HomeMy Public PortalAbout2021_05_25_Council_Agenda_Packet_REVISED(1)
TOWN OF LEESBURG
Town Hall, 25 West Market Street
AGENDA
Town Council Meeting
May 25, 2021
7:00 PM
Council Chamber
REMOTE PUBLIC PARTICIPATION
WebEx Event Address:
https://leesburg.webex.com/leesburg/onstage/g.php?MTID=eaa3655651a52ec13d643addebba14c5b
Phone: 1-415-655-0001
Access Code: 177 623 8134
1. CALL TO ORDER
2. INVOCATION
a. Council Member Nacy
3. SALUTE TO THE FLAG
a. Mayor Burk
4. ROLL CALL
MOTION
I move to allow _________________ to electronically participate in the May 25, 2021,
Town Council Meeting.
5. MINUTES
a. Work Session Minutes of May 10, 2021
b. Regular Session Minutes of May 11, 2021
6. ADOPTING THE MEETING AGENDA (AMENDMENTS AND DELETIONS)
7. CERTIFICATES OF RECOGNITION
8. PRESENTATION OF PROCLAMATIONS
a. Wayne’s Crossing Day
b. National Gun Violence Awareness Day
9. PRESENTATIONS
a. Environmental Advisory Commission (EAC) 2020 Annual Report (EAC Chair
Jennifer Chu)
b. John W. Tolbert Jr. Environmental Award
REVISED(1)
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10. REGIONAL COMMISSION REPORTS
11. PETITIONERS
12. APPROVAL OF THE CONSENT AGENDA
a. Joint Meeting Request with Board of Supervisors in Fall 2021
RESOLUTION
Authorize the Mayor to Send a Letter to the Chair of the Loudoun County
Board of Supervisors Requesting a Joint Meeting Between the Loudoun County
Board of Supervisors and the Leesburg Town Council for the Fall of 2021
b. License Agreement with Cellco Partnership d/b/a Verizon Wireless
RESOLUTION
Authorizing the Town Manager to Execute a License Agreement between the
Town of Leesburg and Cellco Partnership d/b/a Verizon Wireless for Small Cell
Wireless Telecommunications Facilities in the Town’s Right-of-Way
c. Purchase of Spare Pumps and Pump Motor for the Water Pollution Control
Facility
RESOLUTION
Approving a Task Order for the Purchase of Spare Pumps and Pump Motor for
the Water Pollution Control Facility to DSi Inc in the Amount of $251,880
d. Laboratory Repairs and Replacement at the Water Pollution Control Facility
RESOLUTION
Approving a Task Order for the Laboratory Repairs and Replacement at the
Water Pollution Control Facility to FHP Tectonics Corporation in the Amount
of $296,580.50
e. Letter of Support to City of Ranson, West Virginia – Opposition to Rockwool
Plant
MOTION
I move to approve the letter of support to the City of Ranson, West Virginia
regarding the opposition to the Rockwool plant.
f. Council Planning Retreat–Work Plan (Dependent Upon Council Direction) -
REVISED
RESOLUTION
Approval of a Work Plan and Authorizing the Town Manager to Proceed with
Action Steps from the April 2021 Council Planning Retreat
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g. Arts and Cultural District – Wayfinding System and Murals on Private Buildings
(Dependent Upon Council Direction) - REVISED
RESOLUTION
Approval of a Wayfinding System for the Arts and Cultural District and Initiation
of a Zoning Ordinance Text Amendment to Consider Murals on Private Buildings
13. RESOLUTIONS / ORDINANCES / MOTIONS
14. PUBLIC HEARINGS
a. Non-exclusive Telecommunications Facility Franchise(s), Bid Opening and
Public Hearing
ORDINANCE
Granting To __________________ Its Successors and Assigns, a
Telecommunications Facility Franchise, Under Certain Conditions, Permitting
the Grantee to Use the Public Rights-Of-Way in the Town Of Leesburg for the
Design, Construction, Installation, Maintenance, Repair, Upgrade, Removal
and Operation of Specified Small Cell Facilities and Related Infrastructure
b. Town Code Amendments Related to Airport
ORDINANCE
Amending Town Code Sections 2-223, 6-22 and 6-24 Clarifying the Role of the
Airport Commission
and
RESOLUTION
Adopting Revised Rules, Regulations and Minimum Standards for the Leesburg
Executive Airport
15. UNFINISHED BUSINESS
16. NEW BUSINESS
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
a. Future Council Meetings and Agenda Topics
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
19. TOWN MANAGER COMMENTS
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20. CLOSED SESSION
a. Pending Litigation/Annexation and/or a Boundary Line Agreement with
respect to the JLMA
MOTION
I move pursuant to § 2.2-3711(A)(7) and § 2.2-3711(A)(8) of the Code of Virginia
that the Leesburg Town Council convene in a closed meeting for the purpose of
consultation with legal counsel and briefings by staff members pertaining to the
pending litigation of Town of Leesburg et al v. Loudoun County et al, Loudoun
County Circuit Court No. 19-1768 where such consultation in open session
would adversely affect the negotiating or litigating posture of the Town; and
consultation with legal counsel regarding specific legal matters requiring the
provision of legal advice by such counsel, and pertaining to a potential
annexation and/or boundary line agreement with respect to the JLMA.
MOTION
In accordance with Section § 2.2-3712 of the Code of Virginia, I move that
Council certify to the best of each member’s knowledge, only public business
matters lawfully exempted from open meeting requirements under Virginia
Freedom of Information Act and such public business matters for the purpose
identified in the motion by which the closed meeting was convened were heard,
discussed or considered in the meeting by Council. (ROLL CALL VOTE)
21. ADJOURNMENT
ASSISTIVE LISTENING SYSTEM
Qualified individuals with a disability who require a reasonable accommodation to attend and/or participate
in this meeting should contact the Clerk of Council at eboeing@leesburgva.gov or 703-771-2733 to request the
accommodation. Three days advance notice is requested. Meetings are broadcast live on the Town’s local
government access cable TV channel (Comcast 67 and Verizon 35) and streamed live on the website at
www.leesburgva.gov/webcasts. All Town Council, Board and Commission meetings are recorded and can be
found on the Town’s Web site at www.leesburgva.gov
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REGULARLY SHEDULED COUNCIL MEETINGS
Citizens are invited to attend and participate in Town Council meetings. The petitioner’s portion of the meeting
and scheduled public hearings offer the public two opportunities to present their views to the Council during
its meeting.
Petitioners
The petitioners’ portion of the Council agenda is the first item taken up by the Council following proclamations
and certificates of appreciation. This part of the meeting affords individuals the opportunity to address the
Council on any matter not scheduled for a public hearing. Prior to the meeting, those citizens wishing to speak
should sign the Clerk’s Register on the podium at the front of the Chambers. The Mayor will announce the
availability of the sign-up sheet at the beginning of all regular meetings. Petitioners’ presentations should be
limited to five minutes.
Public Hearings
Certain items of Town business can only be conducted after the Town Council conducts an advertised public
hearing. Certain major issues affecting the town’s government can also be scheduled for public hearing at the
option of the Council. Adoption of the town budget, rezonings, special exceptions and amendments to the
Town’s subdivision and zoning ordinances all require a public hearing.
Decorum
A person addressing the Council as a petitioner, or during a public hearing, should advance to the podium
when recognized by the Mayor and state his or her name and address. Persons should also indicate whether
they are representing anyone other than themselves. After the presentation or comments, the Mayor or
members of Council may have questions of the petitioner. Decorum will be maintained. Statements, which are
demeaning or defamatory to members of the public, the staff or the Council, are inappropriate and out of order.
OTHER COUNCIL MEETINGS
Work Sessions/Committee of the Whole
Council may elect to place an item on the Tuesday night meeting agenda for action. Items will only be added
to the agenda if agreed to by a majority of Council present.
Closed Sessions
Under certain circumstances, the Virginia Freedom of Information Act permits the Town Council to meet in
a session where the public is excluded. This may be a discussion of personnel matters, legal matters, the
acquisition or sale of property and other selected topics. The Council can only go into closed session from a
public session and the notice must cite the specific statutory authority to go into closed session and also indicate
the general topic to be discussed. Only those matters in the adopted motion to go into closed session can be
discussed at that time.
TOWN COUNCIL AGENDA MATERIALS
Generally, all items on the regular Council agenda have been first considered at the Council Committee of the
Whole. Individual council members, however, can request full Council action on an item considered, but not
reported out of committee. Materials previously distributed to the Council on Wednesday are available to
citizens on request from the Clerk’s Office. Citizens may also provide the Clerk of Council with an e-mail
address or self-addressed, stamped envelopes and Council agendas will be provided to the citizens without
further charge. For more information, call the Clerk’s Office at (703) 771-2733 during normal business hours
or e-mail at clerk@leesburgva.gov. Meeting agenda packets are available for public inspection in the lobby of
Town Hall on Wednesdays prior to the scheduled meeting. Council agendas can also be viewed on the town’s
World Wide Web site at http://www.leesburgva.gov.
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Council Work Session May 10, 2021
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Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding.
Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Vice
Mayor Martinez, Kari Nacy, Neil Steinberg and Mayor Kelly Burk.
Council Members Absent: None.
Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera,
Deputy Town Manager Keith Markel, Chief of Police Greg Brown, Director of
Economic Development Russell Seymour, Director of Plan Review Bill Ackman,
Director of Public Works and Capital Projects Renee LaFollette, Stormwater and
Environmental Manager Philip Jones, and Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. Items for Discussion
a. Storm Water Management – Tuscarora Creek and Town Branch
Mr. Bill Ackman and Mr. Philip Jones presented Council with an
overview of stormwater management in the Town of Leesburg and reviewed
the areas and reasons why some areas are prone to flooding.
Council and staff, including Ms. Renee LaFollette, discussed the item.
b. Liberty Lot Redevelopment
Mr. Russell Seymour and Mr. Chris Spera provided an overview of the
Liberty Lot Redevelopment concept and the legal steps required to request
proposals for the redevelopment.
Council and staff discussed the item.
It was the consensus of the Council to proceed with issuing a Request for
Proposals (RFP) for a public/private partnership for the Liberty Lot Redevelopment and
confirm the parameters of the request with Council at a Work Session (date to be
determined) before the request is issued.
c. Leesburg Police Department – 2020 Crime Report
Chief Greg Brown presented Council with the Leesburg Crime statistics
for 2020. Chief Brown noted the statistics that were affected by the COVID-19
pandemic. Chief Brown advised Council he would be returning in the coming
months to provide them with the Leesburg Police Department’s annual report.
Council and staff discussed the item.
d. Civilian Oversight Body for Leesburg Police Department
Mr. Chris Spera reviewed the State legislation relative to Civilian
Oversight bodies and the inability for Towns to create an Oversight Body. Mr.
Spera noted that the Town of Leesburg Police Department could be subject to a
Civilian Oversight Body comprised on Loudoun County residents but that it
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would not be applicable to the Sheriff’s Department. Mr. Spera confirmed for
Council that they could establish an advisory commission but that it would not
have the same powers as a Civilian Oversight Body.
Council and staff discussed the item.
It was the consensus of the Council to seek an Advisory Opinion for the Attorney
General’s Office regarding the Town’s interpretation of the State Law.
It was the consensus of the Council to hold a Work Session to discuss the
formation of a task force who would be tasked with what type of body should be created,
who the membership should be, and to create a charter.
2. Additions to Future Council Meetings
a. None.
3. Adjournment
On a motion by Council Member Steinberg, seconded by Council Member Bagdasarian,
the meeting was adjourned at 9:13 p.m.
Clerk of Council
2021_tcwsmin0510
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May 10, 2021 – Town Council Work Session
(Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It
may not be entirely accurate. For greater accuracy, we encourage you to review the video of the
meeting that is on the Town’s Web site – www.leesburgva.gov or refer to the approved Council
meeting minutes. Council meeting videos are retained for three calendar years after a meeting
per Library of Virginia Records Retention guidelines.)
Mayor Kelly Burk: Let's call to order tonight's May 10th Town work session. There is no one that is
participating electronically. Our first item for discussion tonight is stormwater management Tuscarora
Creek and Town Branch. Bill, you're going to be doing this?
Bill Ackman: Good evening, Madam Mayor, Members of Council. I'm here tonight. I've got Renee
LaFollette and Phil Jones with me from Public Works. We're going to try to get through this quickly. As
requested at your March 9th meeting, staff put together a brief presentation on the drainage
associated with Town Branch and Tuscarora Creek. Topics we want to touch tonight include, why we
see flooding in our neighborhoods? What caused the flooding and the degradation of the Town
Branch and Tuscarora Creek and what regulations are in place today to prevent further flooding and
degradation of our streams?
There are many CIP projects that have been done over the years as well as some that are planned in
the future. Also, we're going to touch briefly on the importance of the Town’s MS-4 permit. Why do we
see continued flooding in our neighborhoods? Well, many of our older neighborhoods didn't have
stormwater management at all. They came into the Town, the developers developed it. There were no
stormwater ponds. There was nothing to control the runoff. You can imagine rain falling on the ground
when it's trees and grass it absorbs into the ground. When it becomes pavement and rooftop, you
have a lot more flow that comes off the ground. Today that isn't the case. We have stormwater
management ponds but back in the day, we did not.
Mayor Burk: Bill, may I interrupt you for a second? Is this one not working? You can go on.
Bill Ackman: We have a progression, pre-1990, 1990 to 2014 to today. Here's a couple of projects
that did not have stormwater management, Country Club, Beauregard Estates, Ashton Downs. You'll
notice those are some familiar names and there's a lot of CIP projects associated with that. Silver
Oaks, Oakview, Prospect Hills, Belmont, Virginia Knolls, Towns of Vanderbilt, Lowenbach. Here's an
interesting one. There's over five square miles of drainage that comes from the County and
undetained into the Town. In 1990, the DCSM was adopted in the Town and it was adopted-- the
portion of the regs that came in that dealt with stormwater management included minimum State
regulations. Projects after 1990 required stormwater management to control the volume of the water.
In other words, at any given time, there's no more water leaving the site than what left the site pre-
development.
In 2008 there was an update to deal with water quantity and water quality so that not only the quantity
of the water leaving but also the quality of it was much better. In 1990 prior to 2008 it was water
quantity only. Some of the projects, Potomac Station, Kincaid Forest, Stratford, Foxridge only had
water quantity only. Then between 2008 to 2014 we started dealing with water quantity and water
quality. Some projects include Villages at Leesburg, Lowes, Crescent Place, and a few others. Then
in 2014, the State came along as some of you may recall, and made us up our regs again. Not only
they make the release rate coming from the site even lower in some cases than pre-development but
also strengthen the quality of the water that was leaving the site.
In 2014+ here's a quick summation of some of the projects that have the latest regulations associated
with it. White Oak, Tuscarora Village, Leesburg West, Crescent Park, Courts Expansion, Pennington
Garage, Shops at Russel Branch, Potomac Station Market Place, Brickyard, King Street Station, East
Quarter, Leesburg Tech Park, Douglass School, and North Star School and there's many more.
Something else that happened in 1990 was the Town created an overall regional stormwater
management plan.
In that, there were four major ponds that were just part of that. Exeter, Stratford, Greenway Farms,
and Meadowbrook. Exeter, Stratford, and Greenway Farms are all constructed. Meadowbrook is
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under construction. With that, I'm going to turn it over to Phil to talk about some of the projects that we
have in the books and the ones that we have that are done, and the ones that are on the book now.
Phil.
Phil Jones: Thanks, Bill. As Bill noted my name is Phil Jones. I'm the Stormwater Manager in Public
Works. The map you see up here are areas in red that over the past years have flooded in Town. You
can see that they're generally clustered around several of the large streams that run through Town,
being Tuscarora Creek and Town Branch. I'm not going to go through all of them here with you today,
but a couple I'd like to draw your attention to. In the upper left-hand corner near Market Street is Town
Branch at Mosby Drive. That's an area in the past year where we dealt with a lot of stream bank
erosion and our stream restoration project is proposed. At the confluence of Tuscarora Creek and
Town Branch toward the center of the map is the site of our recently completed Tuscarora Creek
stream restoration project. Then in the lower right-hand corner, just outside the Bypass, the area in
red there is Beauregard Estates. Where we have there recently added a Lawson Road pedestrian
bridge project and where we have recurrent flooding of some of those properties and stream bank
erosion.
We're going to go through now some past capital improvement projects that have been done to
alleviate drainage issues. A lot of these were added in 2008 after Hurricane Hanna swept through
Town and flooded a lot of areas. The picture you'll see there is in 2011. Tuscarora Creek flooded the
community of Virginia Knolls. A project which I'm sure all of you are familiar with is our recently
completed stream restoration project along Tuscarora Creek. Along the left, you'll see prior to the
project, the stream had a lot of stream bank erosion, which was pushing sediment downstream. The
project came in and has stabilized that, adding a lot of natural features back to the stream. The Town
has gotten a lot of water quality credits from that project to help meet a lot of our regulatory
requirements with the State. As you'll note from that map, this area experienced a lot of flooding in
addition to stream bank erosion. The project proposed a lot of flood mitigation design elements
including a wall between the floodplain and the adjacent Virginia Knolls community. The hope moving
forward is that that'll alleviate a lot of the flood issues they've had in the past.
North King Street drainage improvements. That project sought to replace a series of old deteriorated
undersized drainage infrastructure from North King Street to Wirt Street downtown. The project added
curb and gutter and added a properly sized reinforced concrete pipe in that area which has alleviated
the drainage issues. The section at Dry Mill Road near Loudoun County High School used to be
recurrently closed when large storm events came through Town. The capital improvement project for
this area added storm sewer pipe and after the project, the flooding issues have been eliminated or
resolved.
About 800 feet of Woodberry Road were improved around 2008. It used to be open sections of
drainage ditch which were then converted to curb and gutter and storm sewer system. Prior to the
project, when it would rain, water would tend to stand after the storm in the ditches. Obviously with the
addition of curb and gutter and storm sewer pipe that very nicely eliminated that drainage concern. At
Colonial Square along Edwards Ferry Road, the parking lot which you can see on the left there used
to flood during high-intensity rainfall events. That was due to an undersized corrugated metal pipe that
was underneath the parking lot. The project came in and installed two parallel runs of concrete box
culverts which added a significant amount of drainage capacity underneath the parking lot and has
subsequently eliminated the recurrent flooding issue.
At Fort Evans Road, sections of the road which used to be open ditches have been converted as part
of that project to curb and gutter with storm sewer. That project also instituted what is called a
stormwater management pro-rata share program where developers along that corridor contribute to
offsite stormwater management measures. Browns Meadow Court, on the left you can see prior to the
project there was a lot of overland flow, which was leading to standing water and some flooding of
residential properties in that community. The project came through, added storm sewer inlets, storm
sewer pipes under the ground, which again has very nicely alleviated the standing water and flooding
issues.
Some future drainage projects that have been added to the CIP. You'll see on the right, this was from
last week at Lawson Road. That pedestrian crossing has degraded over a number of years and the
CIP project that's upcoming will put a new pedestrian crossing across the stream at that spot. That
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project will also alleviate some upstream erosion issues which have been again developing over a
number of years. As we talked about a little bit, Town Branch at Mosby Drive is a stream restoration
project that has been added to the CIP. That'll again try to eliminate some flooding issues and a lot of
erosion that's occurred over the past several years.
The Royal Street and Liberty Street drainage projects seek to remedy some localized flooding in
some of the downtown areas as well. That will most likely be addressed by the addition of some storm
sewer capacity in those sections. Then finally the Town's MS4 permit also called Municipal Separate
Storm Sewer System Permit, in case you want to get a tongue twister there. The Town is required
through the Virginia Department of Environmental Quality to utilize six minimum control measures to
reduce pollutants and protect water quality for downstream areas. With that, I'll open it up to
questions.
Mayor Burk: Thank you. Very interesting.
Eileen Boeing: Madam Mayor.
Mayor Burk: Yes.
Eileen Boeing: Can you give us just a moment to bring the screen up and down? It's going to make
some noise so I didn't want to do it when someone was speaking.
Mayor Burk: Sure.
Eileen Boeing: Thank you. We hope so.
[pause]
Council Member Bagdasarian: I don't think there's any power going to the projector in the rear
room.
Eileen Boeing: We just flipped the breaker to see if we could get it to come back on and it didn't
come back on.
Mayor Burk: Nice try though. [laughs] All right, we'll have to be using just one screen, and Suzanne,
your neck will probably fall off. That being the case, Suzanne, do you have any questions?
Council Member Suzanne Fox: Just a couple of questions, thank you. In our report here, it said it
was after or prior to 1990 when most of this degradation came about. Of course, that predates me but
I hear a lot about how much things have worsened because of other things that have been built
upstream. I guess those two things don't compute with me because people thought it was great
before some of these projects were built recently. I'm just trying to figure out why, before 1990, has
most of the degradation occurred?
Bill Ackman: I can tell you, based on regulations, we have reduced or made sure the developer
reduced the amount of water leaving the site at any given point in time. Water does flow a little longer,
though, because it's detained over time. That could potentially be part of it, but I think another big part
of that is also once the damage is already done it's going to progressively get worse as time goes on.
It could just be coincidental that as time goes on they start to notice it.
When a new project gets constructed, occasionally, you will pay attention to things that, maybe, you
didn't pay attention to in the past. Then there's Mother Nature. Mother Nature has been brutal to us in
the last few years. We've seen more what we call 100-year storms or 1%-chance-of-occurring storms
occurring a lot more often than we did in the past. Those storms are not detained by the ponds.
Council Member Fox: How many projects has the Town done in the past, I don't know, decade to
mitigate some of the things that have happened prior? There were no requirements of any sort of
developer to do any stormwater mitigation. How many projects have we had?
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Bill Ackman: Seven or eight, Renee?
Renee LaFollette: In the past 10 to 15 years, we've done a number of capital projects that were all
added to the CIP in 2005/6 timeframe. We're talking Dry Mill Road, Browns Meadow, Colonial Square,
at Edward's Ferry, Fort Evans Road, North King Street Drainage. All of those are in the older sections
of Town where those developments were done prior to a lot of the regulations being in place. On a
couple of the projects that finally made their paces through, the Tuscarora Creek project, for example,
that we just finished and have the ribbon cutting on Saturday.
I will say that once you start seeing the degradation, we noticed this with Tuscarora Creek as we were
going through the design process, once that degradation starts it's almost like it accelerates. It starts
occurring faster and faster and faster so you start noticing it more and more because you're starting to
see that cut-down in the channel faster and it becomes more prominent.
Council Member Fox: Right, thank you. This map here with all the stormwater management regional
facilities and flooding area, are we going to be doing things to all these areas, or is that just a heads-
up for the future?
Renee LaFollette: From a CIP perspective, the Town Branch at Mosby project is in the CIP in ‘23,
and if we get our Slack grant, that could possibly be moved into fiscal '22. The area around the
confluence of Town Branch and Tuscarora Creek was the Tuscarora Creek stream mitigation and
flooding project that we just completed. The one up in the further reaches of Tuscarora Creek through
what is the golf course we've done a couple of small drainage projects along Country Club Drive.
Then the one further down near Lawson Road, that section of Tuscarora Creek is the pedestrian
crossing and some stream improvements.
We also have another project in the potential futures in that area for a potential stream restoration
from the Bypass towards Lawson Road and the area in north of Edwards Ferry, that's marked number
one. That area there is a part of Lowenbach and then the area going into Carrvale. All of that drainage
was handled with the last phase of Lowenbach.
Council Member Fox: Do we see any end in sight to this?
Renee LaFollette: The areas that have shown the flooding that are shown on this map, we have
dealt with probably 90% of that. It's probably the reaches of Tuscarora Creek outside of the Bypass
and then potentially through the Westpark Golf Course. If that goes into a conservation easement we
wouldn't be doing anything most likely with any of the drainage up there unless it is impacting private
properties.
Council Member Fox: Ok. Thank you. Just one more quick question for our staff. I know the answer
to this but I still want you to answer it. Which is better for stormwater mitigation, gravel, or asphalt.
Bill Ackman: I'm sorry what was that again?
Council Member Fox: Which is better for stormwater mitigation, gravel or asphalt?
Bill Ackman: It depends.
Council Member Fox: On what?
Bill Ackman: It depends on the type of soils that are underneath the gravel. Certain soils just really
don't take the water. They can be clays, they can be rock that it just doesn't infiltrate and it just runs
right off. In some cases, asphalt can be better because you can collect it easier and put it into a storm
system, and control the outfall.
Council Member Fox: Alright. Thank you.
Mayor Burk: Interesting. Mr. Steinberg.
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Council Member Neil Steinberg: Thanks for the presentation. Let me ask you a couple of questions
as it pertains to the County since we made mention of County situations outside the Town limits it still
affects us. Do we know which developments specifically we're most affected by? I know we have
Shenstone and Beacon Hill up the mountain and several other situations that I suspect those could
potentially I guess contribute to either Town Branch or Tuscarora. Are we aware of the type of outflow
we see from areas like that that affect us?
Bill Ackman: I don't know that we've studied it. If you look at where Tuscarora Creek comes into the
Town, you can see how desegregated the stream is there just as you're coming down Dry Mill Road.
You can actually see the stream right there and all that water's coming from the County. At that point,
five square miles is a lot of area. To my knowledge, none of those subdivisions up there had
stormwater management. I could be wrong. Also, the VDOT original Route 7 four lanes did not
include any stormwater management. Now the climbing lanes did but the original Route 7 did not.
Council Member Steinberg: Well that's funny. That leads to a question I had which is how much
does the Bypass contribute to this issue and what is the County's current responsibility and their
potential future responsibility in helping alleviate both quantity and quality of water in the Town
system?
Bill Ackman: That's a million-dollar question.
Council Member Steinberg: Multi-million, I suspect.
Bill Ackman: Yes, multimillion-dollar question. Good point. There's nothing that would make them
today have to go back and retrofit anything. VDOT has-- Phil touched quickly on an MS-4 Permit –
which deals with water quality which is basically phosphorous nitrogen and suspended solids. All that
is related to the amount of water that comes down through a channel. In that flow combined
throughout the State, VDOT has their own MS-4. They Statewide have a permit. They may do nothing
in this part of the watershed and do things in other parts of the State within the right away and meet
their MS-4. There's nothing that really says they have to come back and retrofit.
Council Member Steinberg: Retroactively?
Bill Ackman: Yeah.
Council Member Steinberg: Which is still continuing with the County. What is our responsibility in
the JLMA where we're providing utilities to development which may not then wind up in the Town?
Who deals in the design standards? Of course the County. Of course, I assume they have to meet
similar requirements and new development. Is that then in effect taken care of even though we have
no say it?
Bill Ackman: For new developments, that's correct.
Council Member Steinberg: For new development. What are the responsibilities of HOAs in both
newer and older neighborhoods? How will they be impacted in the future in terms of having to live up
to current standards?
Bill Ackman: The way the State code is written today they're only responsible for the stormwater
management facilities that were put in place at the time of the development. In other words, if the
development had no stormwater management they would not be required to construct any new
facilities whether it be stormwater quality or quantity. Those developments that had water quantity in
that area between 1990 and 2008, they're not required to do anything with water quality. All they have
to do is continue to maintain the facility so that it functions in a manner in which it was designed.
Council Member Steinberg: When we have a large stormwater management area like Exeter and
we know we recently completed negotiations with them as to who owns the dam what will their future
responsibility be, especially if our 110, 100% model continues to fail us or at some point who's
responsible for increasing the catchment of an area like that?
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Item a.
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Bill Ackman: They would be required to maintain the entire pond is my understanding through a
settlement agreement. They wouldn't be responsible for making the pond any bigger or smaller based
on future regulations unless the State came in and said all existing ponds have to be upgraded to
current standards which I'm not sure they can do.
Council Member Steinberg: Our current standards always up to the States. For example, you've
already mentioned that we've been caught a little flat-footed with the 100% assumption. At what point
do we reevaluate volumes of water and then apply those in the future to management areas? Can we
do that on our own or do we have to wait for State guidance before we can?
Bill Ackman: We don't have to wait for State guidance. However, it is a pretty complex science. For
example, a few years ago, Loudoun County reduced the amount of water that was anticipated for
certain storm events. The Town did not. We assumed a higher volume of water falling from the sky
even though the State and the County lowered theirs. In that case, we've already looked ahead to
say, "Hey, what about if rainfall intensities increase over the years?" We don't want to be caught
lowering our standards and then having things designed that create flooding and other issues.
One of the things we did about a year ago is I had one of my engineers research rainfall data over the
last five years. We found that the numbers that we have in the DCSM today are almost dead on. Had
we reduced and gone to what the County had we would see more flooding.
Council Member Steinberg: Might we expect a recommendation from the staff at some point that we
take a hard look at these projections and decide that we need up the levels?
Bill Ackman: What we do is about every year we go back and look at the rainfall statistics to see if
the numbers we have in our books match what's in the actual rainfall. What we've found so far is they
do match. As far as to be able to predict out, I don't know how to do that. I think that's something
where we would probably have to have a special consultant come on board and start guesstimating
those types of numbers.
Council Member Steinberg: Then in the staff report, there's a reference to small MS-4s What's a
large MS-4?
Bill Ackman: Phil, you want to take that?
Phil Jones: Fairfax County would be an example of a large MS-4. It's based on population in
essence. The Town of Leesburg is a small MS-4.
Council Member Steinberg: Then finally is the Town in a position in any way to control the use of
herbicides Town-wide as opposed to just on Town property? When we start talking about quality
versus quantity, what steps are we permitted to take in order to accomplish that?
Phil Jones: I'm not sure from a legislative perspective what we're allowed to do on that. I'm sorry.
Sorry, it’s the [inaudible]. From a legislative perspective, I'm not sure what we're-- I'd have to get
back to you on that. I know that from an MS-4 perspective, we have the public outreach mechanisms
that we do in terms of mailers, and public outreach, which we're required to do as part of our permit.
We preach best practices on a lot of those types of programs.
Council Member Steinberg: Well, it'll be nice to have an answer on that. Thank you.
Mayor Burk: Mr. Cummings.
Council Member Zach Cummings: Thank you. Thank you, staff, for this report was really thorough,
and a lot of great reading. I appreciate that. I just have a few questions. One of the things mentioned
tonight, and in the report, some of the management doesn't matter, because it's things are happening
outside of the Town limits. Are there any upcoming County-wide developments that you all have
concern on with regards to the stormwater management as it comes into the Town?
Bill Ackman: All future developments will be required to meet the minimum State standards, which is
very similar to our regulations. I don't have a lot of concern as far as if we were to take a development
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Item a.
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in five years from now after it's been designed in the County. One of the things that I mentioned
earlier was the rainfall intensity difference. There may be a little bit there. Storm pipes maybe just a
little undersized but typically, there's enough fluff in there just in the calculations that it could make a
difference. For your average rainstorms, probably not. Your larger rainstorms, maybe. That also has
an impact on the amount of water that gets released from stormwater management facilities, as well.
Do I have great concern? No. Do I have some concern? Yes.
Council Member Cummings: Is there a current procedure in place or practice when a development
is happening outside of the Town but affecting the waterways that come through the Town, that staff
works with the County to just go review any plans to provide an opinion or, just highlight for the
County staff, that this could potentially cause an issue with the Town?
Bill Ackman: Yes. We get referrals for every project that's within the JMLA, and then we would make
some more tight comments.
Council Member Cummings: Perfect. You mentioned obviously, your rainfall figures are ahead of--
You're projecting well ahead of others. Is there anything else that would need to be updated here in
the Town in the DCSM for future development or redevelopment here in Leesburg?
Bill Ackman: Not at the moment. I think we have, for example, one of the things that a lot of people
ask me questions on all the time is overland relief. Overland relief is something that the County
doesn't really have a hard procedure on. Their regulations are a little looser than ours. What our 100-
year overland relief does is any new buildings that are going in, under today's standards, we make the
developer look at the new buildings and make sure that even with a 100-year flood, that doesn't go
into our storm system, that it routes around those buildings, so they don't flood. That's one of the
reasons why in the newer neighborhoods, you're not being requested to have CIP projects.
Council Member Cummings: Sure. Perfect. Then I know the give or take 10 neighborhoods that
were developed before the 1990 standards were put into place, are there any that don't have any kind
of stormwater management systems, storm sewers, and anything like that, that we may in the future
need to look into putting in place?
Bill Ackman: I believe most of them have storm sewer systems. They just don't have anything to
manage the volume of water that get into them.
Council Member Cummings: No plans in the future to add a pond or any retention facilities.
Bill Ackman: Not at this time. Other than what's in the CIP.
Council Member Cummings: Sure. Then my last question is just, beyond pipes and cement or rock.
Is there any other type of mitigation that can be done for maybe, when an area floods and then you
have some standing water as it recedes, that's non, like I said, pipes, non-gravel, just maybe
something that's not traditional? I thought about and I think we're going to be meeting with some
residents over in Lawson Road, talking about putting some high water-consuming trees in an area. Is
there anything like that that the Town can be looking at in the future to help mitigate some water
issues?
Bill Ackman: Each site is a unique process. What we would suggest is in each one of those areas,
we would look at different alternatives to find the correct solution.
Renee LaFollette: I'll add too, that the challenge we have with a lot of other types of mitigation, like
rain gardens or ditches that can absorb more is the geology of Leesburg. We have a lot of clay and a
lot of fat clays, and that is not conducive to water perking or saturating the ground. It tends to sit on
the surface. If you've ever looked at your backyards, when you don't get a lot of rain, it cracks real
bad. That's because of the types of soils we have. Without doing an extensive amount of excavation,
to put in the proper drainage, it becomes very expensive, and they're maintenance intensive. It's very
expensive on the back end as well.
Council Member Cummings: Thank you so much.
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Item a.
Page 8| May 10, 2021
Mayor Burk: Mr. Martinez.
Vice Mayor Fernando “Marty” Martinez: Well, I have a few comments. When we talk about the
developments being done I remember one of the biggest issues with Lowenbach was that Exeter was
built, and they did everything that was required to them but we didn't anticipate that the runoff would
flow into Lowenbach and start filling in basements that never been flooded before. Which is why we
had to do that major project to upgrade the Lowenbach neighborhood. That's just a comment from
what I know. How has the drainage system upgrades to Lowenbach been?
Renee LaFollette: Since we finished the Lowenbach project, I have not received any drainage
complaints from Prince, Catoctin, Blue Ridge, Washington. There haven't been any complaints.
Vice Mayor Martinez: Not only that the neighborhood looks great, but I haven't seen any complaints
either. Sycolin Creek, Goose Creek, not necessarily in the Town, but they're in the JMLA. We're now
seeing developments being put there. The reason I brought up Exeter and Lowenbach is that I don't
want to see these developments going in the JMLA impacting the creeks and then impacting the
neighborhoods surrounding the JMLA and Leesburg. What do we have in place to check those to
make sure that whoever is developing those properties not only take care of their neighborhood but
surrounding areas like the Creek and Leesburg?
Bill Ackman: Loudoun County has their own stormwater management team. We're trusting them to
take the hard look at that since it's in the County and they're responsible for managing the stormwater
in the County outside of the corporate limits of the Town.
Vice Mayor Martinez: Do we get a review?
Bill Ackman: I'm sorry.
Vice Mayor Martinez: Do we get to review the plans?
Bill Ackman: If it's outside the JMLA, we often just don't know what they're doing out there.
Vice Mayor Martinez: If it's within the JMLA.
Bill Ackman: If it's in the JMLA they send us a referral and we try to take a quick look at it.
Vice Mayor Martinez: I hope you take more than a quick look on the stormwater management
because that can be pretty nasty at times as you know. Floodplains. How does all that stormwater
management help with floodplains?
Bill Ackman: That's a good question.
Vice Mayor Martinez: Because I would love to see Westpark if we're going to make it into a park find
some way to mitigate the floodplains with all the drainage and stuff that just sits there.
Bill Ackman: Floodplains are looked at for flows that don't make it into the storm drainage system
underground, or assumes that the storm is so large, that the full capacity of the underground pipes
are at their maximum. The water is running along the roads, along the ditches, in the backyards
around the structures. It makes its way to the lowest point, which is what we call the floodplain. FEMA
has very specific requirements in managing that.
As a development occurs, the Town doesn't regulate the 100-year storm. Any increase in runoff from
the 100-year storm potentially does make it to the creeks but by the time it gets there the thought is
those creeks are already pretty well full. It typically doesn't create additional degradation. Some, yes,
as Renee mentioned, once the creek banks start to fail, it escalates much quicker. Because there's
not a requirement by the State to detain the 100-year storm.
[crosstalk]
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Item a.
Page 9| May 10, 2021
I'm sorry.
Vice Mayor Martinez: Can we just not allow them to happen.
Bill Ackman: I'm sorry?
Vice Mayor Martinez: Can we not just ban 100-year storms?
Bill Ackman: Yes, let's do it.
[laughter]
We'll get a big umbrella that says Town of Leesburg and put it over to the Town. I like that.
Vice Mayor Martinez: In Exeter, I noticed there's another Creek that you had highlighted Cattail
Branch. Not very big and looks like it goes under 15. How is that doing?
Bill Ackman: My understanding is that that stream is well protected, and it's in pretty good shape. In
fact, there's a rare form of trout that is further downstream out in the County. For example, when
Tuscarora High School was built, everywhere in the floodplain, you'll see a lot more trees in that area.
They were very concerned about water heating up and affecting that trout population. You'll see a few
more trees in the open space than what was required. That came through I think it was our
Department of Environmental Quality at the time. They set an order to give the schools the permits,
they had to have so much shade over the property to keep the water from heating up.
Vice Mayor Martinez: The other thing was, are there any areas in Town because we're all talking
about drainage and flooding and all that, that we can replace asphalt with gravel where it makes
sense? I know we're talking about the Liberty parking lot, but I'm talking more of what's surrounding
us and maybe having a plan that any development comes up that we replace the asphalt with gravel
so that it will drain. If the earth underneath the gravel cannot take it, we can do that. Never mind, I can
see you thinking way too hard.
[laughter]
Come back.
Bill Ackman: Where I was going, just real quickly is the Zoning Ordinance would need to be updated
to allow that as a surface. If we were to allow it, then we would probably want a specialized system. In
fact, right now we're looking at a project that's a very small office building that wants to put a parking
lot in its rear yard. We're talking about letting them do a gravel parking lot but it's under very specific
circumstance. They're going to use washed gravel to keep the dust down so it doesn't affect the
neighbors and they're going to put it in a grid system so that it doesn't spread and start to creep. It's a
loaded question. There's a lot to it. Is there an opportunity to do that in certain situations? Yes, and
we're already doing it.
Vice Mayor Martinez: When you're driving through Town, you see a lot of the small businesses in
Town, narrow driveway, but in the back is half a dozen parking spots. That would have been a good
opportunity to maybe go to gravel, if it was possible.
Bill Ackman: Potentially yes.
Vice Mayor Martinez: Yes. I'm just looking at that. What drives the requirement to upgrade drainage
systems? For example, in the southwest, say all of a sudden there's a need, what drives that?
Besides people saying, "My basements are flooding." What would make us look at a deeper?
Again, if you want to come back to me on that.
Bill Ackman: No. I'm trying to formulate the answer in a way that makes sense. If there's a new
development coming in in an area where there's a known drainage problem, then we're very stringent
16
Item a.
Page 10| May 10, 2021
on each outfall. The new stormwater regulations require that each individual outfall gets looked at to
make sure that it doesn't increase runoff. Under the old regulations prior to 2014, you can take a
bunch of water and dump it over here, as long as you release that equal amount less over here. It
was a balancing act.
Vice Mayor Martinez: This goes back to developments that are being put in like Exeter was. They did
all the right things, but we didn't look just a little bit further on how that would impact the drainage
systems in Lowenbach.
Bill Ackman: That was probably a good example. I don't know a lot about that design, but I would
guess under the old regulations, they may have released less over here and released more here and
that may be where part of the problem came from but it was within the regulations at the time. That's
no longer the case.
Vice Mayor Martinez: Right. Good. The last comment, question I have is, you're talking about clay
soil, and not really doing well with water or heat. What about the limestone we have? It seems like
Leesburg is either clay or limestone underneath the surface.
Bill Ackman: It certainly is something we look at with each development. We require core borings
especially with certain times types of stormwater management so that they can tell us what is in that
exact area. Occasionally we'll even get into areas that have sinkholes. This is a little mindboggling
here but imagine a sinkhole in the middle of a field and that water makes its way to this sinkhole today
and goes down. What seen downstream is nothing. When you put asphalt over that and you release it
at the pre-development rate assuming no cavern underneath, and then you release it at that higher
rate. Now downstream properties are going to see an increase in water. What we make developers
do today and again, 10 years ago, this didn't happen, but we make them do core borings and
geotechnical trying to find those areas. Then there's a factor that goes into the stormwater
management ponds that make them hold even more water. A good example of that is White Oak.
White Oak has that factor in it.
Vice Mayor Martinez: Okay, great. One of the reasons I asked is, Exeter over the last 10, 15 years
has had two sinkholes, we had to deal with. Three? Yes. It's a lot of fun, especially trying to figure out
how to shore it up.
Bill Ackman: We certainly have a lot of interesting geology here.
Vice Mayor Martinez: Yes, we do. I want to thank you for your presentation and taking my questions.
I know there were probably a little tough--not tough but obnoxious. I appreciate it.
Bill Ackman: You just made me think.
[laughter]
Mayor Burk: Ms. Nacy.
Council Member Kari Nacy: Thank you. I don't have a whole lot. This is really, really informative and
very thorough. Thank you. Catoctin, what just recently happened with the elementary school? Was
that the County's responsibility for that stormwater issue that we had those couple of residents come
in? Is that is that on the County to take care of?
Bill Ackman: Yes, the County is handling it as part of the proffers that are associated with that
development. That's an interesting one because there's not an approved plan out there that shows
what exists today. Over the last 30 years or between the school making improvements, and that and
the neighborhood's coming in, things weren't quite built the way they were supposed to be built and
their sheds where they're not supposed to be. There's a lot going on there but yes, the school is
responsible to reduce that runoff to minimize the impact on those residents.
Council Member Nacy: Yes, because that was some pretty crazy videos that they had of when it
was flooding.
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Item a.
Page 11| May 10, 2021
Bill Ackman: We're actually looking at that plan right now and we are scrutinizing it. Probably a whole
lot more than the schools would like us to. I would rather the schools be mad at me than you guys.
Mayor Burk: Smart move.
[laughter]
Council Member Nacy: My other question was about the piece of property that's across Evergreen
Mill Road from Meadowbrook and it was a floodplain and they came to get approval to go to FEMA
and asked to fill it in, I guess it wouldn't be a floodplain. Do you know where that's at in the process?
Bill Ackman: Yes, again, another project that has come in trying to do the bare minimum and we
have been very tough on them and we're working with them right now on some solutions. One of the
solutions that I believe Council Member Cummings mentioned was additional trees and that is exactly
what they're going to do to help mitigate some of that. You will see a lot more trees going in there if
they follow our recommendations.
Council Member Nacy: Yes, because it was that Evergreen I don't know the name of that
neighborhood was having some flooding issues from that. Good. That's really it. Your report was so
thorough. Thank you. The only other thing I was going to say was just for fun if anyone ever wants to
see a video of my husband paddle boarding, the creek behind our house when it flooded. It was like
whitewater.
Mayor Burk: Mr. Bagdasarian.
Council Member Ara Bagdasarian: Yes, thank you very much for the presentation. Just two things.
You guys really covered most of the questions that I had. The first one is where exactly in the creek
are the trout located?
[laughter]
Mayor Burk: They're down by the streams.
Bill Ackman: In an undisclosed location. [crosstalk].
Council Member Bagdasarian: Okay. We'll talk later. No, really, the only other thing is the JLMA and
the implications on developing the JLMA and making sure that we have parity with the County's
stormwater management team. It is a joint and there's planned development on that property. I just
want to make sure that we are in parity.
Bill Ackman: We typically make a comment that we would request them to use the higher intensity
values and then the developer will come into the County and say, but we're meeting your regulations
and then they fold they use the County's regs.
Council Member Bagdasarian: That's it. Thank you very much. Very informative. Appreciate it.
Mayor Burk: All right. Well, thank you. Your report was very interesting. I just have a couple of
questions.
One is, I never thought I would hear a discussion on stormwater and the word fluff together. That was
interesting.
[laughter]
When we talk about the pavement and the increase in the amount of pavement many of us have
mentioned alternatives. Do we ever look at permeable asphalt? Is that something that's ever
considered?
18
Item a.
Page 12| May 10, 2021
Bill Ackman: We do, especially, on private property. It can be very expensive to maintain. For
example, if we use permeable pavement asphalt, it's very expensive to lay, very expensive to
maintain. It's a little softer than what you typically get on your general road design. It probably
wouldn't wear as well and be a lot more expensive to maintain for the Town to put it on a public road.
What we do is we often request the applicant to consider impervious pavement. We've gone to as I
mentioned earlier in some cases, gravel with a special design. We've mentioned pavers. There's a
product called pervious concrete. As ridiculous as that sounds, it's out there. If you ever want to see a
demonstration come to my office, I have a little piece of it. We can put it under the sink and it literally
flows right through it. There's been a couple of applications of that in parking lots around Town as
well.
Mayor Burk: I know Vienna and Herndon both Vienna's police station their parking is all permeable. I
know Herndon has also a couple of their parking places. I'm glad to hear that we're considering it and
encouraging it. The concrete sounds interesting. It is amazing as I was reading your report that none
of this really started happening until 1990. Even though the Clean Water Act came into place before
that, the fact that we didn't look at stormwater is just amazing to me. The catch-up that we're playing
now is very obvious. I'm hoping that in the end, it will make it so that these streams are cleaner and
better for us in the end. That is kind of shocking. Then my last question to you is the pond at
Meadowbrook, is it ever going to be not muddy.
Bill Ackman: Someday, yes. It will not be muddy.
Mayor Burk: Are you sure?
Bill Ackman: I promise.
Mayor Burk: All right. Thank you very much. Appreciate that report
Bill Ackman: Right now that pond is used as a sediment pond so it's expected to be a little muddy
but once everything's done it should clear up.
Mayor Burk: Good. Because it's pretty muddy. Thank you all very much. Thanks. All right. Our next
item up for discussion is the Liberty Lot Redevelopment. Mr. Seymour.
Russell Seymour: Good evening Madam Mayor, Members of Council. I'm going to start out by
wishing all eligible members of Council, a very belated happy Mother's Day. I wanted to start out by
talking a little bit about our Liberty lot facility. That's the Town-owned property in downtown. For
location. It starts at location. You can see it's just by the Town Branch park area. It is an area that had
many uses over the years. Give you a little bit better idea of where it is. Currently, it's being used as a
parking lot and then a facility for our Public Works office as well. The zoning for this area, it's twofold.
One it is included in our historic overlay district and our downtown area which is depicted by the area
that's outlined there in blue. It is zoned B-1 which is community development or specifically downtown
business district.
Here's the zoning. Rather than reading all that I highlighted one area that I guess the original or the
initial zoning classifications is B-1, community downtown business district is established in recognition
of the mixed-use core area as the center of Leesburg employment, tourism, and specialty commercial
activity. I think that ties in very well that statement with a lot of what we've seen going on in the
downtown area. Then also a lot of the requests that we've been getting for space in our downtown
area.
From an economic development opportunity for the Town and looking at this space, significant
interest as downtown remains a very desirable location for both business development and
redevelopment. We've had a number of requests for space in our downtown area. There's been a
significant amount of interest. Then also we've had some unsolicited requests for proposals looking at
this site as well. Greater use opportunity for the site. I think we can all agree that a parking lot, while
important, we're starting to see that and other opportunities downtown.
We do now have land that is about a little over two acres, 2.03 acres I believe, that is almost in the
heart of our downtown area, zoned for commercial type use and its Town ownership. There's a lot of
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Item a.
Page 13| May 10, 2021
opportunity there for that. We've mentioned about it being Town ownership but also add to it, that puts
the opportunity or provides Council the opportunity to direct the development of that site. When you
look at directing development of that site, don't look at or consider just that one, two-acre site, also
look at and consider the impact you'll have, or the opportunity for the surrounding businesses and
surrounding area, so this truly puts the Town in a very good position.
We talk about space for holding events, meetings, and those types of uses to bring and keep
business-generated activity in downtown Leesburg. One of the things that you'll hear talking about or
a lot of our businesses talking about is right now, they're going out of Town. They can bring people in.
We have a lot of government contractors in our area. They stay close, sometimes in our hotels, but a
lot of times they're leaving our area and they're having meetings outside of our area because we do
not have that space. We have a Hub Zone. We have a number of attractions to this area. We have a
number of larger businesses to this area that have told us point-blank, a number of occasions, "We're
tired of having to leave Leesburg to have a meeting." That is something that factors in.
Also, as part of your packet, there is a segment or actually a memo generated from, Beth Erickson
from Visit Loudoun. It talks a little bit about the demand generators as a part of this. You'll see that in
your packet of which they're referring to as I believe it was 76%, was the number that they looked at
those types of businesses that were coming in, that were actually looking for some type of meeting
space in Loudoun County. That is an important factor that I think is something that we've seen a lot of
requests for that, but is something certainly we've had to, unfortunately, turn away for a number of
years.
Finally, this evening, I wanted to talk a little bit about the staff recommendation. Staff recommends
that Council pursue a public-private partnership or similar mechanism and the development of this site
in a manner consistent with expanding the economic tourism opportunities in the downtown Leesburg
area. From an economic development standpoint, I believe it's going to have the best positive impact,
not only on the Town, in general, but also being able to look at bringing something, an activity
downtown that is going to have a significant positive impact on our local or existing businesses down
there. That said, I want to turn it over to our Town Attorney, to talk a little bit about the legal impacts of
it or the legal process, and then we'll both be here to answer any questions you may have.
Chris Spera: Thank you, Russ. I have no presentation beyond the good-looking slide that, Russ put
together that says "Legal discussion." I simply wanted to touch on a couple of points with respect to
public-private partnerships. As some of you are I'm sure aware, you adopted a set of guidelines for
public-private partnerships back in 2018. I have reviewed them. The law has not changed since that
time and those are in good shape, so the guidelines that you adopted in 2018 are still in play. For the
newer Council Members and who may have not touched on this before, basically, a public-private
partnership can come about in one of two ways, either the government can solicit almost in an RFP
like process, solicit proposals on a particular parcel or group of parcels, or someone from the
community, a developer could come in and say, "I've got an idea for this in an unsolicited way."
Under either situation, there's a period of time for multiple bids or proposals to come in and whatever
the project ends up being, there's a set of allowed or eligible uses that have to remain once the
project is done. There could be private elements, but it cannot be exclusively private. There has to be
one of these eligible uses that remains as part of the project. It does not have to be the entirety of the
project, but it has to remain as part of the project. I don't think it makes a ton of sense to go into too
much more detail about that at this point.
I think what we as staff think is the right play at this point is if you have an interest in us exploring the
possibility of a public-private partnership for this site, then let us apply the guidelines you adopted in
2018, generate something for you to look at. We wouldn't put it out as a solicitation until after you've
had a chance to review it at a subsequent meeting. Then, if you're comfortable with what we've
developed, then let us put that out on the street and see who might be interested in working with us
within the requirements of our guidelines and the State law. With that, I am done. Russell and I are
here for any questions you may have.
Mayor Burk: Okay. Thank you very much. Yes, we did work on that previously. Council Member
Nacy.
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Item a.
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Council Member Nacy: I don't think I have any questions right now.
Mayor Burk: Okay. That's all right.
[laughter]
Council Member Bagdasarian.
Council Member Bagdasarian: Yes. Thank you, Mr. Seymour, for the presentation. The overview, it
makes perfect sense from so many different perspectives, and everyone's heard me say as many
times, whatever project does that we do look on it for consideration, we have to ask, how does this
align with a Town plan? You've done an excellent job as far as setting the stage, as far as the
economic development viability and the need for that. One question I do have is regarding the viability
of the site because it is built on the old garbage dump, would it makes sense for the Town to conduct
a soil sample or soil study, or environmental study on the physical property, so any potential
partnership would have that in advance on what is actually possible on that site?
Russell Seymour: I will only give my personal thought or recommendation on that particular
question. I believe it'd be in the Town's best interest to go ahead and initiate the RFP process or the
PPP because there are certain factors that would be negotiated moving forward with that. Rather than
doing that ahead of time, and there would be a fair amount of money that would be involved in paying
for that study, it's a good thing to have, but at this point recommend, let's open the door, let's see what
comes in that could be part of a negotiation for the Town later on.
Chris Spera: Okay. I tend to agree with Mr. Seymour on that it really depends on the nature of the
project. For example, I may have shared this with some of you in prior discussions, back in
Alexandria, we had a project that was on the site of a former fuel oil supplier. There was a spill, a tank
leak, a substantial amount of it became a Virginia DEQ remediation site and it was a big deal. This
was not a public-private partnership, this is a private development, but the project that got approved
there had a substantial amount, I believe it was three levels of subsurface parking.
The project that got approved, involved digging a big hole because of the subsurface parking, which,
in effect, remediated most of the contaminated soil. The development project and nature of the project
presented a solution to the contaminated soils. I think what Russ is alluding to is that potentially we
may have something here where if somebody is going to dig a big hole anyway, I'm not saying that
that's exactly what the project would be, but if a proposal comes in, it's got subsurface parking or
something else subsurface that they may have to do the soil analysis anyway, and us paying for it in
advance doesn't really save much.
Council Member Bagdasarian: Yes. Thank you very much. I think someone should definitely
consider pursuing it. Thank you.
Mayor Burk: All right, Mr. Martinez.
Vice Mayor Martinez: In the past, we've had these private-public partnerships. We've tried to and
haven't been as successful as I would have liked it to be. I'm looking forward to this. I know we have--
[coughs] Excuse me. We've had issues with mitigating the environmental has been a big stopping
point and other things. My biggest concern about any development is not to lose a whole lot of
parking spaces but what we're putting there and hopefully, that whatever we do as part of the RP, that
we have a minimum number of parking spaces we want to maintain. Whatever it is, whether it's multi-
structured parking or other stuff. I like the idea of a potential cultural center and other stuff.
I think having something there right next to the Town branch can be really attractive. I've always
wanted to do something with that property to make it work and draw people into Town. I'm looking
forward to seeing what the RFP is going to say, what we're going to ask for, and hopefully, we can get
some entrepreneurs or investors who want to invest in the Town of Leesburg. Thank you.
Mayor Burk: Mr. Cummings, do you have any questions?
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Item a.
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Council Member Cummings: Thank you. I have no specific questions, just very supportive of
moving forward with an RFP on this.
Mayor Burk: Right, Mr. Steinberg, do you have any questions?
Council Member Steinberg: Yes, I do, Mayor Burk. [chuckles] First, a couple of legal things. The
PPEA language talks about educational but then goes on to say, any improvements necessary are
acceptable. Why do they make the distinction with an educational facility and then go on to say do
anything you want in effect? That's what the language seems to say in our staff report.
Chris Spera: What this does is it tracks what the State code says.
Council Member Cummings: I'm sorry, I can't. I think we've all--
Chris Spera: This tracks the State code.
Council Member Steinberg: No, I understand. What I'm asking, in our considerations even though
the acronym PPEA indicates educational facility, additional language in describing it says, "Any
improvements deemed appropriate." Do we actually have to be concerned with the educational facility
part of the acronym?
Chris Spera: It is construed very broadly.
Council Member Steinberg: Very broadly, okay, that's what I thought. Also, when it comes to
competition even though I would never advocate that we not foster competition, is the Town in a
position should a proposal come forward that we simply deemed right from the beginning was so
superior, can we choose to accept a single proposal?
Chris Spera: When an unsolicited proposal comes in, there is still a requirement that there be some
bidding.
Council Member Steinberg: That there is competition?
Chris Spera: That we open for counter-proposals. That doesn't mean you have to accept any of the
counter-proposals but there is a requirement that.
Council Member Steinberg: But you have to review them, okay.
Chris Spera: Yes.
Council Member Steinberg: Getting into the review process, the staff report talks about depending
on the kind of proposal somewhere between a 280 to 350-day review process, am I understanding
that correctly?
Chris Spera: That's correct.
Council Member Steinberg: Just to consider the various proposals, that has nothing to do then with
once a proposal is accepted, the ordinary or usual review process that would then follow?
Chris Spera: That's correct, that is the, for lack of a better term, open review time for consideration.
Council Member Steinberg: Okay. Russell, give us if you can, your guesstimate as to what kind of, if
we get started on this, then what kind of time frame are we potentially looking at? I know it's not a
tomorrow kind of thing, this is years in the making but can you give us a rough idea of the kind of time
frame you might think?
Russell Seymour: Really, I think that's going to come down to the Town and the Council and how
quickly we can move through this. What I mean by that is I think there is significant interest in this
property right now. I'm not concerned about getting responses to the RFP or the PPP or however we
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Item a.
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put it out. I think it's going to be going through the legal process, the recommendations, having
Council sort it out and choose, but I do think you'll have several proposals.
Council Member Steinberg: Thank you for that. This is a minor point. Have we given any thought to
where we'll relocate that storage facility that's currently on the property? [chuckles]
Russell Seymour: No, that is a very good question. I was looking to see. I think--
Council Member Steinberg: We can cross that bridge when we come to it. I'm just curious. To
address Councilman Bagdasarian's concern, yes, obviously the soils underneath the asphalt or
whatever is underneath that asphalt will be a real concern. It has been suggested and I think it's a
good one that we get the County involved because the Town's part may well be the responsibility of
excavating it, which will require a lot of study but again, not a bridge we're going across until we get to
it but thanks for the presentation.
Mayor Burk: Council Member Fox.
Council Member Fox: Yes, I've got a few questions. Thanks. First question, I heard you say Russ
that we both had unsolicited and solicited – or have we had no solicited projects come in?
Russell Seymour: No solicited at this time. These are unsolicited proposals yes.
Council Member Fox: How many have we have?
Russell Seymour: We've had, I know two groups that have showed interest in the last I'll say the last
six, eight months, and there's been additional interest or shared interest since then, as well.
Council Member Fox: All right. Let's see, have all requisite fees been paid for unsolicited proposals?
I read that they had to be I'm just wondering?
Russell Seymour: At this point, I'm going to say these are not official unsolicited ones, these have
been discussions that have been put out.
Chris Spera: That is correct, that these are not formal unsolicited proposals invoking the act but
rather simply, "Hey, we're interested. Do you want to talk to us about this?" More exploratory than
formal.
Council Member Fox: Got you. Okay, but staff has looked these over thoroughly correct?
Russell Seymour: We've had discussions with the both groups that have looked at this, and we have
read through their proposal. Yes.
Council Member Fox: All right. Real quick question on the eligible projects, I took a quick glance
through the part three that says eligible projects. I went through the entire list and I know, at least one
of these proposals has a residential factor to it. Is the 3.1.8 that's where that would fall under is a
residential component to this? The other question I had along with that is, it says any building or
facility and 3.1.2 that meets the public purpose and is developed or operated by the public entity. If we
have some sort of residential component to this, does this say that the Town would have to operate
this as a public for the public purpose and a public facility?
Chris Spera: No, there has to be a qualifying element that it does not have to be in its entirety. The
entire product doesn't have to be one of these things but a component of the project has to be one of
these things.
Council Member Fox: Okay. You're saying the educational piece or whatever we want in there has
to be Town but the residential can be private?
Chris Spera: Correct. It can be a combination, but there has to be a public component that remains, it
does not have to be the entirety.
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Item a.
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Council Member Fox: All right. Russ, was it your suggestion that whatever component is in there,
the Town remains in control of that component?
Russell Seymour: I believe going through this process, you have an opportunity right now to direct
that development, whether that is something that the Council then decides to sell the property
outright. I believe holding the ownership of that property right now so that you have an opportunity as
Council to direct that development. Now, if you choose to keep it after that that would really depend
upon the proposal that comes in, you'd have to look at it from that standpoint. If it was something that
you viewed as being in a shorter term, maybe a stopgap measure some type of development for that
or there's an opportunity even to have a partnership with another entity coming in. I'm looking at it
from the standpoint of just the Council being able to keep their options open as long as possible.
Council Member Fox: What do you see as any pitfalls to a PPEA?
Russell Seymour: With any of these, it really comes down to we need to make sure that we're
advertising we get it out as broad net as we can and have Council look at as many different options
for that. First and foremost, it would be an opportunity for Council to really look at that property,
realizing the other options that we've had for that area, or some of the issues that we've had
downtown in Council have a pretty good understanding of what they want for that property. That will
carry a lot of weight going through this.
Council Member Fox: Okay. The only reason I asked this because it seems from what I'm hearing
from Council, it seems like we've tried this avenue before and it didn't quite work out for us so I want
to avoid whatever we did before.
Russell Seymour: I think we'll be able to do that. I think there is interest now. There's not as much
property left or remaining downtown. It is a target for a number of developers. We're bringing this to
you because we've been approached in the last six-eight months with regards to this. There is a lot of
interest, not only in downtown, but in that particular site.
Council Member Fox: Ok. Thank you
Mayor Burk: I would just say that I would be very interested in pursuing this, do we need to have four
head nods to bring this forward?
Kaj Dentler: Yes. It would be good to know. It appears that everyone is in favor moving forward.
Mayor Burk: We're not putting this on the agenda tomorrow or anything like that?
Kaj Dentler: No. What we will do is based on what we've heard is proceed with developing the RFP
for a public-private partnership,
Mayor Burk: And bring that back.
Kaj Dentler: Define that process, bring it to you, confirm this is what you want, and then go for it.
Mayor Burk: I would like to make sure that we do have four people that would be interested in doing
this. Are there four people that would like to see this go forward? [laughs] It's back in your ballpark.
Thank you.
Council Member Bagdasarian: Great. This one quick. Whether it's solicited or unsolicited, we still
put it out for an RFP process. That's just what's initiating the public-private partnership. Is that
correct?
Chris Spera: That's correct. When you get an unsolicited proposal, somebody comes in and says,
"Hey, I'd like to do this with this piece of public land." Even if you think it's the greatest idea in the
world, there's still a period within which you have to make it open for other competing proposals.
Council Member Bagdasarian: Thank you.
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Item a.
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Chris Spera: That's the distinction. One where we're soliciting bids, the other a bid comes in
unsolicited. You still have to open it up after that unsolicited bid comes in to other potentially
competing proposals.
Vice Mayor Martinez: Can I make a comment?
Mayor Burk: Do you have a question?
Vice Mayor Martinez: No. I just want to say, Russ, you are so good can I see the draft tomorrow?
Russell Seymour: Absolutely.
Mayor Burk: Next one is the Police Department. This is the 2020 Crime Report.
Greg Brown: Yes, it is. Good evening, Mayor Burk and Council Members.
Mayor Burk: Yes.
Greg Brown: This evening, I will be providing you an overview of the Leesburg Police Department
Crime Report. This overview will focus on calendar year 2020, which presented a number of
challenges from the pandemic to police reform both of which have caused interesting changes in how
the Police Department operates. Crime and the way we fight crime will look somewhat different this
year due to new legislation fashioned to usher in police reform. We are working diligently to provide
guidance and training to our staff to ensure that we not only adhere to the new laws but continue to
provide and deliver exemplary police services to the residents, the Town of Leesburg, its businesses,
and its visitors.
The Leesburg Police Department will continue in its proactive measures to ensure the Town remains
one of the safest communities in the region and the State. The pandemic caused us to limit our
interaction with the public, change and create policy and temporarily suspend many of our outreach
programs but it did not affect how we address crime or serve the public. Due to the state of
emergency and subsequent closings, we saw a substantial decrease in our calls for service for
calendar year 2020 recording only 35,585 calls, which is 12,677 less reported calls for service in
2019. The next slide is just a multiyear comparison.
In recent weeks, we have begun to see an increase in calls for service, which is indicative of a slow
return to normal levels this time last year. As you are aware, the Town of Leesburg enjoys a relatively
low crime rate in comparison to other jurisdictions its size making this one of the safest communities
in the region. To accomplish this, the Leesburg Police Department utilized the statistical crime and
trend analysis combined with empirical observation and assessment of quality of life issues. This
proactive approach allows us to get out in front of issues that could otherwise present opportunities of
crime.
Before we get to the actual statistical data, I want to first provide you with a synopsis of how we
collect and report that crime data. In 2013, the Leesburg Police Department was certified to begin
collecting and submitting to the FBI's National Incident Based Reporting System, better known as
NIBRS. Prior to that, we used UCRO, which is Unified Crime Reporting System. This allows for a
more comprehensive data entry resulting in a more accurate reflection of the incidents and
occurrences of crime in a given locality. Arrests are broken into two groups of crime. Group A
offenses and group B offenses.
This allows us to more accurately break down crimes against persons, crimes against property, and
crimes against society, which are group A offenses and group B offenses which are considered to be
a lesser crime or a nuisance-related offense. In summary, the benefit of reporting under NIBRS is that
it provides greater specificity and reported offenses in arrest, collects more detailed information on
each crime, assists in giving context to specific crime problems, and allows our crime analysts greater
analytical flexibility. For the purpose of this presentation, and to respect time to review the data
generally under Group A and Group B offenses and not go line by line. Please refer to your
documents more specifically to the LPD crime report presentation will break down in classification of
various crimes and percentages.
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Item a.
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In this slide, you will see the more serious crimes which is our crimes against persons. You will note
the insignificant changes in comparison to 2019. Crimes against property accounted for 55% of the
reporting of Group A. While crimes against persons accounted for 26%, which is what you're looking
at now. Overall crime in these categories were typically down minimal or stable. The criminal offenses
that did increase are still within an acceptable and reasonable range in respect to five-year
projections.
You can see crimes against property for 2020. Overall, arrests were down by 13% in Group A
offenses, and one could theorize that this is due in part to the pandemic, which is probably the better
assumption. As you can see in Group B, arrests are substantially down by 50% in 2020. Again, we
can theorize these numbers have been directly impacted by the pandemic. This is different than what
we would normally do in these instances. I've had conversations with a number of Council Members
in regards to reporting and responding to victims of domestic violence and ensuring that they get the
services that they need.
Typically, this will be reported under Group A, but I broke them out for you guys to get a general view
of the illustration of exactly what we're doing in regards to domestic violence. Over the last several
years, law enforcement began more closely tracking statistics to better assess and allocate resources
working with our community stakeholders to assist victims of domestic violence. In 2020, we saw a
decrease in reported domestic violence. Leesburg Police Department pushed out several public
service announcements to encourage victims to reach out despite the pandemic.
Again, we can theorize that due to the pandemic, some of our victims were reluctant in reporting
because many times they have to return to the same household. We've worked very closely with our
community stakeholders to push out these PSAs and reach out to folks to make them feel more
comfortable reporting these things. Domestic violence is a very serious issue and it goes across all
demographics, and also socio-economic status. It's something that we take very seriously here.
The Leesburg Police Department's analyst is actually a crime and traffic analyst and also tracks traffic
data to assist our traffic management unit in the deployment of resources to address traffic-related
issues in our community because traffic or crime that is our biggest problem in Leesburg. You will
notice again, a substantial decrease in motorists contact and crashes for calendar year 2020. Next
slide, you will see our top four intersections for motor vehicle crashes in descending order from 2019
to 2020, which also decreased as well.
Again, statistics are read across statistics can be somewhat challenging to report. There are even
more challenging to report when you have crime but there is a substantial difficulty in reporting when
you don't have crime. I can tell you that Leesburg remains a very safe community. Overall you can
see the Town of Leesburg actually experienced a decrease in crime during the calendar year 2020.
Be forewarned that the next year's crime report may or may not show and I say may or may not show
a substantial increase in offenses in arrest as we return back to normal calls for service. This will not
be indicative of an increase in crime but more so that we are returning to normal. Thank you for your
time this evening. I told a few of you that this was going to be very brief. If there's anything I love and I
love everything about Leesburg and being the Chief here. What I really love is not having to fight
crime the way I have in other areas of the County. This is a good report if you ask me and I'm hoping
that we can continue down this avenue for 2021 report. Any questions?
Mayor Burk: Thank you very much. Mr. Martinez.
Vice Mayor Martinez: Chief, we all can look at those stats and pretty much assume the ones that did
increase were because of the pandemic and people being frustrated. The rest, I agree with you that
we're probably going to see a return to normal, so we shouldn't be too shocked. I do appreciate your
Police Department and its work and I want to thank you. One thing I noticed you didn't mention was
we had a big controversy last year, nationally, about the Black Lives Matter and the policies that they
asked us to implement. I would have loved to have seen a note in there that you address those issues
way before there was a Black Lives Matter concern. You understand what the value of implementing
those policies, especially, for me, is the de-escalation. Not running in there as a lone ranger, but more
as somebody who's trying to work out the situation. I appreciate that. I think a little note. The reason
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Item a.
Page 20| May 10, 2021
I'm bringing it up is I think it's a comment that needs to be made that you've done everything you can
to adhere to those policies before they're even put out there. I appreciate that. Thank you.
Greg Brown: I appreciate that. Actually, it will be in the annual report presentation, which will be
coming to you later on this year. I'm hoping by the third quarter. We're working on it now. This is
actually just a crime report. The annual report will focus on those policy changes and some of the
social justice interaction that we have with the public.
Mayor Burk: Ms. Nacy.
Council Member Nacy: I don't have any questions, just thank you very much for the thorough
presentation. It's definitely a good thing to see low crime rates for sure. I appreciate your service and
your leadership.
Greg Brown: Thank you.
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: Thank you, Chief Brown. I appreciate it and everything you're doing.
Since this is not the annual report, this is just about the numbers and statistics, how does the broader
community measure the safest communities in America, the safest communities in Virginia, et cetera?
What metrics are used to gauge what that is determined by?
Greg Brown: Well, there are several private companies that actually do that for us, some insurance
companies out there that put out reports. In the beginning, I was actually putting those out, but
because they're private companies, I don't do that. I base my comment off of one of the safest towns
per capita and region off of Conn’s report. I cannot release those statistics just yet because they have
not completed and authorized us to release the Council government’s chief report. Hopefully, that
comes out in the next few weeks. I think either June or July, we're authorized to put that out. I'm pretty
sure that you will receive a copy of that showing exactly where we stand within the ratings.
Council Member Bagdasarian: In general, is it crimes per capita?
Greg Brown: Is crimes per capita. Yes. It's crimes per 1,000.
Council Member Bagdasarian: Thank you.
Mayor Burk: Ms. Fox.
Council Member Fox: Chief.
Greg Brown: Hello.
Council Member Fox: Thanks for being here. I really think that your service has been one of the best
things that happen to this Town's law enforcement. I hope you don't go anywhere anytime soon, but
to stay. Thank you.
Greg Brown: Thank you.
Council Member Fox: [clears throat] I think this is a great report. There's a couple things that I'm
wondering about, change in crimes. Now, I know that there's a lot of redefining and a lot of stuff going
on down there at the State level. Has anything been redefined, any of these stats been redefined so
that it makes the stats look better, or are we just doing plain better?
Greg Brown: If I understand your question, do you mean just for calendar year 2020?
Council Member Fox: Yes. Between 2019 and 2020. Did anything happen to any of those
definitions?
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Item a.
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Greg Brown: Well, most of that legislation didn't take effect until January 1st, March 1st and July 1st,
so it would not have affected that calendar year or 2019.
Council Member Fox: Got you. I didn't see any stats about offenders that might have come from out
of the area. Do you have any stats on whether the crimes that have been taking place that we see
here, are they pretty located with us, or are people coming out of Town and coming here and
committing these crimes?
Greg Brown: That varies. A lot of the cases, and I'll use indecent liberties with a minor, those
individuals are coming from out of Town. Some from our local area but more times than none, I see
individuals coming from other counties and sometimes other states. Shoplifting rings. We identify
those individuals they're coming anywhere from North Carolina, from Baltimore, from PG County, from
West Virginia. It depends on the actual actual crime. Most of the domestic violence your partners
know, or the partner is known, a lot of the assaults and some of our robberies, the offender was local
but those other cases, shoplifting, rims being stolen, things of that nature, those individuals are
usually identified from out of the area.
Council Member Fox: I guess the silver line when that finally does if ever, service the Ashburn area
do you expect an increase?
Greg Brown: I'm sorry.
Council Member Fox: The silver line.
Greg Brown: Yes. That's something I've been talking about since even prior to me even coming here.
My last job, two of the stations were going to be in my station area. I started sounding the alarm even
back then. I think public transportation is a good thing, but there are a whole set of problems that
comes with that. Even though we are 0.8 something miles or eight point something miles away from
the silver line or the last stop, I would suspect that we probably will see some increase in certain types
of crimes.
Council Member Fox: One last thing I noticed that we had zero incidents with human trafficking, but
I've heard that we have an issue, does that mean we don't have any issue at all or we just haven't had
any?
Greg Brown: That doesn't mean that at all. Again, I've spoken to a number of Council Members in
regards to human trafficking, which has been identified as a big problem in Northern Virginia, but you
have to have a victim and you have to have a victim that's willing to cooperate. Many times that's the
difficult part in pushing forward with that type of offense.
Council Member Fox: We're pretty much aware of what's going on. It's just that nothing's coming out.
Greg Brown: That would be correct.
Council Member Fox: Thank you very much.
Mayor Burk: Mr. Cummings. Mr. Cummings.
Council Member Cummings: Thank you, Chief Brown. Appreciate your time and your service and
your fellow officers of service. One quick question because I know this is not the annual report, but
something I hear in the community and see on my own street is traffic, and speed is definitely an
issue. It's going to continue to build from last year because of getting back this return to normal. Is
there anything that you're doing or you're putting into place now that more folks were on the road post
pandemic or almost post pandemic to help slow folks down?
Greg Brown: We never stopped and we have pretty-- I don't like using the word aggressive,
particularly in today's times, but we have a pretty aggressive response to traffic because that our
biggest problem in Leesburg. Beyond our traffic management unit, of course, our regular patrol
officers are actually out there. Now, as I told Council in my first year, when I came here, I got
questioned as to why we saw the decrease in traffic tickets being issued.
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Item a.
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If you guys remember that was 2016 and that was post-Ferguson. What we were trying to do was to
establish positive relationships with our public. I had units err on the side of issuing warnings and
using that interaction with the public as coachable moments is what I call them. Of course, they going
through the system, if they get pulled over the next week, of course, they get a ticket.
As far as what we're seeing now, we never changed how we address things, particularly in our
construction area which we are pretty sure each one of you received complaints on that. We really
ramped up our enforcement efforts in areas that were being reported and areas that we did traffic
studies on to ensure that we were providing the right amount of service and not over-enforcing a
particular problem. That is a big issue unfortunately we're hearing as a result of some of the things is
that sometimes law enforcement has the habit of over forcing. We want to make sure we throw the
right amount of resources at an issue to address a problem without shaking the community up too
much.
Council Member Cummings: Follow up exactly what you were talking about. Are you working with
Public Works and other staff in the Town to help layout traffic calming, areas that you're seeing a lot of
issues that need some traffic calming issues? I look at my street on Valley View. It's the main
thoroughfare between Catoctin and Loudoun Street and to get on the Bypass and we need a stop
sign or something there. Are you working with staff there?
Greg Brown: You can't tell that I'm smiling under the mask, but I actually am smiling under the mask.
Again, this something that I learned when I was station commander in my old agency.
As that is probably the most problematic traffic area in the County. I think Leesburg is a very close
second. Back down there, I worked very closely with VDOT address issues because we were actually
having fatalities. We're doing the same thing here with DPW in regards to working with Sean Baroody,
looking at traffic light timing. Our TMUs works very closely with monitoring those types of issues. Also,
looking at signage, looking at speed combing issues, things of that nature. A lot of times what we find
is when we go out to these neighborhoods and we do a traffic study or something of that nature--
Because we have to go off the data. We have to pull resources off the data so I'll talk to speeding
directly.
A lot of times we don't see what the residents see and when we get there, the folks who are actually
violating the law are therefore residents, then they ask us to leave. That's kind of comical. In regards
to actual signage, and I think I could use Russell Branch as probably our most recent example, how
we worked with the community, worked with DPW to address signage issues, to ensure that
pedestrians could cross the street back and forth. When I talk about empirical observations, that's just
not with crime, that's also with traffic. We don't know what we don't know. If people are identifying
issues within their community with traffic and they want to see something done, we encourage them
to call in. We don't take it lightly. We'll work with Renee, make sure we get a traffic study done, and
address it accordingly.
Council Member Cummings: Just one last final question. We have the Standing Residential Traffic
Committee.
Greg Brown: That’s correct.
Council Member Cummings: I know you and your fellow officers and staff work directly with. Are
there any changes or any additions needed with the process that we use here in the Town that may
help? We’re growing like crazy. There's more people moving here. There's more houses being built,
more roads being added too. Is there anything that you would see in the next couple of years that we
would need to improve upon to ensure we're keeping an eye on the traffic and the speeding and
everything that goes with it?
Greg Brown: That's a very difficult question because I think each incident of traffic problem is unique
in and of itself. Each has to be handled individually. I think we're doing a pretty good job now, I think
working collectively with the community and working with the other Town departments, conducting
studies, enforcing when we have to. We really try not to over-force. I think that resolves most of the
issues or most of the complaints that we receive from the community. We have a good working model
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Item a.
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but it's hard to forecast and project what issues will come about in regards to increased traffic besides
more problems. I have to be very general, more problems.
Madam Mayor: Mr. Steinberg.
Council Member Steinberg: Thank you. Thanks, Chief Brown, for your concise report and heading
up what's obviously a well-run local police department. You addressed, early in your remarks, what
may seem to be an obvious point, and that is that the pandemic might be held primarily responsible
for what we see as a 26% drop in the calls for service. Is there any feeling that also because of the
pandemic that certain crimes may have been underreported and possibly have affected the numbers?
Greg Brown: Yes. That is a very great possibility. I used domestic violence as an example of a crime
that we think was underreported. I would suspect there's a lot of crime that has not been reported to
us during the pandemic. Can't give you an exact percentage, but I would suspect that would be
accurate.
Council Member Steinberg: Well, thank you for that. Now, in looking at the numbers, it's interesting
because some of them seem to be upside down. We might expect because of the pandemic to see
decreases in certain crime. Interestingly enough, we see a 64% increase in burglary and entry when
you might expect a lot of people to have been home on a regular basis during the pandemic. We see
a decline in drug use and narcotics offenses and yet you might expect that to spike during the
pandemic. When you analyze these figures, is there any way to look at those and say, "What's going
on here, or this factor may or may not explain that particular number?"
Greg Brown: What we don't see and what we don't have evidence on is problematic in and of itself.
We can theorize all day long in regards to the burglaries as to why they increased. Many of those
burglaries were tied into, for instance, we had one situation where an individual was doing rooftop
burglaries. They were just every other night but they were going through establishments, through the
roof and--
Council Member Steinberg: They weren't stealing the rooftops.
Greg Brown: No, they were stealing underneath the rooftops. We did see an increase in there. Our
stats are so low from the start any change is going to throw our percentages off. You saw the one
homicide that we did have last year.
If you don't look at those numbers from 2019 to 2020 and you see 100%, if you don't look at that
you're going to start panicking and thinking Leesburg is the most dangerous place in the world. You
have to be very careful when you look at the differences of I think it was 63 the year before and went
up to 85 I'm not looking at the stats. I'm trying to recall that from memory. When you look at that, it
really isn't significant and it is in line with the five-year projected occurrence of offenses through crime
analytical studies. If that makes sense.
Council Member Steinberg: It may be an unattainable answer in the end but thanks for the
information.
Greg Brown: I was tempted to bring our crime analysts with me because she can better explain the
stuff than I but I told her to stand down but next year I’ll bring her.
Council Member Steinberg: Can you explain closure rate because you would think in domestic
violence that you've got the parties at hand and so I wonder why the closure rate hovers around a
little more than 40%. What am I not understanding about that figure?
Greg Brown: I think I put a note on slide for that because I knew that question was going to come up.
The above chart looks at the total count of cases and arrests. This does not include multiple charges
per case or multiple arrest charges. All of those things get figured into the formula for actual closure
rate. The closure rate is year by year. However, an arrest from 2015 may have occurred in 2016. I'm
not a crime analyst but they have a particular program that they put all this data in and it spits the
information out to us. A lot of times it's a crime occurring at one period of time. It's multiple charges
and that's how they come up with the particular closure rate on instances.
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Item a.
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Council Member Steinberg: It isn't necessarily that we're looking at 50% plus of the cases are never
resolved. It's just the way the numbers get skewed.
Greg Brown: In 2021, cases from 2020 can end up being closed but only account for closure rates in
regards to the calendar year 2021.
Council Member Steinberg: Okay, thank you very much.
Mayor Burk: How many officers do you have?
Greg Brown: We are authorized at this time 90.
Mayor Burk: Actually have 90 off? How many openings do you have still?
Greg Brown: We currently have 12 vacancies for sworn and one for non-sworn.
Mayor Burk: How many of your officers experienced the COVID virus? How many had to deal with
that?
Greg Brown: We actually put a survey out but as you know, the survey is only as good as the
respondent rate and we didn't get a whole lot of people answering back. The numbers are not
accurate.
Mayor Burk: Just curious because it would be very interesting to see how many officers ended up
getting sick with having to deal with the [crostalk].
Greg Brown: I can give you a roundabout number because we have what we call an infectious
control officer which is now basically a full-time position as a result of COVID. We actually did track
those and in 2020 I think, and I'm speaking off the top of my head. We had no more than five
confirmed positive cases. No more than that. That's not to say that there were other individuals that
had been infected and we didn't know, but five confirmed where we had to actually go through the
CDC mandated response and put people on notice and so forth and so on. We had no more than five.
Now I think that's directly-- I'll speak about this during the annual report but I think that's directly
attributed to Leesburg being on the forefront with addressing this issue effective February 26th of last
year when a lot of our sister jurisdictions waited three to four weeks after we did. We got ahead of it,
we put policies in place. We assigned somebody to actually be able to communicate with the CDC
and the Health Department. We started addressing those issues earlier and came up with policies to
respond.
That's my theory is the fact that we got on it. We had lower numbers in comparison to other agencies
in the area our size. A lot of other agencies experienced a whole lot higher rates than what we did. Off
the top of my head, if I'm not mistaken, for 2020 I only recall no more than five positive confirmed
cases of COVID-19.
Mayor Burk: I would assume that that would intact your ability to have officers on the street because
if they're in contact with and they have to quarantine and so you must've had some officers
quarantined.
Greg Brown: We were lucky because our call for services went down. We had to reallocate
resources. We ended up taking school resource officers because they were assigned to the school
and rolling some of them into traffic management unit and some of them to actual patrol shifts. It didn't
impact our service delivery like you would think because of the schools being closed and decreased
calls for service. We didn't feel the crunch in regards to being able to respond and remaining fully
staffed throughout the year.
Mayor Burk: Do you know how many of your officers are vaccinated?
Greg Brown: I'm sorry, ma'am.
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Item a.
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Mayor Burk: Do you know how many of your officers are vaccinated?
Greg Brown: We also sent out a survey for that as well and our respondent rate was very low. If I
report that it's not going to be an accurate reflection of exactly how many people. If you think citizens
are private, ask a bunch of cops for information and you'll find out what privacy actually means.
Mayor Burk: Is there a program to encourage them to get vaccinated so that you aren't in a position
where people are getting sick.
Greg Brown: Yes, internally that infection control officer he worked with me to send out internal
service announcements. We send out we worked very closely with the Department of Health and
Inova to ensure that they were aware of when and how to get vaccinated the different types of
vaccines, symptoms that would occur after we sent out a full blast of information to try to make them
more comfortable with actually becoming vaccinated. It was internal. I heard a lot of people say they
were going to do it whether they did it or not, I cannot accurately report that.
Mayor Burk: Interestng. I just have one question about the numbers. In 19 we had one arson and
then in 20 you had four. Is it the same person chance [chuckles] or was it four different incidences?
Greg Brown: Madam Mayor, I knew somebody was going to ask that so I had Chelsea pull. I said I
need an explanation for that because that wasn't what 300% of whatever it was. It was something
crazy. For 2020, we had a Trump sign that was set on fire which was able to be extinguished quickly.
We had a dumpster fire possible suspects were causing an incident in a nearby store.
We had a United States postal service mailbox set on fire. The suspect was identified in that case it
was emotionally disturbed person. Fire marshal and postmaster declined prosecution on that. Then
we had some ceiling tiles and one of our middle schools set on fire after a student held a lighter too
close to the tiles during mock Memorial service for a recent celebrity death. I took the liberty because I
knew somebody was going to ask me that question so I made sure I was comfortable.
Mayor Burk: You were prepared. Very good. Then the last thing I'll end up with is that the crossing
guard at Catoctin Elementary School when they started back a couple of—what a month ago now or a
couple of weeks ago—she was having problems. People were no longer stopping and if you know the
crossing guard, that's amazing because she'll be out in the middle of the street chasing cars down.
She called the Leesburg Police and the Leesburg Police came and were a big help to her and started
writing tickets. People started realizing that school was back in place and they needed to stop. She
wanted to make sure that I thanked you for making sure that the Leesburg Police cooperated and
help make the kids safe, so thank you.
Greg Brown: Thank you very much. We're here to help.
Mayor Burk: And Mr. Bagdasarian, you have another question?
Council Member Bagdasarian: One final thought before we move on to the next item on the agenda
which ties into it but I appreciate your work. Some of the discussion really led me think the fact that
we need to be deliberate about building a culture of safety. Safety is not solely law enforcement. It’s
emergency management. It's the crossing guard, it's pedestrian safety, it's traffic calming. All of these
things together help build that culture of safety and so appreciate your work. I think we need to look at
things from that holistic perspective as we approach things and move forward, so thank you again.
Greg Brown: Appreciate that. I'll just add to that is something that I've always said and that is my job
and the job of the folks that are out there actually doing the real work is not just to fight crime but it's to
maintain and decrease the fear of crime and that is very important. Crime is one thing but when you
reduce the fear of crime and community gets involved when you start getting reported or reports. Lots
of time, people are afraid to call in. If you reduce that fear, that's when you get into a good situation
with your community and you can better and more effectively fight those issues.
Council Member Bagdasarian: That's an index that should be measured as your fear index?
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Item a.
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Greg Brown: Yes.
Council Member Bagdasarian: Walking alone at night. Those are certainly factors that all come into
play, but great point.
Greg Brown: Thank you.
Mayor Burk: Thank you very much. We appreciate the information and all your hard work.
Greg Brown: Thank you.
Madam Mayor: Mr. Spera.
Chris Spera: Madam Mayor, thank you. This is essentially a reprise of a presentation I gave to you
back in December. I believe the Vice Mayor had asked about revisiting the issue of civilian oversight
bodies with respect to law enforcement. As we talked about back in December, I guess this is new for
the three new members of Council. The General Assembly passed some laws in late 2020, created
authority for certain civilian oversight bodies with direct regulatory authority over certain law
enforcement entities. Here's the laundry list of options available if a locality were to choose to put an
oversight body in place. Creation of oversight bodies is not mandatory. None of the optional powers
are required. There is a whole menu here of choices for those localities that are eligible to put one of
these oversight bodies in place. They can conduct investigations, can receive complaints, issue
findings with respect to use of force, other types of misconduct. If enacted, can make binding
disciplinary determinations regarding police officers, investigating their recommendations and
practices and procedures, review and issue findings on internal investigations, look at annual
expenditures, public reports on their own activities, or other types of duties like this.
The issue that we talked about in December, and that I will bring it up again here, is that Leesburg
and Loudoun County fall into an odd place with respect to how this law was drafted. The State Code
Section 9.1601 does not include the Sheriff's Department in the types of entities that can be subject to
one of these oversight boards. The primary law enforcement entity in Loudoun County is not subject
to having an oversight board put in place.
Moreover, only a locality as defined in the code can create a civilian oversight board. Towns are not
included, only counties or cities. We have a Police Department, Loudoun County doesn't, they have a
Sheriff's Department, but as a Town we're not defined as one of the localities that’s able to create one
of these things. It gets even a little bit stranger in that the localities, either a city or a Town, they have
the authority for their oversight body to regulate a number of different types of police departments.
Those include Town police departments or campus police departments that are within their
geographic boundaries.
We find ourselves in an odd position with respect to the way that this State Code Section is drafted
where we don't have the authority to create a police oversight body ourselves. Our Police Department
could be subject to one created by the County. To be fair to the County, they have not said that they
want to put one in place to oversee our Police Department, but the State Code section would allow
them to do so. At the same time, the primary law enforcement agency within the County would not be
subject to oversight. It's a very oddly impacting State Code section with respect to how law
enforcement is done in Leesburg, in particular, and in Loudoun County in general. The Mayor, Mr.
Markel, and I brought this to the attention of our legislative delegation early in the year. We briefed
each of them on exactly this, I believe with each of the Chiefs of Staff for each of the elected officials.
I shared a memorandum that I wrote detailing this gap.
They all seem to acknowledge, oh gee, I didn't really think about it that way and said that they'd that
they look into it, but we haven't heard much back from them since that time. What I briefed you on
December is where we find ourselves now. Nothing has changed with respect to the State law. Given
that, we can certainly renew our request with our legislative delegation, but there are also some things
that we can do short of a full-blown civilian oversight board.
We can create a task force or other type of commission, although purely advisory in nature, that could
start looking at some of the same things, some of the same issues that the oversight body might
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Item a.
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eventually regulate if the State law is changed and we're allowed to create one. That may be a way to
start identifying what the needs might be, do we need one of these things in our community for our
police force or not, or if we need one, what is the scope?
These are all issues for you and perhaps creating one of these task forces or some other advisory
commission or ad hoc commission might be able to start exploring in advance. I believe that legally,
that's all we can do at this point. We do not have the authority to go ahead and embrace the full-blown
civilian oversight commission.
For those of you who were here in December, I apologize for the redundancy, for the new Council
Members, that's where we find ourselves in. The law has not changed in the interim. Happy to answer
any questions.
Mayor Burk: Mr. Cummings, do you have any questions?
Council Member Cummings: Thanks. Because the legislators meet at their appointed times and at
this point they're not in session to give us an answer and fix any issues in the legislation, is there
another avenue that we could go to at the State level to render an opinion, if you will, on the way the
legislation was written?
Chris Spera: Certainly ask the Attorney General if he agrees with my interpretation, but that would be
an advisory opinion by the Attorney General but that wouldn't change the law if the law in fact needed
to be changed.
Council Member Cummings: Sure. The Town of Purcellville has an advisory commission that works
with their police, if we were to go down that route and the law did change, what's the process to either
bring that body that we create into line with the new law or disband it if the law doesn't change. What
are we looking at here?
Chris Spera: If you created an advisory commission, one that's not undertaking all those enumerated
powers, but simply working on your behalf and giving you advice with respect to what they find and
what they observe, you could do one or two things. You need to take that entity. If the law changes
and you're empowered and you have the political will to do so, you could convert that thing into the
formal oversight commission or you could disband it and create a completely different entity.
Those would be your options, but to me, until there's something clearer, I would advise against doing
anything more than creating an advisory body. If you think about it, you run into a whole series of
problems. If you just say, we're going to do it anyway, and we do it.
Then let's say you empower that entity to investigate and make findings or do discipline, well, all those
findings and disciplinary proceedings would be subject to potentially legal challenge with the way that
the code sections currently drafted. I think without getting clear guidance or a change in what I believe
to be very unfortunate drafting, I think it's a pretty dangerous path to blaze ahead with something any
greater than an advisory group or a task force with advisory authority.
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: Thank you, Chris, for the presentation. The law specifically includes
counties are you saying the only counties with police departments then are subject to this law that any
County with the Sheriff's department does not have to comply?
Chris Spera: No, that's not what I'm saying at all. Definition of a locality is construed to mean a
County or city as the context may require is the direct language of the State code section. The issue
with respect to Sheriff's Departments is that Sheriff's Departments, whether a County creates one of
these entities or not a city or County, a Sheriff's Department is not subject to their jurisdiction.
Council Member Steinberg: It seems decidedly odd that would indeed be the case. If the Town of
Leesburg decided to create an advisory task force of some kind, to what extent would the local law
enforcement department have to comply with any requests made by the task force?
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Item a.
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Chris Spera: I think it would be what they request would be what the request is. If it's a request to
share information, to have a meeting, to have a discussion both of them technically work for you.
They would have to comply. If you tried to give that task force or advisory body more than information
gathering functions to render its advice to you then perhaps the Police Department would be
appropriate in saying no.
Council Member Steinberg: Quite the quandary. I respect your legal opinion. I would offer that
getting at least an advisory position from the Attorney General so that nothing else when we get back
to our delegation for next year we'll be in a stronger position. This obviously is something that needs
to be clarified much sooner rather than later. I would offer the Council that we should move in that
direction get an opinion from the Attorney General.
Chris Spera: I have no objection to asking for one but I did not feel it was my place to ask for one
without a mandate from you. Thank you.
Mayor Burk: Ms. Fox.
Council Member Fox: I was looking through some of the things that the General Assembly said that
this body could do and it looks like investigate. How they investigate? What they have access to in
order to investigate? Do you have any ideas or is it just so broad you don't know?
Chris Spera: All that I can use to answer your question, Ms. Fox is the way this implemented in other
places. For example, in Charlottesville, Charlottesville created an oversight body and they believe
they created three staff positions to help administer all these duties. There was a staff person as I
understood it who was driving to liaise between the Charlottesville Police Department and the
commission.
There were administrative staff that were to help you collect information and if the commission said,
"Please get me these statistics. Get me these reports”, their job was to collect it and prepare it and
share it with the commission. Essentially, there were staff added on the part of the locality to help
facilitate these functions.
Council Member Fox: What does that due to liability issues?
Chris Spera: I honestly can't really say how that weighs in. I suppose that if a civilian investigative
body made a finding that an officer had acted inappropriately that would be a piece of evidence that
could be used in a civil action but it would certainly not be dispositive. I don't think the court would be
bound by such a finding but it would certainly be a piece of evidence that would weigh in some factor
in the course determination.
Council Member Fox: I'm reading there's disciplinary determinations that we would have to so the
State is giving a civilian body all these powers is what they're doing.
Chris Spera: The State is giving the locality the authority to vest the civilian body with these powers.
It's your locality's choice which if any of these powers they choose to give the civilian oversight body.
Council Member Fox: Chief might be better to answer this, how is discipline carried out right now in
our Police Department? I'm just trying to figure out why we're even looking at this.
Greg Brown: We have a very robust discipline matrix that we use that determines the level of
discipline as a result of a sustained violation. They're grouped into categories with the most serious
category being category E which is termination. What I did when I first got here is we formally
announced a really formal process began to address discipline issues not just through the vetting and
oversight of our internal policies but very early on in the process now bringing in human resources
and we actually look over the intricacies of the offense.
Then we brought in the Town Attorney and then we come to a consensus and collective for any
discipline is actually applied, we then present to the Town Manager. A lot of jurisdictions do not do it
that way.
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Item a.
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I started doing this way before police reform became not way before but prior to this most recent
pursuit of a police reform to ensure that officers were getting treated fairly and that the individuals that
were reporting issues to the police department that they were being heard and their assessment of
our service was being fairly reviewed.
That process is probably a little bit more so than most jurisdictions do but I can assure you I put in that
it's a process that I used to use my last agency. That process, I always brag about this, has never put
us in a position where there's been any type of civil litigation or even grievance. Out of the four years
and the multiple disciplinary issues that we've had here in Leesburg, none of them have been grieved.
We have a very, very robust and thorough process that we currently use here to address any type of
police complaints.
Council Member Fox: Would an advisory board be beneficial to you? Would you feel like the
department would benefit from it?
Greg Brown: I look at an advisory board and that gives me an opportunity to educate. I think that is
part of the problem that we as localities and this is not significant to Leesburg but it's because the
public is uneducated in police process and police procedures. Quite honestly they really don't want to
see us until they need us. To be able to have advocates through learning and through familiarization
and so forth and so on, I think is definitely a benefit at this time.
Council Member Fox: Ok, thanks.
Mayor Burk: Thanks. Ms. Nacy.
Council Member Nacy: Thank you. That was going to be one of my questions as well. Councilman
Fox, I appreciate you asking that and then getting it clarified. I think that I weigh on the side of the way
a manager might look at it. If we have an issue with an employee we've hired someone that we trust
to take care of that issue and implement. I agree with the Chief in that if an advisory board is helpful to
him as an educational tool then great, let's look at that.
I would be against how this is written an oversight body that can investigate, that can make
disciplinary determinations. I think we need to rely on the people that we hired and trusted to hire to
carry out those policies and those things and then we should be the oversight body on whether or not
they're doing their job in that capacity.
It is good to hear from the Chief that he thinks an Advisory Commission, maybe something like we
have now with our other Commission's for educational purposes, would be helpful.
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: Yes. Well, thank you. First of all, clearly, the legislation is flawed.
The biggest oversight is the legislation itself, and not allowing the towns that have the ability to review
its own processes, etc. I do think that, if it makes sense, if there is value to having an Advisory
Commission, I think that's fine. I think that would make sense but I think as far as reviewing the
different models. If the legislation is changed next year, I think that that's certainly one of the things
they can look at and there are different models. The models that were listed, there's also the appeals
board. Rather than having direct oversight every single day, there's a process of an internal affairs as
the result is not satisfactory, there are other options. Looking at that is important but obviously, we
don't want to send a group of people on a wild goose chase right now if the legislation is not going to
change in the future. I agree with Council Member Steinberg about getting the opinion of the Attorney
General on where that is just to ensure that and we obviously need to know where the legislation is
headed through our elected officials on the State level.
Mayor Burk: Anymore? No, just Mr. Martinez.
Vice Mayor Martinez: When I brought this up for work session, I specifically said oversight/advisory
commission, because I know the issues we have with the oversight and the fact that there is no way
this Town unless the County implements it on there. We're not going to get an oversight committee
until legislation changes. My hope is that if we need it, we have an Advisory Commission. Now, I'm
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Item a.
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not saying we should go out and implement an advisory commission right now, what I'm asking for, is
to put together a task force or ad hoc committee that looks at the need, if there is a need for an
advisor commission, not just to-- Like the Chief said, "My main goal is to educate the public, and let
them understand what we Town are doing and working with our Police Department." I would like to
see us do a task force to look at the need if we need an Advisory Commission, ways we implement it,
who do we put on it?
That is my main goal, is that we need to look at it and see what do we really need. It could be the task
force that's looking at this may say, "You guys are doing so well. You don't need an advisory
commission. You got everything you need in the current Police Department and the policies." That's
all I'm asking for. I'm not asking for us to implement an oversight committee. I'm not asking us to
implement an advisory committee. What I'm looking for is some group, commission, task force to look
at, do we need to do this and if we do, how do we do it? I'll be honest, right now, if you were to ask me
to implement an Advisory Commission, for the Police Department, I'd probably go to the Police
Department say, "Well, what do you think? What do we need to do?" That's what I'm looking for is the
task force, and part of that task force job would be to educate themselves on the Police Department
and policies, and all the different statistics in crime and with the mitigation issues that the Police
Department implements. That's what I'm looking for.
Chris Spera: You certainly have the authority to do that.
Vice Mayor Martinez: I don't know if the Council is willing to put together a task force but if we do,
then we need to work a session to sit down on how are we going to staff it. How are we going to put
people on it to achieve our goals? Thank you.
Mayor Burk: We had Mr. Steinberg, you have another question?
Council Member Steinberg: Comment.
Mayor Burk: Well, Mr. Steinberg go ahead, do your comment. I'm sorry. I should have let you go first.
Council Member Steinberg: Well, I just want to concur with Vice Mayor Martinez's comments and I
would also like to point out that we are, I feel, extremely fortunate in the quality of the individuals we
currently have running our Leesburg Police Department without question. That may not always be the
case and so I think it would be shortsighted of the Council to not at least explore the idea of having an
Advisory Commission should we at some time face a situation where it is required that we are not
caught short and then have to play catch up. Thank you.
Mayor Burk: All right. Mr. Steinberg made a request that we send a letter to the A.G requesting the
clarification on the legislation. Are there four people that would be interested in that letter? Okay.
Then Mr. Steinberg, Mr. Cummings, Mr. Martinez, Miss Burk and Mr. Bagdasarian. Mr. Martinez,
you're asking for another work session to talk about creating a task force?
Council Member Steinberg: Creating the task force and who do we think should be-
Mayor Burk: The parameters of that task force. All right, are there four people that would be
interested in doing that? Yes, Mr. Bagdasarian.
Council Member Bagdasarian: Just to add that, the parameters, the membership, and also the
charter obviously.
Mayor Burk: All right, are there four people that are interested in doing that? The same group again.
Chris Spera: I will write the letter to the Attorney General and then the Town Manager and I will work
on your second work session.
Mayor Burk: Okay, great. Thank you. I appreciate that. Then that takes us to future Council
meetings. Miss Nacy, do you have any additions to future Council meetings?
Council Member Nacy: No, ma'am.
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Item a.
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Mayor Burk: Mr. Bagdasarian
Council Member Bagdasarian: I've got a list here. Actually, no, nothing. No, we're good. I'm good.
Mayor Burk: [laughs] All right.
Council Member Bagdasarian: I know you were like, "No. Please, please.
Mayor Burk: Mr. Martinez.
Council Member Martinez: When are we going to see the airport commission ad hoc committee's
recommendation?
Mayor Burk: That's at the next meeting.
Council Member Martinez: Is that at the next meeting? Okay.
Kaj Dentler: That's scheduled,
Mayor Burk: Isn’t it the next meeting.
Kaj Dentler: Yes, if you go around, I'll look that up and I'll come back.
Mayor Burk: But it is scheduled.
Council Member Martinez: Okay, yes. I was looking for it and I guess I keep looking at the wrong
place. Thank you.
Mayor Burk: Mr. Cummings? Mr. Steinberg?
Council Member Steinberg: Well, I may but I just don't know where we put them at this point. I'm
going to say, no.
Mayor Burk: Do you have a date?
Kaj Dentler: Yes, May 25th. Public hearing.
Mayor Burk: Miss Fox? All right, do I have a motion to adjourn? Oh, wait a minute. Town Manager,
do you have anything that you want to add at this point, no.
Kaj Dentler: I do not.
Mayor Burk: Okay, motion to adjourn.
Council Member Steinberg: So moved.
Mayor Burk: So moved. Second?
Council Member Bagdasarian: I second.
Mayor Burk: Okay, Mr. Steinberg and seconded by Mr. Bagdasarian. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? Passes. All right, we'll see you all here tomorrow.
38
Item a.
COUNCIL MEETING May 11, 2021
1 | P a g e
Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding.
Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Vice Mayor
Marty Martinez, Kari Nacy, Neil Steinberg and Mayor Kelly Burk.
Council Members Absent: None.
Staff Present: Deputy Town Manager Keith Markel, Town Attorney Christopher Spera,
Chief of Police Greg Brown, Director of Plan Review Bill Ackman, Airport Director Scott
Coffman, Director of Utilities Amy Wyks, Director of Public Works and Capital Projects
Renee LaFollette, Stormwater and Environmental Manager Philip Jones, Preservation
Planner Lauren Murphy and Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Rabbi Chaim Cohen.
3. SALUTE TO THE FLAG was led by Council Member Nacy.
4. ROLL CALL All Council Members present.
5. MINUTES
a. Council Retreat Minutes of April 24, 2021
MOTION 2021-093
On a motion by Council Member Cummings, seconded by Council Member Steinberg,
the minutes of the Council Retreat of April 24, 2021, were moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and
Mayor Burk
Nay: None
Vote: 7-0
b. Work Session Minutes of April 26, 2021
MOTION 2021-094
On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, the
minutes of the Work Session of April 26, 2021, were moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and
Mayor Burk
Nay: None
Vote: 7-0
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c. Regular Session Minutes of April 27, 2021
MOTION 2021-095
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
minutes of the Regular Session of April 27, 2021, were moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and
Mayor Burk
Nay: None
Vote: 7-0
6. ADOPTING THE MEETING AGENDA
MOTION 2021-096
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the meeting agenda
was moved for approval.
Mayor Burk requested item 13.a. – Liberty Street Art Mural Expansion be moved to
section 8 – Consent Agenda. Council Member Fox did not support the request.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg, Vice Mayor Martinez and Mayor
Burk
Nay: None
Vote: 7-0
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. National Military Appreciation Month
Mayor Burk read the proclamation for National Military Appreciation
Month.
b. Mental Health Awareness Month
Mayor Burk read the proclamation for Mental Health Awareness Month.
c. Kids to Parks Day
Mayor Burk read the proclamation for Kids to Parks Day.
d. National Public Works Week
Mayor Burk read the proclamation for National Public Works Week.
e. National Police Week
Mayor Burk read the proclamation for National Police Week.
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f. National Preservation Month
Mayor Burk read the proclamation for National Preservation Month.
9. PRESENTATIONS
a. Board of Architectural Review Annual Report
Board of Architectural Review Chair Terri Minchew noted the Board’s
annual report was in Council’s packet and that she and Preservation Planner Lauren
Murphy were available to answer any question. Council had no questions.
10. REGIONAL COMMISSION REPORTS
a. None.
11. PETITIONERS
The Petitioner's Section was opened at 7:16 p.m.
Lily Wong, 1804 Yellow Garnett Terrace SE. Spoke to Council regarding
the Playful Pack Puppy Day Care Special Exception Public Hearing and expressed
concerns for the dogs’ welfare and applicant’s business operations.
The Petitioner's Section was closed at 7:19 p.m.
12. APPROVAL OF THE CONSENT AGENDA
MOTION 2021-097
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following
consent agenda was proposed:
a. License Agreement between the Town of Leesburg and SummitIG
RESOLUTION 2021-064
Authorizing the Town Manager to Execute a License Agreement between the
Town of Leesburg and SummitIG for Telecommunications Facilities in the
Town’s Right-of-Way
b. Replacement of the Belt Filter Press at the Water Pollution Control Facility
RESOLUTION 2021-065
Approving a Task Order for the Replacement of the Belt Filter Press at the
Water Pollution Control Facility to FJ Industrial in the Amount of
$1,247,695
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c. Battlefield Parkway and Route 15 Bypass Interchange Project – Agreement
with Virginia Department of Transportation
RESOLUTION 2021-066
Authorizing the Town Manager to Execute a Project Services Administration
Agreement with the Virginia Department of Transportation (VDOT) to
Provide Coordination and Review Services for the Development and Approval
of an Interchange Access Report for the Battlefield Parkway/Route 15 Bypass
Interchange Project
d. Police Station Expansion Project – Design Change Order
RESOLUTION 2021-067
Authorizing Change Order No. 5 to the Design Contract for the Police Station
Expansion Project in the Amount of $139,970
e. Contract Award for Fiscal Year 2022 Replacement Vehicles
RESOLUTION 2021-068
Contract Awards for Fiscal Year 2022 Replacement Vehicles to Sheehy Ford
of Richmond in the Amount of $275,065.40, to 72 Hour LLC dba National
Auto Group in the Amount of $459,473.39, and to 72 Hour LLC dba
National Auto Group in the Amount of $426,433.29
f. Appointing Jason Miller to the Economic Development Commission
RESOLUTION 2021-069
Appointing Jason Miller to the Economic Development Commission
The Consent Agenda was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg, and
Mayor Burk
Nay: None
Vote: 7-0
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. Liberty Street Art Mural Expansion
MOTION 2021-098
On a motion by Council Member Bagdasarian, seconded by Mayor Burk, the
following was proposed:
RESOLUTION 2021-070
Liberty Street Art Mural Expansion
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Commission on Public Art (COPA) Chair Donna Torraca briefly
explained the request to Council to extend the previously-approved art mural
on Liberty Street. Council and Ms. Torraca discussed the public art approval
process.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor
Burk
Nay: None
Vote: 6-0-1 (Abstain)
b. Harrison Street Mural
MOTION 2021-099
On a motion by Vice Mayor Martinez, seconded by Council Member
Bagdasarian, the following was proposed:
RESOLUTION 2021-071
Approval of Harrison Street Mural
Commission on Public Art (COPA) Chair Donna Torraca provided a
brief overview of the proposed mural. Council and Ms. Torraca discussed
the mural and the approval process for public art. The artist Mr. James
Garofalo was in attendance to answer questions from Council.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Fox, Nacy
Vote: 5-2
14. PUBLIC HEARINGS
a. TLSE-2020-0003, Village at Leesburg (for the Playful Pack Doggy Day Care)
The Public Hearing was opened at 7:25 p.m.
Mr. Scott Parker presented Council with the request for a Special Exception
at the Village at Leesburg on behalf of the Playful Pack Doggy Day Care. Mr.
Parker and Council discussed the request, the Planning Commission’s denial of the
application, changes that have been made to the application since the Planning
Commission’s Public Hearing and how the day care would be operated.
Mr. Shane Murphy with Reed Smith presented Council with additional
information regarding the site as well as business and operating conditions. Council
asked Mr. Murphy questions that were responded to by Mr. Murphy, Mr. Robert
Lucas with Rappaport and Mr. Tyler Parker who is one of the operators of the
business.
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Public Speakers:
Artie Simcox. Spoke to Council as a business owner in the Village at
Leesburg and stated he personally and professionally supports the special exception
application. Mr. Simcox noted he spoke with a few other business owners at the
Village at Leesburg who also support the application.
Lily Wong, 1804 Yellow Garnett Terrace SE. Spoke to Council regarding
the Playful Pack Puppy Day Care operations and expressed concerns for the dogs’
welfare and access to overnight emergency care when staff is not present.
The public hearing was closed at 8:25 p.m.
MOTION 2021-100
On a motion by Council Member Steinberg, seconded by Council Member Cummings,
the following was proposed:
RESOLUTION 2021-072
Approving Special Exception TLSE-2020-0003, Village at Leesburg (Playful Pack
Doggy Day Care) to Allow a 5,370 Square Foot Doggy Day Care Facility
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg, and Mayor Burk
Nay: Fox, Nacy
Vote: 5-2
b. Public Hearing – Sycolin Cemetery Land Transfer to Loudoun Freedom
Center
The Public Hearing was opened at 8:38 p.m.
Mr. Keith Markel provided an overview of the Sycolin Cemetery property,
the actions taken to convey the land to the Loudoun Freedom Center, the terms of
the draft Memorandum of Agreement, access to the site and Loudoun Freedom
Center’s concerns with site drainage. Council and staff discussed the drainage
issues on the site.
Public Speakers:
Michelle Thomas, President of the NAACP and Founder of the Loudoun
Freedom Center. Spoke to Council about the cemetery’s drainage issues and stated
they were caused by the Town’s lack of care for the property and later actions taken
by the Town to remedy the flooding issues at the burial sites. She asked Council to
reconsider approving the Memorandum of Understanding with an amendment to
install a drainage system to remediate flooding at the burial sites.
The public hearing was closed at 9:03 p.m.
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MOTION
On a motion by Council Member Steinberg, seconded by Council Member Fox, the
following was proposed:
ORDINANCE
Approving and Authorizing the Donation of 1.6314 Acres of Real Property Owned by
the Town of Leesburg Containing the Sycolin Cemetery Located at the Leesburg
Executive Airport to the Loudoun Freedom Center
Council Member Cummings requested a friendly amendment to the motion
to provide a not to exceed amount of $150,000 to the Loudoun Freedom Center to
address the drainage issues not including the $100,000 the Town has already spent
preparing the land transfer and Memorandum of Understanding. The amendment
was not accepted by Council Member Steinberg.
MOTION
On a motion by Council Member Cummings, seconded by Vice Mayor Martinez, the
following was proposed:
To provide a not to exceed amount of $150,000 to the Loudoun Freedom Center as
part of the Sycolin Cemetery Land transfer to mitigate drainage issues
Council and staff discussed the proposed motion.
The motion failed by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez
Nay: Bagdasarian, Nacy, Steinberg and Mayor Burk
Vote: 3-4
Council Member Bagdasarian requested a friendly amendment to the
original motion to include restoring the northern trail to its original state as it is
problematic to the drainage situation. The amendment was accepted by Council
Members Steinberg and Fox.
MOTION 2021-101
On a motion by Council Member Steinberg, seconded by Council Member Fox, the
following was proposed:
ORDINANCE 2021-O-011
Approving and Authorizing the Donation of 1.6314 Acres of Real Property Owned by
the Town of Leesburg Containing the Sycolin Cemetery Located at the Leesburg
Executive Airport to the Loudoun Freedom Center and to restore the northern trail to
its original state as it is problematic to the drainage situation
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The original amended motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg, and
Mayor Burk
Nay: None
Vote: 7-0
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
Vice Mayor Martinez disclosed that he had a phone call with Pastor Michelle
Thomas regarding the Sycolin Cemetery Land Transfer.
Council Member Steinberg disclosed he met with Mr. Don Wooden with Meladon
Company.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk disclosed she met with Mr. Don Wooden with Meladon
Company. Mayor Burk welcomed Heydari Design to their new location at the
Outlet Mall. Mayor Burk congratulated the Academies of Loudoun’s for their
flower sale. Mayor Burk said she was joined by Council Member Cummings at the
ribbon cutting for Crumbl. Mayor Burk said she and Supervisor Umstattd
recognized two businesses for Small Business Week–the Wedding Loft and Ion
Training Center. Mayor Burk welcomed the OM Center on Market Street that is a
new chiropractic and health center. Mayor Burk said she met with Ms. Pam
Schoppert and another individual regarding the Lawson Road project and to discuss
what the Federal funding would mean to the project. Mayor Burk noted she and
Council Member Fox attended the ribbon cutting for Heavenly Ham. Mayor Burk
noted that Council Member Steinberg participated in a baseball field dedication
named in honor of Leesburg’s first Major League Baseball player Mr. Toby Atwell.
19. TOWN MANAGER COMMENTS
a. None.
20. CLOSED SESSION
a. None.
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21. ADJOURNMENT
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting
was adjourned at 9:14 p.m.
__________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
_______________________
Clerk of Council
2021_tcmin0511
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May 11, 2021 – Town Council Meeting
(Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It
may not be entirely accurate. For greater accuracy, we encourage you to review the video of the
meeting that is on the Town’s Web site – www.leesburgva.gov or refer to the approved Council
meeting minutes. Council meeting videos are retained for three calendar years after a meeting
per Library of Virginia Records Retention guidelines.)
Mayor Burk: The May 11th, 2021 Leesburg Town Council meeting. Anyone in the room needs
hearing assistance, please let the Clerk know. Council Member Cummings has asked Rabbi Cohen to
do the invocation tonight and Council Member Nacy will lead the Pledge of Allegiance. Rabbi?
Chaim Cohen: Thank you, Council Member Zack Cummings for this incredible invitation and for this
great honor. Almighty God and God of our ancestors, great mighty and revered. God, we turn to you
in painful times as rockets rain down upon the citizens of Israel. We know your eye is on the land of
Israel from the first day of the year until the last day of the year. We ask that you protect the people of
Israel, shield them from beneath the wings of your kindness, and spread over them the canopy of
peace.
We know that evil cannot reign. As the motto of our great Commonwealth reminds us that all tyranny
and hate will fall. We know that each of us have a responsibility to stand up against hate. As the
[inaudible] taught, "Even in a place of great darkness, yet a small flame can cast a great light." I
invoke your blessing today on this body, the Council of the Town of Leesburg.
We beseech you, O merciful and gracious God, guide our Mayor and all the honorable
representatives of the citizens throughout the Town and country. Grant them the strength and wisdom
to make just laws as you have commanded as one of your seven Noachide laws for all humankind.
Bless their efforts wherever they turn in the cause of humanity and on behalf of the Town and for the
benefit of your people, and cause all war and calamity to be ended in an era of peace and justice with
its blessing to begin for now and for eternity.
I conclude by invoking the following passes recite each Shabbat in services in honor of communal
leaders. For all those who occupied themselves faithfully with communal affairs, may the Holy One
blessed be, He give them their reward, remove from them all sickness, heal their entire body, pardon
their sins and send blessings and success to all their endeavors. Let us all say amen.
All: Amen.
Mayor Burk: Thank you very much for being here tonight. Council Member Nacy.
Council Member Nacy: I pledge of Allegiance.
All: To the flag of the United States of America, and to the republic for which it stands, one nation
under God, indivisible with liberty and justice for all.
Mayor Burk: All right. Let the record reflect that everybody is here tonight and there is no need for a
electronic participation. I have Council Retreat minutes of April 24th, 2021. Do I have a motion to
accept them?
Council Member Cummings: So moved.
Mayor Burk: So moved by Council Member Cummings. Second?
Council Member Steinberg: Second.
Mayor Burk: Council Member Steinberg. All in favor indicate by saying, "Aye."
Council Members: Aye.
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Mayor Burk: Opposed? 7-0. The work session minutes of April 26, 2021. Vice Mayor Martinez
moves. Second?
Council Member Nacy: Second.
Mayor Burk: By Council Member Nacy. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? That passes 7-0. Regular session minutes of April 27th.
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Vice Mayor Martinez. Second?
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? That passes 7-0. I need a motion to adopt the meeting agenda.
Council Member Martinez: So moved.
Mayor Burk: So moved by Council Member Martinez. Seconded by Council Member Fox. I would like
to ask we could move 13A to the consent agenda. Does anybody have any problems if we were to
move to Liberty Street Art Mural Expansion to--
Council Member Fox: [unintelligible]
Mayor Burk: You do? All right. We will leave it off. We have a motion to accept the adopted, the
meeting agenda as is. All in favor indicate by saying, "Aye."
Council Members: Aye.
Mayor Burk: Opposed? That's 7-0. We have a number of presentations tonight. I will read them into
the record. There's nobody to receive them tonight. They will be mailed to the individuals or given to
the individuals representing the proclamation.
The first proclamation is National Military Appreciation Month which is May 21st. "Whereas the
freedom and the security the citizens of the United States enjoy today are a direct result of the
bloodshed and continued vigilance given by the United States armed forces over the history of our
great nation. Whereas due to the sacrifices that such members of the United States armed forces and
the family members that support them, our military has preserved the liberties that have enriched this
nation making it unique in the world community.
Whereas the United States Congress, in 2004, passed a resolution for claiming May as National
Military Appreciation Month calling all Americans to remember those who gave their lives in defense
of freedom and to honor the men and the women of all our armed forces who have served and are
now serving our country together with their families. Whereas the Town of Leesburg military veterans
and current enlisted military personnel have served our residents in this County with loyalty and
patriotism. Therefore, be it proclaimed that the Mayor and the Council of the Town of Leesburg in
Virginia recognize May 21st as National Military Appreciation Month and encourage all residents to
acknowledge and honor the service, sacrifices and contributions of the United States armed forces."
The second one is a proclamation for Mental Health Awareness Month, May 2021. "Whereas there is
a proven connection between good mental health and overall personal health. Whereas mental illness
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affects almost every family in America. Whereas people with mental illness recover if given the
necessary services and support in their communities.
Whereas millions of adults and children are disabled by mental illness every year. Whereas stigma
and fear of discrimination keep many who would benefit from mental health services from seeking
help. Whereas greater public awareness about mental illness can change negative attitudes and
behaviors towards people with mental illness. Therefore, be it proclaimed that the Mayor and the
Council of the Town of Leesburg in Virginia recognize May 21st as Mental Health Awareness Month.
We call upon all residents, businesses, and schools to recommit our community to an increased
awareness and understanding of mental illness, reducing the stigma and discrimination, and
promoting appropriate and accessible services for all people with mental illness. Proclaimed this 11th
day of May 2021."
The next proclamation is for Kids to Park Day. "Whereas Kids to Park Day is a national day of outdoor
play celebrated annually, the third Saturday in May. Whereas 2021 marks the 11th anniversary of the
Kids to Park day, an annual day of outdoor exploration at state, local and national parks and public
lands across the country. Whereas organized by the National Park Trust, the mission of the Kids to
Park Day is to foster future outdoor enthusiasts and help with developing the next generation of park
stewardship, outdoor recreation stem in the history of our country and its amazing national treasures.
Whereas the Kids to Park Day encourages kids and families to get outside and create their own
adventure. Whereas Kids to Park Day is open to all children and adults across the country to
encourage a large and diverse group of participants. Therefore, be it proclaimed the Mayor and the
Council of the Town of Leesburg in Virginia recognize Saturday, May 15th, 2021 as Kids to Park Day,
encourage all of our residents to celebrate by taking children in their lives to one of our Town parks
and to our county, state and national parks." Proclaimed the 11th day of May 2020.
We have National Public Works Week and we're at, this is May 16th to the 22nd. "Whereas Public
Works service provided in our community is an integral part of our citizens' everyday lives and is
designed to protect and enhance our human environment. Whereas the support of an informed and
understanding citizenry is vital to the efficient operations of public works systems and programs.
Whereas the 2021 theme for the National Public Works Week is 'Stronger together' which gives a
voice to the impact of the many facets public work have on our modern civilization.
Whereas the Town of Leesburg Public Works Department performs essential services such as
maintenance of equipment, reviewing of construction drawings, transportation infrastructure,
stormwater management, public buildings, brush and leaf collection, refuge and recycling collection,
street maintenance, and snow removal. Whereas these critical facilities and services cannot be
provided without the dedicated effort of public work professionals, engineers, managers, and
employees.
Therefore, be it proclaimed that the Mayor and the Council of the Town of Leesburg, Virginia hereby
recognize May 16th through the 22nd, 2021 as National Public Work Week, and recognize the
importance of public work employees while paying tribute to them for their substantial contributions to
the quality of life in all hours of the day and all types of weather. Proclaimed this 11th day of May."
We have National Police Week. "Whereas, in 1962, President Kennedy proclaimed May 15th as
National Peace Officers Memorial Day and the calendar in which the May 15th falls as National Police
Week. Whereas the members of law enforcement agencies of the Town of Leesburg work tirelessly to
protect and serve our residents, enforce our laws and keep our neighborhoods, schools and families
safe. Whereas it is important to all citizens to know and understand the duties and responsibility of
their police departments and that members of our departments recognize their duty to serve the
people by safeguarding life and property, protecting them against violence and disorder, and
protecting the innocent against deception and the weak against oppression and intimidation.
Whereas we reflect upon the selfless dedication and bravery of our local, state, and other public
sector police and our safety and well-being is promoted by their devotion to maintaining peace and
security in our communities. Therefore, be it proclaimed that the Mayor and the Council of the Town
of Leesburg in Virginia recognize May 9th to the 16th 2021 as National Peace Week and further extend
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our appreciation to Police Chief Greg Brown and all law enforcement for the vital services they
perform and their exemplary dedication to the community they serve."
Then we have National Preservation Month, "Whereas the Town of Leesburg is rich and historically
significant in diverse architectural and archaeological resources and cultural traditions. Whereas the
Town of Leesburg, recognizing the importance of the protection and preservation of historic and
cultural resources, was the first jurisdiction in Loudoun County to protect such resources by
establishing the old and historic district in 1963.
Whereas the historic preservation is an effective tool for managing growth and sustaining
development, revitalizing neighborhoods, fostering local pride, and maintaining community character
while enhancing livability and celebrating the role of history in our lives. Whereas historic preservation
is an inherently economically, environmentally and socially sustainable, fostering a culture of reuse
and maximizing the life cycle of all resources through conservation. Whereas historic preservation is
relevant for our communities across the nation, both urban and rural, and for Americans of all ages,
all walks of life, and all ethnic backgrounds.
Whereas a Leesburg community has a profound understanding, appreciation, and sense of pride for
the historic and cultural resources of this Town. Therefore, be it proclaimed that the Mayor and the
Council of the Town of Leesburg in Virginia hereby recognized May 21st as National Preservation
Month and call upon the people of Leesburg to join their fellow citizens across the United States in
recognizing in participating in a special observance. Proclaimed the 11th day of May 2021."
Because of the COVID restrictions, we do not have people here to accept them. As I said, we will get
them to the people that they represent. Thank you very much and that does all of our presentations.
All right. That takes us then to the Board of Architectural Review has a presentation. Ms. Minchew.
Terri Minchew: Good evening, everyone. We actually decided to spare you the presentation. I think
you have a copy of the actual annual report from last year in front of you. I'll touch on a few highlights,
Lauren's here if you have any questions. Mostly, I want to say that we were proud that we were able
to meet throughout the pandemic. We managed to make it work. We had a very dedicated team.
Our numbers were hardly any different from the year before which was pretty amazing as far as our
cases, a number of big applications that actually managed to get approved despite the pandemic
including King Street Station, a lot of time spent on the Gateway District Design Guidelines. Mostly, I
just wanted to give you guys an opportunity to ask questions.
Mayor Burk: Okay. Ordinarily, we don't ask questions at this point but you do have nine more
minutes. If there are anybody that has questions.
Terri Minchew: Well, if anything comes up we are more than willing to meet with any of you and
address any concerns you might have or initiatives you'd like to see.
Mayor Burk: All right. Thank you very much. Thank you for all your hard work. You've been doing it
for a lot of years, so thank you. All right. Any regional reports at this point? Okay. That takes us to our
petitioner section.
One of the first orders of business is to hear from the public. All members of the public are welcome to
address the Council on any item, matter, or issue. Please identify yourself and if comfortable doing so
give your address for the taped record. Any public speaker will be requested to state their names and
spell it for the purpose of closed captioning.
In the interest of fairness, we also ask that you observe the five-minute time limit. For those
participating in person or on Webex, the green light on the timer will turn yellow at the end of four
minutes indicating you have one minute remaining. At that time, we would appreciate you summing
up and yielding the floor when the bell indicates your time has expired. For those participating on the
phone, you will hear a bell when your time is up. Under the rules of order adopted by this Council,
five-minute time limit applies to all.
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Council is now able to hear from members of the public remotely. Once we have heard from everyone
that's present in the room, we will hear from the public on the phone. I have nobody who has signed
up for the petitioner section. Do we have anybody that is on Webex at this point?
Eileen Boeing: Madam Mayor, we have two callers on Webex. Callers, I'm going to unmute you one
by one to allow you to speak. When I unmute you, you will hear a tone and that will be your signal to
make your comments. You will each have five minutes. I'm going to start with Lily Wong. Ms. Wong,
as you hear the tone, please make your comments, state your full name and address if you're
comfortable, I'm unmuting you now.
Lily Wong: Thank you. My name is Lily Wong, address is 1804 Yellow Garnett Terrace Southeast
here in Leesburg. I have several questions in regards to the Playful Dog Pack business that wants to
open in the Village. I did listen to the notes in regards to the Planning Commission who voted it down.
My concerns are for the welfare of the dogs. There's no overnight staff that will be at the facility. The
business owner was not able to provide the distance to the emergency vet. I also have concerns
about if they're planning to do any path walks with the dogs, and if so, how many?
Also, the noise adjacent to the Wegmans’ loading dock. There was concern about the dogs creating
the noise. I'm just as concerned about the dogs being affected by the noise of the loading dock. I
believe that such a business should be in a more rural location within Leesburg. I have been a shelter
volunteer for almost a decade so very much aware of welfare for the animals. Thank you.
Mayor Burk: Thank you. There will be a public hearing on that later. Maybe some of those questions
will be answered at that time for you.
Eileen Boeing: Madam Mayor, the next caller is Steve Raglan. Mr. Ragland, I'm going to unmute you
now. Please state your name for the record and your address if you're comfortable. I'm unmuting you
now.
[silence]
Mr. Raglan, do you have any comments you'd like to make?
Mayor Burk: Nope. Okay. I guess Mr. Ragland changed his mind. Okay. Is there anybody else in the
audience at this point that would like to speak during the petitioner section? If not, then I will close the
petitioner section and we will move on to approval of the consent agenda.
Vice Mayor Martinez: So moved.
Mayor Burk: Oh, okay. Thank you, Mr. Martinez. Vice Mayor Martinez made the motion. Seconded
by?
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. I will read them all and then I will ask for the
vote. Approval of the consent agenda which is a license agreement between the Town of Leesburg
and SummitIG, and then a Replacement of the Belt Filter Press at the Water Pollution Facility,
Battlefield Parkway and Route 15 Bypass Interchange Project in Agreement with the Virginia
Department of Transportation. That's to provide Coordination and Review Services for the
Development and Approval of the Interchange Access Report for Battlefield Parkway and Route 15
Bypass Interchange Project.
The Police Station Expansion Project is a Design Change Order. E is a Contract Award for the Fiscal
Year 2022 Replacement Vehicle. The next one is appointing Jason Miller to the Economic
Development Commission. Do we have a motion? Does anybody want any of those removed? All
right, then all in favor indicate by saying, "Aye."
Council Members: Aye.
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Mayor Burk: Opposed? 7-0. All right. That takes us to our resolutions and ordinance. The first one
we have is the Liberty Street Art Mural Expansion. Who is speaking to that one? Anyone? Donna?
Donna Torraca: Good evening everyone. I didn't realize I was speaking so hi. The Liberty Street
Mural is just a continuation of the mural that's already up and almost complete at this point. On one
side it says, 'Flourish', the new side would say, 'Grow'. We're just here to seek your approval for that.
Mayor Burk: It is a neat project. Ms. Fox, you didn't want to [unintelligible].
Council Member Fox: No, I thought you said Harrison Street. I apologize for that. That's not the one
that I was thinking about. I'm sorry about that. The only thing I say, and I'll talk about it with Harrison
Street a little bit more, is sometimes, murals are great additions. I like looking at them, but I just think
we hold some of our historic residents to different standards than we hold ourselves to sometimes
when we talk about art, and sometimes they're ridiculously stringent. I’m one to try and keep that
balance and keep some consistency where we're asking one thing but doing another. With this one,
since it's already started, I'll probably just go ahead and abstain from it.
Mayor Burk: All right. Anyone else have any comments at this point? Okay. Do I have a motion to
accept the Liberty Street art mural expansion?
Council Member Bagdasarian: So moved.
Mayor Burk: Mr. Bagdasarian. Mr. Bagdasarian seconded by, I'll second. All in favor indicate by
saying, "Aye."
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Fox: Abstain.
Mayor Burk: Okay. That's 6-0-1. The Harrison Street Mural. That one, looking for it. Can you explain
that one to us briefly?
Donna Torraca: Sure. The Harrison Street Mural actually has come to you before, it was approved
by you originally for an artist that was going to do more of a floral effect on it. After working with the
artist, we were unable to come to an agreement with the Town and the artist for the project. We put it
back out for a call and I believe we had five different entries that came in. As we always do, we have
an art panel, art advisory panel that reviewed these and came back to us with a recommendation and
then back to COPA. This is what we've chosen to bring to you for approval this evening.
Mayor Burk: Can you tell me which one is that you decided on? I see three but I couldn't figure out
which one you chose.
Donna Torraca: These are all the same. It's just different sections of the wall.
Mayor Burk: Oh, I see.
Donna Torraca: James, is that correct? James Garofalo is the artist.
Mayor Burk: Oh, okay. This is just different parts of it.
James Garofalo: Yes, it’s a very long wall.
Mayor Burk: Yes, it is a long wall. All right. Very interesting. Do I have a motion to approve the
Harrison Street project?
Vice Mayor Martinez: So moved.
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Mayor Burk: So moved by Vice Mayor Martinez. Seconded by Council Member Bagdasarian. All in
favor, indicate by-- or anybody have any questions? All in favor, indicate by saying, "Aye."
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Fox: Nay.
Council Member Nacy: Nay.
Mayor Burk: Okay, so that is 5-2. All right. Thank you. All right. We have a public hearing. In our first
public hearing, I will call to order this May 11th public hearing and Leesburg Town Council. Unless
there is an objection, I will dispense with reading the advertisement. If you wish to speak, we ask that
you either sign up in the sheet in the hallway outside the Council Chamber, but if you did not get the
opportunity to sign up, we will give you the opportunity to speak.
We will also provide remote public participation for callers on the phone or Webex. In all cases,
please identify yourself and if comfortable, giving your address for the taped record, and please spell
your name. In the interest of fairness, we also ask that you observed the five-minute time limit. For
those participating in person and on Webex, the green light in front of you will turn yellow at the end of
four minutes indicating that you have one minute remaining. At that time, we would appreciate your
summing up and yielding the floor when the bell indicates your time has expired. For those
participating on the phone, you will hear a bell when your time has expired.
Under the rules adopted by this Council, the five-minute time limit applies to all. However, rather than
have numerous citizens present remarks on behalf of the Council, the Council will allow a
spokesperson for the group a few extra minutes. In that instance, we would ask the speaker, when
they sign up, to indicate their status as spokesperson, the group they represent, and their request for
additional time.
Our procedure for the public hearing is as follows. First, there is a brief presentation by staff on the
item before us. Second, there will be a brief presentation by the applicant. Third, the member of the
public that has signed up to speak will be called and given five minutes to make their comment. The
public hearing item on the agenda tonight is for TLSE-2020-0003, Village of Leesburg for a Playful
Pack Doggy Daycare. Hello.
Scott Parker: Good evening. Madam Mayor, Members of Council, my name is Scott Parker, Town
staff, Planning Department. So tonight, we're going to the dogs. My shady comments. [crosstalk]
Mayor Burk: You tried that day.
Scott Parker: You know what, I slid that in with Brian Boucher. He's going to help me on that one. As
mentioned, tonight is a special exception, 2020-0003, is at the Village at Leesburg, this is the Playful
Pack Doggy Daycare Center. The subject property is located here in the Village at Leesburg. It is on,
Dodona and Village Market Way right behind the Wegmans. This is a closer shot of where the
location is and the Wegmans loading dock is to the rear of this location. Some apartments associated
with the village of Leesburg is across Dodona Terrace right there.
This is the front of this, and I didn't notice this until today but that's the parking. I took a picture of
there, right there. Some people missed. I just actually noticed that today but that's not the subject of
the request this evening. This is a vacant storefront at the Village at Leesburg. It's approximately,
excuse me, it's approximately 5,320 square feet with inside and outside they’re requesting. This is a
front view from Dodona Terrace looking back towards Route 7 which is approximate to this location.
There is a split zone for the Village of Leesburg. It is zoned PRC and B-4. This is in the B-4 section of
this where Doggy Day Care Center is allowed by special exception. It's mixed-use business district,
the area is in B-4 and the Town Council adopted Ordinance 2020-O-013 on August 11, 2020, that
amended Articles 6, 9, and 18 to establish the use standards and definitions for an overnight doggy
daycare, and to amend the use standards and definition for a cattery.
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We have no catteries for this evening. It's all about the dogs, but this particular location what of the
subject of that particular Zoning Ordinance amendment that the Council passed back in August.
Basically, this application is 4,050 square feet indoors, and it's 1,320 square feet outdoors. We'll get
to that in a moment. The original request that the applicant had was for an aspirational maximum of
100 dogs in the Doggy Day Care with 30% slated for ancillary overnight boarding as customers of the
Doggy Day Care, not for the general public.
There are three designated spaces and a curbside drop-off. The original request has been amended
after the Planning Commission's recommendation for denial. I'll get to that in a moment. These
amended post Planning Commission requests now is for 80 dogs which is reflected in your resolution
of approval. With 30% is now 24 for overnight boarding. There is an exception that's shown on the
resolution. The applicant has asked that for their busiest times, which are designated Federal
holidays, 100 max, 30 overnight which was the subject of the original request.
They have reduced the number of dogs they are requesting to be outside from 25 to 15 permanently
and that includes federal holidays and including Veteran's Day. There is one use standard
modification request with this application. Doggy Day Care is required to be fully in an enclosed
facility. You're asking for a modification for part of that particular use standard in order to allow an
outdoor area of 1,320 square feet behind the facility adjacent to the loading dock to be used for the
dogs to go outside for exercise playtime. The applicant will explain that in more detail with their
presentation.
That gets to one of the petitioner's questions that I heard when I was listening in there about walking
dogs. Dogs will not be walked in the Village of Leesburg. They will have their own defined space in
the back that the applicant will explain a little bit later. I'll show it to you here in a second. There were
some submission waivers, a traffic impact analysis, grading plan, building elevations, lighting plan,
that's because the Village of Leesburg is established which is why the waivers were granted.
This is the timeline of the application that we have. The Planning Commission heard this on April 15th,
2021. They recommended denial of the application 5-1-1. As indicated in your staff report, the three
points that they use to deny the application or recommend denial of it was that the maximum number
of dogs at any given time was excessive. That's what prompted the applicant to reduce the maximum
amount of dogs to 80 as a result of that.
They also contented the use was not appropriate for the proposed location and another issue that the
lady for the petitioners had stated was lack of information on how quickly an animal would receive
medical attention when being boarded overnight. The dogs that are boarded overnight are part of the
canine daycare that's not for the public. They're monitored 24/7 with cameras and somebody that
watches the cameras overnight. The applicant will address that aspect of it too when they come up
and say how they address that based on this information. Now, as I've stated before, the request has
been amended, and that there'll only be 15 dogs outside at any one given time.
The plan land use works for this. This is the location again. This is in the southeast planning area. It's
also in the eastern gateway district, which calls for mixed-use neighborhood. This application does
apply with the Town plan. These are the use standards I was referring to. I will not do a dramatic
reading of these use standards out there. I have them for reference should you want to go over them
again. They comply with all of the use standard save for the modification that I referred to as far as
the allowing the dogs to be outside.
You'll notice with that modification request, there is another part to that use section that is being
addressed within the conditions of approval about the 65 dBA at the property line of 20 feet within the
premise. This applies to the daycare use only. An overnight boarding will not have the dogs be
allowed to go outside. This is the justification for said modification of use standard. The limited use,
it's fully enclosed, there's no adverse impact, small groups, etc. Again, the applicant has reduced the
proposed number of dogs outside at any time from 25 to 15 and staff does recommend approval of
this modification.
This is a graphic image of the outside area that's being referred to for the dogs. I personally as staff,
given the amount of ambient noise over there, don't have any concern with the loading dock from
Wegmans would be affective of the dogs as was alluded to. I will let the applicant in their professional
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opinion address that. Based on what I've heard from ambient noise in the background, staff doesn't
believe that's going to be an issue with dog noise at this location.
As you can see, there's a retaining wall, there's a fence and it's in an isolated location. They propose
to put fences up at either end and put synthetic turf grass down to be cleaned immediately if an
animal goes. Again, the professionalism of the applicant will speak to that further. There is a condition
of approval in your packet that states that upon cessation of the area should cease, the area will be
put back to grass.
One of the considerations the Planning Commission was this synthetic grass was part of the open
space of the Village at Leesburg. This is not part of the formal open space. This is back of house type
of area. The Village at Leesburg, even with the use of this fully exceeds their open space
requirements due to a variety of various areas there including a large open area near the village walk
land-based city.
This is a floor plan that the applicant included with this particular packet, that this is in your packet of
information as well that shows the interior layout and design. I'm sure they'll go over that in detail in a
moment. With the criteria for special exception, this application meets all of the criteria for a special
exception from a staff perspective of reviewing of the staff. There are no outstanding issues. Staff
continues to recommend approval for this application. These are the conditions of approval and you
have those in your packet. These are the findings. With that, that is going to conclude my
presentation. I will be happy to assist you with any questions that you may have.
Mayor Burk: Thank you. Does anybody have anybody have any questions for Mr. Parker? Ms. Fox?
Council Member Fox: Yes, just a couple. Thank you, Mr. Parker. What is the maximum length of
time that the applicant has said that one dog could stay? If I wanted to take my dog there, how long
can I keep the dog there?
Scott Parker: On a particular day?
Council Member Fox: For a particular stay?
Scott Parker: They have hours that they are open. In the conditions of approval, it has the hours that
the facility is allowed to be opened up, it'll be 6:30 AM to 7:30 PM.
Council Member Fox: What about the ones that are staying overnight?
Scott Parker: The ones overnight? I actually do not know how long or how many nights a dog can
stay. I will let the applicant address that. I'm sorry I didn't understand that.
Council Member Fox: Yes. That's what I was after. What's the closest residence to the open area
and to this particular storefront?
Scott Parker: The closest residential to this is-- I will get to that. If you look to the left, I don't think this
pointer will work for everyone, if at all. I will use the pen. I will use the pen. These are rental
apartments right here from the Village of Leesburg. The applicant has done a noise study request for
that and they can address that a little further when they come up as well. These are the closest
residences to the applicant.
Council Member Fox: Okay. Thank you.
Mayor Burk: Mr. Martinez? Oh, are you finished Ms. Fox?
Council Member Fox: Yes.
Mayor Burk: Okay. Mr. Martinez?
Vice Mayor Martinez: Did you say the Planning Commission did not recommend approval?
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Scott Parker: They recommended denial on a vote of 5-1-1.
Vice Mayor Martinez: Okay. Now, we're bringing it forward and you said they've made some
changes. How many of those changes have addressed the Planning Commission's concerns?
Scott Parker: I'm sorry, sir, how many of the changes were directly related to the Planning
Commission denial? One moment, please. The proposed location has not changed, so it doesn't
address that. They felt like the maximum number of dogs allowed in the facility was excessive, so the
applicant has addressed that by lowering that by 20% other than federal holidays which they still
request the same numbers. They also have information to provide on how quickly a sick dog that is
being boarded will be taken care of. Two out of three, sir.
Vice Mayor Martinez: Why were they so concerned about the use not appropriate? Is that what the
special exception is addressing?
Scott Parker: I don't wish to put words into their mouth, but they felt like that the Village of Leesburg
and the mixed-use component thereof was not inappropriate location for this type of a use generally.
That was part of the motion. That was part of the Planning Commission's motion.
Vice Mayor Martinez: In the last one, last concern?
Scott Parker: The last one, the applicant has further information for that that they'll give during their
presentation. It has to do with monitoring of the cameras and that's on-call, etc.
Vice Mayor Martinez: My biggest concern is the fact the Planning Commission denied
recommendation by 5-1-1. Thank you.
Scott Parker: Yes, sir.
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: Thanks, Scott. There were a couple of references to waste disposal in
the staff report. One talked about dumpster and another point was mentioned that Village of Leesburg
would be responsible at least two times a day. How is the waste disposal handled and where does it
wind up?
Scott Parker: There's a pet waste disposal station out in the front that the Village of Leesburg is
going to manage on a regular basis. Then the applicant themselves have standards for when an
animal, for lack of a better term, goes. It’s immediately disinfected. From the way I understand it, the
feces itself, I'll use that word, the feces itself is treated as well and then that is disposed of in a
dumpster location that's used by the applicant. They probably have more detailed specifics about that,
but the waste is handled immediately.
Now, with far as the urine out back goes and in the front, there's a particular synthetic turf grass that
they have out back that has a filtering effect to it. At no time does any of the urine inside or outside
end up in the-- The urine inside ends up in the sanitary sewer system, it does not end up in the storm
drain system.
Council Member Steinberg: It’s interesting. In the exterior area, I saw the drawing for the various
layers. You're saying that all winds up in the sanitary sewer system?
Scott Parker: That is dissipated where it is but there's no sheet runoff to a storm system.
Council Member Steinberg: I want to be sure you're understanding. That area basically, it filters
through these various layers into the ground.
Scott Parker: That is correct.
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Council Member Steinberg: I assume that the same thing would be true for the disinfectant that they
use.
Scott Parker: I will be honest. I don't know if they use disinfectant outside. There's this thing called
Kemsol that they use on the inside. I'll have to let them address that.
Council Member Steinberg: Well, I'll wait for the applicant. Thanks.
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: Thank you, Mr. Parker. I have a few questions about the business
model which I could address with the applicant. Just from your perspective, has there been any
concerns from the adjacent businesses to this specific location?
Scott Parker: I have not received any communication, negative from any of the businesses or
residents, to be honest with you. There was one petitioner at the Planning Commission that was not
necessarily against the application but was questioning, it was a person that owned another similar
type of business in Town.
As far as businesses go, there was another petitioner that was a business at the Village of Leesburg
and said, "Yes, this is a good ancillary use for that." From what I'm understanding, at least from
Rappaport, which is the owners and operators of the center, there's some excitement that this is a
nice ancillary use till the experiential retail that is being provided. This is a newish type of a use that is
becoming more prevalent as retail changes in order to-- I do believe the hair and nail salon has
submitted something saying too that they're really excited about it too, that people can drop off their
pets for whatever time that they want to as they do with their other offerings at the Village.
Council Member Bagdasarian: Thank you.
Scott Parker: Yes, sir.
Madam Mayor Burk: Ms. Nacy.
Council Member Nacy: Just piggybacking off of what Councilman Bagdasarian just said. If the
application is passed, and if there were a noise complaint or an odor complaint, how is that handled?
Scott Parker: The first order of business is Rappaport, the owners and the managers of the
development would probably address that first. It would go to them first. Our noise ordinance for the
Town would still apply in this particular case as well. In the conditions of approval as well, we have-- I
don't want to do a dramatic reading of the conditions either. The odor emission maintenance is in the
condition of approvals, “Odor shall be properly contained, treated before the release in accordance, et
cetera.” That particular condition, if that becomes a continuing problem, they will be in violation of their
special exception. That is a use standard that we incorporated into the conditions of approval just to
double up on that fact so that it would not be an issue for the location.
Council Member Nacy: Thank you. One follow-up question to that. Have the residents and business
owners been notified of this potential application and the potential odor and noise?
Scott Parker: Per our notification standards, which would include a wide radius around, they've been
notified twice. Once for the Planning Commission and once for this public hearing as well. Yes,
notification has gone out.
Council Member Nacy: Thank you.
Mayor Burk: Mr. Cummings.
Council Member Cummings: Thank you. Quick question. Is it State law or is there a Town law that
oversees doggy daycares, kennels?
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Scott Parker: That is an interesting question. I just brought up a second ago that this is a relatively
new use. There is no specific regulations for this use. I don't know if I’d call it necessarily a boutique
use, but most jurisdictions have this as a by-right use. Actually, we're one of the few that have it as a
special exception. It falls vaguely under State requirement for animal grooming and containment of
animals.
There is nothing specific in State law or our ordinances that specifically address this, “This is what
we're doing,” which is actually rather robust for my research of this. As far as another layer, Loudoun
County Animal Control was contacted by the applicant and they've agreed to do an inspection of the
facility and give their opinions on it as well based on their experience as another level. This is not an
inexpensive type of a proposition as well, either shall we say.
Council Member Cummings: There's no regulation on having overnight staff at a kennel or a doggy
daycare?
Scott Parker: There is not. They have 24-hour monitoring that somebody does watch the camera at
all times and that's part of their business model, but I haven't found any regulations regarding that
right. I’m sure-- Well, I'm not going to speak to what I don't know, but I--
Mayor Burk: I do.
Scott Parker: Exactly. We'll just leave it at that.
Council Member Cummings: Thank you.
Mayor Burk: Thank you, Mr. Parker.
Scott Parker: You’re welcome.
Mayor Burk: I appreciate the information. The applicant I assume has a presentation.
[pause]
Shane Murphy: Madam Mayor, Members of the Council, my name is Shane Murphy with Reed Smith
for the applicant. I have with me here today Gary Rappaport who founded the Rappaport Companies,
Henry Fonville and Rob Lucas, who both work with Gary. I also have with us Scott Parker and Tyler
Parker. We did not name Scott after your Scott Parker but--
Mayor Burk: Oh, you should have.
Shane Murphy: It was good naming on our part though. They can certainly answer any questions
that you have. I know that we've got a timeline here so I'll get through this as quickly as I possibly can.
The presentation you have in front of you in hard copy is a little bit different but not too much different,
we added a few things. What you have here is a map of the Village at Leesburg. As you probably
know, it was opened in 2011, it's had some challenges over the years. The original retail concept was
for a fashion center. It didn't really work out that well because the fashion industry is changing and
there are a lot of restaurants and other types of retailers that came in to replace those. Rapaport
Companies was actually brought in by the owner to try to jumpstart the retail, which has been having
challenges ever since the center opened. You can see the Playful Pack location is just adjacent to the
Wegmans, as Scott mentioned it actually shares the back of the house. There is actually an office that
is above it.
As mentioned, we did actually do a noise, both interior and exterior to make sure that, that that interior
office and that the exterior would not have any sort of a noise problems. I will say to you is you look at
the where Leesburg Pike is, those of you familiar with the center, there's a lot of background noise
from Route 7. When you think about noise and you think about exterior noise, interior noise, a lot of
what you're going to hear is that drone from the traffic on Route 7 and so you're not going to hear as
much of the other kinds of noises that you might think of here. Again, just want to go show you some
of the vacancies there that are in the center.
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This Kid's Swim location we proposed to put the doggy daycare in has been vacant for about two
years now. We've been working on this by the way for about two years as well. We first had to get the
Zoning Ordinance changed as many of you may recall and then from there, we actually had to file the
special exception and process the special exception. Overall, it's been about a two-year process for
us. The biggest part of the challenge that we had is the split zoning. For those of you who are new,
and don't remember when it was rezoned because of some density issues and some other related
issues part of the center’s zoned PRC, which is a planned unit district, which means essentially we
could add this as a use, put it in there no problem.
We are in the before B-4 portion, B-4 is one of those more traditional zoning categories. A lot of the
use tables in that area have not been updated as recently as other uses and so that's one of the
reasons that we actually had to go in and put mixed-use in. Again, just talking about those limitations,
go down to the third bullet point, regionally, doggy daycare with overnight boarding is typically a by-
right use. Playful Pack again is the operator here. Playful Pack has a location in Fairfax Station. And
soon to be opening one in McLean, both of those are in our strip shopping centers and were opened
by right so there was no need for a special exception.
Again, just to repeat in 2020, the Town Council did approve a text amendment for the Zoning
Ordinance to allow this as a special exception use. In other words, it's a permitted use in the
ordinance, but it requires an action by the Town Council on a special exception with development
conditions, which we have proposed here, which staff has proposed. Again, doggy daycare is a
rapidly growing industry. Again I think there may be some misunderstanding about kind of how this
works. It's not a traditional boarding kennel. During the day, the dogs will actually be free. Before the
dogs can come to the center they have to make sure that they have good moral character, if you will.
They have to get along with other, all the other dogs, because clearly, they don't want to have issues
and that the owners don't want to have issues.
They don't want to have to be explaining to the owners, "Hey, your dog got nipped by somebody, and
got stitches or something like that." Also, interesting to note, we've talked about State code a little bit.
State code actually does require for these operations that they provide veterinary care. So that is a
requirement of State code. It's kind of a squishy requirement but there is a requirement there, and
there is also in State code, a basic layout of who pays what. In other words, if it's something that just
happens incidental for being there, the owner would pay for it. If there is some negligence on the part
of any groomer or daycare operator, they would pay for those medical expenses. That is set forth in
State code and that is something that they will be doing. Again, the industry is very highly competitive.
What that means is that they have a lot of competition and again, people are very interested, as you
know, are very interested in making sure their dogs are well cared for. The reality is they have to be
very, very good at what they do. They have to provide a good environment for these dogs because
their clients expect it.
Again, this would be the first retail style doggy daycare. Again, there's lots of daycare areas and Old
Mill’s got one that's in a more rural setting. That used to be the way a lot of these went. Some of them
still do but a lot of the more modern ones are going into retail areas. These are sprouting up literally
everywhere. Again, very common in Fairfax and Loudoun, even the Town of Purcellville I think I
mentioned at the last hearing that we originally had a different operator in mind and when they found
out that there was going to be trouble on the zoning front, they actually went to the Town of
Purcellville, opened their location there, and they've actually been operating for the last year or so. I
think Council Members Steinberg I think you had been there to take a look at what the operations
were like.
Again, Playful Pack, they're an established operator. They have locations in Virginia and Maryland.
One already opened a Fairfax Station, another one on the way in McLean. This is their Fairfax Station
location. Again, strip shopping center was opened by right under Fairfax County Zoning Ordinance
This is a little bit of their play area. Again, it's an open concept. They are boarded in cages mostly at
night. The cages, we will show you, they are appropriately sized and again, they are monitored by
staff who are monitoring it remotely. However, staff, they'll do it in a couple of hour shifts. Even though
they're monitored remotely, the manager will actually be within a 10-mile radius of this location. If
there is a problem, they will contact the manager and he will be there within 20 minutes to assess the
pet and it will either be taken to an animal hospital if it's open or to an emergency veterinary hospital
which there is one we have in the Town of Leesburg.
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Again, this is the entrance of the Fairfax Station location. To give you a little sense of what it looks like
in here. Again, they try to be very clean. The dogs do have that they're able to get up and get around.
They're not sitting there in cages all day. During the night, they will board them, but most of these
dogs are actually kennel trained. They feel safer being in a kennel. Another picture, showing some of
the things that they do. These are for the small dogs. These are the overnight boarding facilities for
the small dogs. Again, you can see that there is some size to them. It's not like they're just going to be
sitting there and can't get up, move around. Larger dogs, they do have these for larger dogs. Again,
these are some pictures of our happy clients. They have an Instagram page and the folks who bring
their dogs here typically are going to be long-term customers. They typically don't want to just bring
your dog in here once, go through the whole process of getting acclimated and then just never bring
them again. They really do want to have a clientele that is loyal and that will keep bringing their dogs
back.
Another picture of happy clients. One thing I did forget to mention, I just talk to the Parkers. One of the
things they do is to actually take in animals if the shelter is overcapacity. They do take in some of
those animals. They do take them in sometimes long term. That is something that they have done in
other locations and they intend to do here if it's necessary. Again, when you stay overnight, you get
awake for your slumber party. There's some happy folks. Again, this is the location. If you can imagine
where the location is again, it is adjacent to Wegmans. A floor plan is shown here. There is a large
open area. Again, you can see where some of the kennels would be stacked for overnight stays.
Again, I'll just go through these quickly, but this just shows you that area between the Wegmans and
the back of house here where the outdoor relief area would be. It isn't an industrial area. It wouldn't be
an area where folks would be back doing a lot of except for Wegmans would go down on their trucks,
trash removal, that sort of thing. Again, more pictures just wanted to give you a sense of what this
looked like and this area here.
There is actually back a house for one of the restaurants. The restaurant as you can see has the vent
for their food. Again, you can see right here where they have a loading dock. Again, it's not a place
where we think folks are going to be going a lot. This is the proposed outdoor play area. It gives you a
sense of what it would look like. Again, it will be turfed. They will have the ability to remove the waste.
They'll use the product that you all talked about to remove the waste and it will go into the sanitary as
opposed to the storm system. To give you just a little bit more information about their boarding
services. Not a lot of time left so we're going to go through this as quickly as you can. Just to reiterate
what's happened between now or the time of the Planning Commission hearing and now. We did
reduce the number of dogs that will be in the facility.
Mayor Burk: Sir, I'm sorry.
Shane Murphy: I'm sorry. Go ahead.
Mayor Burk: Your time is up. Could you finish it very quickly, please?
Shane Murphy: Yes. Again, we made those changes reduced by 20%. We have answered all the
questions in writing to you that the Planning Commission did have and we're certainly happy to
answer any questions that you might have about any of those.
Mayor Burk: Okay, thank you. Ms. Fox, you had questions previously.
Council Member Fox: Thanks. Thanks for your presentation. Appreciate it. I do have a few
questions. The first one, of course, is how many consecutive nights will some of the dogs be staying?
Shane Murphy: There is no limit to consecutive nights. Again, we do have some dogs that are
boarded from shelters long term and so they are able to stay in an unlimited capacity. Typically, you're
going to have to stay a couple of days, few days while folks are on vacation.
Council Member Fox: A couple of days, few days while folks are on vacation?
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Shane Murphy: Just depending on what their vacation schedule is. There's no upper limit. Again,
these dogs are comfortable here. They do have to pass a rigorous test to get in here. It's a place
they're comfortable in.
Council Member Fox: Your Fairfax Station, this one is just a little over 4,000 square feet, this
location here in Leesburg. How big is your Fairfax Station location? What is the capacity there as
well?
Shane Murphy: I think it's 2,500. It's a little smaller.
Robert Lucas: 3,000.
Shane Murphy: I'm sorry. 3,000 square feet. They don't have any upward limit on how many dogs
can be in there. I think we've heard them say in surge days, there could be 120 or 130 within that
location. That's typically on a surge day. Just because we say 80, doesn't mean it's going to be 80
every day. It's going to be some days where it's 40, 50. Some days where it is 80. Again, you have
some of those holidays where people really do want to utilize the daycare facilities and you'll have a
higher census there.
Council Member Fox: I took a look at your floor plan and I can't imagine. I'm trying to picture it in my
head because I'm going by house. My house isn't too much smaller square footage-wise, I'm trying to
figure out how to put 100 dogs in there and with kernels and open spaces. I'm seeing small dog open
space and large dog open space. How much of that 40, 50, because I can't read that. How much of
the 40, 50 square feet is that? How much does that give you for kernels? How much room?
Robert Lucas: That's not the picture I want to look at.
Mayor Burk: Excuse me? Could you please step up to the mic?
Robert Lucas: Yes. My name's Robert Lucas. I work for Rappaport. Let me just find this page for you
in the slides. It's roughly 3,200 square feet. Can I walk over there and show you?
Council Member Fox: I've got it here. I just couldn't read it.
Robert Lucas: The large dog area I think is roughly 2,200 square feet, the small dog area is roughly
720 square feet. If you'll see plan north, you've got the pet condos, the hatch, and boxes. Mr. Murphy
can show again, where they stack on top of each other. The smaller dog area for the boarding would
be actually not in the open area, it would be just plain north of that, and that is roughly 200 square
feet. That's where the condos are essentially stacked on top of it. You can see in the bottom right-
hand portion, you can see that there could be stacked up to three tall for the smaller dogs. For the
larger dogs, that was what Mr. Murphy had shown earlier, which is denoted by the hatched area here.
Council Member Fox: Most of it is these areas for them to run around. If you say they're running
around during the day, they need a lot of space, especially if there's inclement weather outside.
Robert Lucas: Correct. The majority of the larger areas that you see here, actually 100% of this area
is attributable to open space, and here I would say probably 90 to 95% because these would be
rather challenging or cumbersome to move. Those would be affixed to the wall.
Council Member Fox: How many staff will you have if there's 100 dogs out of the cages during the
day?
Robert Lucas: Mr. Tyler and Scott Parker are actually owners, so they're going to give a presentation
as well. They'll be able to answer all of your detailed questions as to that. I can just speak to that.
Mayor Burk: Excuse me, did you say someone else was giving a presentation? Pardon me.
Shane Murphy: They will testify during the public hearing.
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Mayor Burk: Okay, testify.
Robert Lucas: Correct. They may be able to get very detailed answers to Ms. Fox's questions or any
of the other folks' questions?
Council Member Fox: All right. I think that is those are my questions. Thank you.
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: Mr. Murphy, I'm sorry, your mask muffled your voice. I just want to just
want to be clear on the system in the rear yard for waste removal, how exactly is that designed to
work?
Shane Murphy: They will actually go and they will pick up the waste.
Council Member Steinberg: Let's talk about liquid waste that filters through.
Shane Murphy: The liquid waste will actually be I think you said it was going to be cleaned with a
chemical and it will go into the sanitary sewer.
Council Member Steinberg: That's what I was trying to--
Robert Lucas: That's not accurate. The way the grass system set up in the back, it's just like if it were
a natural lawn. If the dog were to relieve itself in the yard, it would simply go into the ground. If there
were to be anything that we needed to be cleaned, it would be done with the hose.
Council Member Steinberg: Understood. This is what I'm trying to get at. We have an enclosed area
of some 1,300 square feet being used, presumably over a course of years. I personally am not at all
familiar with the types of soils underneath that area. What we're talking about, basically is the filtering
of urine and the cleaning solution, whatever is being used down into the soil over a long period of
time. I have two concerns. What happens to that area over a long period of time, and what happens in
the event of a really big rainstorm?
Robert Lucas: The detail I don't believe was provided in staff’s report. There's a detail, it's essentially
a permeability detail. It allows just natural rainwater to go down and filter down and makeup of 57 and
essentially sand. 57 is like gravel and sand that would allow it to essentially go down into the earth
like it would in your yard. It's a pretty standard construction detail. In the case that there were to be
any issue with it, it can be removed and replaced.
Council Member Steinberg: I appreciate what you're saying. Quite honestly, in this my comments
later. I'm more or less in favor of the project but this is a much more intense use of a very small area
for this kind of waste, unlike the occasional dog who may pee in your yard. That would be a concern.
Where does this waste infiltrate towards in terms of other types of underground water systems? Is
staff confident that this is a strong enough system to handle the waste so that it doesn't jeopardize
any other types of groundwater or nearby water systems? That would be a question.
Robert Lucas: Dennis and I went over the details together. That would go through essentially plan
review site review before it was approved that they would [unintelligible].
Mayor Burk: Again, if you don't talk into the mic, we can't hear you. Sorry.
Robert Lucas: I've gone over this with Dennis Darnes and that would be addressed in plan review for
permitting of the project. They will look at it but just like a review of a site plan to analyze stormwater
management, that type stuff to ensure that it would not occur. In all my years and work in the Town of
Leesburg, they're very strict on stormwater, cross-contamination pollution. I'm sure if there were any
concerns, they would not approve it and say I'm sorry, you can't do this.
Council Member Steinberg: I appreciate it. I'm just looking for an answer from our Mr. Parker, as I
address this question once before. I just want to be sure we're clear on the concept. That's all.
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Scott Parker: We're clear on the concept and that will be something that our Department of Plan
Review with the site plan for the outdoor issues, we'll be taking a look at. I do not have experience for
that, and there's no regulation about the concentration, the intensity. I did not address that from my
perspective. That is something as far as groundwater infiltration as far as runoff, etc., that will be
looked at at the time of site plan by the Town.
Council Member Steinberg: Thank you. Then to Rappaport one more. I'm going to assume because
I don't want to be here micromanaging business that Rappaport is clear that, they're going to protect
their investment in this project. Should there be any real problems or arising or conflicts between
neighboring tenants that Rappaport would certainly want to be responsible in dealing with those
issues?
Robert Lucas: Correct. They were longtime holders. I know a lot of you spoken to Gary in previous
times discussing this. It's not something we're looking to sell this. We would not put into use that we
do not feel would fit with our mixed-use environment. Additionally, we have I don't know Shane
mentioned it, but a letter of support from Kettler, which is a residential owner and some of the local
businesses we actually anticipated having someone from Wegmans here today, but the gentleman
was able to come. We have talked in length to the adjacent tenancy and the residential of use.
Council Member Steinberg: Thank you. Do I understand we're going to have an opportunity to
actually question the applicant?
Robert Lucas: Yes.
Council Member Steinberg: Is that correct?
Robert Lucas: Correct.
Council Member Steinberg: Thank you.
Shane Murphy: We've also heard from Hammer & Nails salon who is also supporting the project.
Mayor Burk: Again, I think you're making the rules up. You are having individuals who have signed
up to speak but the questions are being asked now. If you have a question you need to ask them
now.
Council Member Steinberg: I have a question for the actual business then.
Tyler Parker: Yes, sir.
Council Member Steinberg: One, what is the area on the other side of that white fence? You've got
a white fence that basically creates your exterior area. I'm just curious what's on the other side of that
white fence in the back?
Tyler Parker: The entire grass area will not be part of our outdoor property or I believe there will still
be some-
Council Member Steinberg: That belongs to another business.
Tyler Parker: -grass area behind. I believe it belongs to Rappaport.
Council Member Steinberg: Out of curiosity, what type of training then do your employees undergo
in order to qualify for this kind of a project?
Tyler Parker: As far as managing dogs and daycare?
Council Member Steinberg: Anything that's involved in the business. Yes.
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Tyler Parker: Yes, sir. There is no formal training required. There's no standards by the State or by
any local cities or ordinances where we operate. We did just open in McLean, two days ago. We also
are in Fairfax Station. Neither of those districts are there any requirements. We're also open in
Annapolis, Maryland, and Gambrills, Maryland. There's no formal training besides training that we
must provide to make sure we have a successful business, to make sure all of our clients are safe
and healthy, which we do ourselves on-site.
Council Member Steinberg: I certainly appreciate you want the clients to be safe and healthy. How
do you satisfy yourself that a given employee is suited for working with animals, specifically dogs?
Tyler Parker: Like many professions, we'd prefer experience, of course, strict applications, and then
thorough training. We also have management staff on-site. We're always overseeing throughout the
day, to work with staff. More importantly, it's the dogs that are accepted, go through the temperament
evaluation, which we conduct to ensure they are sociable dogs it's going to be for the majority of the
time, of course, happy and playful in this atmosphere understandably, they are all animals.
Council Member Steinberg: In emergency situations then do you employ the services of a particular
vet or the emergency vet hospital here in Leesburg? How do you handle those situations?
Tyler Parker: Of course, in any type of emergency situation, we would go to the closest and vet that's
most available by making phone calls in route if needed. We can supply basic veterinary care on-site
which we would. Then if it's something not major, if we see a dog is throwing up too much, contacting
the owner and asking them if they'd like us to transport them to their specific vet. The veterinarian
facility is more comfortable with that dog and can treat that dog best.
Council Member Steinberg: Regarding the 24/7 video surveillance and I saw a similar approach at
the Purcellville facility, who monitors that?
Tyler Parker: Our staff members for our business overall. Therefore, they can monitor multiple
locations at a time. More importantly, the dogs are so active during the day, during the nighttime,
they're mostly sleeping. I don't have personal experience as a professional veterinarian experience. I
was in law enforcement prior to this undertaking. To anticipate an illness or some type of problem with
the dog would take some type of expertise, in my opinion, to be able to diagnose on-site and
something visibly seen can be easily seen.
Council Member Steinberg: Well, I guess I was thinking more in terms of, hours, say from 11:00 PM
to 6:00 AM in the morning, although I assume you open before six, obviously, since you start taking
dogs at 6:30. In the late-night hours, then how are you monitoring 24/7? Who actually--
Tyler Parker: Employees of ours. Not [unintelligible].
Council Member Steinberg: Thank you.
Mayor Burk: Anyone else have a question at this point? Ms. Nacy.
Council Member Nacy: I just have a quick question similar about the nighttime hours. If there is a
dog that doesn't settle and just howls or barks all night long, how is that usually handled? How do you
calm them down if no one's there?
Tyler Parker: There will always be barking in all of our facilities. That’s the nature of the business.
That's why that's handled before we move into the facility, which is done by sound testing through
Polysonics, to put in the protection needed to make sure the decibel level of canines doesn't transfer
through the walls and facilities. Just to reference that we just opened in McLean. Two days ago, we
had an enormous amount of support from the community coming out to welcome us. Our neighboring
tenants are Safeway, and Bank of America. In Fairfax Station, our neighboring tenants are Lanzaro
Dental and Orange Theory Fitness.
Council Member Nacy: Thank you.
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Mayor Burk: Anyone else have a question? Well, I'm not a dog person so I don't know a great deal
about dogs. Eighty dogs in a location at a time seems like an awful lot of dogs to me.
Tyler Parker: Yes, Ma'am. That is a common issue that is brought up a lot on in these hearings that
I've noticed. It's a very transparent number to our customers. If that's not something someone is
comfortable with, then they probably won't be a customer of ours. We also have webcams during the
day, and many people enjoy a lot of dogs there. A lot of time they'll call ahead and ask how many
dogs are there. If there's only 5, 10, 15 playmates, especially when we're just opening business and
numbers are growing, they don't really see the value of dropping their dog off there to be in play in a
large atmosphere.
Mayor Burk: They want 80 dogs.
Tyler Parker: I don't know what everyone's personal preference is, but we're very transparent about
all of our operations. They can always view their dogs in daycare. Therefore, if they're not comfortable
with the amount of dogs in daycare, then they obviously wouldn't be a customer. Thank you.
Mayor Burk: Then I just have to make the comment. At the very beginning of your presentation, you
made a reference a couple of times to the empty spaces and how difficult it's been to have
businesses there, stay there. That's not something that we can consider. That's not part of what we
have to look at. We want the Village to succeed, but that's not a component for this event that we can
take into consideration, just so you understand that. Ms. Fox has--
Council Member Fox: I had some other questions if I may. I know we already went.
Mayor Burk: You have three minutes. Sure.
Council Member Fox: Quick questions. How many kennels within the remaining 850 square feet will
you have for the dogs?
Tyler Parker: Approximately in this area here, the plan is to have 18 kennels.
Council Member Fox: 18. You can have up to 25 overnight guests.
Tyler Parker: Yes, ma'am. A lot of times customers have three dogs, and they'd like the dog to be
lodged together. Two dogs lodged together. Family members prefer the comfort of their dogs being
kept together at night.
Council Member Fox: How did you conduct the noise study? How did you simulate up to 100 dogs?
Tyler Parker: We hired Polysonics. It's not the quantity of dogs that raises the audible level. One dog
can be just as noisy as 50 dogs.
Council Member Fox: They can be louder, too, when it's 50 dogs.
Tyler Parker: Sure. It's done through their scientific methods of the canine decibel level.
Council Member Fox: There they said, this is not a noise factor? This is okay.
Tyler Parker: They did put in the necessary materials needed to bring down at this level and it hasn't
been a factor with the dentists next door or a bank next door, et cetera.
Council Member Fox: Just out of curiosity, why will there not be overnight supervision? I understand
the circuit TV and everything. Why is it that you've decided not to have anybody on site overnight?
Tyler Parker: The majority of these industries that have overnight staff they have cage-free boarding,
where the dogs are free to roam on board. All the dogs are secure in these pretty expensive condos
as we call them. It's our experience in this industry that they're also tired from playing all day.
Therefore, it's more cost-effective to have one person monitor our facilities multiple rather than people
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in each location. Somewhat similar to a security guard, overseeing via close circuit footage rather
than one security guard being in every location.
Council Member Fox: Thank you.
Tyler Parker: Thank you.
Mayor Burk: Thank you, gentlemen. We'll hear from the public now. Our first speaker is Artie Simcox,
followed by Scott Parker.
Artie Simcox: Good evening, everyone. My name is Artie Simcox, and I'm an operator of a business
in the Village called Chefscape. I'm also a doggy lover. I did the Dogtopia thing, and I watched the
cameras. I make my wife crazy doing that sometimes because she's going, "It's only 30 seconds
before they pick that stuff up again." Anyway, from a personal end I really like what these guys do and
I like the Dogtopia thing. I consider it the Mercedes of doggy daycare. From a personal view, that's my
view. From a business, I communicate with Vino Bistro, The Conche, and the coffee shop across the
street and everybody's pretty dog-friendly. We'll have water out. We'll have biscuits out. We believe
that this would be a great addition to the center. We're putting our hats in there. Thank you.
Mayor Burk: Thank you very much. Scott Parker, followed by Tyler Parker.
Scott Parker: They have chosen not to speak.
Mayor Burk: Gary Rappaport.
Gary Rappaport: Good evening. My name is Gary Rappaport. I'm the Chief Executive Officer of
Rappaport. We manage, we lease, we oversee all the marking of the retail activities at the Village of
Leesburg. We're also the majority owner and managing partner of the entity that owns the retail
component of the Village of Leesburg. We've always been long-term owners of our properties that we
have built or acquired or planned. We plan to be long-term owners of the retail component of the
Village of Leesburg as well. We're committed to continue to work and invest our time and our money
toward the stability, the success, and the potential that was envisioned for the Village of Leesburg but
has not yet occurred.
As we all know, the Village of Leesburg was approved by Town Council in 2008 and opened in 2011.
It's 57 acres, it's 1.2 million feet and the retail is the largest component of the Town center. Since its
opening, we've had design constraints. The internet competition from other Town centers and certain
challenges we were asked to come in by the developers of the property in 2013 to help them. We
were founded, our company in 1984. We presently manage, lease, and market over 65 retail
properties in the Washington DC metropolitan area. We purchased the majority interest in the retail
component of the Village of Leesburg in the beginning of 2018. The original concept for the retail
component was a fashion center, called National Retail trends and the internet have made that
concept unworkable.
Today we continue to look for retailers that complement each other and have users that are internet
proof such as the Village of Leesburg, our movie theater, our bowling alley, our trampoline park, and
of course many of our restaurants. Why we're here tonight is to hopefully add a doggy daycare tenant
to a mix of our tenants. Another internet-proof tenant. COVID has created additional challenges for
retail where the market shift was already occurring even prior to COVID. Today we still have several
tenants paying only a percentage of their rent. We have several retail spaces at the Village of
Leesburg that have never been leased.
The Village is split zoning combined with the Town's legacy zoning restrictions that emphasize older
traditional retail uses oppose unique challenges to the success of the Village of Leesburg. Despite
these restrictions, we and I remain committed to the Village's success. A particular concern in the
Village is the former Kid's Swim location. This 4000 square foot retail space that has been vacant for
over two years. One modern use that has surged in the past is this doggy daycare use, which is
usually combined with overnight boarding. They become very common, as you've heard in Fairfax,
Herndon, Vienna, the Town of Purcellville and even the Town of Leesburg.
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The location has a strong interest in doggy daycare providers. We had another doggy care provider
that was supposedly first at the space to not want to go through the process of waiting over two years
and opened up as you know in the Town of Purcellville. We partnered with the Town now for over two
years and having the wording and the ordinance changed based on the original zoning requirements
under the zoning that were under on that side of the property. Really, I think we're quite fortunate that
we have a tenant in Playful Pack that has believed enough in the opening of a new location at the
Village of Leesburg. That they've been willing not to go anywhere else, but the way as we tried to go
through this hopefully special exception success tonight. Approving this application tonight will send a
message that the Town remains a committed partner in the overall success of the Village of
Leesburg. I urge you to permit this use which has enormous support from both the businesses and
the residences from the Village of Leesburg. Thank you.
Mayor Burk: Thank you, Mr. Rappaport. Is there anybody who did not sign up that would like the
opportunity to speak at this point? All right, do we have anybody on WebEx that would like to speak?
Eileen Boeing: Madam Mayor, Ms. Wong is still on the line. Ms. Wong, I'm unmuting you now. You
can make your comments.
Lily Wong: I didn't know if this is the appropriate time to ask any additional questions to the applicant.
Mayor Burk: You have five minutes for your comments.
Lily Wong: Okay, I just still have comments even after hearing the presentation in regards to not
getting an answer for the number of staff members for a hundred dogs. Then also concerns in regards
to the training of the staff and, what happens in those two open spaces. If there is a conflict that
comes across two of the dogs that are staying there, how do you contain all the dogs and separate
them if there are that many of them, and you're only limited I believe it's 18 kennels if you were to
separate those dogs? Again, I still have concerns for the welfare of the dog. Thank you.
Mayor Burk: Anybody else still on the line?
Eileen Boeing: No, ma'am, there's no other callers on the line.
Mayor Burk: All right, then I'm not sure who would answer those questions, but how many staff
people do you, Mr. Parker, do you anticipate how many staff people to take care of 100 dogs?
Tyler Parker: Yes, Madam Mayor in this case for the maximum of 80 dogs, we would have
approximately seven staff members minimum, present in the building.
Mayor Burk: What would you do if you have all those dogs? You have 80 dogs in that open area and
start a fight. How are you going to? I assume all seven can’t be there at the same time. How are you
going to control the dogs?
Tyler Parker: We have tools to alert other staff members that a fight is occurring, communications as
well. In this industry, which is very saturated throughout the country, fights do occur, of course, from
time to time. It's very few and far between due to the temperament evaluations we take into taking in
customers.
Mayor Burk: You do an evaluation of the dog before you take it in?
Tyler Parker: Yes, ma'am
Mayor Burk: Then the question was about training. Do you offer any, you said previously that you do
some training in-house, but you didn't specify. Is it something that you made up? Is it something that
is standard?
Tyler Parker: Those types of training established by certified trainers. We've also had certified
trainers come to our facilities. We do have a bit from those experiences, a standardized handbook
and myself does have over five years of experience in working hands-on with the dogs and learning
by doing.
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Mayor Burk: There's no one else to speak at this point, thank you very much. In that case, I will close
the public hearing. Are there any additional questions at this point?
Council Member Fox: I like the idea of this but I also feel like, this be a great place to drop off a dog
or two, as you're going shopping, but it's not a-- It's daycare. It's not a boarding in my opinion. I'm not
comfortable with the overnight boarding and I’m not comfortable with somebody not being there.
Those are really two huge concerns of mine. We couldn't get away with that in a hotel or anything
that. There needs to be supervision. That is something driving me, that would probably drive my
decision. Thanks.
Mayor Burk: Mr. Cummings
Council Member Cummings: Thank you. Just a quick few comments. I urge us to support this
tonight. I think I've done some phone calling today to other kennels and doggy daycares, none of
which have overnight staff present. This is not abnormal to what's already happening in the Town of
Leesburg. I believe that the applicant has worked to answer the questions that the Planning
Commission put forward in their denial. I think they've done a good job. I think there's a market need
for this. I myself, for my dog, Taylor Sniff, we use some of these doggy daycare facilities in places,
and they've been really helpful and I think it would be a great addition to the Village at Leesburg. I
look forward to bringing Taylor down and having a play date.
Mayor Burk: Mr. Steinberg
Council Member Steinberg: I'll go ahead and make my comments now. Then I'll be willing to offer
the amendment for approval. I spent more than 30 years living out in the rural area of Loudoun
County, south of Bluemont. I understand, the concept of more open space for kennels. We had dogs
out there, we kennel our dogs from time to time, and it was a great environment. I'll also point out that
those kennels are often staffed by far fewer people than this situation seems to anticipate, but this is a
more urban area. We've got a mixed-use development with a residential component, and it seems to
me this is an ideal use and a service for the residents.
In the end, they don't have to get their cars and drive 30 miles to a kennel, they can-- a number of
these people are going to be able to walk basically down the street and drop the dogs off. I'm going to
assume, and I know that owners of pets they're often more cautious about their pets and their kids.
They're not likely to use a situation that they feel is endangering their dogs. I did visit the facility in
Purcellville. It was a wonderful facility, very clean, very open, the dogs are all getting along really well.
Had a similar situation, out and back as a fenced area. I talked to a number of the neighboring
tenants, they loved having it in the neighborhood, so to speak, and they saw it-- Excuse me, as an
asset. Now, I don't take overriding the Planning Commission lightly. I like to support the Planning
Commission's positions for the most part. I believe this is an issue, an application that will well serve
the community and the residents in the community. I will strongly support it. Thanks.
Mayor Burk: Ms. Nacy.
Council Member Nacy: Thank you. I just have a couple of comments. I also have a little bit of
concern about the overnight portion as the Planning Commission did. I definitely understand the
limitations that you're facing with this particular location. I guess my worry is we just had a work
session, talking about potential noise and odor and pre-notification. Just given that there's residences
directly across the street, I have some remaining concerns about both of those things with this
particular location. I just want to make sure that we're thinking about that as well. I think it's great that
we are exploring other kinds of uses in the Villages of Leesburg. I think the daycare portion is great. I
have some concerns about the overnight portion and the noise and odor issue with residences right
across the street. Thank you.
Mayor Burk: Mr. Bagdasarian
Council Member Bagdasarian: Yes. Just to be clear, if based on the split zoning, if this was on the
other side of the street, would this have been approved by right or allowed by right?
Mayor Burk: Mr. Parker.
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Scott Parker: I actually do not know the answer to that question. I focused specifically on the B-4.
There may be a way to get it there but as far as a by right, I do not know the answer.
Shane Murphy: You have to be listed on the plan use list is my understanding is.
Council Member Bagdasarian: Okay, I just wanted to verify that. Obviously, I have concerns also
about the number of playmates that are present in the overnight service. I also understand that this is
a proven model. This is not novel. This is not the first location with a new model that you're targeting
and test marketing. Those are certainly aspects that we have to understand that this is already in
place. I also do support this project.
Mayor Burk: All right. Anyone else. Mr. Martinez. Your microphone is not on.
Vice Mayor Martinez: As Mr. Steinberg said, I have trouble overriding our Planning Commission on
some of their concerns. I know you've reduced the number from 100 to 80. Which is fine. The other
real concern I have is when you have one or two dogs using a hose to wash off-pavement, or grass
and soaking it through may be fine, but when you got anywhere between 40 to 80 dogs having that
opportunity, that's a lot more quantity that needs to have a better look at in my mind. That's something
I wish that you would maybe find a better solution than just washing it off with the hose. One of the
things that the new model is we all talked about years ago was work, play and other stuff in the same
area. When you have that, when you want a model where people can work, they can go out to dinner,
they can all do it within a walking distance.
You're going to have some unusual businesses coming up and taking hold in the community. I'm
surprised there's not a great place for a shoe repair, because people can walk to it, drop off their
shoes, and go to work. I know I'm always looking for a good repair shop, but what I'm trying to say is
that when you look at our live-work-play communities, these are the kinds of things that are going to
be popping up in the community to service that community.
When I say I don't like overturning the Planning Commission's recommendations, I don't take it lightly,
because I do believe that they are looking to help Leesburg the best. I'm going to vote for it. I have my
serious concerns, but I also know the motto I just talked about, the live-work-play motto, there is going
to be some different kinds of businesses cropping up specialized, and it's going to be unusual, and it's
going to be tough for some people to accept. I wish you a lot of luck with your application. I hope that
the sanitary concerns I have, that you take a better look at and try to alleviate our concerns about
that. I talked to Mr. Steinberg about this and his trip to Purcellville, and as was said before, it's a
proven model. I think the first of your kind coming to Wegmans area, and I wish you the best of luck.
Thank you.
Mayor Burk: Okay. The overnight issue, again, I don't know much about dogs, so I reached out and
called the number of the different kennels and things around, and only one of them had overnight
staff. That was the person that owned it and he lived there. Everybody else, no one else had
overnight staff. Some of them didn't even have cameras watching, so, while I was concerned about
that, I then went to multiple people I know who had dogs. Some of them had issues, but the majority
of them did not.
Most of them were very comfortable taking their dogs. They liked the idea of doing it there. Many of
them use kennels and overnight their dogs and don't have an issue with it. So, it was hard for me to
argue that this is a bad idea. As Mr. Bagdasarian said, this is not new. This is something that you've
had in multiple places and other places have done. We have kennels, doggy daycares all over
Leesburg, and so, this is not a new concept.
It is new to have it in a residential area with shopping, but that can be overcome. I think the fact that
the outdoor area is across the street and behind the building is not going to interplay with the
residents that are across the street and at the other building. I don't have an issue with the neighbor
aspect of it. I don't think that will be a problem. I don't like to vote over the Planning Commission. I
value their input.
I think you guys listened to some of what the concerns were and made some changes. Much to the
chagrin of my Planning Commissioner, I will be voting for this. If I could find a reason not to, I would,
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but I've gone through it and I can't find a reason not to. That being the case, I'm going to close this
public hearing-- I already closed it, didn't I? Is there a motion? Does anybody have a motion at this
point?
Council Member Steinberg: Yes, Madam Mayor, I'd like to make a motion to approve resolution
number 2021, a resolution approving special exception TLSE-2020-0003, Village of Leesburg Playful
Pack Doggy Care to Allow a 5,370 Square Foot Doggy Day Care Facility.
Mayor Burk: Okay. Councilmember Steinberg moved it. Is there a second?
Council Member Cummings: Second.
Mayor Burk: Council Member Cummings. Any additional comments at this point? All right. All in
favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed?
Members: Aye.
Mayor Burk: It's 5-2 with Ms. Nacy and Ms. Fox being no’s. All right. Thank you, gentlemen. Okay.
We have another public hearing and our next public hearing, I call to order this May 11th, 2021, public
hearing of the Leesburg Town Council, unless there's an objection, I will dispense with the reading of
the advertisement. If you wish to speak, we ask that you either sign up on the sheet in the hallway
outside of the Council's Chamber, or if you do not get the opportunity to sign up we will give you an
opportunity to speak. We will also provide remote public participation for callers on the phone or on
WebEx.
In all cases, please identify yourself, and if comfortable, give your address for the taped record. In the
interest of fairness, we also ask that you observe the five-minute time limit. For those participating in
person and on WebEx, the green light in front of you will turn yellow at the end of four minutes,
indicating that you have one minute remaining. At that time, we would appreciate your summing up
and yielding the floor when the bell indicates your time has expired.
For those participating on the phone, you will hear a bell when your time has expired. Under the rules
of order adopted by this Council, the five-minute time limit applies to all. However, rather than have
numerous citizens present remarks on behalf of the group, the Council will allow a spokesperson for
the group a few extra minutes. In that instance, we would ask the speaker when they sign up to
indicate their status as spokesperson, the group they represent and their request for additional time.
Our procedure for the public hearing is as follows. First, there's a brief presentation from staff.
Second, the members of the public that have signed up to speak will be called and given five minutes.
The public hearing item for the agenda tonight is the Sycolin Cemetery Land Transfer to the Loudoun
Freedom Center. Mr. Markel.
Keith Markel: Good evening, Madam Mayor, and Council. Very happy to be back here this evening
for one of the last steps in the process of transferring the Sycolin Cemetery to the Loudoun Freedom
Center. This is the public hearing this evening as required by Code to convey the land to an outside
party out of the Town's ownership. To share just a few slides with you to familiarize yourselves and
those watching who may not be familiar with the project just a little background.
The project is to give as a gift 1.6 acres of land, including the Sycolin Cemetery to the Loudoun
Freedom Center. The Loudoun Freedom Center would have fee simple ownership, so they would own
the parcel that is carved out through the subdivision process. The Town has assumed all costs in
creating the parcel for sale and conveying the land. All of the survey work, all of the investigation
archeological work has all been taken care of on the part of the Town. Just to familiarize yourselves
with the site here, you can see this is the plat showing the parcels as exist today. Outlined in green,
these are the lots owned by the Town as part of the Airport property.
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Here in blue is the area that is called out as the cemetery space. There are two distinct burial areas,
and then the space in between, which is connecting those two spaces. This is the area called out on
the plat as the cemetery burial space. What we're proposing is a full conveyance of 1.6 acres. That's
the area in red to be gifted to the Freedom Center. The process as it stands this evening, the
subdivision work has been completed. The County has approved the subdivision as you saw it on that
plat.
The plat is ready for recordation, but it has not been recorded yet, so we're waiting for the public
hearing and for agreement of terms with the Loudoun Freedom Center and the Town. At that point, if
everybody's on board, we'll go ahead and have that plat recorded. That will formally create that new
subdivision. Still needed this evening, the public hearing is required, FAA final approval. They have all
the documents, they have given verbal approval, as the process has moved along.
They've been consenting along the way, but we are awaiting their final approval on all elements of the
land transfer. This land was purchased back in 1990 with Federal dollars so they do have to be a
consenting party to the transfer. Adoption of the ordinance for the land transfer that is before you this
evening. It's your option to adopt this evening. As part of that ordinance, you would be adopting the
Memorandum of Understanding between the Town and the Freedom Center if terms can all be met
between those two parties, as well as approving Council to move forward as a deed of gift and the
draft deed of gift is included in your packet.
The Loudoun Freedom will need to consent to all the documents and sign off as the receiving party. A
little background for the parcels. Again, we purchased this as part of the runway protection zone as
this is the area at the end of the runway is in both ends that provide that additional protection for
aircraft and for folks who may be on the ground. It's meant to be a clear zone, clear of any
development or any congregating areas.
The Town has mowed and maintained the RPZ space since its purchase back in 1990, but not until
2015, thereabouts, that we start getting involved with projects down into the woods, which include
those two burial areas. There you can see called out in those red boxes, the burial areas as they
exist. Here's just a shot, again reminding you of that RPZ space there that red outline is that
protection zone space, so, the Town does keep that clear mowed area.
The parcel history a lot of good history here that's well-documented in the Rivanna report that was
included in your packet. That was part of the cemetery delineation survey. The parcel was part of
Egypt Farm back in the 1860s. The parcels were then purchased by two families that were affiliated
with the Sycolin Baptist Church. The church was established in 1884. The church that you see there
today was constructed in 1899.
The known burials on this site have been documented to have occurred between 1913 and 1954.
There is nothing in historical record that indicates that these were slave cemeteries. As you can see,
we've had a good history of the past number of years with the Loudoun Freedom Center, including
work together with grave identification, site cleanup. You can see the signage that gives you a little bit
of history of the site and cleanup efforts there, and tree and vegetation removal have all taken place.
A great partnership over these past several years maintaining the site. Here, just a few photographs
of the path that leads down into the burial area, and then the fencing that was installed by the Town
around the burial areas to make sure that they were protected and not damaged inadvertently. Here's
a site looking from down towards the creek up towards the path, you can see in the trees up to that
upper field.
The land transfer process has been extensive and the Town has paid for the cemetery delineation
survey, which costs a little over $50,000, the plat and survey work, which has been completed by
Christopher Consultants and then all of the in-house deed research and MOU development by Town
legal staff and land acquisition staff. We have the Memorandum of Understanding in draft form that
was included in your packet.
As I mentioned back in April, the Loudoun Freedom Center has consented to all of the elements of
the MOU, except for some drainage concerns that we'll discuss here in a second. The Loudoun
Freedom Center would be responsible for all maintenance of their site, as it will transfer again in fee
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simple ownership to them, so mowing brush clearing tree maintenance would all fall to the new
owners.
The Town does not object to any future burials on the site that are called out and delineated as the
cemetery area, so long as it meets all State and County requirements. That will be for the Loudoun
Freedom Center to work out with the County and with the State. The Town will provide access across
the Town's parcel because this new lot that will be gifted is landlocked.
Future access will always be across the Town's parcels there. No issues with that. Loudoun Freedom
Center has raised concern over the natural drainage on the site and the cemetery is located down
slope of a steep hill, near a creek. We talked previously about the soil conditions that lead to poor
drainage in this area and the runoff that does come down the hill. There was some concern from the
Freedom Center over the paths leading down to the burial areas and the impact that they have on the
cemetery site itself.
The Town has not modified the typography, and we've not changed any of the grades out there. We
have provided the covering on top of the paths, which is something that could be removed, and that's
something we can discuss here this evening. The parcel is known to currently have springs on the
site. In wet weather there are areas that stay consistently wet throughout the year and a spring
identified on the Rivanna plan as well. We do have engineering staff with us this evening that can
share further details about that with you, if you have specific drainage questions.
We've been out to the site numerous times to take a look to further evaluate site conditions. Just to
recap, the next steps tonight, our public hearing, we need to finalize the Memorandum of
Understanding with the Freedom Center to come to terms on that so that can be adopted. We have
the option for you to approve the ordinance this evening or at a future meeting which would authorize
the Town staff to move forward with all those extra elements, that deed of gift again, and the MOU.
Then once we have FAA final approval, we'll be ready to have that plat recorded and create this new
lot. Then signatures, obviously, from Loudoun Freedom Center. With that, that concludes my
presentation. Happy to answer any questions. Again, we've got staff here, we've got Scott Coffman
with the Airport and Phil Jones doing drainage, and I believe Bill Ackman is over here as well. We've
all been out to the site and have looked at that.
Mayor Burk: All right. Anybody on this side have any questions? Mr. Bagdasarian?
Council Member Bagdasarian: I do have a few questions. Thank you, sir. As an aside, just because
I'm newer on this process here. Aside from the path construction, what other modifications has the
Town made to the actual site?
Keith Markel: No topographic modifications. We've installed the fencing, the simple farm fence, the
metal fence there that you've seen around the burial areas, just to make sure that folks don't
inadvertently enter into the burial areas. Then just the path clearing. There was no grading for the
paths, so no earth was moved, just clearing of vegetation and brambles. Then just back in 2018, we
put that sand gravel mixture on top of the existing dirt surface, which is really the only significant
modification made to the site.
Council Member Bagdasarian: How was the cemetery site access prior to these modifications?
Keith Markel: Just through the woods, it was just natural growth, so the first trip I had out there, we
were walking over logs and through all sorts of brush and briars to get down to there so there was no
path or no discernible trail.
Council Member Bagdasarian: Now, I understand I visited the site several weeks ago, and it's clear
that there's an underground spring, is it possible to completely redirect the consequences of having a
spring on that location based on the physical topography of that location?
Keith Markel: I will turn that over to Phil and Bill. They can answer that more authoritatively than I can
on that.
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Council Member Bagdasarian: Okay, thank you.
Phil Jones: Some of the natural geologic features that are at the site, that being shallow bedrock, will
make it a challenge to isolate specific spring locations. What could be done from an engineering
standpoint, is to provide the water that does reach the surface, some alternate means of getting to the
channel. Those are some options, which I believe were posed previously would be installing ditches
or other ways to divert water around. The first step would be to isolate for sure where all those springs
are in the area because that is a little tricky to nail down.
Council Member Bagdasarian: Can any modifications be made to the existing paths to further divert
water from draining into that area below?
Phil Jones: Sure. There are two paths, one to the north and one to the south. The more northern
path does eventually drain to the cemetery area, the more southern does not. In terms of the more
northern path, there could, in essence, be something put at the base of that hill, potentially, that could
catch some additional water coming off of that path, but the more southern trail does not drain to the
cemetery site.
Council Member Bagdasarian: What impact does the gravel and sand combination have on the
drainage on the pathways?
Phil Jones: Sure, I guess whenever you're converting from what be natural ground cover to gravel,
there is the potential for some additional runoff to be created. Certainly will be minimal in this case,
because sand does promote infiltration into the soil compared to asphalt surfaces, so there's that
potential there.
Council Member Bagdasarian: Okay, thank you.
Mayor Burk: Anyone else at this point have-- Ms. Fox? [crosstalk]
Bill Ackman: I'll just add one thing which Phil just mentioned, is if you remember from our discussion
last night, a lot of it depends on the soil that's underneath. You could have very good vegetation and
those fatty clays that Renee mentioned, as well as bedrock, which would mean it would just flow right
along the surface, so it really depends on what geological structure currently exists underneath that
path.
Council Member Bagdasarian: Do we know what type of geological structure we have under that
path currently?
Bill Ackman: We don't.
Keith Markel: We've done soil analysis.
Phil Jones: We've looked at the Web Soil Survey, which is a Federal database, which categorizes
soil characteristics, it's not specific to like a five-foot by five-foot area, but as a general characteristic
for an area. In this area, it's shown poorly draining soils and shallow bedrock, which would generally
be poorly draining just as an area in general.
Council Member Bagdasarian: I promise this is the last question, with regards to the spring, is that
something that remains consistent? Does it develop over time? Does the form change the direction of
the spring change?
Phil Jones: I think certainly it's not a consistent flow situation, it will tend to pump out more water
after large rain events, and so it is variable from that perspective. I guess without further geologic
analysis, it would be hard to pinpoint exactly what the flow conditions are at this site.
Council Member Bagdasarian: Thank you.
Phil Jones: You're welcome.
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Mayor Burk: Ms. Fox.
Council Member Fox: Thank you. I've got a few questions. Bill, I'm sorry. As the engineer for the
Town, you've been out to the site, you've assessed this, correct?
Bill Ackman: Yes.
Council Member Fox: Okay. You were talking about the northern path and how water is leading into
the graveyard from the northern path. Do you feel like there could be any effective remediation for
that?
Bill Ackman: The best way to remediate it, in my opinion, would be to just put it back to the natural
features that were there, so, in other words, you would take the gravel and sand out and restore it to a
plant material that's consistent with what's out there today. Give it a year or two and nature will just
take it right back to where it was.
Council Member Fox: One of the things that we talked about last time was this underground spring
and that's the thing that I'm stuck on. The last time we spoke about this, we asked you, Keith, whether
or not any remediation would be helpful given the underground spring, and you were not quite hopeful
for that. Can you explain why? Bill, if you have any input that would be great.
Keith Markel: They're the pros, but I think when we were out there, we realized what a wide section
of drainage issues that are there. We went out a day after-- Not a significant rain but maybe a quarter-
inch rain and saw the wet surfaces. Just at the base of the trails, it was no different there, and actually
better there than in some other places in between the two trails that lead down to the burial area.
We know the whole area and the space has major water issues and major water issues after rain
events. The bigger the rain event, obviously the bigger with the water issue. I was down there before
the paths were ever constructed, and there was standing water in the burial shafts, and there were
wet soggy areas throughout. That spring, I've never seen where the defined spring is called out in the
Rivanna report has never been dry. It's always had water in it, not flowing vigorously, but it's always
been a wet standing spring.
We know that it's just a damp area. You could go in and install additional features, but there's no
guarantee that that's going to get you to a level of dryness in a drainage solution out there that may
be desirable by the Freedom Center. Given the sensitivity of the site, the topographic challenges of
the site, I would not recommend the Town going in and making any modifications to the area.
Council Member Fox: Okay. As far as that geologic study that you referenced, is that something if
the Town were to even consider any sort of remediation? Would that study be part of that? How does
that work? The geologic study.
Keith Markel: There's existing soil studies that tells you how the current conditions are on the site,
but then you'd look in, and what we've had Phil do is meet with contractors looking at different
options, and they were presented to you last month about doing a ditch section, a pipe section, a
French drain model, and all various impacts to the site. They could all potentially do some benefit to
the drainage, but there's no guarantee that it's going to solve all the drainage concerns out there. A lot
more study in engineering would have to take place based on what your final level of outcome is that
you're looking for there. How dry do you want that space to be, and how much are you willing to
modify that space.
Council Member Fox: Okay. Thank you.
Mayor Burk: Anyone else at this point? All right. Thank you very much. We have one speaker that's
signed up, Pastor Michelle Thomas.
Michelle Thomas: Good evening. I'm Pastor Michelle Thomas, the founder of the Loudoun Freedom
Center. I'm also the president of the NAACP. I wanted to see if the Town would be amenable, after
hearing some of the reports for the expertise, I stand again shocked that after 32 years of ownership
that you guys have never considered the proper way to preserve this space.
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After 32 years, we're here tonight trying to figure out about the natural spring that flows into the grave.
I have never asked for you to make the ground totally dry. I've never asked for that. I've been there
probably weekly for the last five years, and it's never been dry, and it doesn't need to be dry. What
we're trying to achieve from the Loudoun Freedom Center is the right to memorialize who is buried
there.
We need to install headstones. That is how we memorialize who is buried there. That's how families
and descendants are able to keep track of who's buried there. Once we're gone and we don't have
the story and somebody has lost this report, the descendants will always know where their ancestors
are. We can't install headstones on a floating surface. When we go down, it's not the natural spring.
It's not the fact that it's damp all the time when you go back there.
It is the times that the graves flood and there's only one headstone that's back there. Nothing else will
stay. Nothing else will be installed and stick and stay over a lifetime. When I go visit burial ground, I
depend on verifying where my loved one is buried there. That is why I asked that you would make the
amendment and do the extra work. One, because the Town never did it. If you guys owned this
property for 32 years, at least you could have preserved it properly, and you didn't do that, and you
have to own that. This is a part of preserving it properly. Being able to memorialize who is there. It's
not a matter of keeping it dry. I'm not asking for anybody to go and blow on the grounds every day. I
just want headstones to be able to be installed without floating off into the stream. That's it.
I ask that the Town move tonight to approve the MOU with an amendment to include installing a
drainage system. The drainage system that we installed is a mitigating system. It's not perfect. It's not
going to get a hundred percent of the water away from it. It'll get enough so that the grave and the
headstones won't float. That's all we're asking for. We're not asking for a perfect system. We're asking
for a mitigation system, so we don't have a hundred percent of the runoff water collected on a grade.
There were some newspaper reports, and I want to respond to some of the comments. Some of the
comments were, "Gives me the impression that maybe the Town Council doesn't fully understand
what the ask is." There were some comments in regards to setting some sort of precedent that if you
would do this for the Loudoun Freedom Center, you will set a precedent.
The only precedent that you're going to set is the precedent of equality. This is how to equally install
or preserve a burial ground. There's no precedent to be set. You don't own another cemetery. Doing
the right thing only sets the precedent of the Town can be trusted to do the right thing no matter who
is buried there. I don't think the precedent issue is an issue.
The other thing is in terms of the ground being dry, again, I don't want you to go away from this with
some sort of false understanding that I'm looking for the ground to be fully dry. It's never going to be
dry back there. In fact, African-American burial grounds are not supposed to be dry. There's always a
stream. It's a part of the heritage and the history of African-Americans that when African-Americans
would die, our souls would enter into the stream and there head back to wherever they're from. We
want it to be damp. I'm asking that you help us mitigate this. It is an undue and unfair burden to put
this on the back of the Loudoun Freedom Center. In other words, the descendent community for work
that should have been done to preserve this space properly. I would take any questions that you
probably have tonight, please ask.
Mayor Burk: At this point, we have to check and see if there is anybody on the WebEx that would like
to speak.
Eileen Boeing: Madam Mayor, there are no callers on the WebEx.
Mayor Burk: Okay. There's no callers on the WebEx. Thank you, Pastor Thomas.
Pastor Thomas: Do I answer questions?
Mayor Burk: Not at this point. We will. Unless anybody has a compelling desire to ask a question, we
could break the rules for today, if you like. Yes, Mr. Bagdasarian.
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Council Member Bagdasarian: I have a question for the engineers. Based on Professor Thomas'
comments, obviously, we understand the spring situation, that's part of the topography, and that is
going to be there. That's going to be an issue. It's been an issue for hundreds of years, thousands of
years, for all we know. The question is, is it possible to mitigate the downward flow of water right
along the paths to divert water from further flooding the cemetery space below. I know we visited the
site. There were some ideas that were tossed around about possibilities.
Keith Markel: I'll let the engineers talk. I'm not aware of the flooding that Pastor Michelle is
referencing. We do know that there standing water in the burial depression. Where you have an
individual grave, the ground has settled, and it does create a small pooling effect there, where you
have standing water during wet seasons of the year. That's something that could be modified.
The Loudoun Freedom Center could go in and add dirt and level that off and make that a smooth
surface, like any other modern cemetery where you'd have that just sheet flow off so you wouldn't
have that option for pooling there. It's a matter of preference and historical preservation. Differing
historic preservationists will tell you, leave it in its natural state, the way it occurs. Others will say, it's
fine. If you add in new soil and you smooth that out, that would eliminate that standing water concern.
I think that what they're raising there. As far as an overall flooding impact over there, I have never
witnessed a flooding of that space and have obviously never seen any headstones washing away or
being carried away into the stream or anything to that effect. There's only one modern headstone that
was installed out there. And so that's the only one that we're aware of and that's this fact.
Mayor Burk: All right. Thank you. Being that there's no one else that would like to speak from the
Council Chamber and there's nobody on WebEx, I will close the public hearing. Is there a motion at
this point? Does anybody want to make a motion?
Council Member Steinberg: I will.
Mayor Burk: Yes. Mr. Steinberg?
Council Member Steinberg: Yes, Madam Mayor, I'll move to approve ordinance number 2021. Is
that correct? An ordinance approving and authorizing the donation of 1.6314 acres of real property
owned by the Town of Leesburg containing the Sycolin Cemetery, located at the Leesburg Executive
Airport, to the Loudoun Freedom Center.
Mayor Burk: That is seconded by Council Member Fox. Is there any discussion at this point, Mr.
Cummings?
Council Member Cummings: Yes, Madam Mayor. I would ask the move to amend the MOU to
include work at the cemetery to mitigate some of the water issues that is causing the removal and the
movement of the headstones at the Sycolin Cemetery and ask that to not exceed $150,000.
Mayor Burk: Does that include the $100,000 that we have already put forward on this?
Council Member Cummings: No, in addition to-- [crosstalk]
Mayor Burk: In addition to the $100,000 okay.
Council Member Cummings: Not to exceed 150 for the mitigation.
Mayor Burk: Okay. Do you consider that a friendly amendment? All right. Do you want to bring it up
as amendment on its own?
Council Member Cummings: I would thank you.
Mayor Burk: All right. Is there a second?
Vice Mayor Martinez: Second.
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Mayor Burk: Seconded by Vice Mayor. All right. Any comments at this point? Yes, Mr. Bagdasarian.
Council Member Bagdasarian: I have another amendment.
Mayor Burk: Yes. Okay, give us the amendment. Let's see if it could be friendly or not.
Council Member Bagdasarian: Okay, we'll see. I do support the gifting of the cemetery to the
Loudoun Freedom Center, but I would amend the MOU to address the concerns that were voiced at
the April 13th Town Council meeting, as well as the concerns this evening and focus on enhancing the
drainage system on the paths if it requires removing the gravel to mitigate the drainage issues that
are caused in part by the paths. I would amend to address the paths situation and mitigate the water
drainage by enhancing the drainage system on the paths to divert water from the actual cemetery
site.
Mayor Burk: Okay, let me make sure I understand. Yes?
Keith Markel: I think you're probably going to ask the same question about clarification where we talk
about removal of the gravel surface material or enhancing the surface material so that we change the
contour of the trail or something like that.
Council Member Bagdasarian: Removing the surface material and modifying the contour of the trail
to mitigate the drainage on the trail.
Keith Markel: I think staff would recommend if you remove the trail surface, we would just eliminate
that path and rely on access from the southern path, which does not have any direct flow towards any
burial area. If you had the southern path, you could use that for full access to both burial sites, and
then the northern path, which is in direct alignment with the burial area, which seems to be of concern
to the Freedom Center, remove that gravel surface material and let that go back to its natural forest
state.
Council Member Bagdasarian: Okay.
Mayor Burk: Is that what you were suggesting?
Council Member Bagdasarian: That is and we did review that on-site, and that seemed to be the
cause of the issue.
Mayor Burk: All right. Do you all consider that a friendly amendment?
Council Member Steinberg: Well, I just want to clarify is Councilman Bagdasarian basically offering
to amend to simply remove the existing northern path? That's the amendment-
Council Member Bagdasarian: Correct.
Council Member Steinberg: -or the friendly motion? Yes, I can accept that.
Mayor Burk: It's their motion. They overruled yours. Right now, we're looking at their motion which is
$150,000 for drainage improvements. Plus, what you're suggesting.
Council Member Bagdasarian: Mine is to--
Mayor Burk: Now, you withdraw yours.
Council Member Steinberg: Point of order.
Council Member Bagdasarian: Okay.
Mayor Burk: Yes.
78
Item b.
Page 32| May 11, 2021
Council Member Steinberg: I offered an amendment to approve the MOU. We now have a second
motion to amend the approval. [crosstalk]
Mayor Burk: You did not take it as a friendly amendment-
Council Member Steinberg: It's a separate motion.
Mayor Burk: -so their motion overtakes your motion. They had a first and a second, and so we're
talking about their motion, which is the $150,000.
Council Member Steinberg: For approval of the-- okay. Thank you.
Mayor Burk: If you don't want yours to be attached to theirs, but to hear that, you have to withdraw
yours.
Council Member Bagdasarian: Okay, I withdraw mine.
Mayor Burk: Okay. All in favor-- Any other discussion on this one?
Council Member Fox: Yes. I have a question. Out of curiosity, if we consider this, where will the
funds come from?
Keith Markel: Nothing's been identified yet, so it will come from fund balance. The general fund
reserves.
Council Member Fox: Okay, thanks.
Mayor Burk: All right. We have a motion on the table made by Mr. Cummings, seconded by Mr.
Martinez. All in favor indicate by-- Yes, sir.
Vice Mayor Martinez: Well, I just wanted to mention that as I brought up the last meeting we're here
that I'm not doing this for any organization or any person. I'm doing it for the people buried in the
cemetery and respect to the African-American community and the cemetery's descendants. Those
people, I believe, need to be recognized and we need to do this out of respect.
Mayor Burk: All right. We have a motion and a second. All in favor indicate by saying aye.
Council Member Cummings: Aye.
Vice Mayor Martinez: Aye.
Council Member Fox: Aye.
Mayor Burk: Opposed?
Council Member Steinberg: Nay.
Council Member Nacy: Nay.
Council Member Bagdasarian: Nay.
Mayor Burk: All right. The ayes are Ms. Fox, Mr. Cummings, and Mr. Martinez. The nays are Mr.
Bagdasarian, Ms. Nacy, Mr. Steinberg and Ms. Burk. All right, that takes us back to our original
motion, which is yours and you would like to make an amendment.
Council Member Bagdasarian: That’s correct.
Mayor Burk: -and that amendment was that you would take the trail-
79
Item b.
Page 33| May 11, 2021
Keith Markel: The northern trail-
Mayor Burk: The northern trail and remove the--
Council Member Bagdasarian: Restore to its original state as that is problematic to the drainage
situation.
Mayor Burk: All right. Do you accept that as a friendly amendment?
Council Member Steinberg: I do.
Mayor Burk: All right, who seconded it? You do too? Okay, any discussion on this one? Mr. Martinez,
are you--? No. Okay. Mr. Steinberg? Your light's on. I just wanted-- Okay. All right. So, all in favor of
the motion that Mr. Steinberg has made with the amendment that Mr. Bagdasarian has added, please
say indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That passes unanimously. All right. We have some guidelines here to move
forward and try to help with the cemetery there. Thank you.
Council Member Steinberg: Thank you.
Mayor Burk: That leads us to does anybody have anything for future meetings? All right. Ms. Nacy,
you have any comments?
Council Member Nacy: No.
Mayor Burk: Okay, Mr. Bagdasarian?
Council Member Bagdasarian: No comments. Ms. Fox. Mr. Steinberg.
Council Member Steinberg: No.
Mayor Burk: Mr. Cummings. Mr. Martinez?
Vice Mayor Martinez: No, no real comments. I just wanted to do a disclosure of-- Pastor Michelle did
call me this afternoon and talked about the cemetery. It was just a telephone call and that's really
about it. Y'all have a good two weeks.
Mayor Burk: Okay. Then there's a couple-- I need to disclose that met with Mr. Wooden of Meladon
Company. He does not have an application before us, but he was curious about the application, and I
think Mr. Steinberg would like to make a disclosure too. [crosstalk]
Council Member Steinberg: I forgot that I was there too. Yes, thank you.
Mayor Burk: Okay. On the 29th, we welcomed Heydari Design, which is a new women's company, we
welcome them to Leesburg, and they're located in the outlet mall. Very avant-garde, very exciting new
design. If you get a chance, stop by and see it, it's a great location. I want to congratulate the
Academies of Loudoun's flower sale, they were able to pull it off with social distancing, but they got all
the kids involved. It's a chance to participate with the growing and learning about flowers and selling
off the plants. Let me tell you, they're gorgeous.
I did a ribbon cutting with Mr. Cummings for the cookie Crumbl and if you have not been there, you
better wait a while because the lines are very long. Great location, great family. That's going to be a
wonderful addition. I joined Supervisor Umstattd in recognizing two small businesses during Small
Business Week. We recognize the Wedding Loft and Ion Training Center.
80
Item b.
Page 34| May 11, 2021
Both weathered the pandemic and have come back even stronger. I want to welcome the OM center
on Market Street. It is a chiropractic and health Center, and it's ironically located in the old hospital
building. That, in itself, is fascinating, but it's a really innovative new practice and I welcome them.
What a wonderful family. I had a meeting with Pam Schoppert, a citizen from the Lawson Road
project. David, and I forget David's last name. I have to add it. That was talking about the implications
of the federal government's funding it, and what that would mean.
Held a ribbon-cutting for Heavenly Ham on the eighth. Most people don't realize that they have
sandwiches there and it's a great place. Council Member Fox joined me on that one and what a great
place that was. Council Member Steinberg participated in the dedication of the baseball field to be
named after Toby Atwell. He was the first professional baseball player from Leesburg. We've had
professional baseball players, but they weren't from Leesburg. This gentleman was the first one from
Leesburg.
A group came to me last year and asked if we would dedicate this field. It was the old high school field
by the hospital. I sent the request over to Williams who pointed out that is not a Town field and he
sent it to the County and the County sent it to the School Board. All of them work together and we
were able to dedicate the field. It was a wonderful day, but it was also a great example of the School
Board, the County, and the Town all working together and get something accomplished. Mr. Assistant
Town Manager.
Keith Markel: No comment, Madam Mayor.
Mayor Burk: No comment. Do I have a motion to adjourn?
Vice Mayor Martinez: So moved.
Mayor Burk: Okay, seconded by whom? Mr. Steinberg. All in favor?
Members: Aye.
Mayor Burk: Opposed? We are done.
81
Item b.
PROCLAMATION
Wayne’s Crossing Day
June 5, 2021
WHEREAS, General George Washington ordered Brigadier General Anthony
Wayne and his brigade of Pennsylvania troops into Virginia in spring 1781 to reinforce
Major General Marquis de Lafayette’s army during the Virginia campaign of the
Revolutionary War; and
WHEREAS, General Wayne crossed the Potomac River with his brigade of 700
troops on May 31, 1781 at Noland’s Landing in Loudoun County and marched through
Leesburg on June 3, 1781; and
WHEREAS, General Wayne’s troops provided critical reinforcements for Lafayette’s
army in Virginia, which had been in retreat from the larger British army of General Charles
Cornwallis prior to his arrival; and
WHEREAS, General Wayne, leading the advance forces of Lafayette's army and
augmented by 200 Virginia riflemen, engaged Cornwallis at the Battle of Green Spring on
July 6, 1781 in the largest infantry engagement to occur in Virginia during the war, resulting
in the withdrawal of Cornwallis and his army across the James River into Yorktown where
the war ended a few months later; and
WHEREAS, Wayne’s Crossing was a significant Revolutionary War event in
Loudoun County history, as commemorated by a historical marker at Lucketts Community
Park about 3 miles from where General Wayne’s army crossed the Potomac River; and
WHEREAS, we recognize the Sons of the American Revolution and the Daughters
of the American Revolution for commemorating this event.
THEREFORE, be it PROCLAIMED, that the Mayor and Council of the Town of
Leesburg, Virginia hereby recognize June 5, 2021 as Wayne’s Crossing Day in Leesburg,
Virginia.
PROCLAIMED this 25th day of May, 2021.
____________________________________
Kelly Burk, Mayor
____________________________________
Fernando “Marty” Martinez, Vice Mayor
____________________________________
Ara H. Bagdasarian
____________________________________
Suzanne D. Fox
____________________________________
Zach Cummings
____________________________________
Kari Nacy
____________________________________
Neil Steinberg
82
Item a.
PROCLAMATION
National Gun Violence Awareness Day
June 4, 2021
WHEREAS, every day, more than 100 Americans are killed by gun violence,
alongside more than 230 who are shot and wounded, and on average there are more than
13,000 gun homicides every year; and
WHEREAS, Americans are 25 times more likely to die by gun homicide than people
in other high-income countries; and
WHEREAS, Virginia has 1,019-gun deaths every year, with a rate of 11.7 deaths per
100,000 people, and Virginia has the 34th highest rate of gun deaths in the United States;
and
WHEREAS, gun homicides and assaults are concentrated in cities, with more than
half of all firearm related gun deaths in the nation occurring in 127 cities; and
WHEREAS, cities across the nation, including Leesburg are working to end the
senseless violence with evidence-based solutions; and
WHEREAS, support for the Second Amendment rights of law-abiding citizens goes
hand-in-hand with keeping guns away from people with dangerous histories; and
WHEREAS, gun violence prevention is more important than ever as the COVID-19
pandemic continues to exacerbate gun violence after more than a year of increased gun sales,
increased calls to suicide and domestic violence hotlines, and an increase in city gun
violence; and
WHEREAS, in January 2013, Hadiya Pendleton was tragically shot and killed at age
15; and on June 4, 2021 to recognize the 24th birthday of Hadiya Pendleton (born: June 2,
1997), people across the United States will recognize National Gun Violence Awareness Day
and wear orange in tribute to Hadiya Pendleton and other victims of gun violence, and the
loved ones of those victims.
THEREFORE, be it PROCLAIMED, that the Mayor and Council of the Town of
Leesburg, Virginia hereby recognize the first Friday in June 2021 to be National Gun Violence
Awareness Day in the Town of Leesburg to honor and remember all victims and survivors of
gun violence, and to declare that we as a country must do more to reduce gun violence.
PROCLAIMED this 25th day of May, 2021.
____________________________________
Kelly Burk, Mayor
____________________________________
Fernando “Marty” Martinez, Vice Mayor
____________________________________
Ara H. Bagdasarian
____________________________________
Suzanne D. Fox
____________________________________
Zach Cummings
____________________________________
Kari Nacy
____________________________________
Neil Steinberg
83
Item b.
E N V I R O N M E N T A L
A D V I S O R Y C O M M I S S I O N
2 0 2 0 A N N U A L R E P O R T
84
Item a.
ABOUT THE EAC
acts in an advisory capacity to the Town Council on policies and actions relating
to the environment;
works as a liaison and in partnership with other Town commissions and Town
staff to promote environmental issues; and
raises awareness and community participation through clean-up events, rain
barrel workshops, and other outreach activities.
The Leesburg Environmental Advisory Commission (EAC) consists of seven Town
of Leesburg residents appointed by the Town Council for four-year terms. A Town
Council Liason is also assigned to the Commission.
The EAC
The EAC meets on the first Tuesday of each month at 7:00 pm in the second floor
conference room at Town Hall, located at 25 West Market Street, Leesburg, Va.
CONTACT
Contact the EAC with questions, concerns, and suggestions:
Email: EAC@LeesburgVA.gov
Call: 703-771-2758
Send mail to:
EAC
c/o Richard Klusek, Senior Planner
The Town of Leesburg VA
25 West Market Street
Leesburg, VA 20176
EAC ANNUAL REPORT
2020
PAGE 2
LEESBURG ENVIRONMENTAL ADVISORY COMMISSION
85
Item a.
CHAIRPERSON'S STATEMENT
We’ve had a difficult year in 2020.
The government lockdown in response to COVID-19
has limited what we could do and how we could do it. We
have been forced to stay at home and limit our physical
interactions with others - to telework, to attend classes
remotely, and to hold virtual meetings.
To maintain our sanity and to regain a sense of freedom,
we’ve gone outside. There has been an increased use of our
parks and trails as families go for walks together and
residents try to get some physical activity while the fitness
centers are closed.
Jennifer Chu
CHAIR, LEESBURG EAC
We are fortunate to have many neighborhood pocket parks in Leesburg, as well
as the crown jewel Ida Lee Park and the W&OD trail. The effects of the lockdown
show us just how vital our public open spaces are and the importance of
securing and maintaining additional assets such as Westpark.
At the same time, we must also remember that, even though the economy and
society may be shut down, many environmental problems, like litter, do not
take a break. Pollution, waste generation/disposal, and overconsumption of
resources continue to be issues that need to be addressed at the individual and
community level.
The impressive turnout for the modified Keep Leesburg Beautiful cleanup event
in the fall shows that environmental stewardship and activism do not need to
be put on hold when the government tells us to stay at home.
As we put 2020 behind us and look to a return to normalcy, may we continue to
work stridently towards our individual and collective goals to tackle
environmental issues.
The effects of the lockdown show us just
how vital our public open spaces are and
the importance of securing and maintaining
additional assets such as Westpark.
LEESBURG ENVIRONMENTAL ADVISORY COMMISSION
EAC ANNUAL REPORT
2020
PAGE 3
86
Item a.
EAC ANNUAL REPORT
2020
PAGE 4
LEESBURG ENVIRONMENTAL ADVISORY COMMISSION
OVERVIEW OF 2020
EAC Annual Events
John W. Tolbert Jr. Environmental Achievement Award 2020 - March 2021
Keep Leesburg Beautiful Clean-up Kick-off Event - April 2020 - CANCELED
Leesburg Flower and Garden Festival EAC Booth - April 2020 - CANCELED
Rain Barrel Workshops - April and May 2020 - CANCELED
EAC Initiatives and Accomplishments
Energy Management and Conservation Policy - Adopted June 2019
EAC Environmental Portal Update - ongoing
Strategic Plan Implementation - ongoing
New Activities
Keep Leesburg Beautiful Fall Clean Up Challenge (COVID Version) -
October 2020
87
Item a.
Keep Leesburg Beautiful Fall Challenge
Tolbert Environmental Award
Strategic Plan Implementation
2020 EVENTS AND INITIATIVES
EAC ANNUAL REPORT
2020
PAGE 5
LEESBURG ENVIRONMENTAL ADVISORY COMMISSION
88
Item a.
The Town's 2020 annual spring Keep Leesburg
Beautiful (KLB) clean up event was cancelled
because of COVID-19. The EAC, in collaboration
with the Town's Department of Public Works
and Capital Projects (DPW), offered a Fall Clean
Up Challenge on October 17, 2020.
In previous years, KLB was a month-long
opportunity in April for residents, businesses,
and local groups to come together during
organized community trash clean up and
beautification events. The kick off would be
held at Raflo Park, where volunteers would
assemble to pick up their safety vests, trash
bags, and gloves provided by the Town. They
would then head out along the W&OD trail and
beyond to clean up litter, construction debris,
and other trash.
Instead of assembling at the park, the 2020
Fall KLB Challenge invited Leesburg
residents to choose a location within the
Town and conduct their own trash clean-up
activity on October 17. Participants were
required to register in advance and could
request clean-up supplies from the Town or
use their own.
To avoid unnecessary interaction and
congregation of participants who requested
clean-up materials, a one-way, drive-through
pick-up was set up at the Liberty Street lot
on the morning of the Challenge.
Representatives from DPW and the EAC
handed out supplies, gave instructions on what
to do with the collected garbage, and provided
information on COVID-19 guidelines.
EAC ANNUAL REPORT
2020
PAGE 6
KEEP LEESBURG BEAUTIFUL
2020 FALL CHALLENGE
Participants were also encouraged to
post a selfie with the trash they
collected to either Twitter, Instagram,
or Facebook, with the hashtag
#KeepLeesburgBeautiful.
The Fall Clean Up Challenge turnout
and clean-up effort was impressive –
with a total of 102 residents who
signed up for and participated in
the fall clean-up, according to DPW.
In 2021, the EAC will continue to
participate and promote the KLB
campaign. The Commission will also
explore ways to encourage Leesburg
residents and community groups to
extend their clean up activities
throughout the year.
LEESBURG ENVIRONMENTAL ADVISORY COMMISSION
89
Item a.
LEESBURG ENVIRONMENTAL ADVISORY COMMISSION
During the first quarter of each year, the EAC presents the John W. Tolbert Jr.
Environmental Achievement Award to an individual, community group, business, or
student who conducts or participates in activities that benefit and contribute to the
Town's long-term environmental well-being.
The 2020 Tolbert Environmental Achievement Award recipient is Food Loop, LLC, a
food scrap collection and composting business founded by Leesburg resident Lauren
Gassman.
The EAC recognizes Food Loop, LLC for its grassroots initiative to develop a local
solution for reducing household organic waste going to the landfill. Since November
2019, Food Loop has provided food scrap collection and composting for over 100 Leesburg
and Loudoun County residents and has composted over 10,000 pounds of food scraps.
Food waste makes up more than 20 percent of the trash we generate.* Instead of burying
it at the landfill, food waste can be composted, nature’s way of recycling and returning
nutrients back to the earth. Because not everyone has the space to compost at home,
Food Loop, LLC offers homes and businesses a convenient solution to keep food waste out
of the landfill and turn it into compost.
Ms. Gassman started Food Loop in 2019 due to a lack of local options for composting
as well as a lack of leadership from local government in terms of organic waste diversion.
Food Loop LLC started by collecting food scraps at community drop-off locations, like
farmers markets, and picking up from food scraps from individual homes and businesses.
The collected food scraps are composted locally in small-scale, 3-bin composting systems
or in windrows. Finished compost goes back to the same customers who had dropped off
food scraps, and it can also be purchased by the general public.
Food Loop, LLC also partners with local farms to give them finished compost,
supporting efforts to reduce reliance on fertilizers and improve soil health. This
closes the food loop sustainably – from farm to table and from table to farm.
For more information about Food Loop, visit their website www.foodloopcompost.com
* www.epa.gov/facts-and-figures-about-materials-waste-and-recycling/national-overview-facts-and-figures-materials
2020 TOLBERT ENVIRONMENTAL AWARD
FOOD LOOP, LLC -- FOOD SCRAP COLLECTION & COMPOSTING
EAC ANNUAL REPORT
2020
PAGE 7
90
Item a.
LEESBURG ENVIRONMENTAL ADVISORY COMMISSION
PESTICIDE USE
Promote sustainable practices
in residential landscaping
through educational outreach.
Explore opportunities with the
VA Cooperative Extension to
promote their annual My
Backyard program.
WATER QUALITY
Promote Rain Barrel and other
water conservation/quality
workshops.
Identify opportunities to
support and expand DPW
efforts with storm drain
marking.
Promote existing pet waste
clean-up programs, including
The Poop Pledge.
RECYCLING / WASTE
MANAGEMENT
Work with DPW to offer two
Town-wide litter clean ups, in
the spring and fall of each year.
Continue to support the Town's
efforts to reduce resident
"wishful recycling"
contamination through
outreach and education events.
Identify areas that would benefit
from the addition of public
recycling receptacles within the
Town of Leesburg.
EAC ANNUAL REPORT
2020
PAGE 8
GOING FORWARD - PRIORITY AREAS
ENERGY CONSERVATION
Support the Town's efforts in
pursuing rebates for the
installation of EV charging
stations.
Update and improve the Energy
Management and Conservation
Policy that was adopted by the
Town Manager's office in June
2019, including supporting
revisions to the policy that
emphasize baseline monitoring
and annual reporting.
Work with staff to explore ways
to pursue more aggressive
energy saving initiatives,
including the evaluation of
viable energy savings options
and funding for outside
technical expertise.
91
Item a.
Jennifer Chu, Chair
2020 EAC COMMISSIONERS
LEESBURG ENVIRONMENTAL ADVISORY COMMISSION
Paul Sheaffer, Secretary
Martha Jones
Gabe Kelemen, Vice Chair
Maria Bergheim
Julie Bolthouse
Kohler Brafford
EAC ANNUAL REPORT
2020
PAGE 9
92
Item a.
Date of Council Meeting: May 25, 2021
TOWN OF LEESBURG
TOWN COUNCIL MEETING
Subject: Environmental Advisory Commission 2020 Annual Report
Staff Contact: Richard Klusek, Senior Planner
Council Action Requested: None.
Staff Recommendation: None.
Commission Recommendation: Not applicable.
Fiscal Impact: None.
Work Plan Impact: None.
Executive Summary: Section 2-195 (d) of the Leesburg Town Code specifies that all boards and
commissions shall provide an Annual Report to the Town Council. The work of the Environmental
Advisory Commission (EAC) is summarized in the attached Annual Report.
The EAC held 10 regular meetings and 2 subcommittee meetings in 2020. The EAC also facilitated
a drive through event for a fall Keep Leesburg Beautiful clean-up event. Other highlights included
selection on a John W. Tolbert Award recipient, and continued work on a strategic plan to guide
future EAC efforts.
Background: The Town of Leesburg Environmental Advisory Commission (EAC) is a 7-member
body appointed by the Town Council pursuant to Section 2-222 of the Town Code. The Mission
of the EAC is to promote and protect the environmental interests of the town. The Environmental
Advisory Commission reviews town planning and policy documents as they relate to the
environment, conducts an annual environmental awards program, and advises the town council
on town environmental concerns.
Attachment:
Environmental Advisory Commission 2020 Annual Report
93
Item a.
Date of Council Meeting: May 25, 2021
TOWN OF LEESBURG
TOWN COUNCIL MEETING
Subject: Joint Meeting Request with Board of Supervisors in Fall 2021
Staff Contact: Kaj H. Dentler, Town Manager
Council Action Requested: Authorize the Mayor to send a formal letter to the Chair of the
Loudoun County Board of Supervisors requesting a joint meeting between the Loudoun County
Board of Supervisors and the Leesburg Town Council in the fall of 2021.
Staff Recommendation: None.
Commission Recommendation: Not applicable.
Fiscal Impact: None.
Work Plan Impact: None.
Executive Summary: At the April 24, 2021 Town Council Planning Retreat, Council identified a
goal to meet with the Loudoun County Board of Supervisors in the fall of 2021. No specific topics
of discussion have been established to date.
Council authorized the Mayor to send a similar letter in August 2020 that specifically requested a
standing committee between the Board of Supervisors and the Town Council. See Attachment #2.
Background: As part of the Council’s planning retreat on April 24, 2021, action steps were
developed that included a joint meeting with the Loudoun County Board of Supervisors. Per
protocol, Council traditionally authorizes the Mayor to send a formal letter to the Loudoun County
Board of Supervisors Chair requesting such a meeting on specific topics that the majority of Council
agrees upon in advance of the letter being issued.
Proposed Legislation:
RESOLUTION
Authorize the Mayor to Send a Letter to the Chair of the Loudoun County Board of Supervisors
Requesting a Joint Meeting Between the Loudoun County Board of Supervisors and the Leesburg
Town Council for the Fall of 2021
Draft Motions:
94
Item a.
Authorize Mayor Burk to Send Letter to Board of Supervisors
May 25, 2021
Page 2
1. I move to approve proposed Resolution to authorize the mayor to send a letter to the Chair of
the Loudoun County Board of Supervisors requesting a joint meeting between the Loudoun
County Board of Supervisors and the Leesburg Town Council for the fall of 2021.
2. I move to deny the proposed Resolution to authorize the mayor to send a letter to the Chair of
the Loudoun County Board of Supervisors requesting a joint meeting between the Loudoun
County Board of Supervisors and the Leesburg Town Council for the fall of 2021.
OR
3. I move an alternate motion.
Attachment:
1. Draft resolution
2. August 25, 2020 Letter
95
Item a.
PRESENTED: May 25, 2021
RESOLUTION NO. 2021- ADOPTED: _______________
A RESOLUTION : AUTHORIZE THE MAYOR TO SEND A LETTER TO THE
CHAIR OF THE LOUDOUN COUNTY BOARD OF
SUPERVISORS REQUESTING A JOINT MEETING BETWEEN
THE LOUDOUN COUNTY BOARD OF SUPERVISORS AND
THE LEESBURG TOWN COUNCIL FOR THE FALL OF 2021
WHEREAS, at the Leesburg Town Council Retreat on April 24, 2021, Council
expressed a desire to have a joint meeting with the Loudoun County Board of Supervisors; and
WHEREAS, both the Leesburg Town Council and the Loudoun County Board of
Supervisors recognize the value of open dialog between the two bodies of mutual interest; and
WHEREAS, the Leesburg Town Council is requesting the joint meeting take
place in the fall of 2021 on a mutual date and time that will work for both governing bodies.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
1. Authorize the Mayor to send a letter to the Chair of the Loudoun County Board of
Supervisors requesting a joint meeting in the fall of 2021 with the agenda focusing on
the following items: __________
PASSED this 25 day of May, 2021.
______________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
______________________________
Clerk of Council
96
Item a.
97Item a.
Date of Council Meeting: May 25, 2021
TOWN OF LEESBURG
TOWN COUNCIL MEETING
Subject: License Agreement with Cellco Partnership d/b/a Verizon Wireless
Staff Contact: Christopher Murphy, Senior Planning Project Manager
Christine Newton, Deputy Town Attorney
Council Action Requested: Approval of a License Agreement between the Town of Leesburg and
Cellco Partnership.
Staff Recommendation: Staff supports the proposed License Agreement to authorize Cellco
Partnership use of the Town’s Right-of-Way for telecommunication purposes.
Pending the adoption of a franchise agreement structure as initiated by Council, Staff supports the
continued practice of requiring a license agreement from any telecommunications provider seeking
to use the Town’s right-of-way in this manner. A license agreement or franchise agreement is
necessary to protect the Town’s interests because it requires safe practices by an applicant and use
of quality materials. Further, it sets out provisions for termination and abandonment of the small
cell facilities, as well as indemnification provisions and insurance requirements. Similar to all
previous small cell telecommunications license agreements, the term of the proposed License
Agreement in this matter is five years. Cellco Partnership has indicated an interest in entering into
a franchise agreement with the Town and Staff anticipates the license granted by the proposed
license agreement will become subject to the terms of a later franchise agreement.
Commission Recommendation: Not applicable.
Fiscal Impact: The total fee the Town may legally charge Cellco for installing its “small cell”
antennas on the existing structures in this current application is $650.00 for the zoning permit and
$100 for the right-of-way permit. In 2017, the Virginia General Assembly enacted section 15.2-
2316.4 of the Virginia Code, which places a limitation on the fee a locality may charge for
processing a “small cell” application.
Work Plan Impact: None. Processing telecommunication license agreements is part of the core
work of the Department of Planning and Zoning, Department of Public Works, and the Town
Attorney’s Office.
Executive Summary: Cellco Partnership, a Delaware general partnership d/b/a Verizon Wireless
seeks to replace existing wooden electric utility distribution poles and street light poles owned and
operated by Dominion Energy Virginia with new larger diameter and taller wooden utility poles,
or street light poles, and install small cell facilities on those poles, which are located in the Town’s
right-of-way at eight (8) locations. The application submitted warrants issuance of a zoning permit
pursuant to current law.
98
Item b.
License Agreement between the Town and Cellco Partnership
May 25, 2021
Page 2
Background: In April 2017, the Virginia General Assembly enacted new laws favoring the
telecommunications industry that provide a more uniform procedure for the way in which small
cell facilities on existing structures are approved by localities and installed in the public rights-of-
way. Specifically, the Virginia Code was amended to require localities to permit applications for
“small cell facilities” installed by wireless service providers or wireless infrastructure providers on
existing structures. This requirement is housed in Va. Code §§ 15.2-2316.4, et seq., and 56- 484.27,
et seq.
Small cell facilities are those wireless facilities that are no more than six cubic feet in volume, which
are installed or mounted on existing structures such as buildings, utility poles, or monopoles. This
is different than the fiber optic cable installed beneath or above the Town’s right-of-way for which
the Town has entered into many license agreements.
Small cell facilities, under the April 2017 legislation, are part of the deployment of new technological
advances in wireless telecommunications. In those geographic areas with larger populations that
put higher demands on the wireless network, these small cell systems help to disperse the numbers
of calls into more manageable pieces by localizing calls away from macro telecommunications
networks. In those areas with connectivity challenges posed by topographic characteristics, a small
cell deployment can help to fill the gaps in the overall network to maintain call connectivity.
Because of the small size of the antenna involved in a small cell deployment and the low power
involved, the range of these types of antenna is not far. Thus, small cell deployments involve many
antenna within close proximity of each other. In the case of small cell facilities, the applicant must
file an application for a zoning permit. The current state law requires Town approval of this type
of application within 60 days of the submission of a complete application, and prohibits any special
exception requirement. Further, the current law prohibits denial of these applications unless
specifically-prescribed criteria are met. Generally, appropriate bases for denial revolve around
public safety issues.
The current law also prohibits the Town from imposing any fee other than a right-of-way permit fee
(currently $100) and zoning permit fee, the amount of which is set by state code not to exceed $100
for each application for up to five small cell facilities with $50 for each additional small cell facility.
With this application, Cellco seeks to replace existing wooden utility poles and existing street light
poles with ones that are larger in height and diameter. The size of the replacement poles falls within
the permitted parameters of the state code and the Town’s Zoning Ordinance. Cellco will then
install its small cell facilities on those poles in eight (8) different locations that are depicted on
Exhibit A. Cellco has gained permission from Dominion Energy Virginia to replace and use the
poles. Based on the application submitted, there is no basis for denial of a zoning permit under
current law.
99
Item b.
License Agreement between the Town and Cellco Partnership
May 25, 2021
Page 3
Proposed Legislation:
RESOLUTION
Authorizing the Town Manager to Execute a License Agreement Between The Town of Leesburg
and Cellco Partnership d/b/a Verizon Wireless for Small Cell Wireless Telecommunications
Facilities in the Town’s Right-Of-Way
Draft Motions:
1. I move to approve the proposed Resolution.
2. I move to deny the proposed Resolution.
OR
3. I move an alternate motion.
Attachments:
1. Draft Resolution
2. License Agreement with Exhibit A
100
Item b.
PRESENTED: __May 25, 2021__
RESOLUTION NO. 2021-______ ADOPTED: _______________
A RESOLUTION : AUTHORIZING THE TOWN MANAGER TO EXECUTE A
LICENSE AGREEMENT BETWEEN THE TOWN OF
LEESBURG AND CELLCO PARTNERSHIP D/B/A VERIZON
WIRELESS FOR SMALL CELL WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE TOWN’S
RIGHT-OF-WAY
WHEREAS, Cellco Partnership d/b/a Verizon Wireless (Cellco) is a wireless
communications provider that seeks to use the Town’s Right-of-Way for wireless
telecommunications purposes; and
WHEREAS, , Cellco seeks to replace existing electric distribution poles, and existing
streetlight poles owned and operated by Dominion Energy Virginia, and install small cell
telecommunication facilities (“facilities”) on those poles at eight locations within in the Town’s
Right-of-Way; and
WHEREAS, Cellco submitted applications for zoning permits for its facilities, in
accordance with Virginia Code § 15.2-2316.3, et seq.; and
WHEREAS, Virginia Code § 15.2-2316.3, et seq., prohibits a locality from requiring a
special exception application for the approval of small cell facilities; and
WHEREAS, Virginia Code § 15.2-2316.3, et seq., prohibits denial of small cell facility
applications except in very limited circumstances; and
WHEREAS, Cellco’s zoning permit application is acceptable under the Virginia Code;
and
101
Item b.
A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A
LICENSE AGREEMENT BETWEEN THE TOWN OF LEESBURG
AND CELLCO PARTNERSHIP FOR SMALL CELL WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE TOWN’S
RIGHT-OF-WAY
-2-
WHEREAS, a license agreement is necessary to allow the installation, operation and
maintenance of Cellco’s facilities, with such installation, operation and maintenance not
adversely affecting Town-owned Rights-of-Way; and
WHEREAS, a license agreement will protect the Town’s interests because it requires
safe practices and the use of quality materials, and contains insurance and indemnification
requirements; and
WHEREAS, the term of the license agreement with Cellco is five (5) years; and
WHEREAS, the terms contained in the license agreement are reasonable and equitable.
THEREFORE RESOLVED, by the Council of the Town of Leesburg in Virginia that
the Town Manager is authorized to execute a license agreement with Cellco for use of the
Town’s Right-of-Way, in a form approved by the Town Attorney
PASSED this 25th day of May, 2021.
______________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
______________________________
Clerk of Council
102
Item b.
TOWN OF LEESBURG, VIRGINIA LICENSE AGREEMENT FOR WIRELESS TELECOMMUNICATION FACILITIES (QUALIFYING UNDER VA. CODE §§ 15.2-2316.3 et seq; 56-484.26 et seq.) THIS LICENSE AGREEMENT (“License”), made and entered into this ________ day of ________________, 20__, by and between CELLCO PARTNERSHIP, a Delaware general
partnership, d/b/a Verizon Wireless (the “Provider”), having an office at One Verizon Way, Mail
Stop 4AW100, Basking Ridge, New Jersey 07920, and the TOWN OF LEESBURG, VIRGINIA, a municipal corporation (“Town”), (the Provider and the Town being collectively referred to as the “Parties”).
RECITALS
R-1. Provider seeks to install, maintain, and/or use telecommunication cable, equipment, antennas, ancillary and related structures, accessories and improvements (the “Facilities”) in public rights-of-way owned or otherwise controlled by the Town (the “Public Rights-of-Way”).
R-2. Provider seeks to install, maintain, and use Facilities that meet the definition of “small cell facility” under Virginia Code §§ 15.2-2316.3; 56-484.26, or that are determined by the Town (in the Town’s sole discretion) to be a “small cell facility” for purposes of this License.
R-3. Provider also anticipates submitting requests to install additional wireless equipment in the
Public Rights-of-Way. R-4. To accommodate such subsequent requests, Provider and the Town anticipate that the Licensee shall apply for a franchise authorizing the Licensee to install additional facilities in and
use the Public Rights-of-Way for a period greater than five years (the “Future Franchise”).
R-5. Upon issuance of any Future Franchise, Provider and Town anticipate that this License will terminate and all existing Facilities of Provider in the Public Rights-of-Way will become subject to that Future Franchise.
TERMS The Town hereby grants a license to use public rights-of-way within the Town’s boundaries to Provider on these terms:
1. Term. The Term of this License shall be five (5) years from the date hereof. Absent the issuance of a Future Franchise before the end of the Term, after the initial term, the parties will each use good-faith efforts to enter into a new License on substantially the same terms as those set forth in this License for no additional consideration, provided however, that
the provisions of Section 6(e) hereof shall control in the event of issuance of a Future
Franchise. 2. Fee. Provider shall pay the Town, as fair and reasonable compensation for the license review and inspection and the use of the public rights-of-way owned and maintained by
the Town, a one-time fee of Six Hundred Fifty Dollars ($650.00) for the zoning permits in
103
Item b.
2
connection with Exhibit A pursuant to Va. Code § 15.2-2316.4(B)(2) plus a one-time fee of One Hundred Dollars ($100.00) for a Town right-of-way permit pursuant to Va. Code § 56-484.29(B); Leesburg Town Code § 30-2. These one-time fees shall cover all of the
Facilities included on Exhibit A for this License only. Provider shall pay these fees to the Town of Leesburg at the time it files its plans associated with the zoning permit application with the Town’s Department of Planning and Zoning, and the right-of-way permit application with the Town’s Department of Public Works and Capital Projects, under this License. Provider agrees and understands that it shall not conduct any installation of its
Facilities until all such fees are paid to the Town. 3. Location; Access. This License is for use of property located in public rights-of-way owned or otherwise controlled by the Town, in accordance with the drawings or plans approved by the Town (subject to applicable law and the second paragraph of this Section
3), at locations attached hereto as Exhibit A (the “Map”). Town approval for any of the Facilities set forth on Exhibit A shall be granted by the issuance of a zoning permit. Upon receipt of the zoning permit and right-of-way permit, Provider may use the Town right-of-way to install, maintain, operate, repair, modify, replace, and/or remove from time to time certain Facilities used for the purpose of providing communications services. Provider
shall not deviate from those drawings or plans without written permission from the Zoning Administrator and Director of Public Works; provided, however, that Provider shall not be required to obtain additional approvals, other than any required, generally applicable permits, for: (a) modification to Facilities that involve only substitution of internal components, and do not result in any change to the external appearance, dimensions, or
weight of the Facilities, as approved by Town, or (b) modifications to any equipment located on a pole or other structure that is not owned by the Town, so long as such modifications do not also require modifications to any Facilities located on or in the ground near or adjacent to such pole or other structure. Notwithstanding anything in this License
to the contrary, and subject to any applicable permitting requirements, Provider shall have
the right to replace existing poles or other structures in Town rights-of-way in order to attach Facilities, provided that Provider first obtains the consent of the existing pole owner.
Notwithstanding the foregoing or anything to the contrary in this License, the Town: (1) may only disapprove of plans or Facilities for the reasons expressly set forth in Va. Code
§ 15.2-2316.4(B)(4). With respect to the locations of proposed Facilities specified on Exhibit A, the Town is not aware of any pre-existing communications facilities, future communications facilities that have already been designed and planned in any proposed location, or that has been reserved for future public safety communications facilities, except [NONE]; and (2) shall comply with the timing requirements applicable to Provider’s
proposed Facilities, currently including, without limitation, those set forth in Va. Code § 15.2-2316.4(B)(1) (regarding zoning permit application and approval), Va. Code § 56-484.29(A) (regarding access permit application and approval), and the Federal Communications Commission (“FCC”) Declaratory Ruling and Third Report and Order dated September 26, 2018, (regarding application and approval for Town authorizations
for the construction of wireless infrastructure). For purposes of notifying Provider of incomplete applications for the Facilities set forth in this License or any future Facilities in
104
Item b.
3
the right of way, until otherwise directed by Provider, the Town shall notify Provider at the following email address: adam.brixius@verizonwireless.com.
4. Generally applicable requirements. The Facilities shall be, at all times, maintained, operated and repaired by the Provider as provided herein in a safe manner (as determined in the Town’s reasonable discretion). The rights and privileges herein granted to the Provider shall be subject to the rights or interests held by other, if any, in and to the subject rights-of-way as of the date of this License. The Town makes no representations or
warranties, express or implied, concerning the extent of such rights held by others and shall have no responsibility for conflicts with others as a result of this License; except that the Town makes the representation in the second paragraph of Section 3 hereof, and represents that it is not aware of any exclusive rights granted to any third party regarding the areas that Provider intends to use. The Town makes no warranties with respect to the subject
rights-of-way but gives the Provider permission to use such rights as herein provided. In the event Provider installs, maintains or uses the Facilities on property belonging to parties other than the Town, or intends to install, maintain or use the Facilities on property belonging to parties other than the Town, Provider shall obtain permission from such third
party prior to installation, maintenance, and use of the Facilities on any such property in the Town right-of-way and shall provide notice of the agreement and co-location to the Town. Provider shall construct, operate, and maintain the Facilities and improvements in
accordance with all applicable federal, state, county and Town laws, orders, rules and regulations existing on the date of this License or enacted thereafter, affecting the installation, maintenance and use of the Facilities, including any necessary Federal Aviation Administration (“FAA”) approval for land located within the Town’s airport, if applicable.
5. Safety and quality. Provider shall ensure that all activity under this License is performed safely, thoroughly, reliably and in accordance with all applicable and relevant industry, professional, federal and state-mandated standards and laws. All materials installed in the public right-of-way under this License must be of good and durable quality. If work or
materials under this License violate applicable legal requirements aimed at protecting the health or safety of any person or property, Provider shall correct the problem at its own expense. 6. Termination or Replacement.
a. Should Provider abandon or remove the Facilities without an intention to resume use thereof for a six-month (6) period of time, this License shall terminate forthwith at the election of the Town. b. The Town may unilaterally revoke all or a part of this License upon one hundred eighty (180) days’ notice to the extent the Town determines, in the exercise of its
reasonable good faith judgment, that the maintenance and/or operation of all or a part of the Facilities shall adversely affect the health, safety, and welfare of the Town. The parties acknowledge that the previous sentence is not intended to
105
Item b.
4
preempt any FCC rules or regulations, and such termination right shall not be available to the extent the Provider’s use and operation is regulated by the FCC or other applicable law (e.g., relating to use of or exposure to radio frequencies). In
the event the FCC makes a determination which is final and non-appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that the Provider’s use presents a material risk to the public health or safety, either the Town or Provider may terminate all or a part of this License on 30 days’ notice to the other party. In such an event, the Town agrees to cooperate
with the Provider to attempt to find other suitable replacement space in the Town rights-of-way for placement of the Facilities. The Provider agrees in such cases to relocate its Facilities at its own expense unless otherwise provided by applicable law, including, without limitation, Va. Code § 56-484.30. c. Termination of this License shall not relieve or release the Provider or the Town
from any liability or obligation, which may have been incurred or assumed by the Provider or the Town hereunder prior to termination. d. Provider may terminate this License and/or its use of any individual Facilities authorized under this License at Provider’s convenience by removing its Facilities and providing notice of such termination to Town. Provider shall not have any
further obligations or liability for such Facilities following such termination, but shall remain liable for any amounts owed to Town prior to such termination. e. This License shall terminate and be replaced by a franchise agreement without further action by either party upon the effective date of a grant of a franchise by the Town for a term longer than five (5) years that permits the Provider to engage in
the activities described in Section 3 hereof and such other activities as shall be set forth in the franchise agreement. At the time this Agreement is replaced by such a franchise agreement, all installations installed by Provider under this Agreement that are permitted under the franchise agreement shall become installations installed
pursuant to the franchise agreement for the duration of the term of the franchise
agreement. 7. Non-exclusivity. This is a non-exclusive license. It does not limit the Town’s right to grant permission to any other person or entity to use the public rights-of-way.
8. Disturbing rights-of-way. a. Provider shall notify the Town’s Zoning Administrator, Preservation Planner (if applicable), and Director of Public Works, and receive generally applicable Town permits and Certificates of Appropriateness (if applicable) prior to disturbing any
street, alley, or sidewalk. Provider’s permit application must include any plans,
specifications, traffic control plans, and other information that the Zoning Administrator, Preservation Planner, and Director of Public Works reasonably deem necessary for an adequate review of the proposed work. The Town shall promptly notify Provider of any incomplete application and approve or deny the
permit applications promptly (and, in all events within applicable time periods
described in the second paragraph of Section 3 hereof), and shall not unreasonably withhold a permit. This section does not apply to emergency situations or where
106
Item b.
5
the Zoning Administrator and/or Director of Public Works has expressly waived a requirement in writing. b. Provider shall, as soon as practicable after the completion of any extensive
maintenance activities, restore all areas disturbed during such activities. These areas shall be restored in kind to a condition substantially the same as that which existed prior to Provider performing such maintenance activities, and shall be restored to the reasonable satisfaction of the Town.
9. Maintenance and Operation. Routine maintenance shall be defined as any work which can be accomplished utilizing mechanical equipment and/or vehicles operated from a location which is entirely behind the back of curb and in such a manner as to not encroach into the traffic lanes or disrupt traffic flow.
Prior to commencement of any maintenance that is more extensive than routine maintenance, Provider shall submit to the Town for approval a proposed maintenance plan and schedule. The plan and schedule, at a minimum, shall provide a description of work to be performed, a description of equipment, vehicles, work techniques and methods to be used in connection with the maintenance or operation activity, a schedule of when
maintenance or operation work will occur with an estimate as to the length of time required to perform the work, and such other information as the Town may need in order to evaluate the proposed maintenance or operation activity. Provider shall confine all such extensive maintenance and operation activities, including
access and storage, within the applicable areas specified in the approved maintenance and operation plans. 10. Records. At the Town’s request, Provider shall grant the Town (at no cost to the Town and
within 30 days of the request) access to Provider’s plans, maps, and records pertaining to
this License to the extent not reasonably deemed confidential, proprietary or privileged by Provider. 11. Removal and relocation. To the extent set forth in Va. Code § 56-484.30, whenever the
Town shall determine that it is necessary due to a transportation project, the need to remove
a hazard from the right of way to ensure the safety of the travelling public (as determined by the Commissioner of Highways), or material change to the right of way, the Town may require by written notification that any properties or Facilities of the Provider be removed or relocated. This provision also shall apply to instances where Provider has not obtained
necessary Federal Aviation Administration approval. Within one hundred eighty (180)
days after receipt of notification and the Town’s issuance of any required permits or approval for relocation, unless the Town extends such period for good cause shown, the Provider shall remove its Facilities or relocate them to such place and under such terms and conditions as agreed by the Parties. The expenses associated with the removal and
relocation shall be allocated as set forth in Va. Code § 56-484.30 except that the Town will
issue, without charge to the Provider, whatever local permits are required for the relocation of the Provider’s facilities. If the Provider does not complete its removal or relocation within the time period specified in this Section, the Town may take such actions as
107
Item b.
6
necessary to effect such removal or relocation at the Provider’s expense. Further, the Provider will be responsible for any additional, reasonable costs and expenses incurred by the Town as a result of the Provider’s failure to remove or relocate its facilities in a timely
manner. 12. Trees. Provider shall not damage trees in or near the public rights-of-way more than reasonably necessary.
13. Assumption of Risk. Provider assumes all risks of loss and damage to its equipment, including any interference or loss of service and any resulting consequential damages that result from Town operations, provided that loss, damage, or interference is not caused by the negligence, gross negligence, or willful misconduct of the Town. Notwithstanding any other provision of this License, in no event shall either Party be liable to the other party for
incidental, consequential, punitive, exemplary, or similar damages under this License.
14. Indemnification. Provider agrees to indemnify and hold harmless the Town, its authorized officers, agents, and employees from and against all claims, losses, expenses, or suits for injuries, death, or damages to real and/or tangible personal property to the extent caused
by the acts or omissions of Provider, its officers, agent or employees, including the cost of actual reasonable attorney’s fees and other costs. Notwithstanding the provisions of this clause, Provider shall not be liable for nor shall it indemnify the Town for property damage or personal injuries caused by the acts of any third parties over which the Provider has no control, or acts of the Town, its authorized officers, agents, and employees. Except to the
extent expressly set forth herein or contemplated by applicable law, the Town shall not be liable for damage to the Facilities caused by future improvements in the rights-of-way except where the damage to the Facilities is caused by the negligence, gross negligence, or willful misconduct of the Town.
15. Insurance. Provider shall maintain general liability insurance in the amount of Five
Million Dollars ($5,000,000) and shall provide to the Town within five (5) days of the execution hereof, a certificate of insurance for such policy, which shall include the Town as an additional insured as its interest may appear under this License.
16. Assignment. Except to the extent expressly set forth herein, no assignment of this License
or any rights hereunder shall be made without the prior written consent of the Town. However, the Town shall not unreasonably delay, condition, or refuse its consent to any such assignment by the Provider, upon written request by the Provider. Without any approval or consent of the Town, this License may be sold, assigned or transferred by the
Provider to (i) any entity in which the Provider directly or indirectly holds an equity or
similar interest (i.e., a subsidiary); (ii) any entity which directly or indirectly holds an equity or similar interest in the Provider (i.e., a parent entity); or (iii) any entity directly or indirectly under common control with the Party (i.e., an affiliate). Provider may assign this License to any entity which acquires all or substantially all of Provider’s assets in the
market defined by the FCC in which the Town is located by reason of a merger, acquisition
or other business reorganization without approval or consent of the Town.
108
Item b.
7
17. Choice of Law, Venue. Except to the extent pre-empted by Federal law, the Parties agree that this License will be governed by the laws of the Commonwealth of Virginia and shall be binding upon the Parties and their respective-successors and/or assigns. The courts of
Loudoun County, Virginia are the exclusive venues for any state litigation regarding this License. 18. Notices. Notices under this License shall be deemed to be properly served if delivered in person or in writing by certified mail, with return receipt requested, to the following
addresses or such other places as the Parties reasonable designate: To the Town:
Director of Public Works & Capital Projects
The Town of Leesburg
25 W. Market Street
Leesburg, Virginia 20176
With a copy to: Town Manager Town of Leesburg
25 W. Market Street
Leesburg, VA 20176 To Provider:
Cellco Partnership
d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate
In addition to the foregoing, Provider will provide the name and contact information, including an emergency telephone number, for maintenance of the Facilities. 19. No Waiver. Nothing contained in the License shall be deemed to waive the requirement
of the various codes, regulations, resolutions, and statutes regarding permits, fees to be
paid, or manner of construction, operation, or maintenance, including without limitation, the Town’s right-of-way permit requirements to work within the right-of-way. 20. Change of Law. If any applicable federal, state, or local laws or regulations (including,
but not limited to, those issued by the FCC or its successor agency) and any binding judicial
interpretations thereof (collectively, “Laws”) that govern any aspect of the rights or obligations of the Parties under this License shall change after the effective date of this License and such change makes any aspect of such rights or obligations inconsistent with the then-effective Laws, then, upon request of either Party, each of the Parties agrees to
109
Item b.
8
promptly amend the License as reasonably required to accommodate and/or ensure compliance with any such legal or regulatory change.
21. Consent. To the extent that either Party is required to provide an approval or consent under this License, the Party shall not unreasonably withhold, condition, or delay such consent or approval.
22. Entire License. This License (and Exhibit(s)) embodies the entire agreement between the
Town and the Provider. It is not to be modified or terminated except as provided herein or
by any written agreements signed by the authorized representatives of both Parties. If any provision herein is invalid it shall be considered deleted and shall not invalidate the remaining provisions. The Provider shall not expand or extend its Facilities, except to the extent permitted by Section 3 hereof. Any such expansion or extension shall require a new
License signed by the Town Manager and authorized agent of the Provider, except that no
new License or approval shall be required for modifications to any equipment located on a pole or other structure that is not owned by the Town, so long as such modifications do not also require modifications to any Facilities located on or in the ground near or adjacent to such pole or other structure.
[SIGNATURES ON FOLLOWING PAGE]
110
Item b.
9
IN WITNESS WHEREOF, the Parties hereto have executed this License as of the date and year first written above. Provider:
CELLCO PARTNERSHIP d/b/a Verizon Wireless
By_________________________________ Name: Title:
Date________________________________ THE TOWN OF LEESBURG
By ______________________________ Kaj H. Dentler Town Manager
Date________________________________
111
Item b.
10
EXHIBIT A TOWN PROPERTIES AND/OR RIGHTS-OF-WAY TO BE USED BY PROVIDER See attached ten (10) pages.
112
Item b.
VICINITY MAP
EXHIBIT A
PREPARED FOR:SITE ID:
SHEET NUMBER
SHEET TITLE
A
PREPARED BY:
507 AIRPORT BLVD, SUITE 111
MORRISVILLE, NC 27560
THE INFORMATION CONTAINED IN THESE
DOCUMENTS IS PROPRIETARY BY NATURE.
REPRODUCTION OR CAUSING TO BE
REPRODUCED THE WHOLE OR ANY PART OFTHESE DRAWINGS WITHOUT THE
PERMISSION OF MASTEC NETWORK
SOLUTIONS IS PROHIBITED.
COUNTY:
LOUDOUN
SUBMITTALS
ISSUED BY
RM
DATE DESCRIPTION REV DRAWN BY:
APPV'D BY:RM
CHECKED BY:
ES
KJC
FOR REVIEW A4/13/2021
255, LB 8, 134, 137, 140, 194, 279, 203
TOWN OF LEESBURG, VIRGINIA
ROW AGGREEMENT
POLE CLUSTER
RMFOR REVIEW B5/4/2021
LEESBURG_255:
LEESEE'S REPLACEMENT ANTENNA AND
EQUIPMENT SPACE ON WOOD POLE SEE
EXHIBIT A-1 FOR DETAILS
LEESBURG_LB 8:
LEESEE'S REPLACEMENT ANTENNA AND
EQUIPMENT SPACE ON LIGHT POLE
SEE EXHIBIT A-2 FOR DETAILS
LEESBURG_279:
LEESEE'S REPLACEMENT ANTENNA AND
EQUIPMENT SPACE ON METAL LIGHT POLE
SEE EXHIBIT A-7 FOR DETAILS
LEESBURG_134:
LEESEE'S REPLACEMENT ANTENNA AND
EQUIPMENT SPACE ON METAL POLE SEE
EXHIBIT A-3 FOR DETAILS
LEESBURG_194:
LEESEE'S REPLACEMENT ANTENNA AND
EQUIPMENT SPACE ON METAL LIGHT POLE
SEE EXHIBIT A-6 FOR DETAILS
LEESBURG_137:
LEESEE'S REPLACEMENT ANTENNA AND
EQUIPMENT SPACE ON LIGHT POLE
SEE EXHIBIT A-4 FOR DETAILS
LEESBURG_140:
LEESEE'S REPLACEMENT ANTENNA AND
EQUIPMENT SPACE ON CONCRETE LIGHT POLE
SEE EXHIBIT A-5 FOR DETAILS
LEESBURG_203:
LEESEE'S REPLACEMENT ANTENNA AND
EQUIPMENT SPACE ON METAL LIGHT POLE
SEE EXHIBIT A-8 FOR DETAILS
113
Item b.
POLE LOCATIONS &SPECIFICATIONS
EXHIBIT A-0
PREPARED FOR:SITE ID:
SHEET NUMBER
SHEET TITLE
A-0
PREPARED BY:
507 AIRPORT BLVD, SUITE 111
MORRISVILLE, NC 27560
THE INFORMATION CONTAINED IN THESE
DOCUMENTS IS PROPRIETARY BY NATURE.
REPRODUCTION OR CAUSING TO BE
REPRODUCED THE WHOLE OR ANY PART OFTHESE DRAWINGS WITHOUT THE
PERMISSION OF MASTEC NETWORK
SOLUTIONS IS PROHIBITED.
COUNTY:
LOUDOUN
SUBMITTALS
ISSUED BY
RM
DATE DESCRIPTION REV DRAWN BY:
APPV'D BY:RM
CHECKED BY:
ES
KJC
FOR REVIEW A4/13/2021
255, LB 8, 134, 137, 140, 194, 279, 203
TOWN OF LEESBURG, VIRGINIA
ROW AGGREEMENT
POLE CLUSTER
RMFOR REVIEW B5/4/2021
SITE NAME/Loc Codes LATITUDE LONGITUDE POLE TYPE REPLACEMENT/
PROPOSED
LEESBURG 255 39.11180918 -77.57167406 WOOD REPLACEMENT
LEESBURG LB 8 39.107479 -77.558337 METAL LIGHT REPLACEMENT
LEESBURG 134 39.12583290 -77.5536397 METAL LIGHT REPLACEMENT
LEESBURG 137 39.12575340 -77.5429585 METAL LIGHT REPLACEMENT
LEESBURG 140 39.12405480 -77.5336959 CONCRETE LIGHT REPLACEMENT
LEESBURG 194 39.12220438 -77.55226091 METAL LIGHT REPLACEMENT
LEESBURG 279 39.100514 -77.545165 METAL LIGHT REPLACEMENT
LEESBURG 203 39.1262203 -77.5386750 METAL LIGHT REPLACEMENT
558961
404280
525802
525803
525804
525818
558970
525820
114
Item b.
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115
Item b.
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116
Item b.
L
PREPARED FOR:SITE ID:
SHEET NUMBER
SHEET TITLE
A-
PREPARED BY:
507 AIRPORT BLVD, SUITE 111
MORRISVILLE, NC 27560
THE INFORMATION CONTAINED IN THESEDOCUMENTS IS PROPRIETARY BY NATURE.REPRODUCTION OR CAUSING TO BEREPRODUCED THE WHOLE OR ANY PART OFTHESE DRAWINGS WITHOUT THEPERMISSION OF MASTEC NETWORKSOLUTIONS IS PROHIBITED.
COUNTY:
LOUDOUN
SUBMITTALS
ISSUED BY
RM
DATE DESCRIPTION REV DRAWN BY:
APPV'D BY:RM
CHECKED BY:
ES
KJCFOR REVIEW A4/13/2021
55, 233, 275, 286, 292, 68, 162, 274, 285, 291, 58,107, 114, 117, 119, 216, 273, 278, 284, 288, 289,115, 255, LB 8, 134, 137, 140, 194, 279, 203TOWN OF LEESBURG, VIRGINIA
ROW AGGREEMENTPOLE CLUSTER
LEESBURG_134
EXHIBIT A-3
ROW ADJACENT TO 882-890 BATTLEFIELD PKWY NE
0 5'10'
8.5"X 11" SCALE: 1"=5'
REPLACEMENT METAL LIGHT POLE WITHPROPOSED LEESEE'S RF EQUIPMENTLOCATION: 39.1258329°, -77.5536397°(SEE SHEET C-3 FOR POLE INFORMATION)
~SID
E
W
A
L
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~
BATTLEFIELD P
K
W
Y
N
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~GRASS AREA~
~GRASS AREA~
~GRASS AREA~
OWNER: EXETER HOMEOWNERS ASSOCIATIONPARCEL NO: 187356970000
4'-3"±EOC TOPOLE19'-1"±ROW TOPOLE~SIDEWALK~97'-5"±ROW22'-6"±EOC TOPOLEOWNER: EXETER HOMEOWNERS ASSOCIATIONPARCEL NO: 230309016000
~GRASS AREA~
117
Item b.
L
L
L
PREPARED FOR:SITE ID:
SHEET NUMBER
SHEET TITLE
A-28
PREPARED BY:
507 AIRPORT BLVD, SUITE 111
MORRISVILLE, NC 27560
THE INFORMATION CONTAINED IN THESE
DOCUMENTS IS PROPRIETARY BY NATURE.
REPRODUCTION OR CAUSING TO BE
REPRODUCED THE WHOLE OR ANY PART OFTHESE DRAWINGS WITHOUT THE
PERMISSION OF MASTEC NETWORK
SOLUTIONS IS PROHIBITED.
COUNTY:
LOUDOUN
SUBMITTALS
ISSUED BY
RM
DATE DESCRIPTION REV DRAWN BY:
APPV'D BY:RM
CHECKED BY:
ES
KJC
FOR REVIEW A4/13/2021
255, LB 8, 134, 137, 140, 194, 279, 203
TOWN OF LEESBURG, VIRGINIA
ROW AGGREEMENT
POLE CLUSTER
RMFOR REVIEW B5/5/2021
LEESBURG_137
EXHIBIT A-4
ROW ADJACENT TO BATTLEFIELD PARKWAY NE
0 5'10'
8.5"X 11" SCALE: 1"=5'
EXISTING CONCRETE
CURB (TYP.)
EXISTING
OVERHEAD POWER
LINE (TYP.)
BATTLE
F
I
E
L
D
P
K
W
Y
N
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LEESBURG BYPASS13'-0
"
±
EOP T
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EXISTING
COCRETE DITCH
EXISTING FIBER PULL
BOX (TYP.)
~LANDSCAPED
GRASSY AREA~
~GRASS~
~GRASS~
EXISTING TRAFFIC
VAULT (TYP.)
~GRVEL~
~GRASS~
EXISTING CONCRETE
HANDWALL
EXISTING STORM
MANHOLE
REPLACEMENT METAL LIGHT POLE WITH
PROPOSED LEESEE'S RF EQUIPMENT
LOCATION: 39.1257534°,-77.5429585°
(SEE SHEET C-3 FOR POLE INFORMATION)14'-5"±POLE TO POLEOWNER: THE TOWN OF LEESBURG
THE RIGHT OF WAY IS
BEYOND THE EXTENTS OF
THE MAP IN THE LEASE
EXHIBIT
118
Item b.
L
F
F
L
PREPARED FOR:SITE ID:
SHEET NUMBER
SHEET TITLE
A-
PREPARED BY:
507 AIRPORT BLVD, SUITE 111
MORRISVILLE, NC 27560
THE INFORMATION CONTAINED IN THESEDOCUMENTS IS PROPRIETARY BY NATURE.REPRODUCTION OR CAUSING TO BEREPRODUCED THE WHOLE OR ANY PART OFTHESE DRAWINGS WITHOUT THEPERMISSION OF MASTEC NETWORKSOLUTIONS IS PROHIBITED.
COUNTY:
LOUDOUN
SUBMITTALS
ISSUED BY
RM
DATE DESCRIPTION REV DRAWN BY:
APPV'D BY:RM
CHECKED BY:
ES
KJCFOR REVIEW A4/13/2021
55, 233, 275, 286, 292, 68, 162, 274, 285, 291, 58,107, 114, 117, 119, 216, 273, 278, 284, 288, 289,115, 255, LB 8, 134, 137, 140, 194, 279, 203TOWN OF LEESBURG, VIRGINIA
ROW AGGREEMENTPOLE CLUSTER
LEESBURG_140
EXHIBIT A-5
ROW ADJACENT TO N 701 SHANKS EVANS ROAD NE
0 5'10'
8.5"X 11" SCALE: 1"=5'
REPLACEMENT METAL LIGHT POLE WITHPROPOSED LEESEE'S RF EQUIPMENTLOCATION: 39.1240548°, -77.5336959°(SEE SHEET C-3 FOR POLE INFORMATION)BATTLEFIELD PARKWAY NEEXISTING FIREHYDRANT (TYP.)~SIDEWALK~EXISTING ELECTRICVAULT (TYP.)
EXISTING TRAFFICPOLE (TYP.)
EXISTING FIBERPEDESTAL (TYP.)
EXISTING PULLBOX (TYP.)
EXISTINGTRAFFIC BOX(TYP.)
EXISTING TRAFFICVAULT (TYP.)
EXISTING STORMMANHOLE (TYP.)
EXISTING WATERVALVE (TYP.)
OWNER: VIKAS & SHIVANI AGARWAL SINGHALPARCEL NO: 146351810000
OWNER: LISA MARIE & CAROLL ANTHONY GENOVESEPARCEL NO: 146352219000
OWNER: POTOMAC CROSSING ASSOCIATIONPARCEL NO: 146350337000
EXISTINGMANHOLE (TYP.)
~GRASS AREA~
~GRASS AREA~
~EXISTINGBUILDING~
~EXISTINGBUILDING~
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119
Item b.
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Item b.
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121
Item b.
L
L
PREPARED FOR:SITE ID:
SHEET NUMBER
SHEET TITLE
A-30
PREPARED BY:
507 AIRPORT BLVD, SUITE 111
MORRISVILLE, NC 27560
THE INFORMATION CONTAINED IN THESEDOCUMENTS IS PROPRIETARY BY NATURE.REPRODUCTION OR CAUSING TO BEREPRODUCED THE WHOLE OR ANY PART OFTHESE DRAWINGS WITHOUT THEPERMISSION OF MASTEC NETWORKSOLUTIONS IS PROHIBITED.
COUNTY:
LOUDOUN
SUBMITTALS
ISSUED BY
RM
DATE DESCRIPTION REV DRAWN BY:
APPV'D BY:RM
CHECKED BY:
ES
KJCFOR REVIEW A4/13/2021
55, 233, 275, 286, 292, 68, 162, 274, 285, 291, 58,107, 114, 117, 119, 216, 273, 278, 284, 288, 289,115, 255, LB 8, 134, 137, 140, 194, 279, 203TOWN OF LEESBURG, VIRGINIA
ROW AGGREEMENTPOLE CLUSTER
LEESBURG_203
EXHIBIT A-8
ROW ADJACENT TO 854 BATTLEFIELD PKWY NE
0 5'10'
8.5"X 11" SCALE: 1"=5'
REPLACEMENT METAL LIGHT POLE WITHPROPOSED VERIZON RF EQUIPMENTLOCATION: 39.1262203°, -77.5386750°(SEE SHEET C-3 FOR POLE INFORMATION)
~GRASS AREA~
EXISTING ELECTRICCABINET (TYP.)
EXISTING MISC.CABINETS (TYP.)
EXISTING TELECOMCABINET (TYP.)
EXISTING SANITARYMANHOLE (TYP.)
EXISTING FIBERPULL BOX (TYP.)
EXISTING WATERVALVE (TYP.)
EXISTING FIREHYDRANT (TYP.)
EXISTING LIGHTPOLE (TYP.)~CONCRETE SIDEWALK~BATTLEFIELD
P
A
R
K
W
A
Y
N
E
EXISTING STORMMANHOLE (TYP.)~PARKING~1'-9"±ROW TOPOLE4'-5"±EOC TOPOLE~ASPHALT WALK~BALLS BLUFF ROAD NEOWNER: POTOMAC CROSSINGHOMEOWNERS ASSN. INC.
PARCEL NO: 187495322000
OWNER: CORP. OF THE PRESIDING BISHOP OFTHE CHURCH OF JESUS CHRIST OFLATTER-DAY SAINTSPARCEL NO: 187393580000OWNER: LEESBURG WESTPARK HOTELASSOCIATESPARCEL NO: 146259440000
EXISTINGTRANSFORMER(TYP.)83'-5"±ROW~GRASS AREA~
EXISTING GASVALVE (TYP.)
122
Item b.
Exhibit A
Index of Sites -- Provider Site List
(for Provider’s Internal Use)
Site Name Location
LEESBURG LB 8 5G CN 404280
LEESBURG_194 5G RE 525818
LEESBURG_203 5G RE 525820
LEESBURG_134 5G RE 525802
LEESBURG_137 5G RE 525803
LEESBURG_140 5G RE 525804
LEESBURG 255 5GNRM 558961
LEESBURG 279 5GNRM 558970
123
Item b.
Date of Council Meeting: May 25, 2021
TOWN OF LEESBURG
TOWN COUNCIL MEETING
Subject: Purchase of Spare Pumps and Pump Motor for the Water Pollution Control Facility
Staff Contact: Amy Wyks, P.E., Director of Utilities
Octavia Andrew, Chief Procurement Officer
Council Action Requested: Approve a resolution in support of a task order for the purchase of
two (2) spare wastewater pumps and one (1) spare pump motor for the Water Pollution Control
Facility to DSi Inc. in the amount of $251,880.
Staff Recommendation: Approval of a task order for purchase of two (2) spare wastewater pumps
and one (1) spare pump motor for the Water Pollution Control Facility to DSi Inc. in the amount
of $251,880.
DSi Inc. has provided a task order proposal under the existing on-call mechanical services contract
to purchase the equipment. The existing on-call mechanical services contract has been publicly
procured and negotiated and there are no contract threshold limitations. If a task order is greater
than $100,000, Town Council approval is required because the amount of the proposal exceeds the
signature authority of the Town Manager.
DSi Inc. is a 15 year old company based in Baltimore, Maryland with experience in sewage
treatment facilities, fabricated structural and metal manufacturing, pump and pumping equipment
as well as many other industrial and mechanical disciplines.
Commission Recommendation: Not applicable.
Fiscal Impact: No additional funding is needed. Purchase of the two (2) spare wastewater pumps
and one (1) spare pump motor is included in the adopted Fiscal Year 2021 Department of Utilities
budget.
Work Plan Impact: None.
Executive Summary: There have been multiple maintenance issues and rebuilds to the current
influent pumps since they were placed online in 2007. Due to the harsh environment in which
these pumps operate, as well as the need for continual operation, it is necessary to have a
replacement influent pump on site as the plant could experience multiple issues with multiple
pumps at any time. The spare effluent pump motor will help to ensure continual plant operation,
whether discharging effluent to the Potomac River or the Panda Stonewall Power Plant.
The Town has established an on-call mechanical services contract to provide a variety of
mechanical services at the Water Pollution Control Facility and the Water Treatment Plant. DSi
Inc. has provided a task order proposal under the existing on-call mechanical services contract to
124
Item c.
Purchase of Spare Pumps and Pump Motor for the Water Pollution Control Facility
May 11, 2021
Page 2
purchase the pumps and pump motor. Under the terms of that contract, Town Council approval
is required because the amount of the proposal exceeds $100,000.
Background: The Water Pollution Control Facility completed the most recent expansion in 2008.
This included installation of four (4) large and two (2) small wastewater influent pumps. Due to
the harshness of the operational environment, it is imperative multiple pumps and spares be
available when necessary. These pumps are vital in ensuring the wastewater is removed from
citizen’s homes and transported to the wastewater treatment process, and are integral in meeting
both discharge and reuse permit regulatory statutes.
DSi Inc.’s attached task order proposal in the amount of $251,880 is for purchase of two (2)
wastewater pumps and one (1) pump motor for the Water Pollution Control Facility. The lead time
for the pumps and motor range from 12 to 24 weeks which is why it is imperative to have spares
available in the event of an emergency. The motor will be installed and replace an existing motor
that will be rebuilt and then be used as a spare motor. Upon receipt of the new pumps, a quote for
DSi will be evaluated for routine maintenance and installation of new pumps so existing pumps are
rebuilt to factory new operating condition.
Proposed Legislation:
RESOLUTION
Approving a Task Order for the Purchase of Spare Pumps and Pump Motor for the Water Pollution
Control Facility to DSi Inc in the Amount of $251,880
Draft Motions:
1. I move to approve the proposed RESOLUTION to award a task order to DSi Inc. for
$251,880 to purchase two (2) wastewater pumps and one (1) pump motor for the Water Pollution
Control Facility.
2. I move to deny the proposed RESOLUTION to award a task order to DSi Inc. for $251,880 to
purchase two (2) wastewater pumps and one (1) pump motor for the Water Pollution Control
Facility.
OR
3. I move an alternate motion.
Attachments:
1. Draft Resolution
2. DSi Inc. Proposal
125
Item c.
PRESENTED: May 25, 2021
RESOLUTION NO. 2021- ADOPTED: ____________
A RESOLUTION : APPROVING A TASK ORDER FOR THE PURCHASE OF
SPARE PUMPS AND PUMP MOTOR FOR THE WATER
POLLUTION CONTROL FACILITY TO DSI, INC. IN THE
AMOUNT OF $251,880
WHEREAS, the Town of Leesburg (“the Town”) owns and operates a wastewater
treatment plant; and
WHEREAS, to ensure a reliable wastewater operation, spare equipment is necessary
and two (2) wastewater pumps and one (1) pump motor need to be purchased; and
WHEREAS, the pumps and pump motor purchase is funded in the Department of
Utilities Fiscal Year 2021 budget; and
WHEREAS, the Town of Leesburg has an existing services contract for On Call
Mechanical Services with DSi INC.; and
WHEREAS, DSi INC. has provided a task order quote in the amount of $251,880 for
purchase; and
WHEREAS, the task order has been reviewed and approved by the Town’s Chief
Procurement Officer; and the Director of Utilities recommends the purchase of two (2)
wastewater pumps and one (1) pump motor ; and
WHEREAS, under the terms of the On Call Mechanical Services contract, purchases
in excess of $100,000 must be approved by Town Council.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
126
Item c.
A RESOLUTION: APPROVING A TASK ORDER FOR THE PURCHASE OF SPARE
PUMPS AND PUMP MOTOR FOR THE WATER POLLUTION
CONTROL FACILITY TO DSI INC IN THE AMOUNT OF
$251,880
-2-
1. The Town Manager is authorized to execute a task order under the existing on-call
mechanical services contract with DSi INC., in a form approved by the Town
Attorney, in the amount of $251,880 for the purchase of two (2) wastewater pumps
and one (1) pump motor.
PASSED this 25th day of May, 2021.
______________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
______________________________
Clerk of Council
127
Item c.
128
Item c.
129
Item c.
Date of Council Meeting: May 25, 2021
TOWN OF LEESBURG
TOWN COUNCIL MEETING
Subject: Laboratory Repairs and Replacement at the Water Pollution Control Facility
Staff Contact: Amy Wyks, P.E., Director of Utilities
Octavia Andrew, Chief Procurement Officer
Council Action Requested: Approve a task order for laboratory repairs and replacement at the
Water Pollution Control Facility to FHP Tectonics Corporation in the amount of $296,580.50.
Staff Recommendation: Approval of a task order for laboratory repairs and replacement at the
Water Pollution Control Facility to FHP Tectonics Corporation in the amount of $296,580.50.
FHP Tectonics has provided a price proposal based on the Commonwealth of Virginia Statewide
Job Order Contract (E194-88611) for laboratory repairs and replacement at the Water Pollution
Control Facility. Under the Town’s procurement policy, if a task order is greater than $100,000,
Town Council approval is required because the amount of the proposal exceeds the signature
authority of the Town Manager.
FHP Tectonics Corporation is based in Chicago with a regional office in McLean, Virginia. The
company has been providing renovation and repair work in both public and private sectors for more
than 30 years, and has also taken the lead on thousands of projects. FHP Tectonics Corporation
is a Class A licensed Contractor, and authorized to transact business in the Commonwealth of
Virginia.
Commission Recommendation: Not applicable.
Fiscal Impact: No additional funding is needed. There is sufficient Fiscal Year 2021 appropriation
within the Utilities 3R (Repair, Replacement and Rehabilitation) program available for the repair
and replacement of the laboratory located at the Water Pollution Control Facility.
Work Plan Impact: The impact on the laboratory is marginal. All testing will temporarily be
moved to the Digester Building as FHP Tectonics Corporation completes the project. There will
be no sanitary sewer service disruption for Town of Leesburg customers. Utilities staff will
coordinate and oversee the project as part of normal business.
Executive Summary: The laboratory has received no structural, component or finish
enhancements since its construction in 1988. After 33 years of operation and maintenance by the
Department of Utilities staff, the current laboratory components, fixtures and finishes are out dated
and in need of replacement.
The Town has identified a Commonwealth of Virginia Statewide Job Order Contract and FHP has
provided a task order proposal for laboratory repairs and replacement. Under the Town’s
130
Item d.
Laboratory Repairs and Replacement at the Water Pollution Control Facility
May 25, 2021
Page 2
procurement policy, Town Council approval is required because the amount of the proposal
exceeds $100,000.
Background: The Town of Leesburg Water Pollution Control Facility completed a plant
expansion in 1988 to include a new Administration Building with a state of the art wet laboratory.
Throughout the last 33 years, the lab has experienced multiple deficiencies such as worn chemical
resistant counter tops, fading and chipping paint, out dated lighting and rusted cabinets and
drawers. The laboratory will have existing fixtures, components and finishes replaced with in kind
materials as there will be no design element to the project. Updating this laboratory with new
materials will assist the Water Pollution Control Facility laboratory staff in meeting the ever
expanding regulatory testing requirements necessary to maintain good standing with state and
federal regulatory agencies.
The Town of Leesburg will be utilizing a Commonwealth of Virginia Statewide Job Order Contract
for Maintenance and Repair, Commercial and Industrial Building. Under this contract, the
component and finishes replacement work will be completed by FHP Tectonics Corporation. The
company has provided the attached proposal in the amount of $296,580.50 for component and
finishes replacement of the laboratory at the Town’s Water Pollution Control Facility.
Proposed Legislation:
RESOLUTION
Approving a Task Order for the Laboratory Repairs and Replacement at the Water Pollution
Control Facility to FHP Tectonics Corporation in the Amount of $296,580.50
Draft Motions:
1. I move to approve the proposed RESOLUTION to award a task order, in a form approved by
the Town Attorney, for the Laboratory Repairs and Replacement at the Water Pollution Control
Facility to FHP Tectonics Corporation in the Amount of $296,580.50.
2. I move to deny the proposed RESOLUTION to award a task order, in a form approved by the
Town Attorney, for the Laboratory Repairs and Replacement at the Water Pollution Control
Facility to FHP Tectonics Corporation in the Amount of $296,580.50.
OR
3. I move an alternate motion.
Attachments:
1. Draft Resolution
2. FHP Tectonics Corporation Proposal
131
Item d.
PRESENTED: May 25, 2021
RESOLUTION NO. 2021- ADOPTED: ____________
A RESOLUTION : APPROVING A TASK ORDER FOR THE LABORATORY
REPAIRS AND REPLACEMENT AT THE WATER
POLLUTION CONTROL FACILITY TO FHP TECTONICS
CORPORATION IN THE AMOUNT OF $296,580.50
WHEREAS, the Town of Leesburg (“the Town”) owns and operates a wastewater
treatment plant; and
WHEREAS, the Water Pollution Control Facility (WPCF) laboratory is outdated and
in need of repair; and
WHEREAS, the repair and replacement of the laboratory cabinets and floor is a funded
and approved 3R (Repair, Replacement and Rehabilitation) project in the Department of
Utilities Fiscal Year 2021 budget; and
WHEREAS, no additional funding is needed to award this task order; and
WHEREAS, the estimated task order proposal for the laboratory repair and
replacement project is $296,580.50; and
WHEREAS, pursuant to the Virginia Public Procurement Act, cooperative contract
pricing was requested from FHP Tectonics and provided using the Commonwealth’s Statewide
Job Order Contract Contract (E194-88611); and
WHEREAS, FHP Tectonics Corporation has provided a task order proposal using the
Gordian software in the amount of $296,580.50 for repair and replacement of the WPCF
laboratory components; and
132
Item d.
A RESOLUTION: APPROVING A TASK ORDER FOR THE LABORATORY
REPAIRS AND REPLACEMENT AT THE WATER POLLUTION
CONTROL FACILITY TO FHP TECTONICS CORPORATION IN
THE AMOUNT OF $296,580.50
-2-
WHEREAS, the proposal has been reviewed and approved by the Town’s Chief
Procurement Officer for compliance; and the Director of Utilities recommends the
completion of the WPCF laboratory repair and replacement project; and
WHEREAS, the laboratory repair and replacement proposal is in excess of $100,000,
and must be approved by Town Council.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
1. The Town Manager is authorized to execute a task order under the cooperative
Commonwealth of Virginia Statewide Job Order Contract (E194-88611) with FHP
Tectonics, in a form approved by the Town Attorney, in the amount of $296,580.50
for the repairs and replacement of the Water Pollution Control Facility Laboratory.
PASSED this 25th day of May 2021.
______________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
______________________________
Clerk of Council
133
Item d.
Project Cost Summary
Proposal Date: April 26, 2021Attn:Town of Leesburg
Troy Itnyre Project No. 091202
Job Order No: 091202.00
Job Order Title: Town of Leesburg Lab Repairs & Replacement
Project Manager: Troy Itnyre
License Fee (5.00%); PO to Gordian:
Job Order Amount; PO to Contractor:
Total Project Cost:
$282,457.62
$14,122.88
$296,580.50
1.00
Page 1 of 1
4/26/2021
Project Cost Summary
134
Item d.
Work Order Signature Document
EZIQC Contract No.: E194-88611
Town of Leesburg Lab Repairs & Replacement
New Work Order
091202.00
Modify an Existing Work Order
Work Order Title:
Work Order Number:Work Order Date:
X
04/26/2021
Town of Leesburg FHP Tectonics CorpOwner Name:Contractor Name:
Contact:
Phone:
Contact:
Phone:
Todd Burgreen
(800) 610-9005
Troy Itnyre
703-737-7098
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of EZIQC
Contract No E194-88611.
Brief Work Order Description:
Lab repairs and replacement; including MEP, casework, flooring, ceiling work
Estimated Completion Date: 07/30/2021
Estimated Start Date: 06/01/2021Time of Performance
Will not apply:Will apply:Liquidated Damages X
Work Order Firm Fixed Price: $282,457.62
Owner Purchase Order Number:
Approvals
Date DateContractorOwner
2.00
Page 1 of 1
4/26/2021
Work Order Signature Document
135
Item d.
3.00
Detailed Scope of Work
To:From:Troy Itnyre
Town of Leesburg
Todd Burgreen
PO Box 2099
Purcellville, VA 20134-2099
(800) 610-9005 703-737-7098
Work Order Number:
April 26, 2021Date Printed:
091202.00
Town of Leesburg Lab Repairs & ReplacementWork Order Title:
Brief Scope:Lab repairs and replacement; including MEP, casework, flooring, ceiling work
Revised FinalPreliminaryX
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items
set forth below shall be considered part of this scope of work.
Scope of Work 4.22.21
- Protect floors and set up plastic to protect dust as needed. Install ram board.
- Provide dumpster as needed.
- Remove ceilings, demo cabinets and countertops, demo existing tile floors.
- Provide and Install new ceiling tiles.
- Cut trench for new drains and re-pour concrete to receive new tile floor.
- Provide and install new ceramic tile floor. Prep floor as needed to receive new tile floor.
- Paint and block the walls in lab, paint window frames, and door frames.
- Replace blinds
- Includes replacement of ceiling fixtures with 2x2 LED flat panel lights, the addition of one
emergency egress fixture, re-working of one outlet, the addition of another outlet and
disconnection and reconnection of two hoods. Recycling of existing lights is included.
- REMOVE THE PLUMBING FOR SINKS, FUME HOODS, DISH WASHER AND TURRETS FOR GAS, AIR AND VACUUM. SAW
CUT, REMOVE AND DISPOSE OF CONCRETE, RUN THE NEW DRAIN LINES FOR A FLOOR DRAIN, NEW SINK AND
RELOCATION OF TWO EXISTING SINKS. AFTER THE FLOOR IS PATCHED, NEW TILE INSTALLEDAND CABINETS SET, WE
WILL INSTALL THE NEW LAB FAUCETS AND TURRETS.
- X-ray concrete floor.
- Custom stainless steel cabinets, shelves, countertops and pegboards will be furnished and installed based on the sitewalk and
drawings provided.
- Shop drawings will be provided prior to fabrication
- Permits and permit fees excluded.
- Mechanical/Fire/Alarm/Communications excluded
Page 1 of 2
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Scope of Work
136
Item d.
Detailed Scope of Work Continues..
Work Order Title:
Work Order Number:091202.00
Town of Leesburg Lab Repairs & Replacement
Contractor Date
DateOwner
Page 2 of 2
4/26/2021
Scope of Work
137
Item d.
4.00
Contractor's Price Proposal - Summary
Owner PO #:
Town of Leesburg Lab Repairs & Replacement
091202.00
E194-88611IQC Master Contract #:
Work Order Number:
Work Order Title:
April 26, 2021Date:
FHP Tectonics CorpContractor:
Proposal Name:
$282,457.62
Town of Leesburg Lab Renovation
Proposal Value:
$47,693.4501 - General Requirements
$910.7302 - Site Work
$732.1503 - Concrete
$3,341.3907 - Thermal & Moisture Protection
$14,993.1609 - Finishes
$187,732.9312 - Furnishings
$11,746.1922 - Plumbing
$15,307.6226 - Electrical
This total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals and the proposal total is due to rounding.
$282,457.62Proposal Total
Page 1 of 1
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Contractor's Price Proposal - Summary
138
Item d.
5.00
Contractor's Price Proposal - Detail
Town of Leesburg Lab Repairs & Replacement
091202.00
E194-88611IQC Master Contract #:
Work Order Number:
Owner PO #:
Work Order Title:
April 26, 2021Date:
Contractor: FHP Tectonics Corp
Proposal Name:
$282,457.62
Town of Leesburg Lab Renovation
Proposal Value:
Labor
Sect.Item Modifer UOM Description Line Total
MaterialEquip.(Excluded if marked with an X)
01 - General Requirements
01 22 20 00-0006 CarpenterFor tasks not included in the Construction Task Catalog® and as
directed by owner only.
1 $4,320.61HR
Installation =x x $4,320.61
FactorUnit PriceQuantity Total
56.94 0.9485 80.00
Assistance in demoing and reworking existing ceiling grid and tiles, demoing floors and adapting to existing
conditions. Reworking floor around potential conduit and gas lines. Adapting to existing conditions
01 22 20 00-0009 Drywall FinisherFor tasks not included in the Construction Task Catalog® and
as directed by owner only.
2 $1,720.96HR
Installation =x x $1,720.96
FactorUnit PriceQuantity Total
56.70 0.9485 32.00
External hallway and room touch up once extent of demo damage known
01 22 20 00-0010 Electrician, Fire Alarm Technician, Building Automation Systems TechnicianFor
tasks not included in the Construction Task Catalog® and as directed by
owner only.
3 $4,416.22HR
Installation =x x $4,416.22
FactorUnit PriceQuantity Total
58.20 0.9485 80.00
Assistance in demoing existing fixtures, reworking outlets, disconnect of fume hoods, adapting to existing
conditions, reworking electrical lines
01 22 20 00-0015 LaborerFor tasks not included in the Construction Task Catalog® and as
directed by owner only.
4 $2,747.61HR
Installation =x x $2,747.61
FactorUnit PriceQuantity Total
36.21 0.9485 80.00
Assist in demolition of existing millwork, countertops, faucets. Assistance in installation of new millwork,
hauling of material in and out of laboratory due to no laydown area.
01 22 20 00-0019 Painter, OrdinaryFor tasks not included in the Construction Task Catalog® and
as directed by owner only.
5 $1,572.99HR
Installation =x x $1,572.99
FactorUnit PriceQuantity Total
41.46 0.9485 40.00
Assistance in painting new custom stainless steel millwork, touching up areas affected by work, and to help
paint and block walls in lab.
01 22 20 00-0024 PlumberFor tasks not included in the Construction Task Catalog® and as
directed by owner only.
6 $5,727.42HR
Installation =x x $5,727.42
FactorUnit PriceQuantity Total
75.48 0.9485 80.00
Assist in laying down new drain piping, demoing existing turrets and vacuum. Removing plumbing from
existing sinks, fume hoods, dish washer, and turrets. Relocation of two existing sinks, assistance in new
installation of faucets and turrets.
Page 1 of 7
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Contractor's Price Proposal - Detail
139
Item d.
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number:091202.00
Town of Leesburg Lab Repairs & Replacement
Proposal Name:
$282,457.62
Town of Leesburg Lab Renovation
Proposal Value:
Labor
Sect.Item Modifer UOM Description Line Total
MaterialEquip.(Excluded if marked with an X)
01 - General Requirements
01 22 20 00-0038 WelderFor tasks not included in the Construction Task Catalog® and as
directed by owner only.
7 $4,895.02HR
Installation =x x $4,895.02
FactorUnit PriceQuantity Total
64.51 0.9485 80.00
To assist in welding together separate pieces of custom stainless steel cabinetry onsite per custom
configuration requested
01 22 20 00-0052 Draftsman8 $2,530.14HR
Installation =x x $2,530.14
FactorUnit PriceQuantity Total
83.36 0.9485 32.00
Shop drawings for cabinets
01 22 23 00-1370 3/4 Ton, 4 x 4 Crew Cab Pickup Truck With Full-Time Truck Driver9 $10,841.62WK
Installation =x x $10,841.62
FactorUnit PriceQuantity Total
2,857.57 0.9485 4.00
Multiple mobilizations, driver included in daily clean up crew
01 71 36 00-0005 >4 To 8 Hours On Site, Electromagnetic (SIR/GPR) Survey, Earth, Concrete,
Masonry Or Asphalt
10 $3,702.79EA
Installation =x x $3,702.79
FactorUnit PriceQuantity Total
1,951.92 0.9485 2.00
GPR existing floor slab prior to installing new drain lines
01 71 36 00-0007 Standard Report For Electromagnetic (SIR/GPR) Survey, Earth, Concrete,
Masonry Or AsphaltIncludes a detailed description of the scope of work ,
inspection methods, and equipment used. Also includes visuals such as site
locations, images of data, and site photos.
11 $205.71EA
Installation =x x $205.71
FactorUnit PriceQuantity Total
216.88 0.9485 1.00
01 74 13 00-0002 Clean Miscellaneous Surfaces, Wipe Down With Mild Detergent12 $2,963.68CSF
Installation =x x $2,963.68
FactorUnit PriceQuantity Total
9.19 0.9485 340.00
Laboratory clean after install
01 74 19 00-0015 30 CY Dumpster (4 Ton) "Construction Debris"Includes delivery of dumpster,
rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material.
13 $2,048.68EA
Installation =x x $2,048.68
FactorUnit PriceQuantity Total
539.98 0.9485 4.00
$47,693.45Subtotal for 01 - General Requirements
02 - Site Work
02 41 19 13-0015 Saw Cut Minimum ChargeFor projects where the total saw cutting charge is
less than the minimum charge, use this task exclusively. This task should not
be used in conjunction with any other tasks in this section.
14 $493.01EA
Installation =x x $493.01
FactorUnit PriceQuantity Total
519.78 0.9485 1.00
Page 2 of 7
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Contractor's Price Proposal - Detail
140
Item d.
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number:091202.00
Town of Leesburg Lab Repairs & Replacement
Proposal Name:
$282,457.62
Town of Leesburg Lab Renovation
Proposal Value:
Labor
Sect.Item Modifer UOM Description Line Total
MaterialEquip.(Excluded if marked with an X)
02 - Site Work
02 41 19 13-0366 Demolish Concrete Or Stone Lintel15 $332.35LF
Installation =x x $332.35
FactorUnit PriceQuantity Total
11.68 0.9485 30.00
Floor trench for new drain pipe. Closest equivalent
02 41 19 16-0003 Scarify Concrete Floor16 $85.37SF
Installation =x x $85.37
FactorUnit PriceQuantity Total
0.15 0.9485 600.00
To prep for installation of new tile
$910.73Subtotal for 02 - Site Work
03 - Concrete
03 11 13 00-0005 Mat Foundation Wood Formwork17 $167.60SF
Installation =x x $167.60
FactorUnit PriceQuantity Total
5.89 0.9485 30.00
03 30 53 00-0007 Hand Mix And Place ConcreteFor use where conventional equipment access
is limited or when directed by the owner.
18 $544.06CF
Installation =x x $544.06
FactorUnit PriceQuantity Total
19.12 0.9485 30.00
03 35 13 00-0004 Broom, Concrete Floor Finish19 $20.49SF
Installation =x x $20.49
FactorUnit PriceQuantity Total
0.72 0.9485 30.00
$732.15Subtotal for 03 - Concrete
07 - Thermal & Moisture Protection
07 92 13 00-0014 3/4" x 3/4" Joint, Silicone Sealant And Caulking20 $3,341.39CLF
Installation =x x $3,341.39
FactorUnit PriceQuantity Total
489.28 0.9485 7.20
$3,341.39Subtotal for 07 - Thermal & Moisture Protection
09 - Finishes
09 30 13 00-0003 Less Than 8" x 8", Mounted, Floor TileIncludes glazed porcelain, unglazed
porcelain and glazed ceramic tiles. Tiles mounted from back, side or front in
12" x 12", 12" x 24", or similar sized sheets.
21 $6,561.72SF
Installation =x x $5,599.94
FactorUnit PriceQuantity Total
9.84 0.9485 600.00
Demolition x x =$961.78 1.69 0.9485 600.00
Specific color/style to be chosen by owner from provided samples
09 35 13 00-0002 Thin Set - Epoxy MortarImpact and chemical resistant.22 $2,350.38SF
Installation =x x $1,929.25
FactorUnit PriceQuantity Total
3.39 0.9485 600.00
Demolition x x =$421.13 0.74 0.9485 600.00
Page 3 of 7
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Contractor's Price Proposal - Detail
141
Item d.
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number:091202.00
Town of Leesburg Lab Repairs & Replacement
Proposal Name:
$282,457.62
Town of Leesburg Lab Renovation
Proposal Value:
Labor
Sect.Item Modifer UOM Description Line Total
MaterialEquip.(Excluded if marked with an X)
09 - Finishes
09 39 00 00-0013 9/16" Height, Aluminum Transition Trim For Tile (Schluter® RENO-T)23 $112.87LF
Installation =x x $112.87
FactorUnit PriceQuantity Total
2.38 0.9485 50.00
09 51 13 00-0003 2' x 2' x 3/4" Fiberglass Acoustical Ceiling Panel (Armstrong Optima®)24 $2,777.21SF
Installation =x x $2,646.32
FactorUnit PriceQuantity Total
4.65 0.9485 600.00
Demolition x x =$130.89 0.23 0.9485 600.00
09 53 23 00-0004 2' x 2' Grid, Hot Dipped Galvanized Steel, 15/16" T Bar Ceiling Suspension
System
25 $1,172.35SF
Installation =x x $1,007.31
FactorUnit PriceQuantity Total
1.77 0.9485 600.00
Demolition x x =$165.04 0.29 0.9485 600.00
New ceiling to be 2x2 grid
09 91 23 00-0058 1 Coat Primer, Brush Work, Paint Iinterior Plaster/Drywall Walls26 $594.90SF
Installation =x x $594.90
FactorUnit PriceQuantity Total
0.49 0.9485 1,280.00
09 91 23 00-0060 2 Coats Paint, Brush Work, Paint Interior Plaster/Drywall Walls27 $1,116.95SF
Installation =x x $1,116.95
FactorUnit PriceQuantity Total
0.92 0.9485 1,280.00
09 91 23 00-0239 Paint Interior Metal Door Frame And Trim, 1 Coat Primer, Brush/Roller Work28 $25.04LF
Installation =x x $25.04
FactorUnit PriceQuantity Total
0.60 0.9485 44.00
09 91 23 00-0241 2 Coats Paint, Brush/Roller Work, Paint Interior Metal Door Frame And Trim29 $54.67LF
Installation =x x $54.67
FactorUnit PriceQuantity Total
1.31 0.9485 44.00
09 91 23 00-0271 >14 To 20 SF Window Size, Paint Interior Metal Window Including Trim,
Brush/Roller Work
30 $227.07EA
Installation =x x $227.07
FactorUnit PriceQuantity Total
79.80 0.9485 3.00
$14,993.16Subtotal for 09 - Finishes
12 - Furnishings
12 21 13 33-0003 2" Slats, Vinyl Horizontal Louver Blinds31 $1,019.83SF
Installation =x x $1,019.83
FactorUnit PriceQuantity Total
8.96 0.9485 120.00
12 31 16 00-0028 36" Stainless Steel Base Cabinet, With Doors, Drawers And Lock32 $117,479.85EA
Installation =x x $112,115.26
FactorUnit PriceQuantity Total
3,581.90 0.9485 33.00
Demolition x x =$5,364.59 171.39 0.9485 33.00
Closest equivalent to custom made cabinets required for desired lab lay out. Shop drawings will be
provided for approval before fabrication
Page 4 of 7
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Contractor's Price Proposal - Detail
142
Item d.
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number:091202.00
Town of Leesburg Lab Repairs & Replacement
Proposal Name:
$282,457.62
Town of Leesburg Lab Renovation
Proposal Value:
Labor
Sect.Item Modifer UOM Description Line Total
MaterialEquip.(Excluded if marked with an X)
12 - Furnishings
12 31 16 00-0028 0002 For 16 Gauge Stainless Steel, Add33 $21,795.79MOD
Installation =x x $21,795.79
FactorUnit PriceQuantity Total
696.34 0.9485 33.00
12 31 16 00-0073 36"W x 12"D x 36"H Stainless Steel Wall Cabinet, With Doors And Locks34 $12,251.74EA
Installation =x x $11,775.88
FactorUnit PriceQuantity Total
1,773.61 0.9485 7.00
Demolition x x =$475.85 71.67 0.9485 7.00
Closest equivalent to custom made cabinets required for desired lab lay out. Shop drawings will be provided
for approval before fabrication
12 31 16 00-0073 0002 For 16 Gauge Stainless Steel, Add35 $2,327.21MOD
Installation =x x $2,327.21
FactorUnit PriceQuantity Total
350.51 0.9485 7.00
12 31 16 00-0098 16 Gauge Stainless Steel Countertop With Backsplash36 $22,930.75SF
Installation =x x $21,896.89
FactorUnit PriceQuantity Total
77.73 0.9485 297.00
Demolition x x =$1,033.86 3.67 0.9485 297.00
Closet equivalent to desired steel top to be covered with epoxy/rubber materal
12 31 16 00-0098 0005 For 14 Gauge Stainless Steel, Add37 $4,380.51MOD
Installation =x x $4,380.50
FactorUnit PriceQuantity Total
15.55 0.9485 297.00
12 31 16 00-0100 Cutout For Sink And/Or Faucet In Stainless Steel Countertop38 $329.74EA
Installation =x x $329.74
FactorUnit PriceQuantity Total
86.91 0.9485 4.00
12 31 16 00-0102 20 Gauge Stainless Steel Wall Panel39 $5,217.51SF
Installation =x x $4,281.91
FactorUnit PriceQuantity Total
25.08 0.9485 180.00
Demolition x x =$935.60 5.48 0.9485 180.00
Custom peg board with rods for beakers to hang similar to existing layout
$187,732.93Subtotal for 12 - Furnishings
22 - Plumbing
22 11 16 00-0876 4" Schedule 80 Chlorinated Polyvinyl Chloride (CPVC) Pressure Pipe40 $3,149.87LF
Installation =x x $3,149.87
FactorUnit PriceQuantity Total
30.19 0.9485 110.00
22 11 16 00-0876 0135 For Work In Restricted Working Space, Add41 $222.23MOD
Installation =x x $222.23
FactorUnit PriceQuantity Total
2.13 0.9485 110.00
Page 5 of 7
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Contractor's Price Proposal - Detail
143
Item d.
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number:091202.00
Town of Leesburg Lab Repairs & Replacement
Proposal Name:
$282,457.62
Town of Leesburg Lab Renovation
Proposal Value:
Labor
Sect.Item Modifer UOM Description Line Total
MaterialEquip.(Excluded if marked with an X)
22 - Plumbing
22 42 16 16-0053 24" x 24" Stainless Steel Sink With One Compartment And Drainboard, 14
Gauge Stainless Steel With Tubular Adjustable Legs (Advance Tabco
94-41-24-24L)
42 $5,162.72EA
Installation =x x $5,162.72
FactorUnit PriceQuantity Total
2,721.52 0.9485 2.00
Sinks placed in center islands per renovation plan
22 42 16 16-0065 Removal And Reinstallation Of Wall Hung Service Sink With Faucet43 $539.91EA
Installation =x x $539.91
FactorUnit PriceQuantity Total
284.61 0.9485 2.00
Closest equivalent to removal and reinstall (2) existing sinks
22 42 39 00-0092 6" Spout With Aerator And Vacuum Breaker, Wall Mount, Hot And Cold,
Laboratory Faucet (Chicago Faucet 940-VBE7-CP)
44 $783.64EA
Installation =x x $649.87
FactorUnit PriceQuantity Total
342.58 0.9485 2.00
Demolition x x =$133.77 47.01 0.9485 3.00
22 42 39 00-0104 Dual Service Lab Fitting With Chemical Resistant Coating And Plastic Cross
Handle, Two Gas And One Water Outlet (Chicago Faucet 1332-E22E7SAM)
45 $1,887.82EA
Installation =x x $1,767.34
FactorUnit PriceQuantity Total
621.10 0.9485 3.00
Demolition x x =$120.48 42.34 0.9485 3.00
$11,746.19Subtotal for 22 - Plumbing
26 - Electrical
26 01 20 91-0002 Lock Out/Tag Out Local Disconnect46 $168.00EA
Installation =x x $168.00
FactorUnit PriceQuantity Total
14.76 0.9485 12.00
26 01 20 91-0004 Lock Out/Tag Out Tags47 $39.61EA
Installation =x x $39.61
FactorUnit PriceQuantity Total
3.48 0.9485 12.00
26 05 19 13-0010 Dual, Direct Connected, Receptacle With Box48 $224.75EA
Installation =x x $224.75
FactorUnit PriceQuantity Total
236.95 0.9485 1.00
26 05 19 16-0003 Pull String Installed To Remain In Place, In Existing Conduit49 $23.43LF
Installation =x x $23.43
FactorUnit PriceQuantity Total
0.19 0.9485 130.00
26 05 33 13-0012 3/4" Electrical Metallic Tubing (EMT) Conduit Assembly With 5 #12 Copper
THHN And 1 #12 Copper Insulated Grounding ConductorIncludes conduit, set
screw connectors, set screw couplings, straps, wire as indicated. Not for
use where detail is available.
50 $3,762.00CLF
Installation =x x $3,762.00
FactorUnit PriceQuantity Total
639.72 0.9485 6.20
New electric circuits pulled back to service panel
Page 6 of 7
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Contractor's Price Proposal - Detail
144
Item d.
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number:091202.00
Town of Leesburg Lab Repairs & Replacement
Proposal Name:
$282,457.62
Town of Leesburg Lab Renovation
Proposal Value:
Labor
Sect.Item Modifer UOM Description Line Total
MaterialEquip.(Excluded if marked with an X)
26 - Electrical
26 05 33 23-0087 3" Diameter, Outlet Box (Wiremold #5733)51 $16.43EA
Installation =x x $16.43
FactorUnit PriceQuantity Total
17.32 0.9485 1.00
26 05 33 23-0282 Double Duplex Receptacle And Four RJ11/45 Modular Connector Cover
(Wiremold #4046DRJ-2)
52 $82.28EA
Installation =x x $82.28
FactorUnit PriceQuantity Total
86.75 0.9485 1.00
26 51 19 00-0024 2' x 2', 3,300 Lumens, Prismatic Lensed, Lay-In/Troffer LED Fixture (Lithonia
2TL2)
53 $10,538.88EA
Installation =x x $10,008.42
FactorUnit PriceQuantity Total
405.84 0.9485 26.00
Demolition x x =$530.46 21.51 0.9485 26.00
26 52 13 13-0056 50 Max Wattage At 90 Minutes, 12 Volt, 12" x 12" Polycarbonate Housing,
Glass Sealed-Beam Lamps, Recessed Emergency Light (Lithonia
ELR4)Includes lead-calcium batteries and two adjustable lamp heads.
54 $452.24EA
Installation =x x $452.24
FactorUnit PriceQuantity Total
476.79 0.9485 1.00
$15,307.62Subtotal for 26 - Electrical
$282,457.62
This total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals and the proposal total is due to rounding.
Proposal Total
Page 7 of 7
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Contractor's Price Proposal - Detail
145
Item d.
DGS-30-535
(Rev 07/20)
CO-9bJOC
Page 1 of 2
Job Order Authorization
Troy ItnyreFrom:Todd BurgreenTo:
$282,457.62Job Order Value:
E194-88611Contractor Number:
FHP Tectonics CorpContractor:
091202Project Code:
Town of Leesburg Lab Repairs & ReplacementTitle:
091202.00Job Order #:
04/26/2021Date:
Construction Engineer
FHP Tectonics Corp VIRGINIA DGS - Town of Leesburg
2010 Corporate Ridge
Suite 400
Mclean, VA 22102
25 West Market Street
Leesburg, VA 20176
Lab repairs and replacement; including MEP, casework, flooring, ceiling work
The scope of work for which construction services are to be performed under this Job Order is generally described as:
SCOPE OF WORK:
This Job Order Number is issued pursuant to the Term Contract between Owner and Contractor for Job Order Contracting ,
DGS-30-515, CO-9JOC dated 1/13/21 which is incorporated herein by reference.
Time for Completion:
The work shall be commenced on a date to be specified in a written order of the Owner and shall be Substantially
Completed within 8 Weeks calendar days or no later than the Contract Completion Date which is 07/30/2021. The work
shall be finally completed within thirty (30) days after the Substantial Completion of the Work.
N/A- Any additional Job Order-specific documents ...
N/A- Specifications dated ...
N/A- Drawings dated ...
4.22.21- Detailed Scope of Work dated ...
The General Conditions of the Construction Contract (CO-7) as supplemented by the Supplemental General Conditions for
Job Order Contracting shall apply to all Work performed under this Job Order .
In addition to the Contract Documents listed in the Term Contract for Job Order Contracting, the Contract Documents listed
below shall be incorporated into this Job Order as if fully set forth herein:
Contract Documents:
7.00
Page 1 of 2
4/26/2021146
Item d.
Work Order Title:
Work Order Number:091202.00
Town of Leesburg Lab Repairs & Replacement
Contract Amount:
The Contractor agrees to perform all construction required for the completion of the above-described Scope of Work required
by this Project Order for the lump sum amount of $282,457.62.
"All RISK" BUILDER'S RISK INSURANCE:
This Project is Owner Controlled During Construction. Contractor shall procure and maintain "all-risk" Builder's Risk
insurance as set forth in Section 12 of the General Conditions for a Site which is Owner controlled during construction.
By:
(Signature)(Date)
By:
(Signature)(Date)
Name:
Title:Title:
Name:
(Date)(Signature)
ATTEST:
(Date)(Signature)
ATTEST:
Contractor Owner
Page 2 of 2
4/26/2021147
Item d.
Job Order Contract
Job Order Proposal Request
Form CO-7b JOC DGS-30-525(Rev. 07/20)
Todd Burgreen
Construction Engineer
PO Box 2099
Purcellville, VA 20134-2099
To:
Date:
From:Troy Itnyre
Town of Leesburg
25 West Market Street
Leesburg, VA 20176
Apr 13, 2021
Project Name:
Project Number:
Project Location:
PROJECT IDENTIFICATION:1.
a.
b.
c.
Town of Leesburg Lab Repairs & Replacement
091202
Town of Leesburg Laboratory
2.TIME FOR COMPLETION:
Project Start Date:a.
Project Duration:b.
Substantial Completion Date:c.
8 Weeks
PROPOSAL DUE DATE3.
06/01/2021
07/30/2021
04/27/2021
Dear Todd Burgreen
The Job Order Proposal request consists of these instructions to the Contractor, the Detailed Scope of Work, and the
project specific Special Conditions. The General Conditions, Supplemental General Conditions, and any other requirements
of the Term Contract Between Owner and Contractor for Job Order Contracting shall apply unless specifically modified in the
project specific Special Conditions.
Additional Requirements:
DETERMINATION OF RESPONSIBILTY
The Contractor shall be prepared, if so requested by the Owner, to present evidence of his experience, qualifications
and financial ability to carry out the terms of the Job Order.
Prior to award of the Job Order, an evaluation will be made to determine if the Contractor has the capability, in all
respects, to perform fully the contract requirements and the moral and business integrity and reliability which will
assure good faith performance, and who has been prequalified, if required. Factors to be evaluated include, but are
not limited to:
4.
8.00
Page 1 of 2
4/26/2021148
Item d.
Work Order Title:
Work Order Number:091202.00
Town of Leesburg Lab Repairs & Replacement
sufficient financial ability to perform the contract as evidenced by the Contractor 's ability to obtain payment and
performance bonds from an acceptable surety;
appropriate experience to perform the work described in the Detailed Scope of Work;
any judgments entered against the Contractor, or any officers, directors, partners or owners for breach of a
contract for construction;
any substantial noncompliance with the terms and conditions of prior construction contracts with a public body
without good cause where the substantial noncompliance is documented; or
a conviction of the Contractor or any officer, director, partner, project manager,procurement manager, chief
financial officer, or owner in the last five years of a crime relating to governmental or nongovernmental construction
or contracting;
any current debarment of the Contractor, any officer, director or owner, from bidding or contracting by any public
body of any state, any state agency, or any agency of the federal government.
(a)
(b)
(c)
(d)
(e)
(f)
ATTACHMENTS:
Detailed Scope Of Work
Other Documentation
Other Documentation
a.
b.
c.
5.
Page 2 of 2
4/26/2021149
Item d.
May 25, 2021
Mr. Michael Regan, Administrator
United States Environmental Protection Agency
1200 Pennsylvania Avenue
Washington, DC 20460
Dear Mr. Regan,
On behalf of the Leesburg Town Council, we support the Jefferson County Foundation's (JCF)
letter dated May 17, 2021 requesting the Environmental Protection Agency use its authority to
stop the construction and postpone the operation of the Rockwool Mineral Wool Production
Facility in Ranson, West Virginia, until the West Virginia Department of Environmental
Protection (WVDEP) has issued a Prevention of Significant Deterioration (PSD) permit that
applies the protections required by the Clean Air Act (CAA).
Additionally, a decision by NCP Denmark (a Danish company), regarding its opinion of
Rockwool's method of operation in West Virginia, should be released in the coming weeks.
The Leesburg Town Council supports this effort by the Jefferson County Foundation to protect
the valuable resources of clean air and water, and to protect the health of West Virginia and
Virginia residents within proximity to the Rockwool Plant.
Sincerely,
Kelly Burk
Mayor, Town of Leesburg
Cc: Leesburg Town Council
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Item e.
Date of Council Meeting: May 24, 2021
TOWN OF LEESBURG
TOWN COUNCIL WORKSESSION
Subject: Council Planning Retreat – Work Plan
Staff Contact: Kaj H. Dentler, Town Manager
Council Action Requested: Confirm the Work Plan resulting from the Council Planning Retreat
held on April 24, 2021. See Attachment #1.
Staff Recommendation: Confirm the Work Plan for staff from the Council Planning Retreat held
on April 24, 2021. See Attachment #1.
Commission Recommendation: Not applicable.
Fiscal Impact: None.
Work Plan Impact: Dependent upon final Council direction. The items identified on the Work
Plan represent both significant work for staff both short term and long term. Some of the work such
as the zoning ordinance update and the economic development strategy will require professional
consulting support, but cost has not been determined at this time.
Executive Summary: The Leesburg Town Council held a planning retreat on April 24, 2021, and
five themes were identified from the discussion as a basis for developing a Work Plan through
December 2022. The main areas of focus include Economic Development, Town Plan,
Environment, Information Technology, and County Relations. See Attachment #2.
Background: Town Council held a planning retreat on April 24, 2021 to identify key goals through
the 2022 calendar year using a professional facilitator. As such, the main areas of focus include
Economic Development, Town Plan, Environment, Information Technology, and County
Relations. See Attachment #2.
Proposed Legislation:
RESOLUTION
Approval of a Work Plan and Authorizing the Town Manager to Proceed with Action Steps from
the April 2021 Council Planning Retreat
Draft Motions:
1. I move to approve the proposed RESOLUTION approving of a work plan and authorizing the
Town Manager to proceed with action steps from the April 2021 Council Planning Retreat.
REVISED
151
Item f.
Council Retreat – Quarterly Update
May 24, 2021
Page 2
2. I move to deny the proposed RESOLUTION approving of a work plan and authorizing the
Town Manager to proceed with action steps from the April 2021 Council Planning Retreat.
OR
3. I move an alternate motion.
Attachments:
1. Draft Resolution
2. Summary Chart Work Plan - Draft
3. Planning Retreat Notes/Minutes – Approved May 11, 2021
152
Item f.
PRESENTED: May 25, 2021
RESOLUTION NO. 2021- ADOPTED: _______________
A RESOLUTION : APPROVAL OF A WORK PLAN AND AUTHORIZING THE
TOWN MANAGER TO PROCEED WITH ACTION STEPS
FROM THE APRIL 2021 COUNCIL PLANNING RETREAT
WHEREAS, Town Council identified five overall themes and related actions as part of
a planning retreat that was held on April 24, 2021; and
WHEREAS, the themes are Economic Development, Town Plan Approval Process,
Environment, Information Technology, and County Relations; and
WHEREAS, the Town Council discussed a Work Plan for implementation by staff at
the May 24, 2021 Work Session; and
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that
the Town Manager is directed to proceed with the Work Plan as submitted by the Town
Manager at the May 24, 2021 Work Session with the following amendments:
1. Addition of discussing Emergency Management Preparedness at the September 13,
2021 Council Work Session.
PASSED this 25th day of May, 2021.
______________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
______________________________
Clerk of Council
REVISED
153
Item f.
Council Retreat – Work Plan
April 24, 2021
Revised Per Council Resolution No. ________ Dated 05/25/21
Category Work Plan Item When Assigned to Council Staff Point of Contact Status
Economic Development Virginia Main Street Program May 24th Work Session Russell Seymour
Monitor and attempt to understand
Commercial Space Demand Changes
and potential impacts on downtown
July 26th Work Session Russell Seymour
Reimagine the Mason Enterprise
Center
October 25th Work Session Russell Seymour
Consider creating a separate Economic
Development Authority for the Town
of Leesburg; examine costs and
perceived benefits
September 27th Work Session Russell Seymour
Promote Leesburg as an Intersection of
Art/Culture & History
June 7th Work Session Russell Seymour
Events – explore creating and
supporting community events for
residents and to attract visitors
August 9th Work Session Kate Trask
Promote the Solar Retrofit Program June 21st Work Session Russell Seymour/Rich Klusek Merged with Promotion on C-Pace
Program
Create and adopt an Economic
Development Strategic Plan to identify
issues and opportunities and suggest
goals, strategies, and actions
August 9th Work Session
Russell Seymour
154
Item f.
Council Retreat – Work Plan
April 24, 2021
Revised Per Council Resolution No. ________ Dated 05/25/21
Category Work Plan Item When Assigned to Council Staff Point of Contact Status
Town Plan Approval Process Council Discussion Starts In September September 13th Work Session Susan Berry Hill
Town Plan development update from
the Planning Commission and staff
June 7th Work Session Susan Berry Hill
Adopt the Plan by the End of the Year December 14th Council Meeting Susan Berry Hill
Staff briefing on
promoting/encouraging affordable
dwellings
June 21st Work Session
Susan Berry Hill Merged with Accessory Housing
Zoning Ordinance Update by End of
Calendar Year 2022
December 14th Council Meeting Susan Berry Hill
Environment Promote the Commercial Property
Assessed Clean Energy (C-PACE)
Program – County briefing
June 21st Work Session Russell Seymour/Rich Klusek Merged with Solar Retrofit
Open Space – Review goals and
standards (including tree canopy
requirements), including enforcement
July 12th Work Session Susan Berry Hill/Rich Klusek
Consider adoption of a plastic bag
ordinance
August 9th Work Session Renee LaFollette/Mike Watkins
Review Site Plan and Development
Standards for Environmental
Sustainability as Part of the Zoning
Ordinance Review and Amendment
July 12th Work Session Bill Ackman/Mike Watkins
Brief Council on the Recycling Program November 8th Work Session Renee LaFollette
155
Item f.
Council Retreat – Work Plan
April 24, 2021
Revised Per Council Resolution No. ________ Dated 05/25/21
Category Work Plan Item When Assigned to Council Staff Point of Contact Status
Information Technology IT Commission review and revise the
list of technology ideas; propose
priorities for Council’s consideration
August 9th Work Session Kuba Jedrzejczak
County Relations Arrange a joint meeting of the
governing bodies of the Town and
Loudoun County – Fall 2021 – to be
initiated by the Mayor and the Town
Manager
May 25th Work Session Kaj Dentler
Accountability Quarterly Progress Reports on the
workplan
May 24th Work Session
September 13 Work Session
January 22nd Work Session
Kaj Dentler
Hold a similar strategic planning
retreat every 2 years
Spring 2023 Kaj Dentler
Emergency Management
Preparedness
Work session discussion on Town’s
Emergency Management Plan and
public outreach
September 13th Work Session Joe Dame
156
Item f.
1
Leesburg Town Council Planning Retreat April 24, 2021
Ida Lee Park Recreation Center Retreat Notes
Mayor Burk called the meeting to order at 8:35 a.m. In addition to Mayor Kelly Burk, Vice Mayor Martinez, Council members Suzanne Fox, Neil Steinberg, Ara Bagdasarian, Zach Cummings, and Kari Nacy were present along with Town Manager Kaj Dentler, Deputy Town Manager Keith Markel, Town Attorney Chris Spera, and facilitator Kimball
Payne.
Mr. Payne welcomed everyone and reviewed the suggested goals for the retreat and the ground rules.
• Suggested goals for the retreat:
o Work as a team and develop consensus o Encourage input from all Council members o Identify major goals and priorities
o Identify objectives, with assigned responsibility and
timelines, to advance the goals o Craft a work plan for the next 18 to 24 months o Understand constraints to progress and identify means to overcome them
• Ground rules o Everyone participates; no one dominates o Engage
o Be honest
o Listen to each other o Respect different opinions o No idea is too outlandish o Seek to understand
o Ask questions
o Seek consensus (formal action at a future Council meeting) o Use the parking lot for issues that may evade consensus or require more background o Have fun
o We will take breaks when it seems appropriate Council accepted the goals and ground rules by consensus.
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Item f.
2
Council members were then asked to respond to the following questions: 1. What do you hope Council accomplishes by the end of today’s retreat?
The responses indicated that the previously identified goals of the retreat, identifying major strategic goals and priorities, identifying objectives with assigned responsibility and timelines, and crafting a work plan for the next 18-24 months were consistent with Council’s thinking.
2. You have been working together for about four months; how is it going? Have
there been any surprises? Please offer an observation. Is there anything that
we should address today?
Council members were positive about their working relationship since January, with no
surprises identified and nothing suggested for attention during the retreat. Mr. Payne then led Council through a review of the Town’s vision and mission
statements, and values that were included in the Fiscal Year 2021 Adopted Budget.
Vision
The Town of Leesburg will be a prosperous, fiscally sound, and family oriented
community with a full range of housing, business, cultural, and recreational
opportunities in a safe and attractive environment for residents, businesses, and
visitors.
Mission
The Town of Leesburg is dedicated to providing excellent municipal services that
enhance the quality of life for our diverse community.
Values
We value:
• Our taxpayers, residents, and customers • Civic pride
• Safe neighborhoods
• Town culture and heritage
• Entrepreneurship and innovation
• Parks and open spaces • The Historic District (Downtown)
• Fiscal responsibility
• Accountability
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Item f.
3
Mr. Payne acknowledged that Council probably didn’t spend any time during the budget process in discussing these statements and suggested that a retreat was a good time to reflect on the statements and determine if they still conveyed the appropriate message
about the Town of Leesburg. He pointed out that the statements gave an indication of
what was important in the community, and ideally, should provide guidance to deliberations and decisions in other areas such as the annual budget and the Town Plan. He asked Council if the vision, mission, and values included in the adopted budget were still relevant, identifying community priorities, and serving as a guide for
strategic planning.
During the subsequent discussion, Council, while generally agreeing on the continued relevance of the current statements, suggested that some change, or updating, might be appropriate. Thoughts expressed by Council members were captured on flip charts
#1 and #2, as follows:
• Distinct
• Infrastructure
• Values: o History o Arts & Culture
• Diversity
• Municipal Services - specificity
• Vision – “Family Oriented” – exclusive
• Vision – “Inclusive and Welcoming”
• Fiscal Resourcefulness
• Staff Adaptability There was a sense that one of the things that residents value about Leesburg is its distinctiveness from other communities, not only in Northern Virginia, but even more
broadly. The extent and quality of the public infrastructure is another notable feature of
the town. The additional values of history, arts and culture, fiscal resourcefulness, and staff adaptability were suggested during the discussion. Another suggestion was made to include more specificity in Town communications about the varied municipal services provided to citizens and visitors. Although the budget document does include more
specific information on Town services, it is less accessible to those seeking information.
One thought was to enhance the website to list the various municipal services and how citizens can utilize them. There was also some discussion about whether the term “family oriented” in the vision statement might be perceived as somewhat exclusive, for example, to both older and younger single individuals. One suggestion was to
substitute “inclusive and welcoming” for “family oriented.”
Although Council did not attempt to re-write the vision, mission, and values statements, it agreed that a periodic review was useful.
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Item f.
4
The focus of the retreat then shifted to the selection of topics, strategic goals, or what the facilitator referred to as the “big rocks,” that would provide the structure of a work plan for the next 18-24 months and beyond.
To seed that discussion, Mr. Payne reviewed with Council the issues that he heard when he interviewed members in preparation for the retreat, then planned for January. He noted that although some of the topics had aged out, many of the themes were still relevant and were consistent with those identified at Council’s February 22nd work
session.
A. What the Facilitator Heard During Interviews with Council Members in January Common Themes
• Vision for the Town of Leesburg in five to ten years
• Process for reception, review, and approval of the new Town Plan
• Roles and expectations of Council appointed Boards and Commissions
• Council’s Relationships and Effectiveness; Rules of Procedure
• FY 22 Budget goals and priorities Other Topics
• Vacant parcels, land development, land acquisition
• Economic development
• Quality of life (public safety, health, affordable housing)
• Planning public capital projects, CIP
• Minority community access to and involvement with the local government
• Post-COVID Leesburg
• Downtown business representation
• Boundary expansion
• Trails
• Parking
• Environmental programs
• Town/County relationship
• How to be more “business friendly”
• Burdensome regulations and processes, inefficiencies
• Emergency preparedness
• Code enforcement philosophy
B. Council Member Goals and Priorities - Common Themes, February 22, 2021 Council Work Session (with the top 3 themes in bold)
• Economic development and recovery from the impacts of the COVID-19 pandemic
• Environmental stewardship, sustainability, and open space preservation
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Item f.
5
• Boards and Commissions
• Public Communications and engagement
• Town Plan
• Council working relationship
• Quality of life (arts & culture district, redevelopment, streetscapes, beautification)
• Government efficiencies, and review of Town processes
Mr. Payne asked if anything was missing from the lists, what the priorities were for the day’s discussion, and suggested identifying “low-hanging fruit,” or proposed actions more easily and quickly accomplished.
Council input was captured on flip charts #3-#5.
Big Rocks
Environmental Responsibility; Reducing [the Town’s] Carbon Footprint;
[Being a] Role Model
Land Development and Redevelopment – Strategy
Economic Development – Recovery
Minority Outreach
[Being a] Prepared Town (suggesting a Value of Proactive Emergency
Preparedness)
Land Acquisition (Sewer Plant); Community Center
Town Plan Approval Process
Boards & Commissions
Economic Development
JLMA [Joint Land Management Area]
County Relations
Arts & Culture
Downtown (Advocate)
Mr. Payne pointed out that with a planned adjournment time of 2:00 p.m., even this list would have to be prioritized and he asked Council where it wanted to start. Economic Development was selected by consensus. The discussion was captured on flip charts #6 and #7. Action items are identified with an asterisk (*).
Economic Development
• Downtown o [Reconsider joining the Virginia] *Main Street Program – May 24th [work
session]
o [Monitor and attempt to understand] Commercial Space Demand Changes [and potential impacts on downtown]
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Item f.
6
During the discussion, Mr. Payne asked if Council had a clear understanding of the definition of “economic development” and what were its desirable benefits. Council members offered the following.
Define
• Tax Revenue
• Zero [vacant] Office Space
• Vitality
• Jobs
• Opportunity
• Quality of Life
• Wi-Fi Hot Spots Other ideas arose in the following discussion.
Incubator [to support Start-up businesses] – *Reimagine the [Mason
Enterprise] Center – [within the next] 6 mos. – Economic Development Director
EDA [consider creating a separate Economic Development Authority for the Town of Leesburg; examine costs and perceived benefits]
[Promote Leesburg as an] Intersection of Art/Culture & History
Small Business Support
*Events – explore creating and supporting [community] events [for residents and to attract visitors] – 3 months, Parks & Recreation
[Promote the] Solar Retrofit Program
[Create and adopt an] *Economic Development Strategic Plan [to identify
issues and opportunities and suggest goals, strategies, and actions] – staff and the EDC [Economic Development Commission] – [provide a] plan of approach [to the process in] 3 months; [adopt the] new plan in 1 year [It was acknowledged that this initiative might require the procurement of consultant
assistance.] Council took a break for lunch at 12:00 p.m. and reconvened at 12:45 p.m. The next topic addressed was how Council would go about the process of reviewing
and approving the new comprehensive plan, known as the “Town Plan,” currently being
developed by the Planning Commission. There was a short discussion affirming that the purpose of the Town Plan was to address land use and development, and not to provide broader strategic planning for the community. Nevertheless, the plan should be consistent with the Town’s vision, mission, and values statements.
Council also discussed the degree of citizen outreach and engagement, other than the required public hearing, that should be included in its review of the plan. There was a consensus that the public outreach and input had been robust as the consultant and
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Item f.
7
Planning Commission worked on the plan, and that there was probably no need to incorporate much more into the Council’s review and approval process.
Council then focused on the timeline for its review and important issues that it expected
the Town Plan to address. The major points of the discussion were captured on flip charts #8 and #9. Town Plan Approval Process
• Council discussion starts in September
• Update from the Planning Commission and staff on June 7th
• Adopt [the plan] by [the end of the year] E.O.Y.
• Concerns o User Friendly [possibly include an Executive Summary]
o *Affordable Dwelling[s] – staff briefing June 21st
o Density
o *Zoning Ordinance Update – End of Calendar Year 2022 o Consistency [of the] Town Plan and Zoning Ordinance o Sustainability (Environmental)
o Input from [the various] commissions [that are relevant]
o Open space At this point the facilitator pointed out that the adjournment time of 2:00 p.m. was quickly approaching, and asked Council what it wanted to address in the remaining time.
Council selected three topics: the environment, a list of topics advanced from the IT
Commission for Council’s consideration, and relations with Loudoun County. Discussion regarding the environment was captured on flip charts #10 and #11.
Environment
• Responsibility, Sustainability, Compatibility
• Promote the PACE [Commercial Property Assessed Clean Energy (C-PACE) Program] Solar Program – *County briefing – June 21st [work session]
• Open Space – *Review goals and standards (including tree canopy [requirements]), [including] enforcement – July 12th [work session]
• [Consider adoption of a] *Plastic bag ordinance – August 9th [work session]
• *Review site plan and development standards for environmental sustainability [as part of the Zoning Ordinance review and amendment]
• *Brief Council on the Recycling Program – [within] 6 mos.
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Item f.
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Discussion of the last two items was captured on flip chart #12. I.T [Information Technology]
Council member Steinberg shared with Council a list of technology ideas that the IT Commission had prepared for Council’s consideration. The list of twenty-one initiatives was briefly reviewed. Council agreed to the following action:
• *[IT] Commission review and revise the list; propose priorities [for Council’s consideration] – [within] 3 mos.
JLMA and County Relations
• Annexation
• Joint governing bodies meeting – Fall 2021 [to be initiated by the Mayor and
Manager] As the retreat drew to a close, Mr. Payne asked what steps should be taken to ensure the proper follow-up on actions identified by Council. Flip chart #13 captured the
suggestions.
Accountability
• Quarterly Progress Reports
• [Hold a similar strategic planning] Retreat every 2 years With that, the retreat wrapped up. Mr. Payne said that he would write up notes for the
retreat and share them with the Town Manager for review. The notes could serve as
the minutes of the Council meeting and may be adopted as appropriate. Mr. Payne thanked the Council for its engagement and the opportunity to be of service to the Town. Council members expressed their appreciation to Mr. Payne for his
facilitation of their discussion.
The meeting adjourned at 1:45 p.m.
164
Item f.
9
Town of Leesburg 2021 Work Plan
Economic Development
• Downtown
o Reconsider joining the Virginia Main Street Program – May 24th work session
briefing by staff
o Monitor and attempt to understand Commercial Space Demand Changes and potential impacts on downtown
• Reimagine the Mason Enterprise Center – within the next 6 months – Economic
Development Director
• Consider creating a separate Economic Development Authority for the Town of Leesburg; examine costs and perceived benefits
• Promote Leesburg as an Intersection of Art/Culture & History
• Events – explore creating and supporting community events for residents and to attract visitors – within 3 months, Parks & Recreation
• Promote the Solar Retrofit Program
• Create and adopt an Economic Development Strategic Plan to identify issues and opportunities and suggest goals, strategies, and actions – staff and the Economic Development Commission – provide a plan of approach to the process in 3 months; adopt the new plan in 1 year
Town Plan Approval Process
• Council discussion starts in September
• Update from the Planning Commission and staff on June 7th
• Adopt the plan by the end of the year, December 2021
• Staff briefing on promoting/encouraging affordable dwellings –June 21st work session
• Zoning Ordinance Update – EOY 2022 Environment
• Promote the Commercial Property Assessed Clean Energy (C-PACE) Program – County briefing – June 21st work session
• Open Space – Review goals and standards (including tree canopy requirements), including
enforcement – July 12th work session
• Consider adoption of a plastic bag ordinance – August 9th work session
• Review site plan and development standards for environmental sustainability as part of the
Zoning Ordinance review and amendment
• Brief Council on the Recycling Program – within 6 months
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Item f.
10
Information Technology
• IT Commission review and revise the list of technology ideas; propose priorities for Council’s consideration – within 3 months County Relations
• Arrange a joint meeting of the governing bodies of the Town and Loudoun County – Fall 2021 – to be initiated by the Mayor and the Town Manager Accountability
• Quarterly Progress Reports on the workplan
• Hold a similar strategic planning retreat every 2 years
Work Plan Timeline
Upcoming Council Meetings or Work Sessions
• Reconsider joining the Virginia Main Street Program – May 24th
• Town Plan development update from the Planning Commission and staff – June 7th
• Staff briefing on promoting/encouraging affordable dwellings –June 21st
• County briefing and discussion on how to promote the Commercial Property Assessed
Clean Energy (C-PACE) Program – June 21st
• Review open space goals and standards (including tree canopy requirements), including enforcement – July 12th
• Consider adoption of a plastic bag ordinance – August 9th
• Council review and discussion of the new Town Plan starts in September Within 3 months (August 1, 2021)
• Explore creating and supporting community events for residents and to attract visitors – Parks & Recreation
• Provide a plan of approach to the creation and adoption of an Economic Development
Strategic Plan – Economic Development Director
• IT Commission review and revise the list of technology ideas; propose priorities for Council’s consideration
• Quarterly report on work plan progress
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Item f.
11
Within 6 months (November 1, 2021)
• Reimagine the Mason Enterprise Center – Economic Development Director
• Brief Council on the Recycling Program
• Arrange a joint meeting of the governing bodies of the Town and Loudoun County – to
be initiated by the Mayor and the Town Manager
• Quarterly report on work plan progress By December 31, 2021
• Council adoption of the new Town Plan
Within 1 year (May 1, 2022)
• Create and adopt an Economic Development Strategic Plan to identify issues and opportunities and suggest goals, strategies, and actions
• Continue quarterly reports on work plan progress By December 31, 2022
• Review, update, and adoption of a revised Zoning Ordinance, consistent with the new Town Plan; include a review of site plan and development standards for environmental sustainability
Spring 2023
• Hold another planning retreat
Undetermined
• Monitor and attempt to understand Commercial Space Demand Changes and potential impacts on downtown
• Consider creating a separate Economic Development Authority for the Town of Leesburg; examine costs and perceived benefits
• Promote Leesburg as an Intersection of Art/Culture & History
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Item f.
Date of Council Meeting: May 24, 2021
TOWN OF LEESBURG
TOWN COUNCIL WORK SESSION
Subject: Arts and Cultural District – Wayfinding System and Murals on Private Buildings
Staff Contact: Kate Trask, Deputy Director of Parks and Recreation
Renee LaFollette, Director of Public Works and Capital Projects
Michael Watkins, Zoning Administrator
Leah Kosin, Assistant Public Information Officer
Council Action Requested: (1) Approve a Wayfinding system for the Arts and Cultural District
that does not include banners on private buildings. See Attachment #2. (2) Provide direction on the
zoning ordinance for murals on private buildings.
Staff Recommendations:
(1) Approval of a Wayfinding system for the Arts and Cultural District that does not include banners
on private buildings for implementation in phases as identified below. See Attachment #2.
Phase I – Launch
Banners to be installed on existing poles in the Arts and Cultural District.
Small Arts and Cultural District logo signs mounted on current Town wayfinding signs.
Complete by July 1, 2021.
Phase II – Fill in More Holes
Sidewalk inlays to be installed to mark borders where banners or signs are not possible.
Locations for the installation of new wayfinding poles to be identified.
Install supplemental guide signs on entrance routes to Town.
All work completed by January 2023. Some elements should be completed sooner.
Phase III – Maintain the District
Additional banner locations to be identified as sidewalk replacements are completed in
Fiscal Years 2023 and 2024 for East and West Market Street, West Loudoun Street, and
North King Street.
Annual maintenance of banners, signs, and brick inlays by the Department of Public
Works and Capital Projects starting in Fiscal Year 2023.
(2) Provide direction regarding the permissibility of murals on private buildings. Council will need
to initiate changes to the Zoning Ordinance to permit murals on private buildings.
REVISED
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Item g.
Arts and Cultural district – Wayfinding Signs and Banners on Private Buildings
May 24, 2021
Page 2
Commission Recommendation: The Commission on Public Arts supports the proposed
Wayfinding system for the Arts and Cultural District, and supports murals on private buildings.
Fiscal Impact: The cost of the Wayfinding system for the Arts and Cultural District is estimated
to be $10,000 for Phase I, and is already included in the current Fiscal Year 2021 budget.
The cost for Phase II and Phase III is approximately $30,000 each year. This amount is covered in
the approved Fiscal Year 2022 budget by using general downtown improvement funding intended
for replacement of benches and trash cans. The same funding source can used in Fiscal Year 2023.
Additional funding in the amount of $5,000 will be needed for annual maintenance by the
Department of Public Works and Capital Projects starting in Fiscal Year 2023. This would be an
increase to the base line budget.
Work Plan Impact: A Wayfinding system for the Arts and Cultural District will minimally
increase work for the departments of Parks and Recreation and Public Works & Capital Projects.
Planning and design work will be the most extensive amount of time which can be absorbed within
the current workload. Zoning text amendments are incorporated into the work plan of the
Department of Planning and Zoning. Since there are several text amendments already being
developed at this time, the work load of Planning and Zoning staff will increase if Council initiates
a text amendment to consider murals on private buildings.
Executive Summary: Over the last year, the Commission on Public Arts (COPA) has worked with
Town staff to promote the Arts and Cultural District. Several key steps, such as creating a logo,
have been achieved, and implementation of a Wayfinding system by Town staff is now needed. In
addition, COPA has recommended the installation of murals on private buildings which will
require a Zoning Ordinance text amendment initiation by Council.
Background:
Issue #1 - Wayfinding System: The Commission on Public Art (COPA) was formed in 2006. The
Town Council adopted the Arts and Cultural District in March of 2011 as an economic stimulus
to attract art and entertainment businesses to downtown Leesburg. COPA led the effort to develop
a marketing campaign to promote the Arts and Cultural District (ACD) to both businesses and
visitors.
In 2019, COPA, in partnership with the Town and Visit Loudoun, developed a marketing strategy
that had two goals: 1) a promotional campaign for businesses, and 2) a street banner plan for
identifying the ACD. As part of this effort, the group developed an ACD logo that was approved
by Town Council on February 25, 2020 per Resolution No. 2020-034. The respective Resolution
referenced the Town’s intent to install the banners on poles identified within the ACD. See
Attachment #3.
The light poles throughout the ACD are owned by different entities including the Town, Verizon,
and Dominion Energy. For a number of reasons, permission was not granted for the majority of
Dominion Energy poles that COPA had previously identified for banners. The location of
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Arts and Cultural district – Wayfinding Signs and Banners on Private Buildings
May 24, 2021
Page 3
approved poles left ‘holes’ in the street banner plan that needed to be addressed with alternative
formats.
On March 23, 2021, COPA provided Town Council with an annual update that included the status
of the street pole banner project. At this meeting, Town Council asked staff for future work session
discussions on the possibility of identifying the ACD with directional signs along the Route 7
bypass, East Market Street, and other entry points to the downtown, and allowing placing banners
on private buildings. However, COPA is no longer interested in placing banners on private
buildings.
As COPA and staff developed additional ideas to promote the ACD, it was quickly realized that
the design, implementation, and ongoing maintenance of a Wayfinding system would be best
managed by Town staff. By doing so, COPA can focus on other objectives to bring more public
art, entertainment options, and cultural business to downtown.
Issue #2 - Murals on Private Buildings: In the Town of Leesburg Zoning Ordinance (TLZO), murals
are defined as a sign. Sec. 18.1.110.1 defines a mural as:
A graphic painted on or affixed to the exterior of a public [emphasis added] building or
wall generally for the purposes of decoration or artistic expression, including but not
limited to painting, fresco, or mosaic not interpreted by the Zoning Administrator to
contain a commercial message and installed following the Public Art Policy as reviewed
and approved by the Leesburg Commission on Public Art in accordance with Leesburg
Public Art Guidelines.
The definition limits murals to public buildings only. This definition does not currently permit
murals on private buildings. The Zoning Ordinance is also silent on the permissible size or area of
a mural.
On September 23, 2008, Town Council established Public Art Guidelines which was revised by
Council on March 27, 2018 per Resolution No. 2018-046. See Attachment #4. These guidelines
include criteria for the selection of artists, the maintenance of documentation, payment practices,
competition procedures, and the maintenance of the art works which is administered by the
Commission on Public Art (COPA).
Within the Public Art Guidelines, a mural is defined as a Work of Art.
Any work of visual art, including but not limited to, a drawing, painting, mural,
fresco, sculpture, mosaic, photograph, work of calligraphy, work of graphic art
(including an etching), works in clay, textile, fiber, wood, metal, plastic, glass, and like
materials, or mixed media (including a collage, assemblage, or any combination of the
foregoing art media). For projects which involve no structure, "Work of Art" may
include a combination of landscaping and landscape design (including some natural
and manufactured materials such as rock, fountains, reflecting pools, sculpture, screens,
benches, and other types of street furniture). Except as provided herein, the term "Work
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Arts and Cultural district – Wayfinding Signs and Banners on Private Buildings
May 24, 2021
Page 4
of Art" does not include environmental landscaping or ephemeral arts such as dance,
voice, music or poetry unless expressed in a manner defined above.
Some jurisdictions in the Commonwealth do not define murals, or define murals as art and not a
sign. Those places that define murals expressly prohibit murals from containing commercial
messaging. Most jurisdictions have not codified their mural policies, but rely on a public art
commission. One such locality is the City of Roanoke. This city does not administer any
regulations for murals on private property. They are however developing a licensing program for
murals on public buildings. The program would require approval of a license initially reviewed by
a public art commission, and includes a requirement to secure funding from three different
sources: the city, the property owner, and the neighborhood. The reason for the varied funding
sources is to engage the community for support of the public art project. Their license proses to
include a ten year maintenance agreement. This pilot program has not yet been codified though.
Friends of Leesburg Public Arts (FOLPA) is a nonprofit organization established to preserve,
promote and provide funding for public art in the Town. Funding of art can include gifts, donations,
and public and private grants.
Generally, the process of approving public art includes:
1. Need, opportunity, funding for Public Art identified
2. Art Advisory panel convened
3. Art Advisory Panel recommends Artist, design and budget to COPA
4. COPA reviews recommendation with input from other commissions and staff members
5. COPA votes to endorse Art Advisory Panel recommendation
6. Town Council presentation – the Town Council endorses proposed Public Art
7. Artist is contracted
8. Work of Art created / installed
For those art projects located within the Old and Historic District, COPA makes a presentation to
the Board of Architectural Review (BAR). In response, the BAR prepares a nonbinding
recommendation to Council.
Proposed Legislation:
RESOLUTION
Approval of a Wayfinding System for the Arts and Cultural District and Initiation of a Zoning
Ordinance Text Amendment to Consider Murals on Private Buildings
Draft Motions:
1. I move to approve the proposed RESOLUTION Approving a Wayfinding System for the Arts
and Cultural District and Initiation of a Zoning Ordinance Text Amendment to Consider Murals
on Private Buildings
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Arts and Cultural district – Wayfinding Signs and Banners on Private Buildings
May 24, 2021
Page 5
2. I move to deny the proposed RESOLUTION a Wayfinding System for the Arts and Cultural
District and Initiation of a Zoning Ordinance Text Amendment to Consider Murals on Private
Buildings
OR
3. I move an alternate motion.
Attachments:
1. Draft Resolution
2. Proposed Wayfinding System for the Arts and Cultural District
3. Resolution No. 2020-034 – Logo for Arts and Cultural District
4. Resolution No. 2018-046 - Public Art Guidelines
5. Town of Leesburg Public Art Guidelines
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PRESENTED: May 25, 2021
RESOLUTION NO. 2021- ADOPTED: ____________
A RESOLUTION : APPROVAL OF A WAYFINDING SYSTEM FOR THE ARTS
AND CULTURAL DISTRICT
WHEREAS, the Commission on Public Art (COPA) recommends a Wayfinding
System to promote the Arts and Cultural District; and WHEREAS, Town staff
recommends a Wayfinding system for the Arts and Cultural District that does not include
banners on private buildings with implementation in phases; and
WHEREAS, COPA has $10,000 in available Fiscal Year 2021 funding to commence
Phase I installation of the Wayfinding System; and
WHEREAS, Town staff has identified a funding source in the amount of $30,000 in the
adopted Fiscal Year 2022 budget to implement Phase II installation of the Wayfinding System
installation; and
WHEREAS, funding in the amount of $30,000 will be needed in the Fiscal Year 2023
budget to complete Phase III installation of the Wayfinding System, and $5,000 will also be
needed annually starting in Fiscal Year 2023 in order for the Department of Public Works to
maintain the Wayfinding system.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
1. A Wayfinding System for the Arts and Cultrual District is hereby approved for the
Arts and Cultural District to be installed and managed by Town staff.
2. The Commission on Public Art is approved to use $10,000 in available funding from
their Fiscal Year 2021 budget to commence Phase I installation of the Wayfinding
System.
REVISED
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Item g.
A RESOLUTION: APPROVAL OF A WAYFINDING SYSTEM FOR THE ARTS AND
CULTURAL DISTRICT AND INITIATION OF A ZONING
ORDINANCE TEXT AMENDMENT TO CONSIDER MURALS ON
PRIVATE BUILDINGS
-2-
3. The Town Manager is authorized to use $30,000 in available funding from the
Adopted Fiscal Year 2022 budget to commence Phase II installation of the
Wayfinding System within the Arts and Cultural Distrcit.
4. The Town Manager is directed to include $30,000 in the Proposed Fiscal Year 2023
budget for future consideration by Council to commence Phase III installation of the
Wayfinding System.
5. The Town Manager is directed to include $5,000 in the Proposed Fiscal Year 2023
budget for future consideration by Council in order for the Department of Public
Works to annually maintain the Wayfinding System within the Arts and Cultural
District.
PASSED this 25th day of May, 2021.
______________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
______________________________
Clerk of Council
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Item g.
Arts and Cultural District
Adopted March 8, 2011
Within HD 1
Outside HD 1
Sidewalk Markers: inlaid engraved stone
Wayfinding Poles: sign below existing sign
TOL Poles: banner
Approved Dominion Poles: banner
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Item g.
W Loudoun & Liberty W Market across from garage entrance
N King near corner of Market
East Market & Church East Market by Courthouse
Harrison St. across from Raflo East Market by Good Year
Catoctin Circle & East First St
South King & Loudoun
E Loudoun St near King St E Loudoun & Church St E Loudoun in front of 14 Loudoun St
Wayfinding signs marked on map
6” x 12” on each
wayfinding sign’s
pole beneath the
existing sign.
W Loudoun across from Lassiter Way
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Item g.
Sidewalk Markers—inlaid engraved stone marked on map
Wirt & Cornwall (2)
Liberty & W Loudoun (1) on north side, opposite
wayfinding sign
Harrison & Edwards Ferry Rd (3)
Cornwall & N King (2)
S King & South (1) at corner of Georgetown Park
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Item g.
TOL Poles: banners marked on map
Corner of Loudoun Street and Harrison Street
Loudoun Street across street from Mom’s Apple Pie in front of Eyetopia
Harrison Street at corner of W&OD Trail in front of Raflo Park
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Item g.
Approved Dominion Poles: banners marked on map
Harrison Street near Catoctin
Corner of Catoctin Circle and W&OD Trail north
of car wash on same side of street
Corner of Catoctin Circle and Edwards Ferry Rd
Catoctin Circle rear S King St in front of Thai restaurant
Catoctin Circle in front of Post Office truck parking lot
Catoctin Circle in front of Moose Lodge
Corner of Royal Street and Liberty Street
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Item g.
The Town of
Leesburg,
Virginia PRESENTED: February 25, 2020
RESOLUTION NO. 2020-034 ADOPTED:February 25, 2020
A RESOLUTION: APPROVING A NEW LOGO FOR THE ARTS AND CULTURAL DISTRICT
AS PART OF THE REBRANDING EFFORTS OF THE COMMISSION ON
PUBLIC ART
WHEREAS,the Town Council is committed to supporting performing and visual arts
activities within the Town of Leesburg; and
WHEREAS,the Commission on Public Art is working with Visit Loudoun, Leesburg's
Department of Economic Development, Parks and Recreation, and several other groups and
organizations to promote the arts in Leesburg; and
WHEREAS,the Commission on Public Art has endorsed a new Arts & Cultural District
logo as part of its rebranding efforts; and
WHEREAS, the logo will be used on all items promoting the Arts & Cultural District
including banners that will identify the district's boundaries within the historic downtown, and
WHEREAS, Town staff will install banners on light poles that have been approved
throughout the Arts & Cultural District which will further support the local business community
and the Town's overall economic development and tourism position.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that the
new logo is endorsed to further promote the arts in Leesburg.
PASSED this 25th day of February, 2020.
Kelly Bu , M r
Town of Leesburg
ATTEST:
411,0,
Clerk of Council
LF\LeesburgRMS\Town_Clerk\Resolutions\2020\0225 Arts&Cultural District Rebranding and New Logo Design
184
Item g.
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185
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Town of Leesburg Public Art Guidelines Page 1 of 9
March 2018
Town of Leesburg Public Art Guidelines
(Adopted by Town Council on September 23, 2008 with Resolution 2008-148, revised by Town Council on March 27, 2018, with Resolution No. 2018-040)
Public art enhances the Town of Leesburg’s (“Town”) identity as a community. It
can build our sense of Town pride, enrich the quality of our lives, and publicly
demonstrate that the Town values art and creativity in the community. Public art fulfills
these purposes in a myriad of ways: by improving our experience of public spaces
through excellent and harmonious design; by sensitively preserving or highlighting
vistas; by introducing surprising, enlivening, or mirthful elements into otherwise ordinary
spaces; by engaging us with insightful interpretations of our community's activities,
aspirations, and history; by giving individuals, families, and children a shared cultural
experience; and finally, by making us smile about, reflect on, or appreciate some aspect
of our lives or world.
In sum, public art has the capacity to humanize our urban and suburban
environments. In recognition of the importance of integrating public art into the daily
lives of the residents of the Town, the Town Council supports a strong public art
program. To this end the Town Council hereby establishes the Town of Leesburg Public
Art Guidelines ("Guidelines") with the following goals in mind:
• To create exciting, appealing, and harmonious public spaces and buildings by
integrating art into architecture, urban design and the planning of infrastructure at
the earliest design stage;
• To celebrate our community's heritage, ethnic diversity, commonality, and
civic pride. To build a public art collection that contributes to the pride and
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Town of Leesburg Public Art Guidelines Page 2 of 9
March 2018
enjoyment of citizens, visitors and workers, and creates a positive emotional
connection to the community as a special place;
• To enhance the Town’s image locally, regionally and nationally by insuring
the creation of the highest quality public art;
• To foster the public's understanding and enjoyment of public art;
• To stimulate collaboration between artists and the citizens of the Town; and
• To encourage federal, state and private support for the Town's public art
program.
Through these Guidelines, the Town Council seeks to promote opportunities for creating
exciting and attractive public spaces that are used and enjoyed by Town residents,
workers and visitors.
I. Definitions:
1. Acquisition – The addition of a work of art for the Town’s permanent art collection,
whether by commission, purchase, gift, or other means.
2. Art Advisory Panel – The panel convened by the Commission on Public Art to
review a specific project, select an artist to be commissioned and/or an artwork to be
purchased. A list of qualified art professionals/practitioners is compiled by the
Commission on Public Art and referred to when panelists are required.
3. Artist – Students of art; professional or academic in nature.
4. BAR – Board of Architectural Review.
5. Commission on Public Art (COPA) – A Town commission created to support the
development of a public art program and the expansion of public access to and
participation in the arts in the Town, the members of which are appointed by the
Town Council and serve in an advisory capacity to the Town Council.
6. Friends of Leesburg Public Arts (FOLPA) – A non-profit membership
organization established to preserve, promote and provide funding for public art in
the Town, including art projects submitted by the Town’s Commission on Public Art.
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March 2018
7. Privately-Owned Property – Facilities or grounds which are not the property of the
Town or Loudoun County but on which Town art projects may be sited.
8. Public Art – Original or limited multiple edition works of art that are accessible on public property and that may possess functional as well as aesthetic qualities (see
Work of Art for further clarification).
9. Public Art Collection – The entirety of Public Art in municipal places that have
been acquired by the Town.
10. Public Art Guidelines – These guidelines adopted by the Town Council to establish
criteria for the selection of artists and works of art, maintenance of a file of interested
artists, payment practices, procedures for artistic competitions, and requirements for
the maintenance of art works.
11. Public Art Program – the entity and the activities including the Commission on
Public Art and appropriate Town Staff, which develop and implement the purpose
and goals of the Public Art Program, following Town policies and procedures.
12. Special Exception Projects – The Town’s Zoning Ordinance distinguishes between
uses permitted “by right” and uses allowed by “special exception”. Site plan
approval and use permits are two forms of special exception that require a public
review process and include specific conditions of approval imposed by the Town
Council.
13. Town Council – The Town Council members of the Town of Leesburg.
14. Town Facility – Publicly-accessible facilities owned and operated by the Town; this
may include buildings, parks, public spaces or public works which are physically or visually accessible to the general public.
15. Work of Art – Any work of visual art, including but not limited to, a drawing,
painting, mural, fresco, sculpture, mosaic, photograph, work of calligraphy, work of
graphic art (including an etching), works in clay, textile, fiber, wood, metal, plastic, glass, and like materials, or mixed media (including a collage, assemblage, or any
combination of the foregoing art media). For projects which involve no structure,
"Work of Art" may include a combination of landscaping and landscape design
(including some natural and manufactured materials such as rock, fountains,
reflecting pools, sculpture, screens, benches, and other types of street furniture). Except as provided herein, the term "Work of Art" does not include environmental
landscaping or ephemeral arts such as dance, voice, music or poetry unless expressed
in a manner defined above.
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March 2018
II. Goals for the Public Art Program:
In developing the Public Art Collection of the Town, the Commission on Public Art
(“COPA”) and the Town Council have established these goals to guide the Public Art Program:
To create exciting, appealing, and harmonious public spaces by integrating
architecture, design and the planning of infrastructure at the earliest design stage.
To celebrate our community’s heritage, ethnicity, commonality and civic pride by
stimulating collaboration and understanding between Artists and the Town’s
diverse community.
To enhance the Town’s image locally, regionally and nationally by insuring the
creation of the highest quality of Public Art.
To foster the public’s understanding and enjoyment of Public Art.
To encourage federal, state and private support for the Town’s Public Art
Program.
III. Eligible Public Art
All Public Art commissioned or acquired under the Public Art Program shall be designed,
or the process facilitated, by an Artist or if by a team that includes an Artist. Public Art
may include, but is not limited to:
A. Design work provided by an Artist to be incorporated into a public construction
project, including but not limited to:
Interior or exterior surfaces, fixtures and functional elements.
Outdoor design elements in areas such as plazas, arcades, vehicular or pedestrian
passageways, landscape architecture and landscape design elements.
Artistic design of transportation depots–related features, recreation trails, transit system improvements, public works facilities or other infrastructure.
B. Forms of visual art such as, but not limited to:
Any of the following forms or types: bas-relief, mobiles, fountains,
environmental, kinetic, electronic, etc., in any material or combination of
materials;
Painting in all media, including portable and permanently affixed works such as murals and frescoes;
Printing and drawing, including media such as photography, film, graphic arts,
any print media (e.g. lithography, etching, etc), drawing, and calligraphy;
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March 2018
Ceramic, fiber and textiles, wood, metal, plastics, glass, stone, mosaics and other
materials.
Technological media that may develop through artistic pursuit or adaptation of digital, audio, video or graphic media; use of lighting, or the internet.
Mixed media that is any combination of forms and media.
IV. Guidelines for Funding Methods: Various funding methods will be initiated and evaluated by COPA. The funding
recommendation is the responsibility of COPA and will be included in any plans for any
Work of Art presented to the Town Council.
Gifts and Donations Contributions for Public Art received in conjunction with a rezoning project may include
funding for a specific art project in a proposed development or a contribution to support
the Town’s Public Art Program.
Donations/Private Entity The Town may negotiate for the inclusion of an art amenity as part of the rezoning
process. If Public Art is a component of a rezoning, then COPA shall review the Public
Art proposal subsequent to the rezoning application.
Community Initiated Projects As currently exists through other Town funding sources, a Town community group or
neighborhood association may propose a Public Art project.
Percentage for Art Fund With the goal of Public Art in our community, innovative solutions to provide funding
and integrating art into capital improvement projects throughout the Town of Leesburg
are being sought. It is COPA’s goal to be given the opportunity as part of the Town
budget approval process to make recommendations to the Town Council regarding
funding opportunities for Public Art.
Program projects may be considered by the Town Council for reservation of funding for
Public Art. However, the base from which the art fund is calculated shall exclude grant
funds for which the Town provides a local match, bond funds which do not allow such a
use, and any other funds whose source would prevent their use for Public Art. Other Funding Sources
COPA will be active in applying for non-Town public, private funds, and grants to
support Public Art projects as appropriate. Individuals, businesses and organizations will also be encouraged to make contributions to the Town for Public Art projects.
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March 2018
V. Procedures for Selection and Acquisition of Works of Art:
Town-Initiated Projects
In general, Town-Initiated Projects will be located on sites identified as part of a Town planning document such as, but not limited to, the Town Plan, Business Development
Strategy, Transportation Plan, Parks and Recreation Master Plan, and the Urban Forestry
Master Plan.
COPA, working with Town staff, will identify the highest priority projects and recommend those projects for implementation as funding allows. As much as possible,
these projects should correspond with new construction or renovation projects planned by
the Town for that year.
VI. Criteria for Selection of Artists, or Artworks: Eligibility requirements for each project will be established by the Art Advisory Panel
and consideration and collaboration with staff, and other relevant commissions.
Artist or extant Works of Art will be selected on the basis of qualifications or quality as demonstrated by past work, appropriateness of the proposal to the particular project, and
probability of successful completion. Selection will be based on the criteria set in the
guidelines below.
Criteria for selection of Artist or existing Works of Art: o Quality/originality: demonstrated capabilities of the Artist and merit of the
proposed Works of Art;
o Suitability: appropriate in scale, material, form, and content for community and
physical environment; o Durability: demonstrates structural and surface integrity, reasonable maintenance cost and requirements;
o Safety/Public Liability: The Work of Art should not present issues in these areas.
The Work of Art should be reviewed by appropriate departments or offices to
ensure that the Work of Art does not present safety hazards.
Methods of selecting Artists, existing Work of Art or Artist proposals: o Open Competition/Request for Qualification or Proposals/Call to Artists: Any
Artist may apply, subject to any limitations established by the Art Advisory
Panel; o Limited Competition: Artist invited by the Art Advisory Panel to submit proposals;
o Hybrid Selection: Artist selected through a combination of the above.
Non-Discrimination Clause: Neither the Town nor COPA shall discriminate against any
Artist on the basis of race, religion, color, sex (including pregnancy, gender identity, and sexual orientation), national origin, parental status, age, disability, family medical history
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Town of Leesburg Public Art Guidelines Page 7 of 9
March 2018
or genetic information, political affiliation, military service, or other non-merit based
factors.
Proposals for Works of Art that include inappropriate subject matter, in the sole opinion of the Town Council, shall not be approved.
COPA shall not approve the selection of any Artist or Work of Art that has not been
developed according to the procedures described in these Guidelines.
The Town Council has the final authority for Work of Art approval.
The Composition of the Art Advisory Panel
The Art Advisory Panel is an ad hoc group of a minimum of three (3) that may be
convened by COPA to review a specific project, or recommend an Artist to be commissioned and/or an artwork to be purchased. The Art Advisory Panel is populated
from a list of qualified art professionals / practitioners, (“The List”), which is compiled
by COPA and referred to when panelists are required.
The List shall consist of a minimum of twelve [12] volunteer representatives each qualified as an Artist, engineer or other interested party with appropriate technical
background to evaluate relevant Artists and proposals (“List Members”). COPA will
maintain and update the List Members to be called upon during the process of
developing/creating Works of Art.
COPA can populate The List through a call for Artists, recommendations and/or
volunteers. COPA is responsible for reviewing the List Members at least annually;
maintaining communication with the List Members; educating the List Members on
guidelines and responsibilities; and selecting the List Members and the Art Advisory
Panel.
The List Members can be added at any time and will serve a two-year term. There is no
limit to the number of terms a List Member can serve.
VII. The Process of Creating the Work of Art Upon determining Public Art projects, COPA will review proposals submitted. Projects
approved in concept by COPA will be submitted to Friends of Leesburg Public Arts
(“FOLPA”) for review to determine capacity, interest of funding, and amount of funding.
If approved for funding by FOLPA, COPA will create a “Call to Artists”, outlining the scope, criteria, timeline and agreed upon monetary compensation. Artists will be
required to submit a budget for the project, along with design and other requested
information.
Initial submissions shall be reviewed by the Art Advisory Panel, prior to fabrication, for safety concerns, structural or engineering requirements, durability, longevity, routine
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maintenance, and conservation of all materials and components. That recommendation,
including a complete design and budget, will be presented to COPA for its consideration.
Before, after or during COPA meetings called for the consideration of the recommendation of the Art Advisory Panel, members from the, Department of Public
Works and Capital Projects, and other Town commissions as required will be asked to
provide their feedback and recommendations on a project. For projects within the H-1
District, COPA will present the project to the Board of Architectural Review (BAR) for
their review and non-binding recommendation prior to taking the project to the Town Council for approval.
COPA will determine if a project is acceptable and will present it to the Town Council
for its consideration at a work session. Following feedback and direction from the Town
Council, the project will be submitted to the Town Council for approval with a resolution. Once a project has been approved by both COPA and the Town Council, a contract for
the required services of the Artist(s) shall be developed by the Town Staff and COPA.
An Artist may create/fabricate a selected Work of Art independently, collaboratively, or
with subcontractors and may install the Work of Art at the site, or may create the Work of Art on site. The Public Art Program may acquire a selected design from an Artist and
execute the Work of Art under a separate contract with a consultant or contractor other
than the Artist.
If the initial design, created under contract, for the Work of Art is not acceptable, the Artist shall have two additional opportunities to satisfy COPA and the Town Council. If
not approved, another Artist may be selected (and the Artists will be paid for their time in
accordance with their contract terms). The following is a summary of procedures to be
followed under these Guidelines:
1. Need, opportunity, funding for Public Art identified
2. Art Advisory panel convened
3. Art Advisory Panel recommends Artist, design and budget to COPA
4. COPA reviews recommendation with input from other commissions and staff
members 5. COPA votes to endorse Art Advisory Panel recommendation
6. Town Council presentation – the Town Council endorses proposed Public Art
7. Artist is contracted
8. Work of Art created / installed
VIII. Collection Maintenance and Conservation
A. The Town shall have responsibility to document, maintain, conserve, and when
appropriate, restore Works of Art in the Public Art Collection, as approved by the Town
Council. The Town shall protect the value, integrity and authenticity of the Work of Art, and shall comply with the Visual Artists Rights Act of 1990, Title 17, United States
Code, as amended.
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Town of Leesburg Public Art Guidelines Page 9 of 9
March 2018
In general, for Town-initiated and community-initiated permanent Works of Art, the
Town should own the physical work and copyrights should be retained by the Artist, with
reproduction rights allowed the Town for appropriate promotional and educational purposes. Legal title and copyrights in any Work of Art funded in whole or in part by
direct Town funding and/or outside funding, or donations or loans of Work of Art that are
accepted by the Town, shall be spelled out in a mutually agreeable contract between the
Town and the Artist and the owner. Ownership of art obtained through Special
Exception Projects will be negotiated on a case-by-case basis. Insurance for value and liability for Works of Art will be considered on a case-by-case basis. The details of the
insurance recommendation will be included in any plans for Works of Art presented to
the Town Council.
B. Maintenance and conservation are to be carried out by qualified consultants, who may also review proposals by Artists. During planning for a Public Art Project, maintenance
issues will be identified and addressed regarding the use of materials, fabrication
techniques, structural engineering, foundation and site design, and any other
considerations related to longevity and durability. The conservation effort includes
condition assessment reports of every Work of Art in the Public Art Collection, integrated with the Public Art Program data base and updated periodically.
C. Deaccession of a Work of Art – Deaccession is the complete removal of a Work of Art
from the Public Art Collection and from public display. A Work of Art may require
deaccessioning for the following reasons:
Destruction, either by deterioration, vandalism, or accident, to such an extent that
repairs or restoration are impractical or unfeasible.
On-going maintenance has become impossible or is prohibitively expensive.
Required changes by the Town to the site, will destroy the integrity of the Work
of Art because of its relationship to the site.
D. The procedures to deaccession a Work of Art will include the following:
Assessment to identify the problems and determine possible solutions. Review by
COPA with a recommendation as to the action to be taken and subsequent
approval by the Town Council.
Prior to the deaccessioning of a Work of Art, appropriate public notification will be made.
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Date of Council Meeting: May 25, 2021
TOWN OF LEESBURG
TOWN COUNCIL MEETING
Subject: Non-exclusive Telecommunications Facility Franchise(s), Bid Opening and Public
Hearing
Staff Contact: Christine M. Newton, Deputy Town Attorney
Council Action Requested: Conduct a bid opening and public hearing in accordance with State
Code requirements and the process adopted in Ordinance 2021-O-010. At a future Town Council
Business Meeting, it is anticipated that Council will be asked to enact one or more ordinances
granting non-exclusive telecommunications franchises to responsive bidders; in accordance with
the initiating ordinance, staff will recommend appropriate franchise awardees following evaluation
of the bids publicly received and announced today.
Staff Recommendation: Staff recommends conducting the proposed bid opening and public
hearing in accordance with the process established in the initiating resolution, with the goal of
utilizing a franchise agreement structure for use of Town rights-of-way by small cell wireless
telecommunications providers. Staff further recommends that the bids be referred to the Town
Manager’s office for evaluation, and that the public hearing be held open for receipt of the Town
Manager’s recommendations and action on the proposed franchise ordinance.
Commission Recommendation: Not applicable.
Fiscal Impact: A one-time administrative fee of $750 would be payable by each successful
franchisee upon execution of the Telecommunications Facility Franchise Agreement. Application
fees adopted by the Town and in accordance with state law will continue to apply to individual
small cell installations. Generally, these fees include: zoning permit fees of $100 each for the first 5
permits and $50 each for additional permits, up to 35 permits on any single application; and the
$100 right-of-way permit fee.
Work Plan Impact: Implementation of a longer-term franchise agreement structure will increase
the efficiency of the small cell permitting process, and reduce staff time necessary to process more
numerous short-term license agreements and present those license agreements to Council for
approval. Negotiation of an appropriate franchise agreement is within the work plan of the Town
Attorney’s office.
Executive Summary: All telecommunications infrastructure placed within Town public rights-of-
way must be authorized by the Town through either a license agreement or a franchise agreement.
To date, the Town has used short-term (5-year) license agreements to authorize the use of Town
rights-of-way for installation of small cell facilities. In order to address increasing numbers of
applications for installation of small cell facilities, Town Council adopted an ordinance on April
27, 2021 initiating the process to solicit bids and grant non-exclusive telecommunications
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Non-exclusive Telecommunications Facility Franchise(s), Bid Opening and Public Hearing
May 25, 2021
Page 2
franchise(s) for this purpose. The longer-term franchise agreement structure is expected to have
several efficiency-related advantages over the current license agreement structure. In order to
implement the proposed franchise agreement structure as initiated by Council, the Town must
conduct a public bidding process in accordance with State Code (Va. Code §§ 15.2-2100 et seq.).
As required by the initiating ordinance and State Code, the Town advertised an invitation for bids
and a proposed ordinance that would grant one or more non-exclusive telecommunications
franchise(s); bids were to be returned in the form of the proposed franchise agreement.
Background: In 2017, the Virginia General Assembly enacted new laws governing how localities
can regulate the installation of wireless and small cell facilities within the public rights-of-way. (Va.
Code §§ 56-484.26, et seq.) In 2017 and 2018, the General Assembly adopted a set of rules governing
local zoning of wireless facilities. (Va. Code §§ 15.2-2316.3, et seq.) Federal telecommunications
law and regulation also apply in this complex area, and are supplemented by orders of the Federal
Communications Commission (FCC); together these federal rules establish limits on a locality’s
permissible application-processing time (known as the “shot clock”).
Under the applicable state law “small cell” facilities are limited to those wireless facilities that are
no more than six cubic feet in volume. Generally, small cell facilities are installed or mounted on
existing utility poles or purpose-built poles, buildings, or monopoles. Small cell facilities are part of
the deployment of new technological advances in wireless telecommunications. In those
geographic areas with larger populations that put higher demands on the wireless network, these
small cell systems help to disperse the numbers of calls into more manageable pieces by localizing
calls away from macro telecommunications networks. In those areas with connectivity challenges
posed by topographic characteristics, a small cell deployment can help to fill the gaps in the overall
network to maintain call connectivity. Because of the small size of the antenna involved in a small
cell deployment and the low power involved, the range of this type of antenna is not extensive. For
that reason, small cell deployments involve many antennas within close proximity of each other.
Prior to installation of small cell facilities within the public rights-of-way, the applicant must have
both authorization to utilize the right-of-way, and a zoning permit. Since the April 2017 legislation,
the Town has used individual license agreements to authorize use of the right-of-way for each
application submitted by a wireless carrier. To date, Council has approved seven license
agreements for small cell wireless telecommunications facilities in the Town’s rights-of-way,1 and
one additional application is scheduled for action on the May 25th Council consent agenda. Each
of the existing license agreements is for a period of five years.
1 The Town has entered into small cell license agreements with three wireless providers: Mobilitie, LLC; Cellco
Partnership (Verizon Wireless affiliate); and New Cingular Wireless PCS, LLC (AT&T affiliate). Approval resolutions
are as noted below:
1. Resolution 2018-027 dated 2/27/2018 (Mobilitie)
2. Resolution 2019-046 dated 3/12/2019 (Cellco)
3. Resolution 2019-091 dated 6/25/2019 (Cellco)
4. Resolution 2019-113 dated 8/13/2019 (Cingular)
5. Resolution 2020-052 dated 4/14/2020 (Cellco)
6. Resolution 2020-053 dated 4/14/2020 (Cingular)
7. Resolution 2021-012 dated 1/12/2021 (Cellco)
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Non-exclusive Telecommunications Facility Franchise(s), Bid Opening and Public Hearing
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Page 3
The use of a franchise agreement structure will have several advantages over the license agreement
structure that has been used to date. First, the franchise agreement will be for a term of ten years,
with three renewal periods of five years each (for a total of 25 years if all renewals are exercised).
Additionally, the individual application process will become more efficient and streamlined, as
Council approval of individual installations will not be required. Finally, with respect to each
carrier’s facilities, the protections afforded to the Town (such as insurance and surety bond
requirements) will be located in a single agreement. (Under the terms of the proposed franchise
agreement, all facilities installed pursuant to any existing license agreement with a particular
provider would become subject to the franchise agreement once it is executed with that provider.)
Zoning permit requirements would not change under the franchise agreement structure. Under
current state law, the Town must approve or deny many of these applications within 60 days of the
submission of a complete application, and may not impose any special exception requirement. The
FCC shot clock also complicates the time limitations. Under applicable law and regulation, the
Town has a very limited ability to deny these types of applications unless specifically-prescribed
criteria are met; generally, appropriate bases for denial are related to public safety issues.
Other generally applicable Town ordinances and regulations would also remain applicable under
the franchise agreement structure. For example: locations within one of the Town’s historic
districts would still require a certificate of appropriateness from the Board of Architectural Review;
and the Town’s Department of Public Works would still review all applications for compliance
with applicable safety and engineering requirements prior to issuing the right of way permit.
With the exception of the initial administrative fee associated with the franchise agreement, the
fees associated with individual installations would remain in place. Current law strictly limits the
fees that the Town may impose. As permitted by law, the Town currently applies the following
fees: a right-of-way permit fee (currently $100) and zoning permit fee, the amount of which is set
by state code not to exceed $100 per application for up to five small cell facilities, and $50 for each
additional small cell facility (up to a maximum of 35 facilities per application).
Under Chapter 21 of Title 15.2 of the Virginia Code, the Town must utilize a public bidding process
before granting any franchise for a term in excess of five years. The initiating ordinance set forth a
process for advertising, inviting and evaluating bids, and awarding one or more franchises in
accordance with these State Code requirements. The Town duly published an invitation to bid and
notice of the proposed franchise ordinance; public acceptance and announcement of bids and
public hearing on the text of the franchise ordinance are the next step in that process. Following
evaluation of the bids by the Town Manager’s office, recommendations for the grant of one or more
franchise agreements will be brought to Council at the June 22, 2021 Council meeting.
Proposed Legislation:
ORDINANCE
Granting To __________________ Its Successors and Assigns, a Telecommunications Facility
Franchise, Under Certain Conditions, Permitting the Grantee to Use the Public Rights-Of-Way in
the Town Of Leesburg for the Design, Construction, Installation, Maintenance, Repair, Upgrade,
Removal and Operation of Specified Small Cell Facilities and Related Infrastructure
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Page 4
Draft Motions: None. Staff recommends that the public hearing be held open to allow the Town
Manager to evaluate the bids and provide recommendations to Council at the June 22, 2021
business meeting.
Attachments:
1. Proposed Ordinance
2. Proposed Franchise Agreement
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Item a.
PRESENTED: May 25, 2021
ORDINANCE NO. 2021- ADOPTED: ________________
AN ORDINANCE : GRANTING TO __________________ ITS SUCCESSORS AND
ASSIGNS, A TELECOMMUNICATIONS FACILITY
FRANCHISE, UNDER CERTAIN CONDITIONS,
PERMITTING THE GRANTEE TO USE THE PUBLIC RIGHTS-
OF-WAY IN THE TOWN OF LEESBURG FOR THE DESIGN,
CONSTRUCTION, INSTALLATION, MAINTENANCE,
REPAIR, UPGRADE, REMOVAL AND OPERATION OF
SPECIFIED SMALL CELL FACILITIES AND RELATED
INFRASTRUCTURE
WHEREAS, by Ordinance 2021-O-010, adopted April 27, 2021, following a public
hearing, the Town Council initiated and established a process for soliciting proposals and
granting non-exclusive telecommunications facility franchise(s); and; and
WHEREAS, in accordance with the process established in Ordinance 2021-O-010, an
invitation to bid for such non-exclusive telecommunications facility franchise(s) was duly
advertised together with a descriptive notice of the proposed franchise ordinance, and bids were
duly received, publicly announced, and evaluated, all as required by law.
THEREFORE, ORDAINED, by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. That this Franchise is hereby granted to __________________ hereinafter referred
to as "Grantee," its successors and assigns, to permit the Grantee to design, construct, install,
maintain, repair, upgrade, remove and operate specified small cell facilities and related
infrastructure in the public rights-of-ways in the Town of Leesburg in accordance with the terms
and conditions set forth in the Telecommunications Facility Franchise Agreement, attached
hereto as Exhibit A and fully incorporated herein by reference.
SECTION II. That said Franchise is awarded to the Grantee after public notice and invitation
for bids, as required by law and in accordance with Section II of Ordinance No. 2021-O-010, and
after the invitation for bids was duly closed and all bids were fully and carefully investigated and
evaluated. More than one franchise may be awarded pursuant to this Ordinance.
SECTION III. That the Grantee be, and hereby is granted a franchise for an initial term of ten
(10) years with automatic extension of up to three (3) additional periods of five years each, to
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Item a.
AN ORDINANCE: GRANTING TO __________________ ITS SUCCESSORS AND
ASSIGNS, A TELECOMMUNICATIONS FACILITY
FRANCHISE, UNDER CERTAIN CONDITIONS, PERMITTING
THE GRANTEE TO USE THE PUBLIC RIGHTS-OF-WAY IN
THE TOWN OF LEESBURG FOR THE DESIGN,
CONSTRUCTION, INSTALLATION, MAINTENANCE,
REPAIR, UPGRADE, REMOVAL AND OPERATION OF
SPECIFIED SMALL CELL FACILITIES AND RELATED
INFRASTRUCTURE
-2-
design, construct, install, maintain, repair, remove and operate specified small cell facilities and
related infrastructure in the public rights-of-way in the Town. The Grantee shall strictly comply
with the terms of this Ordinance and with the Telecommunications Facility Franchise
Agreement (Exhibit A), together with all applicable laws and regulations of the Town of
Leesburg, the Commonwealth of Virginia, and the United States, and any regulatory agency
having jurisdiction, including, without limitation, with the following conditions:
1. All necessary permits shall be obtained for each and every excavation or
installation, including but not limited to boring in and/or under public rights-of
way or other public places and any associated parking and lane closure permits
upon payment of applicable fees.
2. In the event that relocation, construction, reconstruction, maintenance or repair
by the Town, or the Commonwealth of Virginia of any facilities or services is
necessary or desirable, and it is necessary to alter or relocate, either permanently
or temporarily, any of the Grantee’s property in the public rights-of way or other
public property in order to accomplish the same, the Grantee shall, after
reasonable notice, move, alter or relocate its property at its own cost and expense
and should the Grantee fail to comply with such notice, its property may be
removed, altered or relocated by the Town or the Commonwealth at the cost of
the Grantee and without liability for any resulting damage. The Grantee shall do
everything reasonably necessary, in a timely manner, to prevent any delays in
construction projects of the Town or the Commonwealth.
3. This Franchise may not be assigned or transferred without the prior written
consent of the Town in accordance with the Telecommunications Facility
Franchise Agreement.
4. The Grantee will obtain liability insurance in accordance with the
Telecommunications Facility Franchise Agreement and to the satisfaction of the
Town Attorney, which insurance shall name the Town as an additional insured.
5. The Grantee will not use the privileges granted by this Franchise to provide the
functional equivalent of a Cable Television System, Cable Services, or related
services defined in and regulated by Chapter 9 (Cable Television) of the Leesburg
Town Code, as amended.
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Item a.
AN ORDINANCE: GRANTING TO __________________ ITS SUCCESSORS AND
ASSIGNS, A TELECOMMUNICATIONS FACILITY
FRANCHISE, UNDER CERTAIN CONDITIONS, PERMITTING
THE GRANTEE TO USE THE PUBLIC RIGHTS-OF-WAY IN
THE TOWN OF LEESBURG FOR THE DESIGN,
CONSTRUCTION, INSTALLATION, MAINTENANCE,
REPAIR, UPGRADE, REMOVAL AND OPERATION OF
SPECIFIED SMALL CELL FACILITIES AND RELATED
INFRASTRUCTURE
-3-
6. The Grantee shall protect all property of the Town or any other person during any
work of designing, constructing, installing, maintaining, repairing, upgrading,
removing or operating its system in or adjacent to the public rights-of way or other
public places, and shall fully restore, in kind, any property damaged or destroyed
during any such work.
7. Nothing in this Franchise shall increase or strengthen the rights that other
franchisees may have. The Town shall have no liability to the Grantee for
exercising any rights the Town may have in general or under its franchises with
other franchisees, regardless of the effect of such exercise on the Grantee.
8. The Grantee shall remove its property at its own expense at the expiration or
termination hereof.
SECTION IV. That the Town Manager be and hereby is authorized to execute such documents
as may be required to effectuate the Franchise hereby granted.
SECTION V. That the Town Manager and the Town Attorney, or their respective designees,
are hereby authorized to take such actions and execute such additional documents as may be
necessary and desirable to effectuate this Ordinance.
PASSED this _____ day of __________, 2021.
______________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
______________________________
Clerk of Council
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Item a.
TELECOMMUNICATIONS FACILITY FRANCHISE AGREEMENT
This Telecommunications Facility Franchise Agreement ("Agreement") is entered into this ___ day of _________________, 2021, by and between the Town of Leesburg, Virginia, a municipal corporation of the Commonwealth of Virginia (the "Town"), and
__________________________________ (the "Franchisee").
RECITALS: A. The Town is responsible for management of the Public Rights-of-Way, as hereinafter defined, and performs a wide range of vital tasks necessary to preserve the physical integrity of
Public Rights-of-Way, to control the orderly flow of vehicles, to promote the safe movement of vehicles and pedestrians, and to manage a number of gas, water, sewer, electric, cable television, telephone, telecommunications, and other facilities that are located in the Public Rights-of- Way.
B. The Town has the authority to regulate the time, location, and manner of attachment, installation, operation, and maintenance of telecommunications facilities located in the Public Rights-of-Way, subject to applicable law. C. The Franchisee is in the business of transporting signals by means of
telecommunications facilities. D. The Franchisee desires to attach, install, control, operate, maintain, repair, replace, reattach, reinstall, relocate, and remove Franchisee's Facilities, as hereinafter defined, on
specified facilities located in the Public Rights-of- Way and owned by third parties, or on Stand-
Alone poles owned by Franchisee. E. Subject to applicable law, the Franchisee is willing to compensate the Town for permission to use the Public Rights-of-Way for the installation of the Franchisee's Facilities
upon the Available Poles.
F. The Town is willing to permit the Franchisee to enter the Public Rights-of- Way in order to use and occupy the Available Poles, upon the terms and conditions set forth herein.
AGREEMENT:
Now, therefore, in consideration of good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties agree as follows:
Section 1. Definitions. The following definitions shall apply to the provisions of this
Agreement:
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1.1 "Affiliate" means any entity that own or controls, is owned or controlled by, or is under common ownership or control with the Franchisee. The term "control," as used in this
definition, means the right and power to direct or cause the direction of the management and
policies of an entity, in whatever manner exercised.
1.2 “Approved Equipment" means a Small Cell Facility to be installed and operated by Franchisee, which has been approved in accordance with Section 4 of this Agreement.
1.3 “Approved Pole” means (i) any Standard Design Pole, and (ii) any Individual Request Pole that has been approved by the Town Engineer and the Director in accordance with Section 4.4.
1.4 "Available Pole" means any existing Light Pole or Utility Pole that is suitable for the installation of Franchisee's Facilities.
1.5 "Effective Date" means the date this Agreement is signed on behalf of the Town, with the approval of the Town Council.
1.6 “Director” means the Director of Planning and Zoning or designee.
1.7 "Franchisee" means ____________________________, a ___________ [type of entity] duly organized and existing under the laws of ___________________, registered to do business in the Commonwealth of Virginia.
1.8 "Franchisee's Facilities" means (i) any Approved Pole installed in the Public
Rights-of-Way pursuant to this Agreement; (ii) any Approved Equipment that is attached to an
Approved Pole; or (iii) any Approved Equipment installed elsewhere in the Public Rights-of-Way pursuant to this Agreement. 1.9 “Individual Request Pole” means a Light Pole, Utility Pole, or Stand-Alone Pole
that is not a Standard Design Pole, but whose design and specifications have been approved by
the Town Engineer and the Director as suitable for attachment in accordance with Section 4.4 of this Agreement. 1.10 “Light Pole” means any structure that supports a light fixture that is: (i) installed
for the purpose of lighting a street or roadway; (ii) located in the Public Rights-of- Way; (iii) owned by a public utility; and (iv) no more than fifty (50) feet in height above ground level.
1.11 “New Pole” means a Light Pole, Utility Pole, or Stand-Alone Pole that does not exist at the time of Licensee’s application to the Town for approval of the installation of a Small
Cell Facility on such structure. A Replacement Pole is not a New Pole.
1.12 "Public Rights-of-Way" means the space in, upon, above, along, across, over, and below the public streets, roads, lanes, courts, ways, alleys, and boulevards, including all public street easements, as the same now exist or may hereafter be established, that are under
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the legal jurisdiction and physical control of the Town or of the Virginia Department of
Transportation ("VDOT").
1.13 “Replacement Pole” means a Standard Design Pole or Individual Request Pole that will replace an existing Light Pole or Utility Pole and will be used to support a Small Cell Facility.
1.14 "SCC" means Virginia State Corporation Commission.
1.15 "Services" means those wireless communications services provided by Franchisee.
1.16 “Small Cell Facility” means a wireless facility that meets both of the following conditions:
(a) each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and
(b) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation
boxes, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
1.17 “Stand-Alone Pole” means a support structure that will be owned by the Franchisee and that will support only the Franchisee’s Facilities.
1.18 “Standard Design Pole” means a Light Pole, Utility Pole, or Stand-Alone Pole whose design and specifications have been approved in advance by the Town Engineer and the Director, a current list of which is set forth on Exhibit A.
1.19 Town Engineer" means the Director of the Public Works and Capital Projects or designee.
1.20 "Town Facilities" means any Town-owned property, other than the Public
Rights-of-Way, whether or not affixed to the land.
1.21 “Utility Pole” means any structure other than a Light Pole that is (i) located in the Public Rights-of-Way; (ii) owned by a public utility; (iii) used to support electrical,
telecommunications, or cable television lines; and (iv) no more than fifty (50) feet in height above
ground level.
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Section 2. Term.
2.1 Term and Extension. The term of this Agreement is ten (10) years ("Initial Term"), commencing on the Effective Date, unless this Agreement is earlier terminated in accordance with the provisions hereof. After the Initial Term, the term shall automatically be extended for up to three (3) additional periods of five (5) years each (each an “Extension Term”)
unless Franchisee provides written notice to the Town at least ninety (90) days prior to the end of the Initial Term or then-current Extension Term that Franchisee does not elect to extend the Agreement. As used herein the “Term” shall mean the Initial Term and any applicable Extension Terms.
Section 3. Scope of Agreement.
3.1 Non-Exclusive Permission. The Town hereby grants to the Franchisee the
permission, on a non-exclusive basis, to: (i) attach Approved Equipment to Available Poles; (ii)
install New Poles or replace existing ones in the Public Rights-of-Way, as permitted by this Agreement; (iii) control, operate, maintain, repair, replace, reattach, reinstall, relocate, and remove Approved Poles and Approved Equipment installed on Approved Poles for the limited purpose of providing Services; (iv) make electrical and fiber optic communications utility connections in the
Public Rights-of-Way as required for the purpose of operating the Franchisee’s Facilities, subject
to approval by the Town of the locations of such utility connections; and (v) enter the Public Rights-of-Way for the purpose of performing work permitted by the foregoing clauses (i) - (iv). The permission granted by this Section 3.1 is subject to the terms of this Agreement, all applicable Town permitting requirements, all other applicable laws including without limitation the Town
Zoning Ordinance, and all VDOT requirements of whatever nature.
3.2 Permitted Services. The Franchisee's Facilities shall be used exclusively by the Franchisee solely for the rendering of Services. If the Franchisee wishes to use the Franchisee's
Facilities for the purpose of offering services not specifically described in, or authorized by, this Agreement, then the Franchisee shall notify the Town Engineer in writing before providing any such additional proposed services. If the Town Engineer does not approve of proposed services set forth in any such notice, the Town shall notify the Franchisee in writing that the Town requires an amendment to this Agreement, or another form of authorization, before the
Franchisee may provide such services, subject to applicable law.
3.3 Electricity. The Town shall have no responsibility for providing electricity to the Franchisee's Facilities, nor any liability related to the loss or unavailability of power for
such use. For the avoidance of doubt, Franchisee is permitted to contract directly with local utility
companies for the provision of electric and fiber optic communications service to Franchisee’s Facilities.
3.4 No Interference. The Franchisee's use of any Approved Poles shall not
materially interfere, in any manner, with the existence, operation, or use of the Public Rights-of-Way or the Town Facilities or the then-previously installed property of any third party,
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including, without limitation sanitary sewers, storm sewers and drains, water mains, gas mains,
traffic signals, and aerial and underground electric, telephone, or cable television facilities, except as expressly permitted by this Agreement or by express permission of the respective owner.
3.5 Franchise Subject to Rights of Town and of Others; No Property Interest. The permission granted to the Franchisee pursuant to this Agreement shall be: (i) exercised by the
Franchisee at the Franchisee's sole risk and expense; (ii) subject to, and subordinate to, the rights of the Town to use the Public Rights-of-Way and Town Facilities exclusively or concurrently with any other person; and, (iii) subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, claims of title, and rights (whether recorded
or unrecorded) of others that may affect the Approved Poles, and also including all recorded
or unrecorded rights of VDOT or the Town. Nothing in this Agreement shall be deemed to grant, convey, create, or vest any real property interest in the Franchisee, including any fee or leasehold interest, easement, or vested right. Nothing herein contained shall be construed to require or compel the Town to maintain any particular portion of the Public Rights-of-Way for
a period longer than that required by the Town’s needs. Nothing herein shall restrict the Town
from exercising its authority to vacate, abandon, or discontinue use of any portion of the Public Rights-of-Way and request the relocation or removal of the Franchisee's Facilities therefrom subject to the procedures, time periods, and remedies established within Section 5.8.
Section 4. Approval of Facilities and Equipment.
4.1 Approval Required. This Franchise grants the Franchisee the right to install only Approved Poles and Approved Equipment in accordance with all applicable Town regulations and
aesthetic guidelines. The Town reserves the right to amend or replace such regulations and
guidelines from time to time, provided that the amended or replaced regulations or guidelines shall apply only to (i) applications for installation of Approved Poles or Approved Equipment submitted on after the effective date of any such amendment or replacement; and (ii) applications for modifications to existing Approved Poles or Approved Equipment submitted on after the effective
date of any such amendment or replacement. All other Approved Poles and Approved Equipment
shall be governed by the applicable regulations and guidelines as they existed at the time of installation. This Franchise does not authorize the Franchisee to use or attach any equipment to any Town Property, other than the Public Rights-of-Way, including without limitation any street light poles, utility-type poles, or traffic signal poles owned by the Town.
4.2. Replacement of Available Poles.
4.2.1 The Franchisee may replace existing Available Poles with Standard Design Poles anywhere in the Town without further review of their design or technical specifications by
the Town Engineer or the Director. The Franchisee shall apply for all permits or authorizations required by the Town, and the Town shall review such applications subject to all applicable requirements and standards other than design and technical specifications.
4.2.2 If the Franchisee determines that neither an existing Available Pole nor a
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Standard Design Pole will meet its technical requirements at a particular location, the Franchisee
may propose to replace an Available Pole with an Individual Request Pole, pursuant to Section 4.4.
4.2.3 Only those Standard Design Poles approved for installation in one of the Town’s historic preservation areas consistent with applicable Board of Architectural Review
guidelines and designated as such on Exhibit A may be used to replace Available Poles in such areas.
4.3 New Poles. The Franchisee may install New Poles only with the prior approval of
the Town (which approval shall be granted or denied pursuant to Town standards, as they exist from time to time). If a proposed New Pole is a Standard Design Pole, the Franchisee shall apply for all permits or authorizations required by the Town, and the Town shall review such applications in accordance with Section 4.2. If a proposed New Pole is not a Standard Design Pole, then Section 4.4 shall apply.
4.4 Individual Request Poles. The Franchisee may install Individual Request Poles only with the prior approval of the Town. The Franchisee shall submit the required application or applications and the Town shall consider each application and grant or deny each application
in accordance with applicable law. The Director shall evaluate the design and technical specifications of such an application in accordance with all applicable Town requirements and standards.
4.5 Approval of Standard Design Poles. The Franchisee may at any time request that
a new or additional type of Light Pole, Utility Pole, or Stand-Alone Pole be deemed a Standard Design Pole by submitting an application to the Director. If the Director determines that the proposed design and specifications meet the Town’s applicable safety standards and aesthetic guidelines, the Director shall designate the proposed new type as a Standard Design Pole and Exhibit A shall be amended accordingly. The Director shall have the discretion to approve a new
type of Standard Design Pole that would be applicable only for installation in limited or designated areas of the Town that are specified by the Director at the time such new type of Standard Design Pole is approved.
4.6 Equipment. Only Approved Equipment may be attached to Approved Poles or otherwise installed in the Public Rights-of-Way. The Franchisee shall apply for all permits or authorizations required by the Town in connection with any proposed installation of any Small Cell Facility, and the Town shall review such applications subject to all applicable design standards, technical specifications, and other requirements. Upon issuance of all such permits and
authorizations, the applicable Small Cell Facility shall be deemed Approved Equipment.
4.7 Town Standards. The parties agree that the various Town regulations, guidelines, specifications, requirements, authorizations, applications, consents or other standards or approval criteria promulgated from time to time by the Town related to Franchisee’s Approved Equipment
and/or Approved Poles under this Agreement will be enacted and enforced in compliance with applicable law.
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Section 5. Installation of Franchisee's Facilities.
5.1 Installation of Approved Equipment on Approved Poles. Approved Equipment
shall be installed only on Approved Poles or in the Public Rights-of-Way and only in accordance with accepted industry standards for such installation, including applicable safety codes. Any installation method or configuration that materially differs from industry standards shall not be employed without the prior written permission of the Town Engineer. If Franchisee installs any equipment other than Approved Equipment without the prior written approval from the Town
Engineer, the Franchisee, upon notice from the Town Engineer, shall promptly remove such equipment at Franchisee's sole cost and expense subject to the procedures, time periods, and remedies established in Section 5.8. 5.2 Installation of New Poles and Replacement Poles. New Poles and Replacement
Poles shall be installed only in accordance with the accepted industry standards for such installation, including applicable safety codes. Any installation method or configuration that materially differs from industry standards shall not be employed without the prior written permission of the Town Engineer. 5.3 As-Built Drawings. Upon completion of any installation on any Approved Pole,
the Franchisee shall promptly deliver to the Town Engineer, in hard copy and electronic format, documentation, in substance and in form reasonably acceptable to the Town Engineer, clearly identifying each of the Approved Poles to which the Franchisee's Facilities have been attached, all of the Franchisee's Facilities attached to each such Approved Pole, and any portions of the
Public Rights-of-Way occupied by Franchisee's Facilities in connection with the installation on
such Approved Pole. The foregoing information shall be delivered within thirty (30) days after (i) completion of installation of Franchisee's Facilities at any given location, and (ii) completion of any changes to the Franchisee’s Facilities located in the Public Rights-of-Way that render the information previously provided to the Town Engineer under this Section 5.3 inaccurate or
incomplete.
5.4 Attachment and Access Agreements. Prior to beginning any construction or installation of Franchisee's Facilities, Franchisee shall, at its sole cost and expense, submit to
the Town evidence reasonably demonstrating that the applicable public utility company has
granted Franchisee the right to attach Franchisee's Facilities to Available Poles occupying the Public Rights- of-Way, or to install Franchisee's Facilities in conduit occupying the Public-Rights-of- Way.
5.5 Plans, Specifications and Maps. Before beginning any construction or installation of Franchisee's Facilities, Franchisee shall, at its sole cost and expense, prepare and submit, together with payment of all required fees, applications for all permits required by the Town in connection with the types of facilities the Franchisee proposes to install and the nature of the work required. All plans and specifications required by the respective applications,
detailed maps showing the planned construction, the size, the location, and number, and all other relevant details regarding the placement of the Franchisee's Facilities proposed to be located on any Available Pole or in any portions of the Public Rights-of-Way shall be prepared
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by the Franchisee at its sole cost and expense. The Town Engineer may, in writing, condition
approval of plans and specifications on Franchisee meeting reasonable requirements necessary to protect the public health, safety, and welfare of the traveling public. The Town Engineer may also condition approval of plans and specifications on Franchisee’s agreement to use an alternate location for the Franchisee's Facilities when the Town Engineer reasonably determines that it is necessary to avoid conflict with public safety as well as other permitted uses in, or future public
needs of, the Public Rights-of-Way in the vicinity of any Approved Pole or other proposed location for Facilities. The Franchisee shall, at its sole cost and expense, submit traffic control plans related to installation of Franchisee's Facilities, for approval by the Town Engineer. The Town Engineer may, at any time, inspect the attachment, installation, control, operation, maintenance, reattachment, reinstallation, relocation, removal, and replacement of Franchisee's
Facilities. Subject to applicable law, the Franchisee shall pay all fees required by this Agreement or the Town Code, prior to the issuance of any permit for the installation and construction of Franchisee's Facilities. All work within the Public Rights-of-Way shall be performed in compliance with all requirements of the Town (and VDOT, if applicable) and the owner of the respective Approved Poles, as the case may be, and all plans and permits approved and issued by
the Town (and VDOT, if applicable), respectively. Subject to applicable law, the Franchisee agrees that the Town may require the Franchisee to obtain generally applicable single use permits and pay generally applicable fees that are charged for similar work by public utility companies for such permits, pursuant to the Town’s rules and regulations, for each of the following activities: (i) work within the travel lane or require closure of a public right-of-way; (ii) disturbance of the
pavement, shoulder, roadway, or ditch line; and (iii) placement on limited access rights-of-way. The Town may also require the Franchisee to take specific precautions to ensure the safety of the traveling public or the protection of public infrastructure or the operation thereof.
5.6 Costs and Expenses Borne by Franchisee. The Franchisee shall bear all costs
incurred by Franchisee in connection with the Franchisee's planning, design, construction, repair, modification, disconnection, attachment, installation, control, operation, maintenance, reattachment, reinstallation, relocation, removal, and replacement of the Franchisee's Facilities. The Franchisee shall waive any claim against the Town for any movement in, damage to, repair
of, or deterioration of, Franchisee's Facilities due to (i) repair, maintenance and/or
failure/collapse of any street or highway improvements, sanitary sewers, storm sewers and drains, water mains, gas mains, poles, aerial and underground electric and telephone wires, cable television facilities, and other telecommunications, utility or Town-owned property, or (ii) any other improvements or works proximate to Franchisee's Facilities; except in both
instances to the extent caused by the gross negligence, willful misconduct, or breach of this Agreement by the Town, its officers, employees, or agents. Franchisee also agrees to bear the costs of repair or replacement of Franchisee’s Facilities regardless of whether or not such damage is directly or indirectly attributable to the installation, operation, maintenance, repair, or upgrade work on the Franchisee's Facilities, except to the extent the damage results from the gross
negligence, willful misconduct, or breach of this Agreement by the Town, its officers, employees, or agents.
5.7 Installation in Public Rights-of-Way. To the same extent required of all
similarly-situated occupants of the Public Rights-of-Way, no equipment, facility or structure shall
be installed by or on behalf of Franchisee at any location in the Public Rights-of-Way, unless
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Franchisee shall have first obtained all required permits and permissions and complied with all
generally applicable Town ordinances, regulations and policies, including but not limited to, all applicable provisions of the Town Code pertaining to underground utility facilities and the Town Zoning Ordinance.
5.8 Improvements. The Franchisee shall promptly modify, repair, replace, relocate,
restore, remove, maintain, reattach, reinstall, underground, or refinish Franchisee's Facilities,
Public Rights-of-Way, street or highway improvements, or other Town or third party facilities, including, without limitation pavement, streets, alleys, sidewalks, sewer pipes, water pipes or other pipes, located in the Public Rights-of- Way or any other public property, real or personal, belonging or dedicated to the Town to the extent the same are disturbed or damaged as a result
of acts of Franchisee or its agents in connection with the operation of the Franchisee's Facilities
("Improvements"). Franchisee shall promptly perform Improvements upon receiving notice from the Town. All Improvements shall be performed at Franchisee's sole cost and expense. If Franchisee defaults (beyond applicable notice and cure periods) in the performance of any Improvement in accordance with the terms of this Agreement, the Town may cure the default
itself, and may charge to Franchisee the reasonable cost the Town incurs in curing the default;
provided that, prior to performing any such work to cure a default, the Town shall give Franchisee written notice of the default and a period of thirty (30) days from the date of the notice in which to initiate action to cure the default and a period of (sixty) 60 days in which to complete the cure. In addition, the foregoing commencement and completion periods will be
extended by the Town Engineer for a reasonable amount of time if a cure of the default cannot
reasonably be commenced, or the default cannot reasonably be cured, within such periods respectively, and Franchisee has diligently pursued commencement of, or completion of, a cure during the applicable time period ("Cure Period"). Notwithstanding the provisions of this Section 5.8, if the Town Engineer determines, in his sole discretion consistent with applicable
law, that the failure to perform or complete any Improvement threatens the public health, safety, or welfare, the Town may commence the Improvement and assess its costs upon Franchisee, as provided herein. Prior to commencing such work, the Town shall make a reasonable effort to provide Franchisee with telephonic notice and an opportunity to promptly perform or complete the Improvement itself. In the event Franchisee is unable to, or otherwise fails to,
timely perform or complete the Improvement in accordance with this Agreement and the Town performs the repair work Town shall, immediately upon completion of the work, provide Franchisee with written notice of the work it has performed, and also shall, reasonably soon after the completion of the work, provide Franchisee with a statement of the Town’s reasonable
costs and expenses incurred in performing the work. Franchisee shall promptly repave or
resurface the portion of the Public Rights-of-Way disturbed or damaged by Franchisee’s work in accordance with the then-current standards set forth by the Town Engineer if there are any street cuts or other disturbances of the surface of the Public Rights-of- Way as a result of any Improvements.
5.8.1 Any costs assessed upon Franchisee under this Section 5.8 shall be paid to the Town within 30 days of the Franchisee’s receipt of notice of the assessment and a
description of the basis for the costs from the Town.
5.8.2 The obligation of the Franchisee· to act promptly at its sole cost and expense, the
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default and cure procedures, the time periods, and the Town’s right of self-help, all as
set forth in this Section 5.8, shall apply to those matters addressed in Sections 5.1, 7.3, 7.4, 7.5, 11.1, and 11.3, as if such matters constitute "Improvements" as defined herein.
5.9 No Liens. Franchisee shall not suffer, permit, or give cause for the filing of any lien against the Town, the Public Rights-of-Way, or any Town Facilities, or perform any other act that encumbers or might encumber the Town’s title or subject the Town Facilities, the Public Rights-of-Way, or any part of thereof to any lien. Franchisee shall promptly pay all persons
furnishing labor, materials, or services with respect to any work performed by or for the
Franchisee on or with respect to the Town, the Public Rights-of-Way, or any Town Facilities. If any lien is filed against the Town, the Public Rights-of-Way, or any Town Facilities, by reason of any work, labor, services, or materials performed or furnished, or alleged to have been performed or furnished, to or for the benefit of Franchisee, Franchisee shall promptly cause the lien to be
discharged of record. If Franchisee fails to cause the lien to be discharged within thirty (30) days
after being notified of the filing thereof, then in addition to any other rights and remedies available under the terms of this Agreement or under applicable law, the Town may cause the lien to be discharged by paying the amount claimed to be due or posting a bond, and the Franchisee shall reimburse the Town within thirty (30) days following the Town’s demand for all costs incurred in
connection therewith, including without limitation reasonable attorneys’ fees.
Section 6. Fees Paid to the Town.
6.1 Administrative Fee. Within sixty (60) days after the Effective Date, the
Franchisee shall make a one-time initial payment to the Town of Seven Hundred Fifty Dollars ($750.00) (the "Administrative Fee") as consideration for the grant of this Agreement and to defray the Town’s administrative costs incurred in connection with the negotiation and approval of this Agreement.
6.2 Form of Payments. Payments by the Franchisee of all sums required to be paid to the Town pursuant to this Agreement shall be paid to "Town of Leesburg, Virginia" at the following payment address (or such other address at the Town may provide from time to time on 30 days’ advance written notice to Franchisee):
Town of Leesburg Department of Finance and Administrative Services 25 W Market Street Leesburg, Virginia 20176
6.3 No Waiver. Acceptance by the Town of any payment due hereunder shall not be deemed to be a waiver by the Town of any breach of this Agreement. The acceptance by the Town of any such payment shall not preclude or prohibit the Town from thereafter establishing that a larger amount in fact was due, or from collecting any balance due to the Town.
6.4 No Relief from Other Fees and Taxes. The fees required by this Section 6 shall be in addition to, and not in lieu of, all fees and taxes required by the Town, and all other
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amounts Franchisee may be required to pay the Town by law, ordinance, or other agreement.
Section 7. Maintenance, Removal and Relocation of Franchisee's Facilities.
7.1 Limited Risk or Liability to Town. The Franchisee hereby acknowledges and assumes all responsibility, financial and otherwise, for the Franchisee’s permitted use of the Approved Poles and Franchisee’s use of the Public Rights-of-Way, and the planning, design, construction, repair, attachment, installation, control, operation, maintenance, reattachment, reinstallation, relocation, removal, and replacement of the Franchisee's Facilities, which shall
be undertaken without risk to, or liability of the Town. All planning, design, construction, repair, attachment, installation, control, operation, maintenance, reattachment, reinstallation, relocation, removal, and replacement work shall be performed at Franchisee's sole cost and expense and in accordance with applicable law, and any work affecting the Public Rights-of-Way shall be performed using Town (and VDOT, if applicable) construction standards.
7.2 Maintenance of Franchisee's Facilities. Franchisee shall ensure that Franchisee's Facilities are maintained at all times in a clean and safe condition and location, in
good repair, and free of all material defects. Franchisee shall use reasonable care at all times
in installing, maintaining, relocating, removing, repairing, and replacing Franchisee's Facilities. The planning, design, construction, repair, attachment, installation, control, operation, maintenance, reattachment, reinstallation, relocation, removal, and replacement of Franchisee's Facilities shall be performed by experienced and properly trained maintenance and construction
personnel in accordance with accepted industry standards and using commonly-accepted methods
and/or devices to reduce the likelihood of damage, injury or nuisance to persons or entities, including the public.
7.3 Removal/Relocation of Franchisee's Facilities. If the Town Engineer, in his reasonable discretion, determines that removal, relocation, or reconfiguration of any portion of
the Franchisee's Facilities is necessary in order to protect the public health, safety, or welfare, then the Franchisee shall, at its sole cost and expense, remove, relocate, or reconfigure such portion of Franchisee's Facilities subject to the procedures, time periods, and remedies established in Section 5.8, except that (a) the Town shall provide Franchisee with at least sixty (60) days prior written notice before any such removal, relocation or reconfiguration unless the
Town Engineer determines immediate action (as described below) is necessary; and (b) the parties will work together using good-faith efforts to provide Franchisee with a reasonably equivalent replacement location that affords Franchisee substantively similar engineering and coverage objectives. Should the Town Engineer determine that the public health, safety or welfare require that the Town undertake immediate maintenance, repair or other action as to the
Franchisee's Facilities then the Town may do so and the Franchisee shall be responsible for all reasonable expenses. In such an emergency, the Town Engineer may take the measures required by Franchisee under this Section without prior notice to Franchisee, provided that the Town Engineer will (i) make reasonable efforts to provide prior verbal notice to the Franchisee of such measures and (ii) provide written notice to Franchisee within 10 days of Town’s taking
such measures.
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7.4 Town Removal of Franchisee's Facilities. If Franchisee does not protect,
temporarily disconnect, relocate, or remove Franchisee's Facilities in accordance with the applicable procedures and time periods specified in Section 5.8, then the Town may perform the same to the Franchisee's Facilities and charge the Franchisee for the reasonable cost thereof. Upon Franchisee's request, and subject to Section 7.5, by written notice to Franchisee, Town may approve the abandonment in place of specified Franchisee's Facilities. ·
7.5 Abandonment of Franchisee's Facilities. If any portion of Franchisee's Facilities is out of service for a period of one (1) year or more, then Franchisee shall promptly
notify the Town in writing of such fact and such Facilities shall be considered abandoned.
Franchisee shall promptly remove the Facilities at the Franchisee's cost and expense subject to the procedures, time periods, and remedies established within Section 5.8, except that notice shall be deemed valid upon receipt by Town. The Franchisee shall comply with all requirements of any rules governing the abandonment of Franchisee's Facilities that may be adopted by the
Town in accordance with Virginia Code § 15.2-2316.4(B)(6).
7.6 Damage to Property. In exercising the permissions granted by this Agreement, the Franchisee shall exercise the customary level of care to avoid causing damage to the Public
Rights-of-Way and nearby real and personal property of the Town and of third parties. The
Franchisee hereby assumes responsibility and the risk for all loss, expense, and liability arising out of any such damage. The Franchisee shall make an immediate report to the Town Engineer of the occurrence of any such damage verbally by calling the Director of Public Works and Capital Projects (currently: Renée LaFollette) and 703-737-6079 (main number at DPW&CP) and
via email to rlafollette@leesburgva.gov. If requested by the Town after such initial report, the
Franchisee shall, promptly and in all events within five (5) business days after occurrence, formally report to Town, in writing, the incident or accident causing, or resulting in, property damage or any personal injury resulting from, or arising out of, any of the Franchisee's activities or permissions under this Agreement. Such report shall contain the names and addresses of the
persons and entities involved, a statement of the factual circumstances, the date and hour, the
names and addresses of all witnesses, and other pertinent information required by the Town pertaining to the incident or accident, where reasonably available.
7.7 Removal of Franchisee's Facilities. The Franchisee may remove any of the Franchisee's Facilities at any time, subject to applicable Town permitting requirements, if any.
Section 8. Insurance.
8.1 Policy Limit. Franchisee, at its sole expense, shall obtain and maintain a policy of commercial general liability insurance, throughout the Term of this Agreement, providing
coverage for claims arising from the exercise of the permission granted hereunder by Town. Such insurance coverage shall have policy limits of Five Million Dollars ($5,000,000) per occurrence for bodily injury and property damage and Five Million Dollars ($5,000,000) general aggregate. The insurance policy and policy limits shall not operate as a limit of Franchisee's liability to the Town under this Agreement, nor as a limit of Franchisee's duty of indemnification hereunder.
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8.2 Certificates; Noncancellation; Additional Insureds. Prior to the beginning of the
Term, and annually thereafter, Franchisee shall furnish the Town with certificates of insurance and blanket additional insured endorsements as required by this Agreement. Each policy shall provide, among other things, that the actions or omissions of any insured party shall not invalidate the policy as against any other insured party or otherwise adversely affect the rights of any other insured party under the policy. The insurance required to be carried by Franchisee herein shall be
with an insurance company licensed, authorized or permitted to do business in the Commonwealth of Virginia and rated not lower than A: VII in the A.M. Best Rating Guide. Upon receipt of notice from its insurer(s) Franchisee shall provide the Town with at least thirty (30) days' prior written notice to the Town of cancellation of any required coverage by first-class mail. The Town, its elected and appointed officials, officers, and employees shall be included as additional insureds
as their interest may appear under this Agreement under all coverage maintained by the Franchisee hereunder except workers compensation and employer’s liability. If the policy requires an endorsement to include the indicated parties as additional insureds, the blanket additional insured endorsement must accompany the certificate of insurance. Coverage afforded under this Section shall be primary as respects the Town, its elected and appointed officials, officers, and employees.
The following definition of the term "Town" applies to all policies issued under this Agreement:
"The Town Council of the Town of Leesburg, Virginia. any affiliated or
subsidiary Board, Authority, Committee, or Independent Agency (including those
newly constituted), provided that such affiliated or subsidiary Board, Authority, Committee, or Independent Agency is either a Body Politic created by the Town Council of the Town of Leesburg, Virginia, or one in which controlling interest is vested in the Town; or a Constitutional Officer of the Town."
8.3 Cancellation. Upon receipt of notice from its insurer(s) Franchisee shall provide the Town with at least thirty (30) days’ prior written notice of cancellation of any required
coverage.
8.4 Coverage Limits. Franchisee shall maintain the types of coverages and limits indicated below, unless the Town Director of Finance approves a lower amount, in his sole discretion. These amounts of coverage will not constitute any limitations or cap on Franchisee's
indemnification obligations under this Agreement. The Town, its officers, agents, and employees make no representation that the limits of the insurance specified to be carried by Franchisee pursuant to this Agreement are adequate to protect Franchisee. If Franchisee believes that any required insurance coverage is inadequate, Franchisee will obtain such additional insurance coverage, as Franchisee deems adequate, at Franchisee's sole expense.
8.4.1 Commercial General Liability Insurance. $2,000,000 per occurrence for bodily injury and property damage and with $5,000,000 general aggregate including premises and operations, personal and advertising, products/completed
operations, contractual liability, and independent contractors.
8.4.2 Automobile Liability. $2,000,000 combined single-limit per accident for bodily injury and property damage.
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8.4.3 Workers' Compensation and Employer's Liability. Virginia Statutory Workers' Compensation coverage including Virginia benefits and employer's liability with limits of $500,000 each accident/disease/policy limit.
8.5 Default. Failure to maintain any of the required insurance coverages shall be deemed a default for purposes of Section 11.
8.6. Insurance to be Primary. Insurance coverage provided to the Town as an additional insured shall be primary insurance and other insurance maintained by the Town, its officers, and employees shall be excess only and not contributing with the insurance provided pursuant to this Agreement. Franchisee's insurance shall also waive any rights of subrogation
against the Town, its officers, and employees as it pertains to the scope of this Agreement for any claims resulting from Franchisee's work or service. 8.7 No Waiver. No acceptance or approval of any insurance by the Town shall be construed as relieving or excusing the Franchisee from any liability or obligation imposed by the
provision of this Agreement.
Section 9. Indemnification and Bonds.
9.1 Indemnification. The Franchisee hereby agrees to indemnify, protect, defend (with counsel reasonably acceptable to the Town), and hold harmless the Town, its elected and appointed officers, officials, employees and agents, from and against any and all claims, demands, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders,
judgments, actions of any kind, and all costs and expenses (including, but not limited to, reasonable attorneys' fees and costs of defense), caused by the negligence, willful misconduct, or breach of this Agreement by Franchisee, except that to the extent that such damages or loss are caused by the negligence or breach of this Agreement by Town, its elected or appointed officials, officers, employees, or agents. The Franchisee also agrees to hold harmless and indemnify the
Town from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the Franchisee, for payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding, in each instance, to the extent arising directly from the Franchisee’s failure to comply with any and all laws, rules, statutes, regulations, codes, ordinances, or principles
of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect (“Environmental Claims”). The Franchisee agrees to hold harmless and indemnify the Town from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the Franchisee, for payment of penalties, sanctions, forfeitures, losses, costs or damages, and
for responding to any Environmental Claims, to the extent arising from hazardous substances brought into the Public Rights-of-Way by the Franchisee. The foregoing indemnification for environmental claims specifically includes reasonable costs, expenses, and fees incurred in connection with any clean-up, remediation, removal, or restoration work required by any governmental authority. The provisions of this Section 9.1 will survive the expiration or earlier
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termination of this Agreement.
9.2 Acts of Contractors. The Franchisee shall be liable to the Town and to others for the acts and omissions of the Franchisee's employees, agents, contractors, and subcontractors.
9.3 Waiver by Franchisee. The Franchisee waives all claims, demands, causes of
action, and rights that Franchisee may assert against the Town, its elected and appointed officers, officials, ·employees, and agents on account of any loss, damage, or injury to any of the Franchisee's Facilities, except to the extent caused by the negligent actions, willful misconduct, or breach of this Agreement of the Town, its elected or appointed officials, officers, employees,
or agents.
9.4 Town Not Liable. The Town shall not be liable to the Franchisee or to any other person or entity for any interruption in the Franchisee’s Services or for any interference with the operation of the Franchisee’s Facilities arising from the Town’s use of Town Facilities or the Public Rights-of- Way or from any other action of the Town, its officers, agents and employees, provided that the foregoing is not caused by the negligence, willful misconduct, or
breach of this Agreement by the Town.
9.5 No Consequential Damages. In no event shall the Town or any of its elected or appointed officials, officers, or employees be liable to the Franchisee, or the Franchisee or any of its employees, agents, contractors, and subcontractors be liable to the Town, or shall any of the foregoing be liable to any third party, for any consequential, exemplary, special, indirect,
punitive, reliance, incidental, or similar damages, including but not limited to any lost profits,
data, savings, or revenues, arising out of, or in connection with, this Agreement or any other agreement the Franchisee may have with any of its subscribers, whether under tort, contract, or other theories of recovery, even if a party has been advised of the possibility of such negligence or damages. This Agreement is for the benefit of the Franchisee and the Town and not for the
benefit of any other party. No provision of this Agreement shall create, or be construed to
create for the public or any member thereof, or any other person or business, rights as a third party beneficiary hereunder, or to authorize any person not a party to this Agreement to maintain a suit for damages of any sort pursuant to the terms or provisions of this Agreement.
9.6 Franchisee to Post Surety Bond. Prior to commencement of any work under this
Agreement, the Franchisee shall furnish to Town, as beneficiary, a surety bond in a form, reasonably acceptable in form and substance to the Town Manager or his designee, and reasonably approved, as to form, by the Town Attorney, in the amount of Fifty Thousand Dollars ($50,000), securing the faithful performance by the Franchisee of all of its obligations pursuant to this Agreement, including, but not limited to, timely payments, attachment, installation,
control, operation, maintenance, reattachment, reinstallation, relocation, removal, replacement, and abandonment pursuant to this Agreement, or in fact, of the Franchisee's Facilities, within the time periods and upon the terms set forth in this Agreement. The surety bond shall be issued by a financial institution that is insured by the Federal Depository Insurance Corporation or the Federal Savings and Loan Insurance Corporation, or is otherwise acceptable to the Town Manager
and Town Attorney. Such surety bond (or a replacement surety bond in the same amount approved by the Town Manager and Town Attorney) shall continue and shall be in full force and effect at
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all times during the initial term of this Agreement and each extension thereof. The Town
Engineer, on behalf of the Town, is authorized to and may make claims under such surety bond if the Franchisee has defaulted under this Agreement beyond applicable notice and cure periods. Such obligations include, but shall not be limited to, costs and expenses incurred by the Town, for which the Franchisee is obligated to reimburse to the Town. Upon any claim under the surety bond having been paid, the Franchisee shall cause the surety bond to be restored
to replenish the surety bond to the full $50,000 called for in this Section. Upon the termination or expiration of this Agreement, the surety bond will be released upon Franchisee's written request, after confirmation by the Town Engineer that the Franchisee's Facilities have been removed and all portions of the Public Rights-of-Way used by Franchisee have been restored to their condition on the Effective Date, wear and tear excepted. Such confirmation by the
Town Engineer shall not be unreasonably delayed, withheld, or conditioned. Any failure of the Franchisee to maintain the full amount of the surety bond shall constitute a default of this Agreement.
Section 10. No Assignment; No Transfer.
10.1 No Assignment Without Town’s Prior Consent. This Agreement and the
permissions granted hereunder shall neither be assigned, transferred or sublicensed, in whole or in part, by the Franchisee to any other person or entity, nor shall the Franchisee allow any other person or entity to co-locate its facilities on or attach any type of equipment to the Franchisee's Facilities, except as permitted by this Section 10. If the Franchisee assigns,
transfers or sub-licenses its rights under this Agreement in violation of this Section 10, or
allows another person or entity to co-locate on or attach to the Franchisee's Facilities in violation of this Section 10, then such act shall constitute grounds for termination by the Town of this Agreement, pursuant to the relevant provisions of Section 11.
10.2 Exception. Notwithstanding the foregoing, Town’s prior express approval shall not be required for the transfer of rights and obligations under this Agreement from the Franchisee to an Affiliate or to any entity which acquires all or substantially all of Franchisee's
assets in the market defined by the FCC in which the Town is located by reason of a merger,
acquisition or other business reorganization provided that (i) the Franchisee is not in default at the time of the assignment; (ii) the Franchisee provides the Town prompt written notice of the assignment or transfer; and (iii) such acquiring entity agrees to be bound by all of the terms and conditions of this Agreement.
Section 11. Termination and Default.
11.1 Termination. This Agreement may be terminated by either party upon thirty (30) days prior written notice of a default ("Default Notice") of any provision hereof by the other party which default is not cured pursuant to the procedures, time periods, and remedies
established within Section 5.8. If the default is a breach of this Agreement not pertaining to Section 5.8, the Agreement may be terminated 30 days after the receipt of a Default Notice by
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the defaulting party, if the defaulting party has failed to commence to cure within such 30 day
period or, upon commencing, has failed to thereafter diligently pursue such cure to completion. Subject to the rights of the owner of any applicable Approved Pole, the Town may remove any of the Franchisee's Facilities, at the Franchisee's sole cost and expense, after delivery of a Default Notice and expiration of the applicable cure period, or which remain attached to Available Poles sixty (60) days after the termination of this Agreement.
11.2 No Release. Any termination of this Agreement shall not release the Franchisee from any liability or obligation hereunder that was accruing or had accrued at the time of
termination, without limitation.
11.3 Removal of Franchisee’s Facilities. The Franchisee shall remove all of the Franchisee's Facilities, subject to the rights of the owner of any applicable Available Pole, at Franchisee's sole cost and expense, within sixty (60) days after the expiration or earlier
termination of this Agreement, unless a written agreement otherwise is executed between the Town and the Franchisee to abandon the Franchisee's Facilities in place. The Franchisee shall be responsible for repairs to any damage to the Public Rights-of-Way or Town Facilities caused by such attachment, installation, control, operation, maintenance, reattachment,
reinstallation, relocation, removal, and replacement by Franchisee of the Franchisee's
Facilities.
Section 12. Permits.
12.1 Permits Required. Notwithstanding any provision in this Agreement to the contrary, the Franchisee is not relieved of its obligation to obtain Town (and VDOT as
applicable) permits. This Agreement shall not be construed to entitle Franchisee to receive any
preferential consideration of any application for, or processing of, any Town permit. Section 13. Approval of Agreement by the Town.
13.1 This Agreement shall not become effective unless and until the Town Council approves this Agreement and it is executed on behalf of the Town. If this Agreement is not approved by the Town Council and executed by an authorized person, then no liability
whatsoever shall accrue to the Town or Franchisee and the Town and Franchisee shall have no
obligations whatsoever to each other under this Agreement.
Section 14. Miscellaneous Provisions.
14.1 Notices. All notices under this Agreement shall be in writing and, unless otherwise provided in this Agreement, shall be deemed validly given if sent by certified mail, return receipt requested, or via recognized overnight courier service, addressed as follows (or to any other address which the party to be notified may designate in writing to the other party
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by this notice method). All notices properly given as provided for in this section shall be
effective upon receipt. The Notice addresses are: ··
FRANCHISEE:
__________________________________
__________________________________ _________________________________
__________________________________
__________________________________
With copies to:
__________________________________
__________________________________ _________________________________
__________________________________
__________________________________
TOWN:
Town Manager
25 W. Market Street
Leesburg, Virginia 20176
With copies to:
Office of the Town Attorney 25 W Market Street
Leesburg, Virginia 20176 and
Director
Department of Public Works & Capital Projects 25 W Market Street Leesburg, Virginia 20176 Should the Town or the Franchisee have a change of address, the other party shall immediately be notified of such change by the notice method provided in this section, and the notice address
shall be adjusted thirty (30) days after such party receives notice of such address change.
14.2 Non-Exclusive Franchise; Co-location. Neither this Agreement nor the franchise granted hereunder is exclusive. Nothing in this Agreement shall be deemed to obligate the Town
to grant the Franchisee permission to use any particular facility, property, or right-of-way not
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covered by this Agreement. No other person or entity shall be permitted to co-locate any facilities
with Franchisee's Facilities, except as required by applicable law.
14.3 No Precedent. This Agreement shall apply solely to the Franchisee's Facilities,
and shall neither apply to, nor establish any precedent for, any other agreements if the Franchisee seeks to use any other Town property or to provide any other type of service within the Town. The Franchisee shall not occupy, attach to or in any way use any Town Facilities without entering into a separate written agreement acceptable to the Town. Nothing in this Agreement is intended
to waive any rights, obligations or remedies that either party may have under applicable law.
14.4 Reservation of Rights. The permissions granted by this Agreement are granted based upon the mutual understanding of the parties that Franchisee has the authority under federal
and state law to construct and operate the Franchisee's Facilities as described in this Agreement. The Town and Franchisee each reserve their rights, under both current law and any future changes in law, related to use of and payment of compensation for the Public Rights-of-Way and Town Facilities. Furthermore, in the event that any legislative, regulatory, judicial, or other action binding upon the Town or the Franchisee (any of which is a “Change in Law”) that
affects any of the terms of this Agreement in any material respect is enacted after the Effective Date, then either party may, upon thirty (30) days written notice, require that such terms be renegotiated, and the parties expressly agree that they shall renegotiate in good-faith mutually agreeable new terms that maintain the substantive benefits and burdens of this Agreement and incorporate the substantive effect of the Change in Law.
14.5 Benefit to Public. The Franchisee acknowledges that the paramount use of the Public Rights-of-Way is for the benefit of the public at large. Franchisee agrees that its use of the Public Rights-of-Way shall comply with all lawful and applicable federal, state and local laws, ordinances, permit requirements, regulations, orders, directives, rules and policies now
in force or as hereafter enacted, adopted or promulgated. Notwithstanding Section 7.3, which describes the process the Town will pursue in the ordinary course of business, in the event immediate action is necessary, the Town reserves the right to require the Franchisee to move, remove, or modify the Franchisee's Facilities at specific locations in the Public Rights-of-Way in the course of performing the Town’s duty to manage the Public Rights-of-Way, protect the
public health, safety and welfare, and protect public property. Franchisee also shall conform to changes in the Town’s policies governing use of the Public Rights-of-Way, including, without limitation, to avoid conflict with new Town uses or facilities, provided, however, that no such changes will be retroactively enforced.
14.6 Role of Town as Franchisor: No Waiver. The Town’s execution of this Franchise
neither shall constitute, nor be deemed to be, governmental approval of any work or action permitted hereby, or for any other governmental approval or consent required to be obtained from the Town. Without limiting the foregoing, the issuance by the Town to the Franchisee, or its contractors or agents, of any permit to perform work in the Public Rights-of- Way shall not be construed as permission by, or approval of, the Town for any of the Franchisee's proposed
installation of Franchisee's Facilities, unless all other applicable provisions of this Agreement have been first satisfied by the Franchisee. Nothing in this Agreement shall be construed to waive any of Town’s powers, rights or obligations as a governing authority or local governing body, whether
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or not affecting the Public Rights-of-Way or Town Facilities, including, but not limited to the
Town's police power, right to grant or deny permits, right to collect taxes or fees, or any other power, right or obligation whatsoever. Waiver by the Town of any breach or violation by the Franchisee of any provision of this Agreement shall not be deemed to be a waiver by the Town of any subsequent breach or violation of the same or any other provision of this Agreement by the Franchisee.
14.7 No Waiver of Sovereign Immunitv. Notwithstanding any other provisions of
this Agreement to the contrary, nothing in this Agreement nor any action taken by Town pursuant to this Agreement, nor any document which arises out of this Agreement, shall constitute or be construed as a waiver of either the sovereign immunity or governmental immunity of the Town, or of its elected and appointed officials, officers and employees.
14.8 Compliance with Laws. In addition to all requirements contained herein, in the exercise of the permission granted by this Agreement, the Parties shall comply with all lawful and applicable federal, state and local laws, ordinances, permit requirements, regulations, orders, directives, rules and policies now in force or as hereafter enacted, adopted, or
promulgated.
14.9 Relationship of Parties. Nothing contained in this Agreement, nor any acts of the parties hereto, shall be deemed or construed to create the relationship of principal and agent,
or of partnership, or of joint-venture, or of any association whatsoever between Town and Franchisee other than that of licensor and Franchisee.
14.10 Severability. If one or more of the provisions of this Agreement shall be held
by a court of competent jurisdiction in a final judicial decision to be void, voidable, or unenforceable, then such provisions shall be deemed severable from the remaining provisions of this Agreement and shall in no way affect the validity of the remaining provisions of this Agreement.
14.11 Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the Commonwealth of Virginia. The courts of Loudoun County, Virginia,
shall be the proper fora for any disputes arising hereunder.
14.12 Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter hereof. There are no representations, agreements,
or understandings, whether oral or written, between the parties relating to the subject matter of
this Agreement, which are not fully expressed herein. All exhibits referred to in this Agreement are incorporated into this Agreement and shall be deemed a part hereof.
14.13 Amendments. This Agreement shall neither be amended nor modified except
by a writing signed by authorized representatives of the Town and the Franchisee.
14.14 Authority. The individuals executing this Agreement represent and warrant that
they have the right, power, legal capacity and authority to enter into and to execute this
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Agreement on behalf of the Franchisee and the Town, respectively.
14.15 Recitals. The Recitals are incorporated into this Agreement by reference.
14.16 Rights. This Agreement shall not limit any other rights or remedies available to
the parties. 14.17 Franchisee’s Qualifications. Franchisee shall at all times be duly organized and
validly existing, and, to the extent required by applicable law, registered to do business in the
Commonwealth of Virginia.
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Item a.
22
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by duly authorized representatives of the parties on the dates written below.
TOWN:
THE TOWN COUNCIL OF LEESBURG, VIRGINIA By: _____________________________ Name: _____________________________ Title: _____________________________ APPROVED AS TO FORM: Date: _____________________________ By: ______________________________ Town Attorney
FRANCHISEE: _____________________________________
By: _____________________________ Name: _____________________________ Title: _____________________________
Date: ______________________________
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Item a.
23
EXHIBIT A STANDARD DESIGN POLE SPECIFICATIONS [TO BE ESTABLISHED AND INSERTED]
225
Item a.
Date of Council Meeting: May 25, 2021
TOWN OF LEESBURG
TOWN COUNCIL MEETING
Subject: Public Hearing - Town Code Amendments Related to Airport
Staff Contact: Chris Spera, Town Attorney
Scott Coffman, Airport Director
Council Action Requested: 1) Approval of an Ordinance amending sections 2-223, 6-22 and 6-24
of the Town Code clarifying the role of the Airport Commission and other airport related
amendments. 2) Approval of a Resolution revising the Leesburg Executive Airport Rules,
Regulations, and Minimum Standards.
Staff Recommendation: The Town Attorney and the Airport Director recommend changes to the
Leesburg Town Code and the Airport Rules, Regulations, and Minimum Standards to more
correctly define the advisory role of the Airport Commission. Staff does not have a
recommendation regarding the proposed changes to the membership of the Airport Commission
that were recommended by the Ad Hoc Committee on Airport restructuring.
Commission Recommendation: The Airport Commission endorsed the recommendations of the
Ad Hoc Committee on Airport Commission Restructuring. The Airport Commission also
recommends Council approve revisions to the Airport Rules, Regulations, and Minimum
Standards.
Fiscal Impact: None.
Work Plan Impact: The proposed changes to the Town Code and the Airport Rules, Regulations,
and Minimum Standards will have no impact to the airport’s work plan.
Executive Summary: Town Council passed Resolution 2021-031 creating an Ad Hoc Committee
on Airport Commission Restructuring (“Committee”). The Committee recommended the Town
create an additional voting seat on the Airport Commission for a designated representative of an
Airport Business Association. Additionally, the Committee recommended that a member of the
Economic Development Commission be designated a non-voting liaison to the Airport
Commission, and that the Airport Commission should operate in an advisory role.
The proposed amendment to Chapter 2, Article V, Section 2-223(c) of the Leesburg Town Code
incorporates the recommended changes of the Committee. The proposed amendments to Chapter
2, Article V, Sections 2-223(b) and (d) of the Leesburg Town Code are changes proposed by the
Town Attorney and the Airport Director to clarify roles and responsibilities.
226
Item b.
Public Hearing - Town Code Amendments related to Airport
May 25, 2021
Page 2
The proposed amendment to Chapter 6, Article II, Section 6-22 renames “Fixed Base Operators
License fees” to “Airport Commercial Operator fees”. This change more accurately describes the
greater variety of aviation business types operating from the airport.
The proposed change to Chapter 6, Article II, Section 6-24 is to clarify the process of aircraft
registration.
The proposed revisions to the Airport Rules, Regulations, and Minimum Standards include
changes by the Town Attorney to clarify the roles and responsibilities of the Airport Commission,
and the change from Fixed Base Operator Licenses to the more inclusive and accurate Airport
Commercial Operator Permits. The Airport Director has proposed rule changes related to new
control tower operations, removal of derelict aircraft, and other minor updates. The Airport
Commission reviewed the proposed rules changes and recommends approval.
Background: Town Council passed Resolution 2021-031 creating an Ad Hoc Committee on
Airport Commission Restructuring (“Committee”) to review the structure, composition, and role
of the Airport Commission. The Committee provided the following final recommendations:
The airport businesses should create an Airport Business Association (“ABA”). The ABA
would be an organization outside of the Town government consisting of airport business
owners and/or their representatives.
The ABA may designate a representative to serve as an eighth voting member of the Airport
Commission. The term of the ABA Representative shall be determined by the ABA.
Individual business owners in the ABA may communicate directly with the Airport
Commission and the Council if desired.
A member of the Leesburg Economic Development Commission should be designated as a
non-voting liaison to the Airport Commission.
The Council should make no changes to the current process for the appointment and
confirmation process of Airport Commission members.
The Committee recommends that the Commission operates as an advisory board to the
Council.
The proposed amendment to Chapter 2, Article V, Section 2-223(c) of the Leesburg Town Code
incorporates the recommended changes of the Committee.
The proposed amendments to Chapter 2, Article V, Sections 2-223(b) and (d) of the Leesburg Town
Code are changes proposed by the Town Attorney and the Airport Director to clarify the roles and
responsibilities of the Airport Commission as an advisory body, amending and clarifying language
that could be construed to impose an adjudicatory function on the Airport Commission.
The proposed amendment to Chapter 6, Article II, Section 6-22 is to rename “Fixed Base Operator
license fees” to “Airport Commercial Operator fees”. This language change more accurately
describes the variety of aviation businesses permitted to operate from the airport and makes it clear
all of those businesses are included within the regulatory framework.
227
Item b.
Public Hearing - Town Code Amendments related to Airport
May 25, 2021
Page 3
The proposed change to Chapter 6, Article II, Section 6-24 is to clarify the process of aircraft
registration.
The proposed revisions to the Airport Rules, Regulations, and Minimum Standards include
changes by the Town Attorney to clarify the roles and responsibilities of the Airport Commission
and the change from Fixed Base Operator Licenses to Airport Commercial Operator Permits. The
Airport Director proposed rule changes to related to new control tower operations, removal of
derelict aircraft, and other minor updates. The Airport Commission has reviewed the proposed
rules changes and recommends approval.
Proposed Legislation:
ORDINANCE
Amending Town Code Sections 2-223, 6-22 and 6-24 Clarifying the Role of the Airport
Commission
and
RESOLUTION
Adopting Revised Rules, Regulations and Minimum Standards for the Leesburg Executive
Airport
Draft Motions:
1. I move to approve the proposed RESOLUTION Adopting Revised Rules, Regulations, and
Minimum Standards for the Leesburg Executive Airport and an ORDINANCE Amending Town
Code Sections 2-223, 6-22, and 6-24 Clarifying the Role of the Airport Commission.
2. I move to deny the proposed RESOLUTION Adopting Revised Rules, Regulations, and
Minimum Standards for the Leesburg Executive Airport and an ORDINANCE Amending Town
Code Sections 2-223, 6-22, and 6-24 Clarifying the Role of the Airport Commission.
OR
3. I move an alternate motion.
Attachments:
1. Proposed Ordinance
2. Proposed Resolution
3. Committee Recommendations
4. Airport Rules, Regulations, and Minimum Standards (red lined)
228
Item b.
PRESENTED: May 25, 2021
ORDINANCE NO. 2021- ADOPTED: ____________
AN ORDINANCE : AMENDING TOWN CODE SECTIONS 2-223, 6-22 AND 6-24
CLARIFYING THE ROLE OF THE AIRPORT COMMISSION
WHEREAS, the Leesburg Executive Airport is an important component of the Town’s
and the region’s transportation and economic network; and
WHEREAS, the Leesburg Executive Airport Commission plays an important role in
advising the Town regarding the planning, management, and administration of the Leesburg
Executive Airport; and
WHEREAS, the Town Council, pursuant to Resolution 2021-031, convened the Ad
Hoc Committee on Airport Commission Restructuring, which made certain recommendations;
and
WHEREAS, amending the following Town Code sections related to the Leesburg
Executive Airport Commission is necessary to clarify the roles and responsibilities of the
Commission.
THEREFORE, ORDAINED, by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. That Chapter 2, Article V, Section 2-223 of the Town Code of Leesburg,
Virginia is hereby amended to read as follows:
Section 2-223. Leesburg Executive Airport Commission
(a) Recreated and reestablished. The Leesburg Executive Airport
Commission is hereby recreated and reestablished.
(b) Commission duties. The Leesburg Executive Airport Commission
oversees rules and regulations at the town executive airport. The commission
makes recommendations to the town council, the town manager and the
229
Item b.
AN ORDINANCE: AMENDING TOWN CODE SECTIONS 2-223, 6-22 AND 6-24
CLARIFYING THE ROLE OF THE AIRPORT COMMISSION
-2-
airport director to ensure effective and efficient operation, development
and administration of the airport.
(c) Membership. Membership, exclusive of the rules outlined in division
1 of this article, membership on the executive airport commission may consist
of town residents, town property owners, town business owners, or anyone
employed in the town. An additional member shall be appointed by the
county board of supervisors to serve a two-year term and shall serve as the
liaison to the county board of supervisors. If the businesses located at the
airport create an association of such businesses (the “Airport Business
Association” or “ABA”), then the ABA may designate one member to
serve on the Airport Commission as a voting member, the term of such
ABA representative to be determined by the ABA. In addition, the
Leesburg Economic Development Commission may designate a member as
a non-voting liaison to the Airport Commission.
(d) Additional powers and duties. The following shall be additional
powers and duties of the executive airport commission:
(1) Review in the manner set forth in the airport
regulations all requests for services, leases, and proposals for
airport developments, and refer the commission's
recommendations to the airport director or town manager for
implementation or to the town council if required by law.
(2) Maintain a continuous oversight and Review of the
airport rules and regulations, and make recommendations from
time to time to the town manager for proposed amendment of
the airport rules and regulations, and to the airport director
regarding for the effective and efficient administration of the
airport rules and regulations.
(3) Prepare and maintain Recommend and
periodically update a capital improvement plan for
development of the airport.
(4) Make recommendations concerning the adoption of
rules governing operations at the airport as are necessary and
appropriate.
(5) Review and make recommendations to the town
council of proposed annual budgets for airport improvements
and operations.
230
Item b.
AN ORDINANCE: AMENDING TOWN CODE SECTIONS 2-223, 6-22 AND 6-24
CLARIFYING THE ROLE OF THE AIRPORT COMMISSION
-3-
(6) Make recommendations to the town council on
development and utilization of land and commercial operations
at the airport, including leases thereof.
(7) Perform such duties and have such powers as
prescribed by the airport rules and regulations.
(8) Make recommendations to establish rates of charge
for services provided by the department, such as aircraft tie
down, hangar and other rents, fuel and lubricant charges and
landing fees.
(9) Maintain liaison with county offices to promote
implementation of appropriate land use controls affecting the
airport.
(10) Initiate timely actions with both Maintain
communication with and recommend appropriate actions
with the Federal Aviation Administration, state department of
aviation and the state corporation commission, division of
aeronautics, to provide priority support to proposed
improvement or expansion of the airport.
(11) Conduct public surveys and meetings, as
appropriate, to aid in planning improvements and acquiring
public support for the airport.
SECTION II. That Chapter 6, Article II, Section 6-22 of the Town Code of Leesburg,
Virginia is hereby amended to read as follows:
Sec. 6-22. - Fixed base operator license Airport Commercial Operator fees.
(a) Before any person is issued a fixed base operator's license permit for
any commercial operation pursuant to under chapter 3, section I(f) of the airport
rules and regulations, he shall pay to the town all of the fees as established herein.
Fees collected shall be credited to the general fund in the accounts of the town.
(b) All license fees imposed by this section, except as herein otherwise
provided, shall become due and payable on or before July 1 of each license year
(each permit shall be valid from July 1 to June 31 of each fiscal of the following
year). Where a fixed-base operator permitee begins licensed permitted
operations after July 1 of a license year, such fee shall be paid at the time the
license application is approved by the town airport commission. All fees that are
231
Item b.
AN ORDINANCE: AMENDING TOWN CODE SECTIONS 2-223, 6-22 AND 6-24
CLARIFYING THE ROLE OF THE AIRPORT COMMISSION
-4-
paid after the date due are subject to a late fee of ten percent of the amount owed
and ten percent per annum interest payment until paid in full. Fees for first-year
operations shall be based on estimates of gross receipts from operations and
adjusted after the close of the fiscal year for actual receipts. The director of
finance and administrative services shall assess or refund the erroneous amount
to the permitee fixed base operator, as appropriate.
(c) The airport commission director may waive any license fees
established herein for any government or governmental agency or department or
person performing nonprofit public services to the aircraft industry, or
performing air search and rescue operations, or performing fire prevention or
firefighting operations.
(d) Every person who is conducting, operating or engaging any of the
following services shall pay to the town the fees established by the town:
(1) Aircraft sales. For each aircraft sales license.
(2) Parts and accessories sales. For each parts and accessories
sales license.
(3) Charter operations, etc. For each charter operations license,
which includes, without limitations, passenger or air taxi freight or
delivery, photography, aerial survey, agriculture spraying.
(4) Aircraft rental. For each aircraft rental license.
(5) Flight instructions or ground schools. For each flight
instruction or ground school license.
(6) Maintenance services. For each maintenance service license.
(7) Line services. For each lines services license.
(8) Aircraft storage. For each aircraft storage license.
(9) Aircraft financing. For each aircraft financing license.
SECTION III. That Chapter 6, Article II, Section 6-24 of the Town Code of Leesburg,
Virginia is hereby amended to read as follows:
Sec. 6-24. - Aircraft registration.
232
Item b.
AN ORDINANCE: AMENDING TOWN CODE SECTIONS 2-223, 6-22 AND 6-24
CLARIFYING THE ROLE OF THE AIRPORT COMMISSION
-5-
Any person who bases an aircraft at the Leesburg Executive Airport shall register
that aircraft with the airport director within 30 days of arriving. The registration form
shall be in a format approved by the airport commission director. At a minimum,
the form shall include: the aircraft FAA registration number, gross weight, color,
number of engines, owner's name, phone number and address.
SECTION V. This ordinance shall be in effect upon its passage.
PASSED this 25th day of May, 2021.
______________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
______________________________
Clerk of Council
233
Item b.
PRESENTED: May 25, 2021
RESOLUTION NO. 2021- ADOPTED: ____________
A RESOLUTION : ADOPTING REVISED RULES, REGULATIONS AND
MINIMUM STANDARDS FOR THE LEESBURG EXECUTIVE
AIRPORT
WHEREAS, Airport Rules, Regulations and Minimum Standards are designed to
protect the public health, safety, interest, and welfare of the Leesburg Executive Airport and to
prevent any activity or action that would interfere with the safe, orderly, and efficient use of
the Airport by its operators, lessees, consumers, and users; and
WHEREAS, Airport Rules and Regulations may be supplemented, amended, or
modified from time to time and in such a manner and to such extent deemed appropriate; and
WHEREAS, the Leesburg Executive Airport Rules, Regulations and Minimum
Standards were previously revised and adopted by Council on February 9, 2016; and
WHEREAS, the Airport Director and Town Attorney recommend adopting the revised
Rules, Regulations and Minimum standards in order to more correctly define roles and terms
and clarify processes; and
THEREFORE, RESOLVED, that the Council of the Town of Leesburg in Virginia
hereby adopts the revised Rules, Regulations and Minimum Standards for the Leesburg
Executive Airport.
PASSED this 25th day of May, 2021.
______________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
______________________________
Clerk of Council
234
Item b.
Ad Hoc Committee on Airport Commission Restructuring
1001 Sycolin Road SE, Suite 7, Leesburg, Virginia 20175 703-737-7125 www.leesburgva.gov/airport
Hometown of the 21st Century
To: Leesburg Town Council
From: Ad Hoc Committee on Airport Commission Restructuring
Subject: Report of the Committee
Date: February – March, 2021
In accordance with Town Resolution 2021-031, an Ad Hoc Committee on Airport Commission Restructuring was created, met, and is hereby providing a report to the Leesburg Town Council regarding the current structure, composition, and role of the Leesburg Executive Airport Commission.
The Committee was chaired by Vice Mayor Marty Martinez and included members of Council, the Airport Commission, representatives from airport businesses, and pilot tenants. The Committee met for three meetings. To provide a base level of relevant information to all Committee members, presentations were conducted by the Town Attorney, Airport Director, Economic Development Director, Federal Aviation Administration’s Engineer, and the Airport Commission Chairman and Vice Chairman. The presentations included information on:
• The airport’s history of growth and focus on serving business travel.
• The organizational structure of other Virginia airports.
• The legal concerns and role of the Airport Commission as a citizen advisory board.
• The future goals and past accomplishments of the Airport Commission.
• The airport’s economic impact to the community.
• The Airport Master Plan document guiding the airport’s future development.
• The state and federal sources of funding for airport infrastructure projects.
• The obligations of the Town to the Federal Aviation Administration (“FAA”) on how it operates the airport to the public benefit.
The Committee discussed potential changes to the membership of the Commission and all members suggested improvements. The suggestions centered around three common goals. (1) Improve airport business operator input and communication with the Airport Commission; (2) Improve citizen involvement in the Airport Commission; and (3) Provide a membership with diverse experience in relevant airport business and operations. All ideas, including those proposed by Mayor Kelly Burk to the Council, were discussed by the Committee. A vote was taken on each idea to formulate the final
recommendations of the Committee.
The Committee recommendations are:
• The airport businesses create an Airport Business Association (“ABA”). The ABA would be an organization outside of the Town government, consisting of airport business owners and/or their representatives.
• The ABA may designate a representative to serve as an eighth voting member of the Airport Commission. The term of the ABA Representative shall be determined by the ABA.
235
Item b.
Ad Hoc Committee on Airport Commission Restructuring
1001 Sycolin Road SE, Suite 7, Leesburg, Virginia 20175 703-737-7125 www.leesburgva.gov/airport
Hometown of the 21st Century
• Individual business owners in the ABA may communicate directly with the Airport Commission and the Council if desired.
• A member of the Leesburg Economic Development Commission is designated as a non-voting liaison to the Airport Commission.
• The Council make no changes to the current process for the appointment and confirmation of Airport Commission members.
• The Committee did not cover specific changes to the Commission’s role and duties. The Committee recommends that the Commission operates as an advisory board to the Council.
These are the recommendations of the Committee and we look forward to the work of Council to ensure the Airport Commission is well positioned to guide the future development of the Leesburg Executive Airport. For additional information on the topics and ideas discussed at the Committee, please see the attached meeting minutes.
Ad Hoc Committee Members
Marty Martinez, Vice Mayor Kari Nacy, Council member Neil Steinberg, Council member
Julie O’Brien, ProJet Aviation Scott Kuhn, SK Aviation Tim Fisher, Aero Elite Flight Training
Jim Odenwaldt, Papillon Air Maintenance Services Stasi Poulos, Mindstar Aviation Charlie Bobbish, Airport Tenant/Pilot Tom Saxon, Airport Tenant/Pilot Brittany Youkers, Leesburg Economic Development Commission Ryan Zerbe, OpenAir Flight Training Bob Garity, NOVA Pilots Bruce Reggeri, PHI Air Medevac Dennis Boykin, Leesburg Airport Commission Dan Duenkel, Leesburg Airport Commission
236
Item b.
Leesburg Executive Airport
Rules, Regulations, and Minimum Standards
Town Attorney Proposed Edits 3 29 2021Adopted by Council: February 9,
2016
Airport Director proposed edits 5.6.2021 Formatted: Font: 12 pt
237
Item b.
Table of Contents
CHAPTER ONE ................................................................................................................. 4
GENERAL PROVISIONS ............................................................................................. 4
PURPOSE ................................................................................................................... 4
INTRODUCTION ...................................................................................................... 4
POLICY REGARDING THE CONDUCT OF COMMERCIAL AERONAUTICAL
ACTIVITIES................................................................................................................... 4
DEFINITIONS ............................................................................................................ 5
MINIMUM STANDARDS ............................................................................................ 7
AIRPORT DIRECTOR AND MANAGER................................................................ 7
SPECIAL EVENTS .................................................................................................... 7
PUBLIC USE .............................................................................................................. 7
COMMON USE AREAS ........................................................................................... 8
VEHICULAR TRAFFIC AND PARKING................................................................ 8
ADVERTISING AND SIGNS ................................................................................... 8
ACCEPTANCE OF MIMIMUM STANDARDS BY USE ....................................... 8
OPERATORS TO KEEP MINIMUM STANDARDS AVAILABLE ....................... 9
CHAPTER TWO .............................................................................................................. 10
AIRCRAFT OPERATION AND AIRPORT TRAFFIC RULES AND
REGULATIONS........................................................................................................... 10
GENERAL ................................................................................................................ 10
GROUND RULES ................................................................................................ 1110
FEES AND OTHER CHARGES.......................................................................... 1211
TAXIING .................................................................................................................. 12
TRAFFIC RULES ................................................................................................ 1312
LANDINGS .......................................................................................................... 1312
FIRE REGULATIONS ............................................................................................. 13
FEDERAL AVIATION ADMINISTRATION GRANT ASSURANCES........... 1413
CHAPTER THREE ...................................................................................................... 1514
AIRPORT OPERATORS, LEASES AND CONCESSIONS .................................. 1514
BUSINESS ACTIVITIES ..................................................................................... 1514
APPLICATION FOR LEASE NOT SUBJECT TO FRANCHISE STATUTE ... 1514
APPLICATIONS FOR LEASE SUBJECT TO FRANCHISE STATUTE .......... 1614
VIRGINIA DEPARTMENT OF AVIATION APPROVAL ................................ 1615
ACTION ON APPLICATION ............................................................................. 1615
SUPPORTING DOCUMENTS ............................................................................ 1716
EFFECT ON EXISTING LEASES ...................................................................... 2018
OPERATOR APPROVAL NOT REQUIRED ..................................................... 2019
OPERATION AREA ............................................................................................ 2019
REFUSE ................................................................................................................ 2019
ACTS OF GOD..................................................................................................... 2019
PENALTIES ......................................................................................................... 2019
238
Item b.
3
GOVERNMENT AGREEMENTS ....................................................................... 2119
WAR OR NATIONAL EMERGENCY ............................................................... 2119
LEASES SUBORDINATE TO GOVERNMENT LEASE .................................. 2120
LEASE TERMINATION ..................................................................................... 2120
WAIVER OF THESE PROVISIONS .................................................................. 2321
LEASE CLAUSES ............................................................................................... 2322
CHAPTER FOUR ......................................................................................................... 2624
MINIMUM STANDARDS FOR AERONAUTICAL ACTIVITIES ...................... 2624
GENERAL REQUIREMENTS ............................................................................ 2624
CONTENT OF STANDARDS ............................................................................. 2624
MINIMUM STANDARDS .................................................................................. 2725
INSURANCE REQUIREMENTS FOR ALL ACTIVITIES ............................... 2725
FULL SERVICE FBO-AIRCRAFT FUEL, STORAGE AND MAINTENANCE
SERVICES ............................................................................................................ 2725
AIRFRAME AND POWER PLANT REPAIR .................................................... 3028
AVIONICS, OR INSTRUMENT OR PROPELLER REPAIR ............................ 3129
AIRCRAFT CHARTER AND AIR TAXI ........................................................... 3230
AIRCRAFT SALES.............................................................................................. 3330
AIRCRAFT RENTAL .......................................................................................... 3331
FLIGHT TRAINING ............................................................................................ 3432
SPECIALIZED COMMERCIAL AERONAUTICAL & AERONAUTICAL
RELATED ACTIVITIES ..................................................................................... 3533
HANGAR RENTAL ............................................................................................. 3734
MULTIPLE COMMERCIAL AERONAUTICAL ACTIVITIES ....................... 3735
OTHER NON-AERONAUTICAL RELATED ACTIVITIES ............................. 3836
FLYING CLUBS .................................................................................................. 3936
CHAPTER FIVE .......................................................................................................... 4038
MINIMUM STANDARDS FOR FACILITIES AND IMPROVEMENTS ............. 4038
REVIEW PROCEDURES: ................................................................................... 4038
PAVED AREAS ................................................................................................... 4038
FUEL STORAGE AND DISTRIBUTION .......................................................... 4341
HANGARS, BUILDINGS AND OTHER STRUCTURES ................................. 4341
CHEMICALS AND HAZARDOUS MATERIALS ............................................ 4543
239
Item b.
4
CHAPTER ONE
GENERAL PROVISIONS
PURPOSE
These regulations prescribe the rules, regulations and minimum standards for the
management, government and conduct of commercial aeronautical activities or activities
(for profit and nonprofit) to be conducted by organizations at Leesburg Executive Airport
and specify certain clauses which will be included in lease/concession agreements
permitting the conduct of such activities. These rules, regulations and minimum standards
are hereinafter referred to as Minimum Standards.
INTRODUCTION
Prudent and proper administration requires that regulations and standards be established
to ensure that aeronautical activity at the Airport is conducted in the public interest and
provides protection from irresponsible and unsafe operations. Minimum operation and
design standards assures that the minimum acceptable qualifications of participants, level
and quality of service, and other conditions which will be required of those proposing to
conduct aeronautical activities at the Airport be established. The requirement to impose
standards on those proposing to conduct commercial aeronautical activities on a public
airport provides protection to the public from irresponsible, unsafe or inadequate service.
The adoption and enforcement of such standards insures that the operator is reasonably
fit, willing and able to discharge both its service obligations to its patrons and its
economic obligations to the airport community and thereby protect established
commercial enterprises, the aviation user and the public.
The standards established for any particular commercial aeronautical activity must be
relevant to that activity, must be reasonable in scope and will be applied objectively and
uniformly. Standards thus established and applied promote economic stability by
discouraging unqualified applicants and foster the level of services desired by the public,
and the Leesburg Executive Airport Commission and the Town of Leesburg.
POLICY REGARDING THE CONDUCT OF COMMERCIAL
AERONAUTICAL ACTIVITIES
It is the policy of the Town of Leesburg Executive Airport Commission to extend the
opportunity to engage in commercial aeronautical activities to any entity meeting its
published standards for that activity subject to availability of suitable space at the Airport
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to conduct such activities. The Airport's Master Plan and Development Program provide
the basis for determining whether suitable space is available.
DEFINITIONS
The definitions and rules of construction provided in Section 1-2 of the Town Code shall
apply to these minimum standards. Additionally, the following words and terms shall
have the meaning indicated below, unless the context clearly requires otherwise:
A. “Aircraft”: Aeronautical devices including, but not limited to powered aircraft,
gliders, kites, helicopters, gyrocopters, parachuting, ground-effect machines and
balloons.
B. “Aircraft Maintenance”: The repair, adjustment or inspection of aircraft.
1. Major Repairs - Major alterations to the airframe, power plant, propeller
and accessories as defined in Part 43 of the Federal Aviation Regulations.
2. Minor Repairs - Normal, routine annual inspection with attendant
maintenance, repair, calibration or adjustment or repair of aircraft and
their accessories.
C. “Airport”: the Leesburg Executive Airport and all of the area, buildings, facilities
and improvements within the exterior boundaries of such airport as it now exists
or as it may hereafter be extended or enlarged.
D. “Airport Director”: the officer staff person hired by the Town to operate the
Leesburg Executive Airport on its behalf appointed pursuant to Section 6-202.1-4
of the Town Code.
E. “Airport Manager”: the person or corporation empowered with airport
management responsibilities pursuant to a management agreement authorized by
the Airport Commission and the Leesburg Town Council.
F.E. “Airport Commission”: the citizen advisory body created by Section 2.1-
22-223 of the Town Code whose role is to lend its’ perspective, expertise and
insight to the Town Council, the Town Manager and the Airport Director in the
manner set forth in the Town Code and these minimum standards.
G.F. “Building”: Includes the main portion of each structure, all projections or
extensions there from and any additions or changes thereto, and shall include
garages, outside platforms and docks, carports, canopies, eaves and porches.
Paving, ground cover, fences, signs and landscaping shall not be included.
H.G. “Commercial Aeronautical Activity”: Any commercial activity, which
involves, makes possible or is required for the operation of aircraft, or which
contributes to or is required for the safety of such operations. Such activities
include, but are not limited to, scheduled airline operations, pilot training, aircraft
rental and sightseeing, aerial photography, crop dusting, aerial advertising and
surveying, air taxi/charter operations, aircraft sales and services, sale of aviation
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petroleum products, repair and maintenance of aircraft and the sale of aircraft
parts.
I.H. “Entity”: A person, firm, corporation, partnership formed for the purpose
of conducting the proposed activity.
J.I. “Equipment”: All machinery, together with the necessary supplies for the upkeep
and maintenance and all tools and apparatus necessary to the proper construction
and completion of the work.
K.J. “Exclusive Right”: A power, privilege, or other right excluding or
debarring another from enjoying or exercising a like power, privilege or right. An
exclusive right may be conferred either by express agreement, by imposition of
unreasonable standards or requirements, or by any other means. Such a right
conferred on one or more parties by excluding others from enjoying or exercising
a similar right or rights would be an exclusive right.
The granting of an exclusive right to conduct a commercial aeronautical activity
on an Airport developed or improved with Federal funds is expressly forbidden by
law.
L.K. "FAA": the Federal Aviation Administration.
M.L. "FAR": Federal Aviation Regulations.
N.M. “Improvements”: All buildings, structures and facilities including
pavement, fencing, signs and landscaping constructed, installed or placed on,
under or above any leased area by or with the concurrence of a lessee. Plans and
specifications for all improvements must be approved by the Town and
Commission for conformity with its building and construction standards.
O.N. “Lease”: A contractual agreement between the Town and an entity
granting a concession or otherwise authorizing the conduct of certain activities,
which is in writing and enforceable by law.
P.O. “Operator (FBO)”: Any entity (Fixed Based Operator) as defined herein
duly licensed permitted and authorized to operate at the Airport providing one or
more of the services described in the section Minimum Standards for
Aeronautical Activity.
Q.P. “Repair Facility”: A facility utilized for the repair of aircraft to include
airframes, power plants, propellers, radios, instruments, and accessories. Such
facility will require Federal Aviation Administration certification and will be
operated in accordance with pertinent Federal Aviation Administration
Regulations.
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R.Q. “Sublease”: A lease granted by a lessee to another entity of all or part of
the property.
S.R. “Town”: The Town of Leesburg (Review approvals by the Town shall
rest with the Town Council or their designated body or administrator).
T.S. “Tenant”: Any entity entering into a contractual relationship with the
Commission and/or Town for space to conduct its business.
U.T. “Tie-Down”: A paved area suitable for parking and mooring of aircraft
wherein suitable tie-down points have been located.
V.U. "IFR": Instrument Flight Rules.
W.V. "VFR": Visual Flight Rules.
X.W. "DOAV": Virginia Department of Aviation
MINIMUM STANDARDS
All aeronautical activities at the Airport, all operation and flying of aircraft at the Airport
and all business and other activities at the Airport shall be conducted in conformity with
these minimum standards, and all pertinent rules, regulations, orders and rulings of the
FAA and the DOAV, as appropriate, which are made a part of these minimum standards
by this reference. In the event of any conflict between these minimum standards and any
law, rule, regulation or order of any governmental agency cited in this section exercising
the same or similar jurisdiction, the latter shall prevail.
AIRPORT DIRECTOR AND MANAGER
The Airport Director and Airport Manager areis authorized to take all actions necessary
for the handling, policing, protection and safeguarding of the public while present at the
Airport, to regulate vehicular traffic at the Airport and to oversee all airport operations
consistent with these rules and regulations, and the Town and State Codes, including the
power of arrest provided in Section 5.1-21.1 of the Code of Virginia.
SPECIAL EVENTS
No special event, including but not limited to air shows, air races, fly-ins, skydiving or
other similar events requiring the general use of the Airport, other than normal or routine
airport traffic, shall be held unless a permit for same has been issued by the Town of
Leesburg. Said permit shall specify the areas of the Airport authorized for such special
use, dates and such other terms and conditions as the Airport may require.
PUBLIC USE
The Airport shall be open for public use at all hours of the day, subject to regulations or
restrictions due to weather, the conditions of the landing area, the presentation of special
events and like causes, as may be determined by the Airport Director and revocation of
the right of use, for violation of these minimum standards as herein provided.
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COMMON USE AREAS
All runways for landing and take-off; all runway, marker, guidance, signal and beacon
lights used to guide operating aircraft; all apparatus or equipment for disseminating
weather and wind information, for signaling, for radio-directional finding or for radio or
other electrical communication and any other structure, equipment or mechanism having
a similar purpose for guiding or controlling flight in the air or the landing and take-off of
aircraft; and together with such aprons, ramps, turnoffs, transient tie-down areas and
taxiways (unless otherwise noted) shall be considered common use areas available for
use, in common, by all persons flying or operating aircraft on the Airport and shall be
kept clear and available for aircraft traffic. No FBO or other person shall use any
common use areas for the permanent parking, storing or repairing of aircraft or for any
other purposed other than the flying and operation of aircraft without the prior consent or
authorization of the Airport Director. Common use designations may be changed from
time to time by the Airport Director, either on his/her own initiation or after a
recommendation from the Airport Commission resolution. The Town Manager shall hear
and decide appeals to the decision of the Airport Director regarding common use areas.
The Town Manager may, but shall not be required to, request input from the Airport
Commission in the context of any such appeal. All such changes shall be noted on the
common use area map herein referred to. The Town shall be advised of all such changes.
VEHICULAR TRAFFIC AND PARKING
The traffic laws provided in Chapter 10 32 of the Town Code shall apply to the streets,
roads and vehicular parking areas at the Airport, unless otherwise provided by law.
Except for fire-fighting equipment, ambulance and emergency vehicles, no person shall
take or drive any vehicle on the Airport, other than on established streets, roads and
vehicular parking facilities, unless permissions has been first obtained from the Airport
Director or Airport Manager.
ADVERTISING AND SIGNS
No signs or other advertising shall be placed or constructed upon the Airport, or any
building or structure or improvement thereon without having first obtained a permit for
same from the Airport Director. The Airport Director shall refuse permission for such
signs if he finds that such are undesirable, unnecessary or may create a safety hazard.
Additionally, signs shall be subject to applicable Town Ordinance as well as these
minimum standards and requirements. The Town Manager shall Airport Commission
may hear and decide appeals to the decision of the Airport Director where permits for
signs or advertising are denied. The Town Manager may, but shall not be required to,
request input from the Airport Commission in the context of any such appeal.
ACCEPTANCE OF MIMIMUM STANDARDS BY USE
The use of the Airport or any of its facilities in any manner shall constitute an assumption
by the user of these minimum standards and shall create an obligation on the part of the
user to abide by and obey these minimum standards. Flight instructors shall have the duty
to fully acquaint their students with these minimum standards and shall be responsible for
the conduct of students under their direction. When a student is flying solo, it shall be his
responsibility to comply with all applicable rules and regulations.
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OPERATORS TO KEEP MINIMUM STANDARDS AVAILABLE
All persons licensed permitted to do business on or conducting operations of any kind on
the Airport shall keep a current copy of these minimum standards prominently posted in
their office or place of business, and available to all persons.
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CHAPTER TWO
AIRCRAFT OPERATION AND AIRPORT TRAFFIC RULES AND
REGULATIONS
GENERAL
A. Every person operating an aircraft shall comply with and operate such aircraft in
conformity with these minimum standards, and all pertinent rules, regulations,
orders and rulings of the FAA and DOAV and other appropriate governmental
agencies.
B. As an uncontrolled airport, aAll pilots of aircraft having radio equipment
permitting two-way communications shall contact the Air Traffic Control Tower
(when open) or announce their position on the Common Traffic Advisory
Frequency Airport Unicom (122.975) to obtain airport advisory information when
they are within the airport traffic area. Pilots having radios permitting reception
only shall maintain a listening watch on the Unicom frequency at the Airport
when they are within the airport traffic area. All aircraft within a five-mile radius
of the Airport should conform to these minimum standards.
B. The attached traffic pattern chart is made a part of these minimum standards, and
every person operating an aircraft shall comply therewith.
C. DISABLED, DAMAGED, AND DERELICT AIRCRAFT
A. In the event any aircraft is wrecked or damaged to the extent that it cannot be
moved under its own power, the Airport Director and Airport Manager shall be
immediately notified. Subject to governmental investigations and inspections of
the wreckage, the owner or pilot of the wrecked or damaged aircraft, or the
owner's agent or legal representative shall, as soon as reasonably possible, obtain
the necessary permission for removal of the aircraft and thereupon shall promptly
remove such aircraft from all landing areas, taxi-strips, ramps, tie-down area and
all other traffic areas, and place or store where designated by the Airport Director
Manager. No such wrecked or damaged aircraft shall be permitted to remain
exposed to the general public on the Airport for more than 24 hours. In the event
the owner of the aircraft fails for any reason to remove promptly the wrecked or
damaged aircraft from the Airport as may be requested by the Airport
DirectorManager, the Airport DirectorManager may cause the removal and
storage or disposal of such wrecked or damaged aircraft at the expense of the
aircraft owner.
B. No Person shall park or store any aircraft in non-flyable condition on Airport
property, including leased premises, for a period in excess of ninety (90) days,
without written permission from the Director.
Formatted: No bullets or numbering
Formatted: Numbered + Level: 1 + Numbering Style:A, B, C, … + Start at: 1 + Alignment: Left + Aligned at:
0.25" + Tab after: 0.5" + Indent at: 0.5"
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C. No Person shall store or retain aircraft parts or components being held as
inventory anywhere on the Airport, other than in an enclosed, authorized facility,
or in a manner approved by the Director, in writing.
D. Whenever any aircraft is parked, stored, or left in non-flyable condition on the
Airport in violation of the provisions of this Section, the Town shall so notify the
owner or operator thereof by certified or registered mail, requiring removal of
said aircraft within thirty (30) days of the mailing of such notice. If the owner or
operator is unknown or cannot be found, the Director shall conspicuously post
and affix such notice to the said aircraft, requiring removal of said aircraft within
thirty (30) days from date of posting. Upon failure of the owner or operator of
said aircraft to remove said aircraft within the period provided, the Director shall
cause the removal of such aircraft from the Airport and the access gate card will
be revoked. All costs incurred by the Airport shall be recoverable against the
owner or operator thereof. The Town shall not be liable for damages to any
aircraft or loss of personal property that might result from the act of removal.
D.
GROUND RULES
A. No person shall park, store, tie down, or leave any aircraft on any area of the
Airport other than that prescribed by the Airport DirectorCommission. Proposed
changes to parking, storage or tie down areas may be initiated by a suggestion
from the Airport Commission to the Airport Director.
B. No aircraft shall be parked or stored at the Airport unless it is properly tied down
and secured. Cargo straps may not be used to tie down and secure aircraft.
Aircraft owners are solely responsible for parking and tying down their aircraft,
including any special security measures required by weather conditions or other
conditions at the Airport. Aircraft owners shall also be responsible for securing
aircraft in a manner necessary to avoid damage to other aircraft or buildings at the
Airport in the event of winds or other severe weather. Owners of all aircraft shall
be held solely responsible for any damage or loss resulting from the failure of
such owner or the pilot of such aircraft to comply with this standard. The Town's
sole obligation, unless otherwise provided by any FBO lease agreement, shall be
the maintenance of the aircraft parking space, exclusive of tie-down ropes and
grass surfaces. The Town will not guarantee grass areas to be suitable for aircraft
tie-downs. Unless otherwise provided for in the lease agreement, the individual
leases shall be responsible for maintaining (i.e. cutting grass, snow removal, etc)
their leased areas.
C. A specific tie-down space shall be assigned by the Airport DirectorManager to
each aircraft renting on a monthly basis. Separate areas shall be designated by the
Airport DirectorCommission for FBO aircraft and itinerant tie-downs. No person
shall take or use any aircraft anchoring or tie-down facilities when such facilities
are already in actual use by or rented to another person.unless that person has an
approved tie-down Lease Agreement with the Town. Aircraft found to be parked
in a tie-down space without an approved tie-down Lease Agreement will be
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subject to removal by the Town, at no risk or liability to the Town, and at the
expense of the owner of the aircraft.
D. No repairs to aircraft or engines or oil changes shall be made in tie-down spaces
or on any apron (except in designated areas).
E. No aircraft engine shall be started on an aircraft unless a competent operator is in
control of the aircraft and brakes have been set or the wheels have been set with
blocks that are equipped with ropes or other suitable means for removing such
blocks.
F. The engine shall be started, warmed up and run only in places designated for such
purposes by the Airport DirectorManager. No aircraft engine shall be run-up
unless the aircraft is in such a position that the propeller or jet blast clears all
hangars, shops other buildings, persons, other aircraft and automobiles or vehicles
in the area, and the flight path of landing aircraft. Engine run-ups above idle
power for the purpose of aircraft maintenance activities shall not be performed
between the hours of 10:00 p.m. and 6:30 a.m.
G. Each operator shall be responsible for the removal of snow and ice from all its
leased area and areas in which it is authorized to operate, and shall keep its leased
areas in which it is authorized to operate free and clear of all weeds, rocks, debris
and other material which is unsightly or could cause damage to aircraft, buildings,
persons or vehicles as the result of aircraft engine operation.
FEES AND OTHER CHARGES
(This section shall apply to common use and non-FBO-leased areas only)
A. Charges for tie-down space shall be established from time to time by the Airport
DirectorTown Council after considering recommendations from the Airport
Commission resolution. Charges are payable in advance by the fifth day of the
month. Monthly charges shall be pro-rated to the nearest one-half month for new
rentals. The Airport DirectorTown Council, after considering recommendations
from the Airport Commission, shall, from time to time, establish fees for services
in addition to aircraft tie-downs such as hangar rentals, fuel and lubricant charges,
landing fees and other services provided by the Town to airport users and FBOs
when not in conflict with any lease agreement or law.
TAXIING
A. All aircraft shall be taxied at a low and reasonable speed and, if not equipped with
adequate brakes, shall be towed by tractor.
B. Aircraft awaiting take-off shall stop at designated hold lines off the runway in use
and in a position so as to have a direct view of aircraft approaching for a landing
and shall give full right-of-way to such aircraft.
C. No person shall taxi an aircraft until he has ascertained that there will be no
danger of collision with any person or object in the immediate area by visual
Commented [SC1]: Council sets tie-down and hangar rental
fees by ordinance during the annual budget process.
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inspection of the area and, when available, through information furnished by
airport attendants.
D. Aircraft on the taxiway must stop before entering the runway and allow aircraft,
which are exiting main runway at intersection or far end to the runway to clear the
runway. Aircraft clearing the runway after landing have the right-of-way over
aircraft on the taxiway preparing to enter the runway.
TRAFFIC RULES
A. All pre-takeoff checks must be completed before taxiing to takeoff position.
Takeoff will be made immediately after taxiing onto the runway.
B. All aircraft taking off shall proceed on runway heading to an altitude of at least
500 feet above the surface prior to making turns.
C. All aircraft intending to remain in the traffic pattern shall continue to climb to the
traffic altitude of 800 feet AGL (1,200 feet MSL) after the first 90 degree turn and
shall thereafter follow the pattern as set forth on the attached traffic pattern chart.
D. Aircraft having flight characteristics which make the above procedure impractical
shall be flown at approach altitudes for type of aircraft but shall conform to the
pattern shown as nearly as possible.
E. Touch-and-go landings and take-offs are may be prohibited denied by the Air
Traffic Control Tower when more than 2 aircraft are operating in the traffic
patternrequired to manage levels of high traffic pattern activity.
F. All IFR approaches in VFR weather conditions should be terminated before
pattern area, and the IFR aircraft should circle the field at normal pattern altitude
and enter the normal pattern.
G. Aircraft on IFR clearances should not assume that they have priority over VFR
aircraft, and they must maintain vigilance for VFR flights in or near the pattern of
the field.
LANDINGS
A. Except as directed by the Air Traffic Control Tower, Aaircraft entering the traffic
pattern shall do so at an angle of 45 degrees on the downwind leg and at an
altitude of 800 feet above the surface, or as prescribed for type of aircraft on the
traffic pattern.
B. Except in the cases of permitted touch-and-go landings and take-offs, all aircraft
shall turn off the runway as soon as reasonably possible after landings and taxi
only on designated taxiways.
FIRE REGULATIONS
The following shall apply, except where either insurance requirements or applicable
codes differ, in which case the latter shall prevail.
A. No aircraft shall be fueled or drained while its engine is running, or while in a
hangar or other enclosed place. Fueling shall be done in such a manner and with
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such equipment that adequate connections for bonding of electricity shall be
continuously maintained during such time.
B. Any FBO providing fuel service shall provide service to individual aircraft with
trained personnel employed by the FBO. Except at designated public-use self-
service fuel facilities, iIndividual aircraft operators shall not use FBO equipment
to fuel their own aircraft. Equipment, operation and maintenance of fueling
facilities shall be in accordance with National Fire Protection Association
guidelines and recommendation as published in NFPA 10, 30, 70, 77, 385, 409,
415 & 418. FAA Advisory Circular 150/5230-3 Fire Prevention During Aircraft
Fueling Operations and 150/5230-4 Aircraft Fuel Storage, Handling and
Dispensing On Airports is incorporated by reference.
C. The cleaning of power plants or other parts of aircraft shall not be carried on in
any hangar, except with non-flammable substance. If flammable liquids shall be
employed for this purpose, the operation shall be carried on in the open air.
D. All persons using in any way the airport area or the facilities of the Airport shall
exercise the utmost care to guard against fire and injury to persons or property.
E. All hangar and shop floors shall be kept clean and free from oil, gas and other
flammable substances. No volatile flammable solvent shall be used for cleaning
floors. No rags soiled with flammable substances shall be kept or stored in any
building on the Airport in such a manner as to create any fire hazard.
E.F. F. No person shall smoke or ignite any matches, flares, lighters or other
objects which produce an open flame within a hangar, shop, building or structure
in which any aircraft is or may be stored, or in which any aircraft is or may be
stored or within 50 feet of any aircraft or any fueling facilities.
FEDERAL AVIATION ADMINISTRATION GRANT ASSURANCES
A. Nothing contained in these Rules, Regulations and Minimum Standards shall be
interpreted in any manner so as to violate any FAA/Sponsor Assurances for AIP
grant funding.
B. Applicable sections of the PART V ASSURANCES-AIRPORT AND
PLANNING AGENCY SPONSORS shall be incorporated asconsidered a part of
these Rules, Regulations and Minimum Standards by reference.
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CHAPTER THREE
AIRPORT OPERATORS, LEASES AND CONCESSIONS
BUSINESS ACTIVITIES
Subject to applicable orders, certificates or permits of the FAA, or its successor, grant
agreements with the FAA and the laws of the Commonwealth of Virginia, no person shall
use the Airport or any portion thereof or any of its improvements or facilities for
commercial, business or aeronautical activities who has not first complied with these
minimum standards and obtained the consent and all required permits and licenses for
such activities from the Town or Airport Commission as appropriate, and entered into
such written leases and other agreements prescribed by the Town or agreed upon by the
Town and such person. Notwithstanding any other provision of these minimum standards
where a conflict exists between these minimum standards and any operator lease
agreement now or hereafter approved by the Town, the requirements of the latter shall
prevail.
All applicants for an Airport Commercial Ooperator's license permit will specify the
activities, which he desires to conduct on the Airport. An Operator who has been issued a
licensepermit shall conduct only those services for which he has been granted a
licensepermit. LicensePermits must be renewed annually and licensepermit fees are due
on or before July 1 of each fiscal year.
APPLICATION FOR LEASE NOT SUBJECT TO FRANCHISE STATUTE
Applications for leases of ground on the Airport, or for permission to carry on any
commercial, business or aeronautical activity at the Airport, which do not fall within the
terms of Section 15.2-2100, et seq., of the Code of Virginia, shall be made to the Town
on forms prescribed by it. The Town shall, as soon as practicable, refer such application
to the Airport Commission for consideration and recommendation. The Airport
Commission may, if it deems advisable, have a public hearing upon the receipt of the
application. The applicant shall submit all information and material necessary or
requested by the Town or the Airport Commission to establish to itsthe satisfaction of the
respective bodies that the applicant can qualify and will comply with these minimum
standards. The application shall contain a statement of the names of every party owning
an interest in the business, those who will be managing the business, the sole proprietor
or every partner of the partnership, or each director and officer of the corporation as the
case may be, and such application shall be signed by such persons who shall have
authority to do so under the laws of the Commonwealth of Virginia. The Airport
Commission shall, as soon as practicable, and not to exceed 45 days after receipt of the
application, make a recommendation to the Town concerning such application. The
Town, after receipt of such recommendation by the Airport Commission, shall take such
action as it deems appropriate, which may include acceptance or rejection, or denial or
modification of such application. The Town shall render a decision on the application
within 90 days of its original submittal to the Town.
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APPLICATIONS FOR LEASE SUBJECT TO FRANCHISE STATUTE
The Town shall refer for review and recommendation all proposals to the Airport
Commission for leases of ground on the Airport or for permission to carry on any
commercial business or aeronautical activity at the Airport, which fall within the terms of
the aforementioned Section 15.2-2100, et seq., of the Code of Virginia. As soon as
practicable, and not to exceed 90 days, the Airport Commission shall recommend to the
Town such action, as they deem advisable on the proposal. After receipt of the
recommendations of the Airport Commission, the Town shall take such action as it deems
appropriate with respect to such proposal, including acceptance, rejection, denial or
modification, to the extent permitted by the law.
The Town shall decide any proposal made pursuant to this section within 120 days from
the bid opening date for such proposals.
VIRGINIA DEPARTMENT OF AVIATION APPROVALCERTIFICATION
All lease agreements on the Airport shall bemeet the terms and provisions of any and all
state and federal grants reviewed and approved by the Virginia Department of Aviation in
accordance with Section 5.1-40, et seq, of the Code of Virginia.
ACTION ON APPLICATION
The Town may deny any application or reject any bid or proposal as the case may be, if,
in its opinion, it finds any one or more of the following:
The applicant for any reason does not meet the qualification, standards and requirements
established by these minimum standards; or
A. The applicant's proposed operations or construction will create a safety hazard on
the Airport; or
B. The granting of the application will require the Town to spend Town funds, or to
supply labor or materials in connection with the proposed operations to an extent
which the Town is unwilling to enter into such arrangement; or the operation will
result in a financial loss to the Town; or
C. There is no appropriate, adequate or available space or building on the Airport to
accommodate the entire activity of the applicant at the time of the applications; or
D. The proposed operation, airport development or construction does not comply
with the Master Plan of the Airport; or
E. The development or use of the area requested by the applicant will result in
depriving existing operator's of portions of the area in which they are operating;
or will result in a congestion of aircraft or buildings; or will result in unduly
interfering with the operations of any present FBO on the Airport through
problems in connection with aircraft traffic or service, or preventing free access to
the operator's area; or
F. Any party applying, or interested in the business, has supplied the Airport
Commission with any false information or has otherwise misrepresented any
Commented [SC2]: This Section 5.1-40 was changed in 2012 to read that the Town must certify that leases meet the grant obligations. DOAV approval is not needed.
https://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0836&121+ful+CHAP0836
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material fact in his application or in supporting documents; or has failed to make
full disclosure on his application or in supporting documents; or
G. Any party applying, or interested in the business, has a record of violating these
rules and regulations, or the rules and regulations of any other airport, or the
Federal Aviation Regulations or any other minimum standards applicable to the
Airport; or
H. Any party applying, or interested in the business, has defaulted in the performance
of any lease or other agreement with the Town; or
I. Any party applying, or interested in the business, has a credit report which
contains derogatory information and does not appear to be a person of satisfactory
business responsibility and reputation; or
J. The applicant does not appear to have, or have access to the operating funds
necessary to conduct the proposed operation for a minimum period of six months;
or
K. Any party applying or interested in the business has been convicted of any crime
or violation of any Town ordinance of such a nature that it indicates to the Town
that the applicant would not be a desirable operator on the Airport.
L. Nothing contained herein shall be constructed to prohibit the Town from granting
or denying, for any reason it deems sufficient, any application to do business on
the Airport for the purpose of selling, furnishing or establishing non-aviation
products and supplies or any service or business of a non-aeronautical nature, or
the application by a person for an area on the Airport for the personal non-profit
use of such person.
SUPPORTING DOCUMENTS
Applicants shall furnish evidence of organizational and financial capability to provide the
proposed activities as may be requested by the Town or Commission.
All applicants shall submit the following supporting documents to the Town, together
with such other documents and information as may be requested by the Town or the
Airport Commission:
A. A current financial statement prepared or certified by an independent certified
public accountant, and certified by the chief financial officer(s) of the applicant,
or by the proprietor.
B. A written listing of the assets owned or being purchased, which will be used in the
business on the Airport.
C. A current credit report covering all area in which the applicant has done business
during the last ten years.
D. A written authorization for the FAA and all aviation or aeronautic commissions,
administrators, or departments of all states in which the applicant has engaged in
aviation business to supply the Town with all information in their files relating to
the applicant or his operation. The applicant shall execute such forms, releases
and discharges as may be requested by any of these agencies.
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No person may conduct commercial aeronautical activities at the Airport until an
agreementAirport Commercial Operator’s permit, incorporating the applicable standards
set forth herein, is reviewed for recommendation to the Townapproved by the Airport
Commission and approved and executed by the Town Councilby the Airport Director.
Except in the case of a valid sublease, no person may occupy a Town-owned space until
an agreement, incorporating the applicable standards set forth herein, is reviewed for
recommendation to the Town by the Airport Commission and approved by the Town
Council; establishing airport space lease terms, rental amounts and other terms and
conditions required by the Town and the Airport Commission; has met the qualifications,
standards and requirements of these minimum standards; and has paid the required fees
and received an operator's licensepermit from the Airport Director Commission. Before
any person is issued an operator's licensepermit, he shall pay to the Town the
licensepermit fee prescribed in Section 2.1-6 of the Town Code for the applicable service
to be conducted by the Operator, except that the Airport Director such fees may be
waived such fees for any government or governmental agency or department or person
performing non-profit public services to the aircraft industry, or performing air search
and rescue operations, or performing fire prevention or fire fighting operations.
Each Operator approved shall acknowledge in writing to enter into an agreement with the
Town which includes an agreement on the part of the Operator to that it accept, agree to
be bound by, comply with and conduct his business operations in accordance with these
minimum standards and to agree that his licensepermit and authority to carry on business
at the Airport shall be subject to the terms and conditions set out in these minimum
standards and the revocation or termination thereof as herein provided.
Each Operator shall, upon being authorized by the Airport DirectorCommission and as
the construction of any required physical facilities permits, immediately commence and
conduct on a full-time basis all business activities and services authorized.
Unless otherwise provided in the any lease agreement with the Town, the Operator shall,
at its own expense, provide, construct, install, equip and maintain all utilities, buildings,
structures, ramps, tie-down areas, taxi-ways, fences and all other facilities and
improvements requested or approved by the Town and Airport Commission as being
advisable and necessary for the Operator to carry on the activities or services authorized
by the Town and Airport Commission. Facility maintenance shall include maintaining all
grassed areas (i.e. cutting grass) and all snow removal. The Town may, at its discretion,
provide Town assistance in the development of the operation area.
The Operator shall promptly pay, when due, all charges for water, sewer, power,
telephone service and all other utilities and services supplied to his operation at the
Airport; and all wages or salaries and all rentals, fees and payments payable to the Town.
Unless otherwise provided by the Airport DirectorCommission, all operations of the
Operator shall be conducted on one area of sufficient size to accommodate all services for
which the operator is licensepermitted, allowing for future growth and additional services
as contemplated by the Airport CommissionMaster Plan, or the applicant, at the time of
application, to the extent, however, that space is available at the Airport. The Operator
shall carry on its business operations strictly within the areas assigned it by the Airport
DirectorCommission and its operations shall not in any way interfere with: the operations
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of the other Operator's; agencies or other business operating on the Airport; the use of the
Airport by the general public; or with any common use areas. The Operator shall not use
any common use areas except as authorized by these minimum standards or the Airport
DirectorCommission.
For an Operator to qualify for a licenseAirport Commercial Operators permit, it must
have available sufficient operating funds to conduct the proposed business for a period of
at least six (6) months.
An Operator shall cooperate with the Airport Commission and Director in the operation,
management and control of the Airport and shall do all things reasonable to advance or
promote the Airport and aeronautical activities thereon and to develop the Airport into an
attractive, efficient and modern facility.
All complaints against any Operator for violation of these minimum standards shall be
filed with the Airport Director and made in writing, signed by the party submitting the
complaint and specifying dates, times and witnesses, if any. The Airport Director may
shall forward such correspondence to the Airport Commission for its review and
recommendationas soon as practicable.
The Operator agrees to indemnify, defend, and save the Town, its authorized agents,
officers, representatives and employees from and against any and all actions, penalties,
liability, claims, demands, damages, or loss resulting form claims or court actions,
whether civil, criminal or in equity, and arising directly or indirectly out of acts of
omissions of the Operator, its agents, employees, servants, guests, or business visitors.
To guarantee performance of the obligations set forth in the paragraph above, the
Operator shall secure, at its expense, public liability and property damage insurance on
which the Town shall be named as an additional insured. Such policies of insurance shall
be maintained in full force and effect during all terms of existing leases, agreements or
business licenses or renewals or extensions thereof. Such policies shall be in minimum
amounts, as specified herein in the minimum standards for each category of aeronautical
activity, and shall be placed with a reputable company approved by the Town. Copies of
all such policies of insurance shall be delivered to the Town and shall be held for the
benefit of the parties as their respective interests may appear. The amounts of said
insurance shall not be deemed a limitation on the Operator's liability to the Town and if
the Town or any of its authorized agents, officers, representatives or employees becomes
liable for an amount in excess of the insurance, the Operator will save and hold them
harmless for the whole thereof.
AIRPORT LICENSEPERMIT AND LEASES NON-TRANSFERABLE
No right, privilege, permit or license to do business at the Airport, or any lease of any
area of the Airport or a part thereof shall be assigned, sold or otherwise transferred or
conveyed in whole or in part without the prior express written consent of the Town. No
lease, or portion thereof, may be assigned or sublet without prior approval of the Town
and all assignees or sub-leases as approved by the Town shall comply with these
minimum standards.
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EFFECT ON EXISTING LEASES
Leases in effect at the time these standards are adopted shall be "Grandfathered" to the
extent that existing operators shall not be required to institute any changes required in
these standards which will detract from their profitability; however, any new services or
new construction of facilities by existing operators is subject to these new standards.
Existing leases shall be required to uphold those standards on which their original leases
were contingent. All new leases, new lease agreements and lease renewals entered into at
the Airport after adoption of these minimum standards shall be required to comply with
these minimum standards.
OPERATOR APPROVAL NOT REQUIRED
The Town may, without the consent or approval of any Operator/FBO or other person
licensepermitted to do business or use part of the Airport, make changes in the Master
Plan of the Airport and its planning and policies in connection with the development of
the Airport.
OPERATION AREA
No person authorized to operate or conduct business activities at the Airport shall do so
on any area except those specified by the lease agreement, or approved by the Airport
Commission.
REFUSE
No person shall throw, dump or deposit any waste, refuse or garbage on the Airport. All
waste, refuse or garbage shall be placed and kept in closed garbage cans or containers
(i.e. commercial dumpsters) and all operating areas shall be kept in a safe, neat, clean and
orderly manner at all times and in such a manner as to minimize any hazards.
ACTS OF GOD
Nothing contained in these rules and regulations shall be constructed as requiring the
Town to maintain, repair, restore or replace any structure, improvement or facility which
is substantially damaged or destroyed due to an act of God or other condition or
circumstance beyond the control of the Town.
PENALTIES
In addition to any penalties otherwise provided by Town ordinance, law, the Virginia
Department of Aviation or the Federal Aviation Regulations, and all other rules and
regulations and the FAA, any person violating these minimum standards may be
promptly removed or ejected, either temporarily or permanently, from the Airport by the
Airport Director. The Town ManagerAirport Commission may hear and decide appeals
from the persons so removed in accordance with this chapter. The Airport Director shall,
in writing, within 7 days of any such removal or ejection, render to the person removed or
ejected under this section, a letter to his last known mailing address delineating the
specific violation of these minimum standards which necessitated such removal. The
Town ManagerAirport Commission may hear appeals submitted by any person or
persons so removed or ejected, within 10 days of their receipt of such letter from the
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Airport Director. The Town Manager may, but shall not be required to, seek input from
the Airport Commission in the context of any such appeal. The decision of the Town
ManagerAirport Commission shall be final.
GOVERNMENT AGREEMENTS
WAR OR NATIONAL EMERGENCY
During time of war or national emergency, the Town shall have the right to lease the
Airport, or the landing area, or any part thereof to the United States Government for
military or naval use, and, any license or authority granted under these rules and any
lease and agreement executed pursuant hereto shall be subject to such government lease
and the provisions of the government lease shall control insofar as they are inconsistent
with the said operators agreement, lease or authority.
LEASES SUBORDINATE TO GOVERNMENT LEASE
Any licensepermit, authority, lease or agreement entered into pursuant to these
regulations shall be subject and subordinate to the provisions of any existing or future
agreement between the Town and the Commonwealth of Virginia or the United States,
relative to the operation or the maintenance of the Airport, the execution of which has
been or may be required as a conditioned precedent to the expenditure of federal funds
for the development of the Airport.
LEASE TERMINATION
The Town may, at its discretion and with thirty (30) days notice, terminate any lease or
other agreement authorizing the Operator to conduct any services or businesses at the
Airport, which said termination shall automatically revoke the Operator's licensepermit,
for any cause or reason provided in these rules and regulations, or by the law, and in
addition thereto, upon the happening of any one or more of the following:
A. Filing of a petition voluntarily or involuntarily, for the adjudication of the
Operator as bankrupt.
B. The making by the Operator of any general assignment for the benefit of
creditors.
C. The abandonment or discontinuance of any permitted operation at the Airport by
the Operator or the failure to conduct them on a full time basis without the prior
approval of the Town and the Airport Commission.
D. The failure of the Operator to remedy any default or breach of violations by it its
personnel in keeping, observing, performing, and complying with these minimum
standards and the terms, covenants and conditions in any lease or agreement
entered into pursuant hereto on the part of the Operator to be performed, kept or
preserved, within 30 days from the date written notice from the Airport Manager
Director has been mailed or delivered to the place of business of the FBO at the
Airport.
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E. The failure to promptly pay to the Town, when due, all rents, charges, fees and
other payments which are payable to the Town by the Operator.
F. The Operator, or any partner, officer, director, employee or agent thereof commits
any of the following violations:
a. Violates any of these minimum standards; or
b. Engages in unsafe or abnormal or reckless practices in the operation of an
aircraft on or in the vicinity of the Airport, which creates a hazard to the
safety of other airport users, other aircraft, or the general public, or
endangers property, or which could, if an emergency developed
foreseeably result in causing personal injuries or death to a person or
damage to property; or
c. Operates the business of the Operator in such a fashion as to create a
safety hazard on the Airport for other airport users, aircraft or property at
the Airport, the general public or the Airport, or any pilots, students or
passengers.
d. The discovery that the Operator, through its application, supporting
documents, or other statements offered in the context of its
applicationbefore the Airport Commission or Town, has misrepresented,
misstated, falsified, or failed to make full disclosure of any information
related to its application for an Operator licensepermit or lease agreement
with the Town.
In the event of such termination, the Operator shall forthwith peaceably vacate the
Airport and surrender possession of the premises to the Town and cease and desist all
business operations at the Airport. Should the Operator fail to make such surrender, the
Town shall have the right at once and without further notice to the Operator, to enter and
take full possession of the space occupied by the Operator at the Airport by force or
otherwise, and with or without legal process to expel, oust and remove any and all parties
and any and all goods and chattels not belonging to the Town that may be found within or
upon the same at the expense of the Operator hereunder shall cease, and the Operator
shall immediately vacate any space occupied by it under this agreement or any lease or
leases and shall make no claim of any kind whatsoever against the Town, its agents or
representatives by reason of such termination or any act incident thereto.
In addition to all other rights and remedies provided in these rules, the Town shall have
any and all other rights and remedies in law or in equity, including the equitable remedy
of injunction, to enforce these rules and regulations, to obtain compliance herewith and to
impose the penalties herein provided.
To the extent necessary to protect the rights and interest of the Town or to investigate
compliance with the terms of these rules and regulations, the Airport Commission, the
Airport Director or any authorized agent of the Town shall have the right to inspect at all
reasonable times all airport premises together with all structures or improvements and all
aircraft equipment and all licenses and registrations.
Each operator shall be responsible for the removal of snow and ice from all its leased area
and areas in which it is authorized to operate, and shall keep its leased areas and areas in
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which it is authorized to operate free and clear of all weeds, rocks, debris and other
material which is unsightly or could cause damage to aircraft, buildings, persons or
vehicles as the result of aircraft engine operation.
The operator shall park and store the aircraft used in its operations and itsŠ customers'
aircraft on its assigned area only, unless arrangements for such parking with another
operator, or the Airport Commission Director are made.
WAIVER OF THESE PROVISIONS
The Town Council may in its discretion, waive all or any portion of these minimum
standards for the benefit of any government or governmental agency performing non-
profit public services to the aircraft industry, or performing air search and rescue
operations, or performing fire prevention or fire fighting operations, but only to the extent
permitted by the rules of the FAA and the laws of the Commonwealth of Virginia.
LEASE CLAUSES
The following clauses will be included in all lease and concession agreements authorizing
commercial aeronautical activities at the Airport.
A. In addition to the premises specifically designated for its exclusive use, this
Agreement grants lessee the non-exclusive right to use the airfield and associated
operational areas in common with others so authorized, which right shall be
exercised in accordance with the laws of the United States of America and the
State of Virginia, the rules and regulations promulgated by their authority with
reference to aviation and air navigation, and all pertinent directives, rules and
regulations of the Town of Leesburg and the Airport Commission.
B. Lessee shall keep and maintain at the Airport, or at such other place as may be
approved in writing by the Airport DirectorCommission, true and accurate books
and records of its operations under the terms of any Agreement, in a form
satisfactory to the CommissionAirport Director. Such books and records as well
as certified financial statements, reports of any external audits prepared for lessee
and its income tax return, shall be made available to the Airport
DirectorCommission. Such books and records as well as certified financial
statements, reports and any external audits prepared for lessee and its income tax
return, shall be made available to the Airport DirectorCommission or to the
Commissions independent auditors retained by the Town, at the Airport, for
inspection and copying at reasonable business hours during the term of any
Agreement and for two (2) years thereafter.
C. Lessee shall furnish its services on a fair, reasonable, and non-discriminatory
basis to all its customers at the Airport and shall file a rate schedule for services
provided with the Airport DirectorCommission.
D. Lessee shall maintain at its own expense all necessary permits and licenses
required in the conduct of its business at the Airport.
E. Lessee shall at all times retain qualified and competent personnel to conduct its
authorized activities and said personnel shall be authorized to represent and act
for lessee.
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F. Lessee shall observe and obey all laws, ordinances, rules and regulations of the
United States and of the State of Virginia, Loudoun County and the Town of
Leesburg which may be applicable to its operations at the Airport, and shall make
no unlawful or offensive use of the leased premises.
G. Lessee shall bear all costs of its operation at the Airport and shall pay, in addition
to the concession fees and payments herein, all other costs connected with the
operation of said business including, but not limited to, insurance and taxes.
Lessee shall be responsible for payment of such Town lease taxes as may be
applicable.
H. Lessee shall provide the Airport DirectorCommission a schedule of the hours of
operation that lessee will be open to the public and the names and telephone
numbers of company officials who shall be available at all hours of company's
operations at the Airport to perform required management functions.
I. Lessee shall conform to all applicable safety, health, and sanitary codes and
agrees to cooperate with the Town in its Fire Prevention efforts and to provide for
the participation of its employees when Fire Prevention and Emergency training is
conducted by the Town of Leesburg.
J. Lessee is and shall be deemed to be an independent contractor in the conduct of
its business and activities hereunder, and shall be responsible for all persons for
its acts of omission or commission and the Town shall in no way be responsible
therefore. In the use of the Airport lessee shall indemnify and save harmless the
Town of Leesburg, its agents and employees, form any all liability that may
proximately result because of any negligence on the part of lessee's officers,
agents, or employees.
K. Lessee shall furnish a payment guarantee in the form of a Performance Bond,
Cashier's Check, Certified Check, Money Order, or an irrevocable Letter of Credit
from a bank for a specified period, in an amount to cover its anticipated
obligations for a six-month period and as security for the full and faithful
performance and observance by lessee of the terms, covenants, and conditions of
this Agreement.
L. Lessee shall not discriminate in any manner against any employee or applicant for
employment because of political or religious opinion or affiliation, sex, race,
creed, color or national origin; and further, lessee shall include a similar clause in
all subcontracts, except subcontractors for standard commercial supplies or raw
materials.
M. Lessee shall notify the Commission Airport Director if it intends to base, or
regularly service, any aircraft or service vehicles (i.e. fueling tenders/trucks)
whose weight exceeds the design strength of the pavement utilized by the
vehicle's operations. Notice shall be given at least 60 days prior to the
commencement of operations. The Commission Airport Director may require the
lessee to make improvements necessary to accommodate these larger wheel
loadings.
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N. Lessee shall cooperate and respond to questionnaires and inquiries by the FAA,
DOAV and Town.
O. Minority Business Enterprise Clauses - The following provision will be included
in all leases: The lessee assures that it will undertake an affirmative action
program as required by 14 CFR 152, Subpart E, to insure that no person shall on
the grounds of race, creed, color, national origin or sex be excluded from
participating in any employment activities covered in 14 CFR Part 152, Subpart
E. The lessee assures that no person shall be excluded on these grounds from
participating in or receiving the services or benefits of any program or activity
covered by this subpart. The lessee assures that it will require that its covered
suborganizations provide assurances to them that they similarly will undertake
affirmative action programs and that they will require assurances from their
suborganizations, as required by that subpart.
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CHAPTER FOUR
MINIMUM STANDARDS FOR AERONAUTICAL ACTIVITIES
These minimum standards have been developed to establish requirements for specific
services, which may be provided at Leesburg Executive Airport.
GENERAL REQUIREMENTS
1. The minimum space requirements stipulated herein may be wholly or partially
satisfied within suitable existing or planned structures at the Airport either
through a lease of such space from the Town or a sublease of such space with the
permission of the Town.
2. Preliminary plans and specifications for construction of any improvements
required to satisfy these minimum standards shall be approved in writing by the
Commission Airport Director prior to formalization of a lease with the applicant.
3. All persons required herein to possess FAA and State of Virginia licenses,
certificates and ratings shall maintain the currency of such licenses, certificates
and ratings.
4. With the exception of authorized repair facilities, lessees shall be authorized to
conduct owner authorized or routine maintenance on their own aircraft and then
only in buildings meeting the minimum standards of this chapter - "Airframe and
Power Plant Repair". Owner Authorized or Routine Maintenance for the purpose
of this paragraph is defined as maintenance that can be performed with ordinary
hand tools and which can be performed by an owner not holding a FAA A&P
license. Special tools and equipment such as air compressors, drill press and other
power tools may not be used. Spray painting is prohibited.
5. The requirement to provide paved ramp tie-down facilities may be waived should
the Airport Director Commission, in his/herits sole discretion, conclude that
construction of such facilities for the common use of operators would better
provide for the conduct of related operations.
6. Handicapped parking shall be provided as required by local ordinance in addition
to each individual activity minimum-parking requirement.
CONTENT OF STANDARDS
Although a financial commitment is a prime concern in establishing standards for a
potential commercial operator, other elements are equally important and are incorporated
into the standards for commercial aeronautical activities. These include:
A. Suitable space, improvements or facilities.
B. Adequate fixtures and equipment.
C. Adequate staff of employees with skills, licenses and certifications appropriate to
the proposed activities.
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D. Specified hours of operation.
E. Compliance with safety, health and sanitary codes.
F. Evidence of financial stability and good credit.
G. Minimum levels of insurance and liability coverage.
MINIMUM STANDARDS
A. The following standards have been developed after consideration of the above
elements with special attention to their applicability at Leesburg Executive
Airport. The standards set forth are applicable to the specific commercial
aeronautical activity or combination of activities addressed and must be met by
any applicant desiring to conduct such activities at the Airport.
B. The standards set forth herein are the minimum which the Commission Town will
require in agreements authorizing commercial aeronautical activities, and unless
specifically limited, do not preclude the applicant from seeking greater operating
authority.
C. Nothing contained in these minimum standards is intended to preclude the
Commission Town from requiring additional or different terms or conditions for
the conduct of a proposed commercial aeronautical activity which may be
reasonable or expedient in the opinion of the CommissionTown.
INSURANCE REQUIREMENTS FOR ALL ACTIVITIES
All lessees shall procure and maintain as a minimum the insurance as described below.
A. Airport General Liability: including products and completed operations:
$1,000,000.00 combined single limit or an amount acceptable to the Airport
ManagerDirector.
B. Hangar Keepers Legal Liability (if applicable): $ 250,000.00 each aircraft
$500,000.00 each occurrence or an amount of the combined value of all aircraft in
the care, custody, and control.
C. Aircraft Liability (if applicable): $1,000,000.00 combined single limit including
passengers
D. Automobile Liability (if applicable): $ 1,000,000.00 combined single limit
E. Workers Compensation: as required by law;
F. Employers Liability (if applicable): $500,000 limits of liability
G. Environmental Liability (if applicable): $1,000,000 each incident
The Town of Leesburg is to be included as an additional insured in (A) above with a 10
day notice of cancellation.
FULL SERVICE FBO-AIRCRAFT FUEL, STORAGE AND
MAINTENANCE SERVICES
GENERAL
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An aircraft fuel, storage and maintenance service operation is an entity providing
services which include: the sale and into-plane delivery of recognized brands of
aviation fuel, lubricants and other related aviation petroleum products; the
servicing of aircraft, ramp assistance, and the parking, storage, and tie-down of
aircraft; and providing one or a combination of airframe and power plant repair
services. This category of commercial aeronautical service will also include the
sale of aircraft, parts and accessories. This category shall be referred to as a "Full
Service FBO"
MINIMUM STANDARDS
1. GROUND SPACE AND IMPROVEMENTS:
A. Lessee shall lease from the Town an area of land on which shall exist or be
erected a hangar-type building ( 12,500 S.F. minimum) to provide: 1) sufficient
hangar space for airframe and power plant repair services (10,000 S.F. minimum),
and if contemplated, to include a segregated painting area (500 S.F. minimum)
meeting local and State industrial code requirements; 2) hangar(s) or additional
space (2,500 S.F. minimum) within the above mentioned hangar sufficient to store
aircraft; and 3) adequate office and customer facilities with a minimum of 2,500
square feet with sufficient accommodations for passengers and crew of transient
aircraft and visitors, to include heating and air conditioning, and restrooms..
B. Lessee shall provide a paved aircraft apron (9,000 S.F. minimum) within the
leased area to accommodate movement of aircraft from its facility to the taxiway
complex. This requirement may be waived by the Commission for other amenities
if existing site conditions permit.
C. Lessee shall provide or lease a paved area sufficient to park at least 10 aircraft
with adequate tie-down facilities and pavement access to taxiways. Lessee shall
provide or lease above ground fuel storage tanks at the Airport which will
maintain an adequate supply of fuel of the grades required by the aviation users at
the Airport on-hand at all times. Above ground fuel storage tanks of at least
12,000-gallon storage capacity shall be located in approved areas and fuel
delivered into aircraft by truck (fueler) or at designated fueling stations by trained
personnel employed by the FBO providing the service stations. Individual aircraft
operators shall not use FBO equipment to fuel aircraft. Any FBO providing fuel
service shall provide service to individual aircraft with trained personnel
employed by the FBO.
D. The Town may authorize Self-Service Fueling operations to a Full-Service FBO if
such facilities are constructed in a manner and location consistent with the
approved Airport Layout Plan. Lessee may not install Self-Service Fueling
equipment without providing full service Fueling service to the public. Self
Service Fueling is the dispensing of Fuel by a pilot into an Aircraft from a pump
installed for that purpose. A Self-Service Fueling facility is for public use. The
Fueling facility may or may not be attended by the Full-Service FBO that owns
and operates the equipment.
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E. Lessee shall provide adequate paved customer auto parking space (15 space
minimum) and a paved walkway to accommodate pedestrian access to its facility.
Employee spaces shall also be provided (one space per employee shift) The
Commission, at its discretion, may waive this provision for payment of an
equivalent amount toward centralized parking facilities.
F. Equipment, operation and maintenance of the fueling facilities shall be in
accordance with National Fire Protection Association recommendations as
published in NFPA 10, 30, 70, 77, 385, 409, 415, & 418.
G. Equipment, operation and maintenance of the fueling facilities shall be in
accordance with applicable Regulations for the Control and Abatement of Air
Pollution, the State Water Control Board, and the Environmental Protection
Agency Resource Conservation and Recovery Act. Lessee shall be responsible for
full compliance with these regulations including all reporting requirements.
2. SCOPE OF SERVICE:
A. Lessee shall provide aviation fuel and oil dispensing service during the required
operating hours. Such services will be available to customers within fifteen
minutes of arrival or request.
B. Lessee shall provide minor repair and cabin services to all types of aircraft using
its facilities as can be performed efficiently on the ramp or tie-down areas, as
permitted by Airport Rules and Regulations. Such services will be available on a
continuous basis.
C. Lessee shall provide airframe and power plant service during the required
operating hours. Coverage may be reduced during evenings and weekends upon
the approval of the CommissionAirport Director, provided a reasonable on-call
capability is confirmed.
D. Lessee shall provide sufficient uniformed, efficient and trained personnel on duty
during appropriate business hours, as necessary to meet the minimum standards
set forth in this category of service. These persons will be currently certified by
FAA with current ratings appropriate to the work being performed.
E. Lessee shall provide an employee to be in attendance in the facility office at all
times during the required operating hours.
F. Lessee shall provide, or lease with approval of Commissionthe Airport Director,
and will maintain mobile pumping equipment for each grade of fuel dispensed
with separate dispensing pumps and meters to efficiently service all aircraft
normally using its facilities. Stationary fueling facilities located in approved
fueling areas may be used in lieu of or in addition to providing mobile equipment;
however, the lessee shall provide trained personnel to deliver fuel into aircraft.
Individual aircraft operators shall not use FBO equipment to fuel their own
aircraft.
G. Lessee shall provide suitable tractors, tow bars, jacks, dollies and other equipment
as might be necessary to remove the largest type aircraft that normally would be
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expected to utilize its service at the Airport, tools, tire repairing equipment,
energizers and starters, heaters, oxygen supplies, fire extinguishers and passenger
loading steps as appropriate and necessary.
H. Lessee shall establish and publish its hours of operation. Services shall be
available, at a minimum, between the hours of 0800 and 1900 local time, five
days a week and seven days a week for fuel. Lessee shall also provide assistance
in moving aircraft into and out of its hangar (s) and provide fueling services
between the hours of 1900 and 0800 if requested in advance by an aircraft
operator.
AIRFRAME AND POWER PLANT REPAIR
GENERAL:
An airframe and power plant repair facility operator is an entity providing one or a
combination of airframe and power plant repair services. This category of commercial
aeronautical service will also include the sale of aircraft parts and accessories.
MINIMUM STANDARDS:
1. GROUND SPACE AND IMPROVEMENTS:
A. Lessee shall lease from the Town an area of land on which shall exist or be
erected a hangar-type building (10,000 S.F. minimum) to provide: 1) sufficient
hangar space for airframe and power plant repair services (10,000 S.F. minimum),
and if contemplated, to include a segregated painting area (500 S.F. minimum)
meeting local and State industrial code requirements; and 2) adequate floor space
(500 S.F. minimum) for office, customer lounge and restrooms which shall be
properly heated, air conditioned and lighted.. Such public space shall be leased, if
required by the CommissionAirport Director, in a central general aviation
terminal building.
B. Lessee shall provide a paved aircraft apron (2,500 S.F. minimum) within the
leased area to accommodate aircraft movement from its facility to the other areas
of the Airport. This requirement may be waived by the Commission Airport
Director for other amenities if existing site conditions permits.
C. Lessee shall provide or lease a paved area sufficient to park 4 aircraft (5,000 S.F.
minimum), with adequate tie-down facilities and with paved access to taxiways.
Lessee shall provide adequate paved customer auto parking space (10 space
minimum) and a paved walkway to accommodate pedestrian access to its facility.
Employee spaces shall also be provided (one space per employee shift). The
CommissionAirport Director, at his/herits discretion, may waive this provision for
payment of an equivalent amount toward centralized parking facilities.
2. SCOPE OF SERVICE:
A. Lessee shall provide sufficient uniformed, efficient and trained personnel in such
numbers as are required to meet the minimum standards set forth in this category.
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These persons will be currently certified by FAA with current ratings appropriate
to the work being performed.
B. Lessee shall provide suitable tractors, tow bars, jacks, dollies and other equipment
as might be necessary to remove the largest type aircraft that normally would be
expected to utilize its service at the Airport.
C. Lessee shall establish and publish its hours of operation. Services shall be
available, at a minimum, between the hours of 0800 and 1630 local time, five
days a week.
AVIONICS, OR INSTRUMENT OR PROPELLER REPAIR
GENERAL:
An avionics, instrument or propeller repair facility operator is an entity engaged in the
business of and providing a facility for the repair of aircraft radios or instruments, or
propellers for aircraft. This category includes the sale of aircraft parts and accessories of
the type repaired.
MINIMUM STANDARDS:
1. GROUND SPACE AND IMPROVEMENTS:
A. Lessee shall lease from the Town an area of land on which shall exist or be
erected a hangar-type building (5,000 S.F. minimum) to provide: 1) sufficient
floor space (3,000 S.F. minimum) for avionics, instrument and propeller repair
services and 2) adequate floor space ( 750 S.F. minimum) for office, shop,
customer lounge, restrooms, all properly heated, air conditioned, and lighted..
Such public space shall be leased, if required by the CommissionAirport Director,
in a central general aviation terminal building.
B. Lessee shall provide a paved aircraft apron (2,500 S.F. minimum) within the
leased area to accommodate movement of aircraft from its facility to the other
areas of the airport. This requirement may be waived by the Commission Airport
Director for other amenities if existing site condition permits.
C. Lessee shall provide or lease a paved area (2,500 S.F. minimum) sufficient to park
2 aircraft, with adequate tie-down facilities and with paved access to taxiways.
Lessee shall provide adequate paved customer auto parking space (10 space
minimum) and a paved walkway to accommodate pedestrian access to its facility.
Employee spaces shall also be provided (one space per employee shift). The
CommissionAirport Director, at his/herits discretion, may waive this provision for
payment of an equivalent amount toward centralized parking facilities.
2. SCOPE OF SERVICE:
A. Lessee shall have its premise open and services available during operating hours
negotiated between the Lessee and the Airport DirectorCommission so as to meet
public demand for this category of service.
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B. Lessee shall provide sufficient uniformed, efficient and trained personnel in such
numbers as are required to meet the minimum standards set forth in this category.
These persons will be currently certificated by FAA with current ratings
appropriate to the work being performed.
C. Lessee shall have an employee in the office at all times during the established
operating hours.
AIRCRAFT CHARTER AND AIR TAXI
GENERAL:
An aircraft charter and an air taxi operator is an entity engaged in the business of
providing air transportation for persons or property to the general public for hire, either
on a commercial charter basis or as an air taxi operator.
MINIMUM STANDARDS:
1. GROUND SPACE AND IMPROVEMENTS:
A. Lessee shall provide or lease an office area of at least 200 square feet suitably
provided with heating, lighting, and air conditioning, and with accommodations
for an office and immediate access to a suitably sized customer lounge to include
restrooms.. Such space shall be leased, if required by the CommissionAirport
Director, in a central general aviation terminal building. No separate freestanding
building housing the required office space may be erected with less than 2,500
square feet without written approval of the CommissionAirport Director.
B. Lessee shall provide or lease a paved tie-down area and/or hangar space sufficient
to store all aircraft utilized in its operation, with paved access to taxiways. Lessee
shall provide adequate paved customer auto parking spaces (10 space minimum)
and a paved walkway to accommodate pedestrian access to its facility. Employee
spaces shall also be required (one space per employee shift) The
CommissionTown, at its discretion, may waive this provision for payment of an
equivalent amount toward centralized parking facilities.
2. SCOPE OF SERVICE:
A. Lessee shall have available for charter and air taxi, either owned or under written
lease to lessee, at least one (1) aircraft, certificated and currently airworthy, fully
equipped for instrument flight conditions, to meet public demand for its category
of service.
B. Lessee shall have in its employ a sufficient number of commercial or airline
transport rated pilots, who are currently qualified to operate the lessee's aircraft
under instrument flight conditions and are qualified under Part 135 of the Federal
Air Regulations. Lessee may employ part-time pilots, provided they are qualified
as outlined above.
C. Lessee must present to the TownCommission prior to a lease being granted a
FAA approved Part 135 Operations Manual and Training Manual. In addition the
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lessee must show the Commission Town that its Director of Operations and
Director of Maintenance both meet the requirements of FAR Part 135.
AIRCRAFT SALES
GENERAL:
An aircraft sales facility operator is an entity engaged in the sale of new or used aircraft
through franchise or licensed dealership or distributor (either on a retail or wholesale
basis) of an aircraft manufacturer or otherwise;
MINIMUM STANDARDS:
1. GROUND SPACE IMPROVEMENTS
A. Lessee shall provide or lease from the Town an office area of at least 120 square
feet suitably provided with heating and air conditioning and with accommodations
for an office and immediate access to a customer lounge to include restrooms..
Such space shall be leased, if required by the TownCommission, in a central
general aviation terminal building. No separate freestanding building housing the
required office space shall be erected with less than 2,500 square feet without
written approval of the TownCommission.
B. Lessee shall provide or lease a paved tie-down area and/or hangar space
sufficient to store at least two (2) of the aircraft used for sales, inventory or
demonstration with paved access to taxiways.
C. Lessee shall provide adequate paved customer auto parking space and a paved
walkway to accommodate pedestrian access to its facility. Employee spaces shall
also be required (one space per employee shift). The CommissionTown, at its
discretion, may waive this provision for payment of an equivalent amount toward
centralized parking facilities.
2. SCOPE OF SERVICE:
A. Lessee shall employ, or have available on call, a sufficient number of pilots with
instrument and instructor ratings, who shall also be current in all models to be
demonstrated.
AIRCRAFT RENTAL
GENERAL:
An aircraft rental facility operator is an entity engaged in the rental of aircraft to the
public.
MINIMUM STANDARDS:
1. GROUND SPACE AND IMPROVEMENTS:
A. Lessee shall provide or lease from the Town an office area of at least 600 square
feet, suitably provided with heating and air conditioning and with
accommodations for an office and immediate access to a customer lounge to
include restrooms. Such space shall be leased, if required by the
CommissionTown, in a central general aviation terminal building. No separate
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freestanding building housing the required office space shall be erected with less
than 2,500 square feet without written approval of the CommissionTown.
B. Lessee shall provide or lease a paved tie-down area (2,500 S.F. minimum) and/or
hangar space (2,500 S.F. minimum) sufficient to store all aircraft utilized in its
operation with paved access to taxiways. Lessee shall provide adequate paved
customer auto parking space (4 space minimum) and a paved walkway to
accommodate pedestrian access to its facility. Employee spaces shall also be
provided (one space per employees shift). The Commission Town may waive this
provision for payment of an equivalent amount toward centralized parking
facilities.
2. SCOPE OF SERVICE:
A. Lessee shall have available for rental either owned or under written lease to
lessee, at least two (2) fixed or rotary-wing aircraft, all certificated and currently
airworthy.
B. Lessee shall have in its employ and on-duty during the appropriate business
hours, trained personnel in such numbers as are required to meet the minimum
standards in an efficient manner, but never less than one (1) person having a
current commercial pilot certificate with appropriate ratings, including a current
flight instructor rating, who shall be current in all models offered for rental.
C. Lessee shall have its premises open and services available during operating hours
negotiated between the Lessee and the Commission Town so as to meet public
demand for this category of service. The Commission Town will determine the
level of public demand.
D. Lessee shall have an employee who is a trained dispatcher capable of determining
that each customer is qualified in the aircraft to be rented and is qualified for the
existing on forecast weather conditions in the facility office at all times during the
established operating hours.
FLIGHT TRAINING
GENERAL:
A flight training facility operator is an entity engaged in flight training, in fixed or rotary
wing aircraft or flight simulators, and provides such related ground school instruction as
is necessarily preparatory to taking a written examination and flight check for the
category or categories or pilot's licenses and ratings involved. Biannual flight reviews and
recurrent training is also included in this category.
MINIMUM STANDARDS:
1. GROUND SPACE AND IMPROVEMENTS:
A. Lessee shall provide or lease from the Town an office area of at least 600 square
feet suitably provided with heating, lighting and air conditioning with
accommodations for customers and visitors to include office classrooms, pilot
briefing room, lounge and immediate access to restrooms. Such space shall be
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leased, if required by the CommissionTown, in a central general aviation terminal
building. No separate freestanding building housing the required office space
shall be erected with less than 2,500 square feet without written approval of the
CommissionTown.
B. Lessee shall provide or lease a paved tie-down area (2,500 S.F. minimum) and/or
hangar space (2,500 S.F. minimum) sufficient to store all aircraft utilized in its
operation with paved access to taxiways.
C. Lessee shall provide adequate paved customer auto parking space (4 space
minimum) and a paved walkway to accommodate pedestrian access to its facility.
Employee spaces shall also be required (one space per employees shift). The
Commission Town may waive this provision for payment of an equivalent
amount toward centralized parking facilities.
2. SCOPE OF SERVICE:
A. Lessee shall have available for use in flight training, either owned or under
written lease to lessee, certificated and currently airworthy aircraft, to include at
least two (2) fixed or rotary-wing aircraft.
B. Lessee shall have in its employ sufficient flight and ground instructors who have
been properly certificated by FAA to provide the type of training offered.
C. Lessee shall have its premises open and services available during operating hours
negotiated between the Lessee and the Commission Town so as to meet public
demand for this category of service. The Commission Town will determine the
level of public demand.
D. Lessee shall have an employee in the facility office at all times during the
established operating hours.
SPECIALIZED COMMERCIAL AERONAUTICAL & AERONAUTICAL
RELATED ACTIVITIES
GENERAL
A specialized commercial aeronautical or aeronautical related activity is an entity
engaged in providing air transportation and related services for hire for the activities
listed below:
1. Sightseeing flights.
2. Aerial photography or survey.
3. Fire fighting.
4. Power line, underground cable or pipe line patrol.
5. Aerial application of agricultural chemicals.
6. Air Freight Handling.
7. Specialized Aircraft Cleaning/Washing.
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8. Other operations specifically excluded from Part 135 of Federal Aviation
Regulations.
MINIMUM STANDARDS:
1. GROUND SPACE AND IMPROVEMENTS:
A. Lessee shall lease from the Town an office area of at least 500 square feet suitably
provided with heating, lighting and air conditioning, and with accommodations
for customers and visitors to include restrooms and an office area. Such space
shall be leased, if required by the CommissionTown, in a central general aviation
terminal building. No separate free standing building for housing the required
office space shall be erected with less than 2,500 square feet without written
approval of the CommissionTown.
B. Lessees providing services involving crop dusting, aerial application, or other
commercial use of chemicals, shall provide a centrally drained, paved area of
sufficient area (2,500 S.F. minimum) for aircraft loading, washing and servicing.
Lessee shall provide for the safe storage, containment and disposal of noxious
chemical materials. Such storage facilities shall be in a location on the Airport
designated by the CommissionTown, which will provide the greatest safeguard to
the public. Lessee shall also be responsible for the safe, off-Airport disposal of
used containers in compliance with State and Federal regulations.
C. Lessee shall provide or lease a paved tie-down area (2,500 S.F. minimum)and/or
hangar space (2,500 S.F. minimum) sufficient to store all aircraft utilized in its
operations with paved access to taxiways. Lessee shall provide adequate paved
customer auto parking space (5 space minimum) and a paved walkway to
accommodate pedestrian access to its facility. Employee spaces shall also be
provided (one space per employee shift). The TownCommission may waive this
provision for payment of an equivalent amount toward centralized parking
facilities.
2. SCOPE OF SERVICE:
A. Lessee shall provide and have based on its leasehold, either owned or under
written lease to lessee, at least one aircraft which will be airworthy, meeting all
FAA requirements and applicable regulations of the State of Virginia with respect
to the type of activity to be performed.
B. Lessee shall have in its employ, and on duty during appropriate business hours,
trained personnel in such numbers as may be required to meet the minimum
standards, herein set forth, in an efficient manner.
C. Lessee shall provide a point of contact either in person at the Airport or by
telephone during established operating hours for the public desiring to utilize the
lessee's services.
D. Lessees providing services involving crop dusting, aerial application, or other
commercial use of chemicals shall hold certificates for the commercial application
of chemicals issued by appropriate State and Federal agencies and provide to the
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Commission Airport Director a plan for disposal of all chemical and hazardous
waste and wash water used in washing such aircraft.
HANGAR RENTAL
GENERAL:
An operator in this classification provides hangars for the storage of aircraft only.
MINIMUM STANDARDS:
1. GROUND SPACE AND IMPROVEMENTS:
A. Lessee shall lease from the Town an area of land on which shall exist or be
erected hangar type buildings suitable for the storage aircraft. A T-hangar
Complex shall include a minimum of ten (10) nested aircraft storage bays. An
Executive or Box Hangar Complex shall have at least one aircraft storage bay and
a minimum door opening width of 55 feet.
B. Lessee shall provide adequate restroom facilities accessible to hangar complex
tenants. Lessee shall provide a paved aircraft apron (2,500 S.F. minimum) within
the leased area to accommodate movement of aircraft from its facility to the
taxiway complex.
C. Lessee shall provide adequate paved customer auto parking space and a paved
walkway to accommodate pedestrian access to its facility. Employee spaces shall
be required (one space per employee shift). The Commission Town may waive
this provision for payment of an equivalent amount toward centralized parking
facilities.
2. SCOPE OF SERVICE:
A. As necessary, Lessee shall have in its employ, and on duty at the Airport during
appropriate business hours, a resident manager for the hangar complex and
sufficient uniformed, efficient and trained personnel as are required to assist
owners in moving their aircraft into and out of its hangars.
B. Lessee shall provide suitable tractors, tow bars and other equipment as might be
necessary to move the aircraft stored in its hangars.
C. Lessee shall provide assistance in moving aircraft into and out of its hangars, at a
minimum, between the hours of 0800 and 1900 local time, seven days a week.
Lessee shall also provide assistance between the hours 1900 and 0800 if requested
in advance by an aircraft owner.
D. Lessee shall provide a point of contact either in person at the office located on the
Airport or by telephone during established operating hours.
MULTIPLE COMMERCIAL AERONAUTICAL ACTIVITIES
GENERAL:
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An operator in this classification offers a combination of commercial aeronautical
activities for which minimum standards have been established. As a condition of the right
to engage in any combination of activities, the minimum standards relevant to all of them
must be met.
MINIMUM STANDARDS:
1. GROUND SPACE AND IMPROVEMENTS:
The minimum standards for each commercial aeronautical activity proposed will be
reviewed to insure the combined ground space and improvements required for the
proposed activities adequately serve the needs of the Airport and its patrons.
2. SCOPE OF SERVICE:
A. Lessee shall provide the equipment and services required to meet the minimum
standards as hereinbefore provided for each commercial aeronautical activity for
which the lessee is responsible. Those facility requirements which are redundant
for the multiple operator shall be taken into consideration when establishing
minimum space and facility requirement (i.e. restroom and other public facilities
common to each operator).
B. Lessee shall adhere to the hours of operation required for each commercial
aeronautical activity for which the lessee is responsible.
C. Lessee shall have in its employ, and on duty during the appropriate business
hours, trained personnel in such numbers as are required to meet the minimum
standards for each commercial aeronautical activity the lessee is performing, as
hereinbefore provided.
D. Lessee shall comply with the aircraft requirements, including the equipment
thereon, for each commercial aeronautical activity to be performed except as
hereinafter provided.
E. Multiple uses may be made of all aircraft except aircraft used for crop dusting,
aerial application, or other commercial use of chemicals.
F. Lessee, except when performing combinations of activities for which aircraft are
not required, shall have available and based at the Airport, either owned by or
under written lease to lessee, sufficient certificated and currently airworthy
aircraft. These aircraft shall be equipped and capable of flight to meet the
minimum standards as hereinbefore provided for each aeronautical activity to be
operated.
OTHER NON-AERONAUTICAL RELATED ACTIVITIES
Other non-aeronautical related activities including services such as snack/sandwich deli's,
restaurants, and etc. are subject to all general minimum standards contained herein.
Minimum requirements for activities not specifically identified shall be considered on a
case-by-case basis using the intent of these minimum standards. All other applicable
local, state and federal regulations pertaining to these types of services shall govern in
case of conflict with any of these minimum standards. Final lease requirements shall be
determined by the Commission and Town.
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FLYING CLUBS
In an effort to foster and promote flying for pleasure, develop skills in aeronautics,
including pilotage, navigation, and an awareness and appreciation of aviation
requirements and techniques Flying Clubs are permitted to operate under these Rules,
Regulations, and Minimum Standards.
All flying clubs desiring to base their aircraft and operate on the airport must comply
with the applicable provisions of these Rules, Regulations, and Minimum Standards.
However, they shall be exempt from regular fixed base operator requirements upon
satisfactory fulfillment of the conditions contained herein.
1. The club shall be a non-profit entity (Corporation, association, or partnership)
organized for the express purpose of providing its members with an aircraft for their
personal use and enjoyment only. The ownership of the aircraft must be vested in the
name of the flying club or shall be owned ratably by all of its members. The property
rights of the members of the club shall be equal and no part of the net earnings of the
club will inure to the benefit of any member in any form (salaries, bonuses, etc.). The
club may not derive greater revenue from the use of its aircraft than the amount
necessary for the operations, maintenance, and replacement of its aircraft.
2. Flying clubs may not offer or conduct air charter, rental, or maintenance (other than
individual routine maintenance in designated areas). They shall not conduct aircraft
flight instruction and only members of the flying club shall operate the aircraft. No
flying club shall permit its aircraft to be utilized for flight instruction except when
instruction is given by an employee of a lessee based on the airport that holds an FBO
license for flight training.
3. All flying clubs and their members are prohibited from leasing or selling any goods or
services whatsoever to any person or firm other than a member of such club at the
airport except that said flying club may sell or exchange its capital equipment.
4. The flying club, with its permit request, shall furnish the airport management a copy
of its charter and by-laws, articles of association, partnership agreement or other
documentation supporting its existence; a roster, or list of members including names
of officers and directors, to be revised on a semi-annual basis; evidence of insurance
as required in Chapter IV; number and type of aircraft; evidence that aircraft are
property certificated; evidence that ownership is vested in the club; and operating
rules of the club. The books and other records of the club shall be available for review
at any reasonable time by airport management or his authorized agent.
5. The flying club shall abide by and comply with all Federal, State, and Local laws,
ordinances and regulations.
6. Any flying club which violates any of the foregoing, or permits one or more members
to do so, will be required to terminate all operations in accordance with the provisions
of these Rules, Regulations, and Minimum Standards.
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CHAPTER FIVE
MINIMUM STANDARDS FOR FACILITIES AND IMPROVEMENTS
REVIEW PROCEDURES:
No buildings, structures, tie downs, ramps, paving, taxi areas or any other improvement
or addition on the Airport shall be placed or constructed on the Airport, or altered or
removed without prior approval of the Airport CommissionDirector. In the event of any
construction the Airport Commission Director may, at its discretion, require an
appropriate bond to guarantee the completion of the construction in accordance with its
approval. The Airport Commission Director shall consider conformance to the Airport
Master Plan prior to the approval or denial of any construction or development at the
Airport.
A site plan will be required to be submitted to the Town and Commission for any
proposed new facilities. All plans and construction drawings for buildings, paved areas,
and other facilities shall meet at least the minimum standards set forth herein and shall be
reviewed and then submitted to the Town with a recommendationapproved by the Airport
Commission, with final approval coming from and the Town. Approval by the Airport
Commission shall precede submission to other regulatory agencies. Final plans and
specifications for any construction required or proposed by an operator shall be submitted
to the Airport Commission Director for review and approval within 60 days from the
insurance of the Operator's licensepermit, and construction shall commence within 60
days from the Airport Commission approval of the plans and specifications. In the event
that a phased construction program is provided in the lease agreement, the agreement
should specify completion dates for each phase. Submittals of final plans and
specifications to the Airport Commission Director for approval shall follow the lease
agreement schedule. The deadlines provided in this paragraph may be extended by the
Airport CommissionTown for a good cause upon request by the Operator.
All facilities shall be in conformance with the adopted Airport Master Plan. In addition to
specific design standards for Leesburg Executive Airport, all facilities are subject to the
applicable standards and regulations of the FAA, State of Virginia, Loudoun County, and
the Town of Leesburg.
PAVED AREAS
A. AIRCRAFT PARKING AND MANEUVERING AREAS
1. Pavement sections are to be designed to accommodate aircraft with wheel
loadings of 12,500 lbs. single gear; 30,000 lbs. single gear; or 6070,000 lbs.
dual gear as specified on the Airport Layout Plan. FAA accepted design
criteria shall be used. In addition to aircraft wheel loadings, pavements are to
be designed to accommodate fuel trucks servicing the aircraft. Computations
supporting the pavement design shall be submitted to the Commission and the
Town for itstheir review and approval.
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2. All aircraft pavements shall be constructed using FAA approved materials.
Locally obtained materials may be used where suitable and so authorized by
the CommissionTown.
3. Grades shall not exceed 1.5% or applicable FAA standard whichever is
governing. Grades in aircraft fueling areas shall be no greater 1%.
4. All drainage structures shall be located within infield areas. In-pavement
drainage structures are discouraged and must be approved for use by the
Commission Town when proposed.
5. All aircraft parking areas shall contain approved tie-down installations.
Method of tie-down shall be approved by the Commission Town. Parking
positions and taxi lanes shall be clearly marked.
6. Aircraft parking areas shall be configured to allow ease of ingress and egress.
The minimum gross area required for based aircraft push-in/power-out
parking is 3,500 square feet for single-engine aircraft and 4,500 square feet for
twin-engine aircraft. Transient aircraft parking areas require power-in/power-
out spaces with minimum gross areas of 5,650 square feet for twin-engine
aircraft. Ramp space for transient jet aircraft will vary with the size of the
design aircraft.
B. AUTOMOBILE PARKING LOTS AND SERVICE DRIVES
1. All automobile parking lots and service drives shall have a dust free, all
weather surface.
2. Pavement design shall consider the types of vehicles using the lots/drives, the
amount of traffic and subsoil conditions. Computation using approved FAA or
local requirements for pavement design shall be submitted to the Commission
for review and approval. As a minimum, vehicle pavement shall consist of a
2" bituminous concrete surface over an 8" crushed stone base. The maximum
grade in any direction is 5%, the minimum is 1%.
3. Parking lots shall be configured to allow ease of ingress and egress and
parking spaces shall be clearly marked. Loading zones, handicapped spaces,
and fire lanes shall be marked appropriately. Minimum parking space area per
automobile shall be based on Town standards.
C. GRADING, DRAINAGE AND LANDSCAPING
A. INFIELD AREAS
1. Unpaved areas within and adjacent to the runway/taxiway system and other
aircraft operating areas shall have grades adhering to FAA recommendations
for Basic Transport Airports.
2. All site plans shall comply with applicable state and local storm water
management requirements. As a minimum, infield areas shall be designed to
have a ponding (storage) capacity sufficient to accumulate the runoff from a
10-year design storm.
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3. Grates and inlet structures shall be manufacturer certified to support aircraft of
the same weight as the adjacent pavement.
4. All drainage pipes shall be RCCP CL. III or IV (CL. IV shall be used under all
paved areas).
5. All drainage facilities shall be sized in accordance with FAA and local
requirements and procedures considering existing, proposed and future site
conditions. Computations supporting the drainage designs shall be submitted
to the Commission Town for their its review and approval.
B. GRADING
1. Grading operations will meet all applicable erosion and sediment control
regulations as required by the Town of Leesburg and Loudoun County and
other governing agency requirements.
C. LANDSCAPING
1. All graded areas will be fertilized, seeded and mulched with an approved
mixture of grasses. Seeds will be applied at rate to achieve a minimum
coverage of one (1) sprig per square centimeter.
2. Non-aircraft areas shall be landscaped with grass, trees and shrubs.
Landscaping may be used for screening of facilities, providing shade in
parking areas and to produce a visually interesting complement to buildings.
Plant materials should be chosen for ease of maintenance, disease resistance
and suitability for local climatic conditions. All plantings must be approved by
the TownCommission for adherence to FAR Part 77 height restrictions.
3. A landscape plan shall be part of every facility proposal.
D. AIRCRAFT WASH RACKS
Aircraft wash racks shall not release wash water to the storm water system and be
in conformance with the Town of Leesburg’s Storm Water Pollution Prevention
Plan and current industrial storm water permit.
E. SECURITY AND LIGHTING
1. Fencing shall be provided between aircraft and non-aircraft areas to limit
pedestrian and vehicular interference with aircraft movements, and to provide
security for parked aircraft.
2. Area lighting shall be provided for safety and operational needs at the
following minimum intensity levels:
Area Foot Candles1
Access Roads ..............................................................................................1.0
Auto Parking Lots .......................................................................................2.0
Exterior of Terminal Building, offices and other required public spaces ...4.0
1 Measured at most remote point of areas involved (+ 200 feet) 36 inches above ground.
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Hangar areas Storage ..................................................................................1.0
Maintenance ................................................................................................2.0
Apron Areas ................................................................................................0.5
Fuel Farm ....................................................................................................2.0
3. All lighting fixtures shall be shielded from glare for aircraft on the
runway/taxiway system, helipads, or in the air.
2. All electrical and telephone cable shall be underground. Conduits under paved
areas or planned pavement shall be concrete encased.
3. Lighting designs shall avoid violations to the FAR Part 77 height restrictions.
Any obstructions to FAR Part 77 surfaces shall be properly marked and
lighted.
FUEL STORAGE AND DISTRIBUTION
A. All fuel stored on the airport shall be stored in above -ground tanks located in
designated approved areas within leased areas on the Airportat the airport fuel
tank farm. Distribution of fuel into aircraft shall be via mobile pumping
equipment (fuelers) or of designated fueling stations by trained persons employed
by the FBO providing the service. Except at designated public-use self-service
fueling facilities, Iindividual aircraft operators shall not use FBO fueling
equipment to fuel their own aircraft.
B. Tanks shall be corrosion resistant materials designed for the storage of aviation
fuels and meet criteria established by National Fire Protection Association
(NFPA) Standard No. 30, Flammable and Combustible Liquids Code.
C. Fueling equipment and procedures shall meet criteria set forth in NFPA Standard
No. 407, Aircraft Fuel Servicing and applicable State of Virginia Air Pollution
Control Board regulations.
D. Other National Fire Protection Association recommendations as promoted
through NFPA publications 10, 70, 77, 385, 409, 415 & 418 shall be enforced.
E. Equipment, operation and maintained of the fueling facilities shall be in
accordance with the Environmental Protection Agency Resource Conservation
and Recovery Act. Leases shall be responsible for full compliance with these
regulations including all notification and reporting requirements to the state
utilities control Board.
HANGARS, BUILDINGS AND OTHER STRUCTURES
A. CODES
All hangars, buildings and other structures shall conform to building and safety
codes applicable for the intended use. These include (but are not necessarily
limited to):
1. BOCA 2. State of Virginia (Uniform Statewide Building Code) 3. Town of
Leesburg 4. Loudoun County 5. FAA 6. OSHA 7. Access for the handicapped
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(ANSI A117.1-1980 and Federal Guidelines for Accessible Design 36 CFR
Part 1190)
No office/mobile trailers shall satisfy these requirements except as approved by
Commission the Airport Director for temporary facilities during construction of
permanent facilities.
B. LOCATION AND HEIGHT
1. The locations of lessee buildings shall be guided by the adopted Airport
Master Plan and standards established in FAA Advisory Circular 150/5300-48
and 150/5300-12 for utility and Basic Transport Airports - Group II. No
structures may be of such a height as to penetrate the runway or approach
imaginary surfaces specified by FAR Part 77.
2. Windows and large areas of glass shall be oriented to avoid reflections, which
could distract pilots landing or taking off.
C. UTILITIES
1. Buildings, or portions of buildings, (such as lean-to structures adjacent to
hangars) used for offices, customer lounges, waiting rooms or other public
spaces shall be provided with heating, air conditioning, lighting, sanitary
restrooms, public telephone and sprinkler system. Such buildings shall be
separated by a firewall meeting all applicable codes when adjacent to any
hangar, building or area in which aircraft are stored.
2. Buildings, or portions of buildings, used for maintenance shops or aircraft
repair, shall be provided with heating, lighting, sanitary restrooms, telephone
service and sprinkler system (if required by Code).
3. Hangars 2,000 square feet or greater, not including T-hangars, used for
aircraft maintenance or aircraft storage, shall be provided with electrical
service, lighting, heating and sprinkler system (if required by Code).
4. Hangars less than 2,000 square feet and T-hangars used for aircraft storage
shall be provided with electrical service, lighting, smoke detectors and fire
extinguishers.
5. All buildings requiring water service shall connect to the public water system
if available at time of construction. If public water is not available, private
wells approved by Town of Leesburg shall be utilized. When public water
service is made available, a connection shall be made within one year after
date of availability.
6. All buildings requiring sanitary waste disposal shall connect to the public
sewer system if available at time of construction. If public sanitary sewer is
not available, individual septic systems, approved by the Town of Leesburg,
shall be utilized. When public sanitary sewer is made available, a connection
shall be made within one year after date of availability.
7. All new electrical and telephone service shall be underground.
280
Item b.
45
D. ACCESS
1. Pedestrian and vehicular access to buildings normally open to the public shall
avoid crossing aircraft operating areas.
2. Vehicular access to aircraft storage hangars shall minimize crossing of aircraft
operating areas. Automobile parking shall be provided for aircraft storage
hangars in locations, which do not interfere with aircraft operations.
3. For hangars larger than 2,000 square feet a personnel door shall be provided.
4. Hangar doors may be of either sliding or bifold type. However, sliding doors
may not be used in hangar configurations where the open door of one hangar
interferes with access to an adjacent hangar.
E. MATERIALS AND FINISHES
The objective of the Commission Town is to insure that all new construction is of
high quality and utilizes materials and finishes which will maintain their
appearance with low maintenance. To this end, the following guidelines have
been developed.
1. Hangars and other buildings may be constructed with steel, aluminum or
masonry exteriors. All exterior metal surfaces shall have a durable finish
applied at the point of manufacture.
2. Exterior colors and textures should harmonize with other buildings and
structures. The Commission Town reserves the right to disapprove exterior
materials or finishes, which it feels would detract from the overall visual
impression of the Airport.
3. The Commission Town shall also approve interior materials, finishes, fixtures
and graphics, which are part of waiting rooms, lounges or other public spaces.
4. Signs shall adhere to appropriate regulations of the Town of Leesburg and be
approved by the Airport CommissionDirector. No signs, logos or other
graphics may be painted on the roofs of buildings, nor may any illuminated
signs be placed in locations where they could distract pilots or interfere with
airfield lighting.
CHEMICALS AND HAZARDOUS MATERIALS
A. Operators utilizing chemicals or other hazardous materials shall store these
materials in tank containers and buildings meeting State and/or Federal standards.
The location of on-airport storage areas will be determined by the Airport
DirectorCommission. Storage facilities shall be designed to protect the public and
the natural environment from these materials. Any accidental spills or leaking of
materials shall be reported immediately to the Commission Airport Director and
designated local, state or federal authorities.
B. No chemicals, fuels, lubricants or hazardous materials may be discharged into the
storm water or sanitary sewer systems. All chemicals and used containers shall be
disposed of by the lessee off-airport and in compliance with applicable local,
state, and federal regulations.
281
Item b.
COUNCIL ACTIONS CALENDAR
Tentative/Subject to Change
5/19/202111:25 AM
MeetingDate MeetingType Name SubmittedBy
05/24/2021 Town Council Work Session DISCUSSION: Arts and Cultural District - Wayfinding Signs and Banners and Murals on Private Buildings Eagle, Tabitha
DISCUSSION: Continuing Disclosure Requirements Related To Town Debt Case, Clark
DISCUSSION: Quarterly Progress Report on Council Retreat Workplan Items Belote, Tara
DISCUSSION: Strategic Property Acquisitions Belote, Tara
DISCUSSION: Virginia Main Street Program Seymour, Russell
INFORMATION MEMO: Board and Commission Report - April Boeing, Eileen
05/25/2021 Town Council Meeting CONSENT: Laboratory Repairs and Replacement at the Water Pollution Control Facility Wyks, Amy
CONSENT: Authorize the Mayor to Official Request a Joint Meeting with the Board of Supervisors in Fall 2021 Belote, Tara
CONSENT: Cellco Partnership (Verizon Wireless) – License Agreement Smith, Carmen
CONSENT: Purchase of Spare Pumps and Pump Motor for the Water Pollution Control Facility Wyks, Amy
POTENTIAL CLOSED SESSION: Boundary Line Adjustment and Revenue Sharing Agreement Smith, Carmen
PRESENTATION: 2020 Tolbert Award Klusek, Richard
PRESENTATION: EAC Annual Report Klusek, Richard
PROCLAMATION: National Gun Violence Awareness Day Belote, Tara
PROCLAMATION: Wayne's Crossing Day Belote, Tara
PUBLIC HEARING: Small Cell Franchise Bid Opening Smith, Carmen
PUBLIC HEARING: Town Code Amendments Related to Airport Smith, Carmen
RESOLUTION: Quarterly Progress Report on Council Retreat Workplan Items (Dependent Upon Council Direction)Belote, Tara
06/07/2021 Town Council Work Session DISCUSSION: MEC Lease and Memorandum of Understanding (MOU)Seymour, Russell
DISCUSSION: Promotion of Leesburg Arts/Cultural and History Turney, Elaine
DISCUSSION: Black History Mural Kosin, Leah
DISCUSSION: Quarterly Budget and CIP Update Fazenbaker, Cole
DISCUSSION: Town Plan Development Update from Planning Commission and Staff Cicalese, Karen
INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine
06/08/2021 Town Council Meeting CONSENT: Contract Award for LMIS Software Belote, Tara
PRESENTATION: Annual Report of the Tree Commission Southerland, Danielle
PROCLAMATION: Juneteenth Belote, Tara
PROCLAMATION: LGBTQ Pride Month Belote, Tara
RESOLUTION: Black History Mural (Dependent Upon Council Direction)Kosin, Leah
RESOLUTION: Electric Vehicle Charging Grant Belote, Tara
RESOLUTION: Equine Center Utility Extension Request Wyks, Amy 282
Item a.
COUNCIL ACTIONS CALENDAR
Tentative/Subject to Change
5/19/202111:25 AM
MeetingDate MeetingType Name SubmittedBy
06/08/2021 Town Council Meeting RESOLUTION: Ethics Policy Smith, Carmen
RESOLUTION: Ida Lee Roof Replacement - Construction Contract Award Steyer, Cindy
RESOLUTION: Reconciliation of Snow Storm Costs Cournoyer, Jason
06/21/2021 Town Council Work Session DISCUSSION: Affordable Dwellings and Accessory Housing Cicalese, Karen
DISCUSSION: Amending and Rescinding the Continuity of Government Ordinance Belote, Tara
DISCUSSION: Commercial Property Assessed (C-SPACE) Program - Solar Retrofit Program Turney, Elaine
DISCUSSION: Density/Intensity development standards in the B-1 district Cicalese, Karen
DISCUSSION: Open Space requirements for Multifamily development and Attached Single Family Development Cicalese, Karen
INFORMATION MEMO: Board and Commission Report - May Boeing, Eileen
06/22/2021 Town Council Meeting CONSENT: Richmond Dam Sanitary Sewer Encroachment Agreement Wyks, Amy
ORDINANCE: Amending and Rescinding the Continuity of Government Ordinance Belote, Tara
ORDINANCE: Continuity of Government Ordinance Renewal (PLACEHOLDER)Smith, Carmen
PUBLIC HEARING: Award of Franchises Smith, Carmen
PUBLIC HEARING: TLZM-2020-0002 Floor and Decor Public Hearing Cicalese, Karen
PUBLIC HEARING: Town Code Batch Amendments Smith, Carmen
RESOLUTION: Tuscarora Crossing Extension of Utilities Request Wyks, Amy
RESOLUTION: Peterson at Compass Creek Request for Extension of Utilities McClaughry, Lesley
RESOLUTION: Town Green - Construction Contract Award Steyer, Cindy
07/12/2021 Town Council Work Session DISCUSSION: Environmental Sustainability Siteplan and Development Standards Cicalese, Karen
DISCUSSION: Open Space (Review Goals Standards Including Enforcement and Tree Canopy Requirements)Cicalese, Karen
DISCUSSION: Police Advisory Task Force Belote, Tara
INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine
07/13/2021 Town Council Meeting CONSENT: Award Contract for Industrial Coatings Application for Utilities Wyks, Amy
RESOLUTION: Renewal and Extension of Consolidating Billing MOA with County of Loudoun Fazenbaker, Cole
07/26/2021 Town Council Work Session DISCUSSION: Commercial Space in Downtown Leesburg Turney, Elaine
DISCUSSION: Legislative Agenda - 2022 Belote, Tara
DISCUSSION: Liberty Lot RFP Smith, Carmen
INFORMATION MEMO: Board and Commission Report - June Boeing, Eileen
INFORMATION MEMO: Quarterly Budget and CIP Update Fazenbaker, Cole
07/27/2021 Town Council Meeting CONSENT: Airport Apron Paving – Design Contract & Grant Funding Authorization Steyer, Cindy
CONSENT: Airport North Hangars – Construction Administration Task Order Authorization Steyer, Cindy 283
Item a.
COUNCIL ACTIONS CALENDAR
Tentative/Subject to Change
5/19/202111:25 AM
MeetingDate MeetingType Name SubmittedBy
07/27/2021 Town Council Meeting CONSENT: Airport North Hangars – Construction Engineering & Inspections Task Order Authorization Steyer, Cindy
PUBLIC HEARING: At Home and Walmart BLA at Compass Creek (Tentative)Smith, Carmen
RESOLUTION: Airport North Hangars - Construction Contract Award Steyer, Cindy
RESOLUTION: Legislative Agenda - 2022 (Tentative)Belote, Tara
RESOLUTION: Liberty Lot RFP (Dependent Upon Council Direction)Smith, Carmen
08/09/2021 Town Council Work Session DISCUSSION: Economic Development Strategic Plan Turney, Elaine
DISCUSSION: Adoption of Plastic Bag Ordinance Southerland, Danielle
DISCUSSION: Explore Creating/Supporting Additional Community Events Trask, Kate
DISCUSSION: Review of IT Commission (Technology Ideas, Propose Priorities)Callahan, John
INFORMATION MEMO: Board and Commission Report - July Boeing, Eileen
08/10/2021 Town Council Meeting PROCLAMATION: National Payroll Week Belote, Tara
PROCLAMATION: World Suicide Prevention Day Belote, Tara
09/13/2021 Town Council Work Session DISCUSSION: Town Plan/Legacy Leesburg Cicalese, Karen
INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine
INFORMATION MEMO: Quarterly Progress Report on Council Retreat Workplan Items Belote, Tara
09/14/2021 Town Council Meeting PROCLAMATION: Childhood Cancer Awareness Month Belote, Tara
PROCLAMATION: Constitution Week Belote, Tara
PROCLAMATION: Hispanic Heritage Month Belote, Tara
PUBLIC HEARING; Town Plan/Legacy Leesburg Cicalese, Karen
09/27/2021 Town Council Work Session DISCUSSION: Economic Development Authority Turney, Elaine
INFORMATION MEMO: Board and Commission Report - August Boeing, Eileen
10/12/2021 Town Council Meeting: Regular + Work Session PROCLAMATION: Bullying Prevention Month Belote, Tara
PROCLAMATION: Domestic Violence Awareness Month Belote, Tara
PROCLAMATION: Dysautonomia Awareness Month Belote, Tara
10/25/2021 Town Council Work Session DISCUSSION: Mason Enterprise Center Turney, Elaine
INFORMATION MEMO: Board and Commission Report - September Boeing, Eileen
10/26/2021 Town Council Meeting PUBLIC HEARING: Legacy Leesburg Town Plan Cicalese, Karen
11/08/2021 Town Council Work Session DISCUSSION: Legacy Leesburg Town Plan Cicalese, Karen
DISCUSSION: Recycling Program Briefing Southerland, Danielle
INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine
11/09/2021 Town Council Meeting PROCLAMATION: Diabetes Awareness Month Belote, Tara 284
Item a.
COUNCIL ACTIONS CALENDAR
Tentative/Subject to Change
5/19/202111:25 AM
MeetingDate MeetingType Name SubmittedBy
11/09/2021 Town Council Meeting PROCLAMATION: National American Indian Heritage Month Belote, Tara
PROCLAMATION: Small Business Saturday Belote, Tara
PROCLAMATION: Veterans Day Belote, Tara
11/22/2021 Town Council Work Session INFORMATION MEMO: Board and Commission Report - October Boeing, Eileen
11/23/2021 Town Council Meeting RESOLUTION: Town Council Meeting Calendar for Year 2022 Boeing, Eileen
12/13/2021 Town Council Work Session INFORMATION MEMO: Board and Commission Report - November Boeing, Eileen
INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine
12/14/2021 Town Council Meeting PROCLAMATION: Recognition of Public Service of Town Employees Retiring Belote, Tara
RESOLUTION: Approval of Legacy Leesburg Town Plan Cicalese, Karen
RESOLUTION: Authorization of Zoning Ordinance Update Cicalese, Karen
285
Item a.