HomeMy Public PortalAbout2021_tcmin0810COUNCIL MEETING August 10, 2021
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Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding.
Council Members Present: Zach Cummings, Suzanne Fox, Vice Mayor Marty Martinez, Kari
Nacy, Neil Steinberg and Mayor Kelly Burk.
Council Members Absent: Ara Bagdasarian.
Staff Present: Deputy Town Manager Keith Markel, Town Attorney Christopher Spera, Chief
of Police Greg Brown, Public Works and Capital Projects Director Renee LaFollette, Airport
Director Scott Coffman, Thomas Balch Library Director Alexandra Gressitt, Utilities Director
Amy Wyks, Deputy Town Attorney Christine Newton, Management and Budget Officer Jason
Cournoyer, Senior Engineer Sarah Biggs and ,Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Nacy.
3. SALUTE TO THE FLAG was led by Council Member Cummings.
4. ROLL CALL Council Member Bagdasarian was absent.
5. MINUTES
a. Work Session Minutes of July 26, 2021
MOTION2021-147
On a motion by Council Member Cummings, seconded by Council Member Nag, the
minutes of the Work Session of July 26, 2021, were moved for approval.
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasarian absent)
b. Regular Session Minutes of July 27, 2021
MOTION2021-148
On a motion by Council Member Fox, seconded by Council Member Steinberg, the minutes
of the Regular Session of July 27, 2021, were moved for approval.
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasarian absent)
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COUNCIL MEETING August 10, 2021
6. ADOPTING THE MEETING AGENDA
MOTION2021-149
On a motion by Council Member Steinberg, seconded by Council Member Nacy, the meeting
agenda was moved for approval.
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk.
Nay: None
Vote: 6-0-1 (Bagdasarian absent)
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. National Payroll Week
Mayor Burk read the proclamation for National Payroll Week.
b. World Suicide Prevention Day
Mayor Burk read the proclamation for World Suicide Prevention Day. Ms.
Brittany Lang, Chair of Loudoun Walk, accepted the proclamation and made a few
remarks.
9. PRESENTATIONS
a. None.
10. REGIONAL COMMISSION REPORTS
a. None.
11. PETITIONERS
The Petitioner's Section was opened at 7:07 p.m.
There were no Petitioners wishing to speak.
The Petitioner's Section was closed at, 7:08 p.m.
12. APPROVAL OF THE CONSENT AGENDA
MOTION2021-150
On a motion by Council Member Steinberg, seconded by Council Member Nacy, the following
consent agenda was proposed::
a. Appointing Paul Gomez to the Police Citizen Task Force
RESOLUTION2021-109
Appointing Paul Gomez to the Police Citizen Task Force
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August 10, 2021
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b. Appointing Amy Harber to the Police Citizen Task Force
RESOLUTION2021-110
Appointing Amy Harber to the Police Citizen Task Force
c. Appointing Brian Owens to the Police Citizen Task Force
RESOLUTION2021-111
Appointing Brian Owens to the Police Citizen Task Force
Appointing Pat Daly to the Police Citizen Task Force
RESOLUTION2021-112
Appointing Pat Daly to the Police Citizen Task Force
e. Appointing Frank Holtz to the Police Citizen Task Force
RESOLUTION2021-113
Appointing Frank Holtz to the Police Citizen Task Force
f. Appointing Clagett Moxley to the Police Citizen Task Force
g.
RESOLUTION2021-114
Appointing Clagett Moxley to the Police Citizen Task Force
Appointment of Town Council Representative to Thomas Balch Library
Endowment Foundation
RESOLUTION2021-115
Appointing Judge Thomas Horne to serve as Town Council Representative on the
Thomas Balch Library Endowment Foundation Board
h. Utility System Storage Facility
RESOLUTION2021-116
Approving a Task Order for Architectural and Engineering Design Services for a
•New Pre Engineering Utility Systems Storage Facility to Dewberry Engineers Inc.
in the amount of $303,580
i. Morven Park Road Sidewalk Improvements Project
RESOLUTION2021-117
Approval of Change Order No. 9 in the amount of $39,721 for Design of the
Morven Park Road Sidewalk Project
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COUNCIL MEETING August 10, 2021
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Award of Contract — Replacement ofPoolPak Number 2 at Ida Lee Park Recreation Center
RESOLUTION2021-118
Awarding the Construction Contract for the Replacement ofPoolPak Number 2 at
Ida Lee Park Recreation Center to Paramount Mechanical Corporation in the
amount of $471,000
k. Airport Apron Paving
RESOLUTION2021-119
Approve a Task Order in the amount of $189,775 for Engineering Design Services
for the Airport Apron Paving Project
1. Lawson Road Pedestrian Crossing of Tuscarora Creek
RESOLUTION2021-120
Approval of a Task Order in the amount of $229,128.08 for Design and
Engineering Services for the Lawson Road Pedestrian Crossing at Tuscarora Creek
Project
m. Award of Contract — Snow and Ice Removal Services
RESOLUTION2021-121
Awarding Fiscal Year 2022 Snow and Ice Removal Services Contracts to
Brookfield Site Development Inc. and Rolling Green LLC
The Consent Agenda was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasarian absent)
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. Town Hall Art Exhibit by Larry Roeder
MOTION2021-151
On a motion by Council Member Steinberg, seconded by Council Member
Cummings, the following was proposed:
RESOLUTION2021-122
Approval of Town Hall Art Exhibit by Larry Roeder
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasari an absent)
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COUNCIL MEETING August 10, 2021
b. Award of Contract — Airport North Hangars Project
Mr. Scott Coffinan gave Council a brief presentation of the Airport North
Hangars project. Staff and Council discussed the item.
MOTION2021-152
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
RESOLUTION2021-123
Award of Contract to Crisak, LLC in the amount of $6,883,644.42 for
Construction of the Airport North Hangars Project
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasarian absent)
MOTION2021-153
On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the
following was proposed:
RESOLUTION2021-124
Approval of Task Order to CDI-Infrastructure LLC dba L.R. Kimball in the
amount of $520,457 for Construction Engineering and Inspection Services for the
Airport North Hangars Project
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasarian absent)
MOTION2021-154
On a motion by Vice.MayorMartinez, seconded by Council MemberNacy, the
following was proposed:
RESOLUTION2021-125
Approval of Task Order to Talbert Bright & Kane Inc. dba Talbert & Bright in the
amount of $182,972.69 for Construction Administration Services for the North
Hangars Project
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1(Bagdasarian absent)
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COUNCIL MEETING August 10, 2021
c. 2022 General Assembly Legislative Program
Mr. Keith Markel reviewed the discussion points from the Work Session.
Council and staff discussed the item. Additional amendments include separating
broadband into two items with one being supporting broadband access to all in
Virginia and another item for providing devices to those in need.
MOTION2021-155
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
RESOLUTION2021-126
Adoption of the Town of Leesburg's 2022 Virginia General Assembly Legislative Program
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasarian absent)
d. Motion to Approve the National Preparedness Month Proclamation
(Sponsor: Mayor Burk)
MOTION2021-156
On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the following was
proposed:
To approve the Proclamation for National Preparedness Month to be proclaimed at the
September 14, 2021, Town Council Meeting
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1(Bagdasarian absent)
14. PUBLIC HEARINGS
a. Award of Non-exclusive Telecommunications Facility Franchises (Small Cell)
The Public Hearing was reopened at 7:44 p.m.
Ms. Christine Newton reviewed the process to award. non-exclusive
telecommunications facility small cell franchises to Cellco Partnership, d/b/a Verizon
Wireless and New Cingular Wireless. Council and staff discussed the item. Mr. Matt
Ames, outside counsel to the Town, participated by phone in the discussion. Ms.
Newton advised Council that in an abundance of caution due to the issues with the
initial public hearing notices, Council was asked to readopt Ordinance 2021-0-010.
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COUNCIL MEETING August 10, 2021
Public Speakers:
There were no public speakers wishing to speak at the public hearing.
The public hearing was closed at 8:04 p.m.
MOTION2021-157
On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the
following was proposed:
ORDINANCE 2021-0-010
Initiating and Establishing a Process for Soliciting Proposals and Granting Non -Exclusive
Telecommunications Facility Franchises for the purpose of ratifying that ordinance
following additional publication and an opportunity for the public to be heard
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasarian absent)
MOTION2021-158
On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, the following
was proposed:
ORDINANCE 2021-0-017
Granting to Cellco Partnership, a Delaware General Partnership, d/b/a Verizon Wireless
its Successors and Assigns, a. Telecommunications Facility Franchise, Under Certain
Conditions, Permitting the Grantee to Use the Public Rights-ofWay in the Town of
Leesburg for the Design, Construction, Installation, Maintenance, Repair, Upgrade,
Removal
and
ORDINANCE 2021-0-018
Granting to New Cingular Wireless PCS, LLC 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 for the Design,
Construction, Installation, Maintenance, Repair, Upgrade, Removal and Operation of .
Specified Small Cell Facilities and Related Infrastructure
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The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasari an absent)
Mr. Spera thanked Ms. Newton and Mr. Ames for their efforts on this complex
work for the Town.
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COUNCIL MEETING August 10, 2021
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
Council Member Cummings thanked the Parks and Recreation Department noting that
he and his family have enjoyed using the Town's facilities over the summer and that his son
enjoyed attending a few weeks of summer camp at Ida Lee. Mr. Cummings wished everyone
with children good luck starting the new school year in a few weeks.
Mr. Cummings requested a Work Session discussion for business signage on buildings
outside of the Historic District and within the Crescent District.
It was the consensus of Council to add this to a future Work Session discussion.
Vice Mayor Martinez thanked Mr. Markel and Chief Brown for their support at the
Work Session for making a potentially contentious meeting a well -ordered meeting. Mr.
Martinez also publically thanked Town employee CJ and all of the Parks and Recreation staff.
for a great job maintaining Town facilities and properties.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS 1
Mayor Burk disclosed that she met with Mr. Rich McClellan of Meadowbrook
regarding the expansion to his facility. Mayor Burk thanked the Police Department for creating
a Police Camp for the Young Kings Movement. Mayor Burk welcomed the Dance Academy
of Loudoun at a ribbon cutting and noted she was joined by Council Member Cummings.
Mayor Burk said she attended the 100 -year celebration of the National Agricultural Aviation
Association at the ProJet facility. Mayor Burk participated in National Night Out and thanked
the Police Department for a great community outreach event. Mayor Burk noted that she and
Supervisor Umstattd were working on a homelessness symposium scheduled for September 20th
at the Loudoun County Government Center to educate the community about what government
can and cannot do regarding homelessness. Mayor Burk said she attended the opening of the
Loudoun County Animal Shelter and noted it was a very green facility and hoped Town
projects could be as green in the future. Mayor Burk wished everyone the best school year
possible.
19. TOWN MANAGER COMMENTS
Mr. Markel wished everyone a happy, August recess and reminded Council that a
meeting with the Planning Commission was scheduled for August 16. Mr. Markel said
he looked forward to seeing everyone at the Taste event on August 14.
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COUNCIL MEETING August 10, 2021
20. CLOSED SESSION
a. None.
21. ADJOURNMENT
On a motion by Council Member Steinberg, seconded by Council Member Nacy, the meeting was
adjourned at 8:12 p.m.
Kelly : rk, i a, or
Town of Leesburg
ATTEST:
Clerk of Council
2021_tcmin0810
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August 10, 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.Ieesburgva.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: I would like to call to order today August 10th, 2021, Leesburg Town Council
meeting. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Nacy
will be giving the invocation, followed by the salute to the flag by Council Member Cummings. Ms. Nacy.
Council Member Kari Naci: Thank you. Please bow your heads and join me in a moment of silence
for the tragic loss of the Pentagon Force Protection Agency Officer, George Gonzales, Chicago Police
Officer, Ella French, and the countless other officers who lost their lives in the line of duty these past
two weeks.
[silence]
Thank you.
Mayor Burk: All right. Mr. Cummings, would you lead us in the pledge?
Council Member Zach Cummings: [inaudible]
Mayor Burk: All right. Let the record reflect that all members of Council are present with the exception
of Mr. Bagdasarian who will not be joining us tonight. There is two minutes. We have the work session
minutes of July 26th, 2021. Do I have a motion?
Council Member Cummings: So moved.
Mayor Burk: So moved by Council Member Cummings. Second?
Council Member Nacy: Second.
Mayor Burk: Seconded by Council Member Nacy. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? That is 6-0-1, won. Regular session minutes of July 27th, 2021.
Council Member Suzanne Fox: So moved.
Mayor Burk: Moved by Council Member Fox. Second? seconded by Council Member Steinberg. All in
favor, indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? That's 6-0-1. Do I have a motion to adopt the meeting agenda?
Council Member Neil Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg. Second?
Council Member Nacy: Second.
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Mayor Burk: Council Member Nacy. Are there any amendments or deletions? All in favor indicate by
saying aye.
Council Members: Aye
Mayor Burk: Opposed? 6-0-1. We have two presentations, or proclamations. We have the National
Payroll Week. I will read this for the record, but this will be mailed. It is the proclamation for National
Payroll Week.
"Whereas the American Payroll Association is more than 20,000 members, have launched a nationwide
public awareness campaign that pays tribute to the nearly 150 million people who work in the United
States, and the payroll professionals who support the American system by paying wages, reporting
workers' earnings, and withholding Federal Employment Taxes.
Whereas payroll professionals play a key role in maintaining the economic health of the Town of
Leesburg, carrying out such diverse tasks as paying into the Unemployment Insurance System,
providing information for Child Support Enforcement, and carrying out tax withholding, reporting and
depositing.
Whereas the Payroll Department collectively spends more than $2.5 trillion annually, complying with
the myriad of Federal and State wages, State wage, and law taxes, payroll professionals play an
increasingly important role in ensuring the economic security of American families by helping to identify
non -custodial parents, and making sure they comply with their child support mandates.
Whereas the payroll professionals have become increasingly proactive in educating both the business
community, and the public at large about the Payroll Tax Withholding System. Whereas payroll
professionals meet regularly with the Federal and State tax officials to discuss both improving
compliance with government procedures, and how compliance can be achieved at less cost to both
government and business therefore, proclaimed that the Mayor and the Council of the Town of Leesburg
in Virginia hereby recognize National Payroll Week, which is held annually the week in which Labor Day
falls, proclaim this 10th day of August, 2021." That will go in the mail.
The next one we have is for World Suicide Prevention. Brittany Lang is here today. Let me read it out
and then I will come down.
"World Suicide Prevention Day, September 10th, 2021. Whereas September 10th, 2021 is the World
Suicide Prevention Day, it is a time to join with neighbors across the globe to reaffirm our commitment
to preventing suicide. Whereas World Suicide Prevention Day was first launched in 2003 by the
International Association for Suicide Prevention and the endorsement of the World Health Organization.
Whereas the new theme for the World Suicide Prevention Day is "Creating hope through action," the
new message is one of hope that aims to empower people with confidence to engage in this complex
subject.
Whereas though this theme was aimed to work together to create a movement of preventative action
with a sustained message to drive behavioral change and ultimately prevent more suicides. Whereas
we give thanks to the dedicated crisis counselors, the health professionals, the faith leaders, the
teachers, the friends and the family members who never give up on trying to make a meaningful
difference.
Whereas we welcome Brittany Lang, the Chair of Loudoun Out of the Darkness, to accept the
proclamation for World Suicide Prevention Day, therefore proclaimed that the Mayor and the Town
Council of the Leesburg in Virginia hereby recognize September 10th as world Suicide Prevention Day,
and encourage all residents to raise awareness and educate oneself about the causes of suicide and
the warning signs. Proclaimed this 10th day, August 2021."
I'm going to go down and present this to Brittany. [silence] Brittany, thank you very much for being here.
I'm going to walk in front of you. There we go. [chuckles] Go over here so we can get to the cameras.
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We want to thank you very much for what you do on this. Would you explain to us what your organization
does and your walk that's coming up?
Brittany Lang: Yes, absolutely. We are American Foundation for Suicide Prevention. We bring hope
to people all over the country. We have a chapter in Loudoun. We are having a community walk on
September 26th at Ida Lee Park. We would love to see everyone there supporting our mission and
saving lives.
Mayor Burk: Wonderful. It is really important. I think people forget that there's a lot of-- There are
individuals that are really struggling, and trying to figure out where they fit in the world and how they fit.
Having organizations like yours that are able to help them get through their crisis and make sure that
they realize that life is really important.
Brittany Lang: Absolutely.
Mayor Burk: Thank you for all you do.
Brittany Lang: Thank you.
Mayor Burk: Thank you. I'll see you on the 26th.
Brittany Lang: Thank you. I'll see you then.
[silence]
Mayor Burk: Anyone have any regional commission reports? Not at this point? Okay.
The next section is our petitioners. 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-- Thank you. Please identify yourself, and if comfortable doing so, give your address for the
taped record. Any public speaker will be requested to state their name 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. Green light on the
timer 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. Under the rules of orders adopted by the Council, the five-minute time limit applies to all.
There is nobody that is signed up to speak. Is there anybody in the room that didn't sign up that would
like the opportunity to speak at this point? All right. There is no one that is interested in speaking, so I
will close the petitioner section.
That takes us to the consent agenda. I'm going to read each title from the agenda and ask Council
members if they want anything removed at that point, and then I'll ask for a motion. The approval of the
consent agenda. Appointing Paul Gomez to the Police Citizen Task Force. Appointing Amy Herber to
the Police Citizen Task Force. Appointing Brian Owens to the Police Citizen Task Force. Appointing Pat
Daly to the Police Citizen Task Force. Appointing Frank Holtz to the Police Citizen Task Force.
Appointing Claggett Moxley to the Police Citizen Task Force.
Appointing the Town Council representative to the Thomas Balch Library Endowment Fund. Appointing
Judge Thomas Horne. Utility System Storage Facility. Morven Park Sidewalk Improvement Project.
Award of Contract Replacement of the Pool Pack Number 2 at Ida Lee Park Recreation Center. Airport
Apron Paving. The Lawson Road Pedestrian Crossing of Tuscarora Creek, and the Award of Contract
Snow and Ice Removal Services. Is there any item that anyone would like to have removed at this
point? Do I have a motion to accept the consent agenda?
Council Member Steinberg: I move.
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Mayor Burk: So moved by Council Member Steinberg. Second?
Council Member Nacy: Second.
Mayor Burk: By Council Member Nacy. All in favor indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? That's 6-0-1. All right. That takes us then to our resolutions. For our resolutions,
the first one we have today is the Town Hall Art Exhibit by Larry Roeder. Do I have a motion to accept
that?
Council Member Steinberg: So moved.
Mayor Burk: Moved by Council Member Steinberg second. Second?
Council Member Cummings: Second.
Mayor Burk: Council Member Cummings. All in favor, indicate by saying aye.
Council Members: Aye
Mayor Burk: Opposed? That's 6-0-1. Next one is the Award Contract of the Airport North Hangar
Project. We do have a presentation from our Director of the Airport, Mr. Coffman.
Scott Coffman: I will try and make this a brief presentation on the Airport North Hangars Project. Many
of you know this project has been in the CIP for going on five years now. The design was completed
over the past year. FAA indicated that funding would be available.
The design, if you look at the screen, is for 26 T -hangars, 11 tie -down spaces, those are the outdoor
parking spaces, three corporate hangars, which is the building in the top right, and that's a building
that's divided into three separate units. Then finally, the grey building that represents a land lease parcel
that will be available for private corporate development.
The project came about for several reasons. I'll go through them. First of all, the demand for aircraft
storage at the Airport and in fact, the whole region is high. We currently have a long waiting list for T -
hangar space at the report.
The other reason for this, and I'll get into more detail, but there are 50 condo T -hangars. Condo means
they're individually owned. Their lease ends in-- The ownership of those hangars transfers to the Town
in October of '22. To comply with some FAA standards, and I'll give you more detail, 28 of those hangars
must be removed, which was driving this project to build out more hangars on the north side to replace
those.
The good news about this project is hangars are in demand. Leesburg can charge fair prices. The
project will generate revenues that will cover not only its debt service but its operating expenses and
generate some revenue for the Airport as well. That's starting in the first year. Once they're paid off after
20 years, and the life of these is 40+ years, it's going to be a significant revenue source for the Airport
just like the existing hangars are now. No local tax funding is required for this project.
The reason that this project and a taxiway relocation project are in our CIP is because of FAA design
standards. As you know, FAA pays a lot of expenses at the Airport. They have a big say so and where
their money is going and it's all towards safety. Airports have design standards in aviation and equals
consistency among Airports across the US, which equals aviation safety.
Page 41 August 10, 2021
I put this picture in because you can see the wingspan of the airplanes that are flying into Leesburg
these; days. That's a 100 -foot wingspan. That wing is hanging pretty far out. That's where our standards
that we're not quite meeting become an issue.
The first is the runway object -free area. Just like it sounds, it's an area on either side of the runway that
should be clear of objects. Unfortunately, Leesburg has three hangar buildings within that location.
That's what will be demolished when the taxiway relocation project within the CIP is constructed in
2027.
The second issue where the Airport is falling short is the runway taxiway separation distance. There is
a distance that the FAA sets based on the type and size of airplanes that fly into the Airport, how far
away should they be. They're required to be 400 feet. Unfortunately, our taxiway is 37 feet too close.
The FAA is telling us, "You need to knock down these hangars and you need to move your taxiway 37
feet farther away from the runway."
When you move that taxiway farther away it further encroaches into those hangars where they would
not be usable. The taxiway project is in CIP. The first phase of construction is around 2027. That's an
expensive project, so it'll probably be done in two phases.
We have a requirement to knock down some hangers, but we have a high demand for hangars. Today
we have 170 hangar units on the Airport. If anybody doesn't know what a T -hanger is, it's basically a T-
shaped storage, building for garage for an airplane.
If we complete this North hangar project, we will go up to 136 units. Ultimately, as I said, eight of those
have to come down, and we'd be at 108. If we didn't do this project, we would be down to 79 units after
knocking those down, so we don't want to go backward. That's why this project is here for your
consideration. To show the demand, we do have a hangar waiting list. There is a deposit required to be
on that list. It's currently seven years in length.
Good, Jason's here. I'm going to get down to the money part because this project is over budget, as
everything else is these days, I think, in the world of construction. It's significantly over budget. I'll walk
you through why that is, and what we need from the Council to make this project continue forward.
The original CIP approved for FY 22 was $5.3 million. It included the design, which has already been
done. We had an FAA grant that covered the design work that's been done over the past year. It did
not include a construction contingency amount.
As we bid this project in May, and we received two bids, and I'll go through the bidders because it's part
of the contract award, the construction costs were considerably higher. Some of that was based on our
design and what we found in the field and what was needed. Some of it's just related to the market. The
project ended up having to have considerable more stormwater management facilities. These are all
under the apron. They store and they clean and they filter the water before it's released into Goose
Creek and Potomac River.
The Utilities folks want a waterline loop that's to ensure water quality that you have fresh water, you
don't have a dead-end rusty waterline. That's significant because it goes around that entire project.
Then we have waste and small vehicle parking lot that was added as well.
Renee can maybe talk a little bit about market material costs if you have any questions. The project
didn't fully account for the corporate hangar. The engineering estimate didn't include part of that metal
building. It did include site work and the retaining wall, but missed some of that. Portions of the site
work weren't eligible for FAA funding. The construction engineering, and inspection costs were higher.
Again, it did not include the $800,000 of contingency funding.
The contingency which Capital Project's likes to budget for, that could be a Town expense if it's related
to the buildings, or it could be an FAA expense if it's related to the site. The FAA is funding the site work
Page 51 August 10, 2021
and the Town, they don't fund revenue -producing portions of projects like the building. If there's a
contingency, if there's an item that's over, it's not necessarily a Town cost. I need to speed up.
Funding sources, the FAA has told us to prepare to accept a grant for almost $4 million in September.
They have not awarded it yet, but we have to be prepared to turn it around quick because their fiscal
year closes. The Virginia Department of Aviation has confirmed their participation, just over $200,000.
That leads it with the Town costs of $4.3 plus the paygo-- Maybe Jason will explain that.
Again, the project's over budget, but it generates significant amount of revenue. No local tax funding is
required to pay for the debt service or operating expenses. The annual debt service on the additional
$1.9 that it's over is to be covered, again, by that hangar lease revenue. As Finance can maybe tell
you, the Town's sustainability plan for debt capacity, they propose moving the FBO hangar purchase
from FY 24 to 26 to allow this project to keep up.
Tonight, we're asking for a supplemental appropriation from the Town of $3.5 million, which $1.597
million is really just the FAA and State funding, and an additional $1.9 of Town general obligation bonds,
which does include contingency and project management costs.
I know I'm running out of time, but the actions you take tonight are contingent on receipt of the FAA
grant. We're of course not going to do this project without the Federal money and the State money. To
award a contract, Crisak was the lowest of two bidders received. Crisak, we've done some background
on them. They have done some recent projects in Loudoun County, and have received favorable
feedback on those.
Our two engineering firms for the Airport are L.R. Kimball that would do the onsite oversight of the
project and inspector, and then Talbert & Bright is the original designer. They would have input on what
materials and supports are being used. [beep] Any questions?
[laughter]
Council Member Cummings: Well done.
Mayor Burk: Okay, you can take a breath now. Ms. Nacy, do you have any questions on this project?
Scott Coffman: Come on up, Jason. Come up and stand up here with me.
Council Member Nacy: I don't know. That was pretty straightforward. Thank you very much.
Mayor Burk: Miss Fox.
Council Member Fox: Yes, I do have a couple of questions. Thanks. The $1.9 million that we just
talked about, you said there were no local tax funding is required, but it's going to be funded by bonds.
You said it would be revenue actually positive, not neutral, but positive. How long will that take? How
long for that return on investment will that take?
Scott Coffman: After you pay the operating expenses, then debt service, the first year, it's revenue
positive.
Council Member Fox: Okay.
Scott Coffman: Then after it's paid off after 20 years, then it's all --
Council Member Fox: That's pretty darn quick. Okay. Looking at everything and looking at all the
numbers, it comes out to about 40% more. This has really risen. I understand about the construction
costs. The cost of everything has gone up. What about the engineering costs? I was looking at some
of the task orders with engineering costs and things like that. Has that gone up as well, and why?
Page 61 August 10, 2021
Scott Coffman: Renee, do you want to help me with that, because I was telling Keith today, I wanted
to be an engineer if it's [inaudible]?
Renee LaFollette: Right now, engineering costs are high. It's a competitive market for finding good
engineering talent for any of these companies. The construction management firm, L.R. Kimball is one
of the, top companies in the country. We happen to have them on contract with us. They will do all of
the site inspection and building inspections. They travel from out of state to come in, so there is some
travel. involved in their task order. Just like everywhere else, their wages increase on their hourly rate,
so that's where a lot of it is.
They're looking at two buildings and a lot of site work. FAA projects have a lot of paperwork that has to
be done correctly in order for us to get our full reimbursement amount. That's part of the reason that we
pay that premium to both of those companies, is to ensure that we don't have any issues with audits
and reimbursement requests they're submitting.
Council Member Fox: All right. It makes sense, but then again it doesn't.
Renee LaFollette: We did have an independent fee estimate that is a requirement by the FAA for any
task order that's over $100,000. We had to pay a third party to review those task orders to ensure that
there isn't anything in there that is not FAA eligible.
Council Member Fox: Okay. One other question. I get a lot of good feedback. I got a free -flowing
communication of information with a Commission member, but we haven't heard any sot of, I guess,
Airport status for a long time. We've heard from the other commissions. I was just wondering why we
haven't been able to hear anything from the Airport Commission.
Scott Coffman: I won't speak on behalf of the Commission, but I can give you a quick snapshot of the
Airport. I was telling the Mayor earlier today, the Airport is up 40% in traffic than pre-COVID. 40%, 30%
more than last year, and 40% more than 2019. I just got the stats on July and we had the tower, which
only is opened 10 hours a day, recorded 8,000 takeoffs and landings in July. Leesburg Airport is in
demand. That's why I'm standing before you to advocate for this project.
Council Member Fox: Understood. I'd love to hear from the Chair of the Commission at some point
too. Thanks.
Mayor Burk: I'm sure they're in the rotation to give a report.
Council Member Fox: Yes, okay.
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: Thanks. Thanks for the presentation, Scott. I don't have any questions,
but just for the public's information, this is a complex project. In the phases, the new hangars, the
corporate hangars, and the pad preparation for the end piece there all happen at the same time?
Scott Coffman: They do, yes.
Council Member Steinberg: It's all part of the same project?
Scott Coffman: Yes. Let's get back to that first picture. Yes, they all happen at the same time. As we're
constructing, we can offer that pad site for a competitive bid for somebody to lease it and build their
own hangar.
Council Member Steinberg: The T -hangars and the one octagonal building get removed, and then the
taxiway gets relocated?
Page 71 August 10, 2021
Scott Coffman: Yes.
Council Member Steinberg: Okay. All right, thanks. Go ahead.
Scott Coffman: One of the things we've learned is this was-- The FAA said, "Hey, can you do this?
Can you design this and do this project in this year?" because they had the money available. In the
future', I think we're going to allow a year between design and bidding it so that we can prepare our
budgets better so we have a full design, and we don't have any [inaudible] changes like we did tonight.
Council Member Steinberg: In the end, what else will we require to bring us up to the FAA's design
standards, their satisfaction?
Scott Coffman: Those two items, the runway object -free area, and the taxiway and runway separation
are the only two deficiencies of the Leesburg Airport. One of the things I didn't mention in the
presentation is if we don't do those and the FAA wants those done, they can withhold funding until we
fix those safety issues. They may not do a runway repaving, or they may not do an expansion project
until we fix those items.
Council Member Steinberg: Thank you.
Mayor Burk: Mr. Cummings?
Council Member Cummings: Thank you. No questions, just a quick comment. Thank you for the
presentation. Thank you for all the work going into this. Obviously, the Airport operates like a business,
and part of operating a business is that return on investment. We're making an investment to see a
return, so I'm happy for that and look forward to seeing more out at the Airport.
Mayor Burk: Mr. Martinez? I have a couple of questions. Jason, you might be the one to answer them.
The hangar leases, will they take care of the bonds that are due, the bond payments on a yearly basis?
Will they cover whatever we get from those leases? Will they cover the bond payments?
Jason Cournoyer: Yes, ma'am. The total GO bond required for the supplemental appropriation and
what's included in the CIP is projected to be covered by the annual lease revenue from the hangar at
the conclusion of the project.
Mayor Burk: How does this impact our bond limit?
Jason Cournoyer: Our debt capacity is what we're coming up against a little bit. This is a concern for
us going into the environment with a pretty aggressive CIP at the moment. This does go against our
debt capacity for general government projects, but we are within compliance of our fiscal policy of 15%.
This is going to put us over the equivalent to about 14% of our adopted budget amount. It is inching
closer to the 15%.
It's something we're going to have to evaluate when we develop our fiscal year 2023 budget for you,
knowing that some of the construction and engineering costs have continued to escalate for all our
other projects as well.
Mayor Burk: Will this impact the bond rating at all?
Jason Cournoyer: No, ma'am. If we're in compliance with our fiscal policies, the bond rating agency
will look favorable on us.
Mayor Burk: All right.
Page 81 August 10, 2021
Keith Markel: This is also why we are projecting and asking you all to move out the FBO hangar
purchase, which gives us a little extra capacity here in a few years. We're taking it and moving it out in
two years, so that gives you a little more headroom on your total bond capacity.
Mayor Burk: We have to be careful in that we end up something comes up, we've got to be able to pull
the money from somewhere to be able to take care of whatever that issue is. I told you I would ask you
this question. What are the green elements within this?
Scott Coffman: Unfortunately, these hangars are not energy high -use. The 26 -unit T -hangar building,
though it's 600 feet long. The only thing it has in it are LED lights that light up the garage base. It does
not have heating or air conditioning in it. There is a small single restroom, but it's not a high energy use
facility.
Mayor Burk: You talked about the wastewater. The stormwater, I mean.
Scott Coffman: The stormwater, because aircraft are refueled on this ramp, the stormwater is treated
on this site. There's no credits or anything like that. Everything gets treated. Renee can talk more about
that. It goes to oil -water separators. A large sediment settles out of it, so it's releasing the clean water
into environment.
Mayor Burk: The water is clean that goes into Goose Creek -
Scott Coffman: It does.
Mayor Burk: -from the Airport? That's an important element.
Council Member Steinberg: Sycolin Creek feeds to Goose Creek, which feeds to Potomac.
Mayor Burk: Okay, so it goes into the actual Sycolin Creek?
Scott Coffman: Yes.
Mayor Burk: I think that's something that you need to make sure that people understand. That's a huge
element.
Scott Coffman: Yes, the Airport actually spends quite a bit of money on ensuring our environmental
compliance through a third party that inspects the Airport every quarter to ensure and take samples of
all the outflows, ensuring there's no petroleums, that we meet all the State standards of releases.
Mayor Burk: The building itself, you said, wasn't worth the effort to put any solar or anything like that
into it, but in the future, could there be, possibly, a solar project where the rays would go on the building?
Is it set for that? Would that be able to happen if--?
Scott Coffman: I don't think it would be good for this particular building? The terminal is a much higher
energy user. There are a lot of Airport projects around the country where they're putting solar. I think
Dulles is one that's getting a solar farm not on rooftops, but just a stand-alone area on the backside of
their property where they're getting a solar project with a partner.
Mayor Burk: Well, that would be something that we might want to think about in the future.
Scott Coffman: Agreed.
Mayor Burk: All right. Thank you. I appreciate it. Do you need a motion for tonight?
Scott Coffman: We do.
Page 91 August 10, 2021
Keith Markel: There's a bid involved here. There are three separate resolutions as part of this item that
will need action this evening if you wish to move this forward.
Mayor Burk: I'm looking for it here. You're looking for three different motions for this, is that correct?
Keith Markel: You have three resolutions in your packet there. The first one is the award of contract to
Crisak LLC.
Mayor Burk: Is there someone that would like to move the award contract --
Vice Mayor Martinez: So moved.
Mayor Burk: Moved by Vice Mayor. This is the award contract to Crisak LLC in the amount of $6.8
million and change. That's Mr. Martinez. Was there a second?
Mayor Burk: Seconded by Council Member Steinberg. Any other comments at this point? All in favor,
indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? That's 6-0-1. The second resolution, Approve the Task Order to the CD!
Infrastructure LLC.
Mayor Burk: That's moved by Council Member Fox.
Vice Mayor Martinez: Second.
Mayor Burk: seconded by Vice Mayor Martinez. Any comments? All in favor, indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? 6-0-1. Okay, Approval of the Task Order -
Vice Mayor Martinez: Moved.
Mayor Burk: -to Talbert, Bright & Kane. That's moved by Vice Mayor Martinez.
Council Member Nacy: Second.
Mayor Burk: -seconded by Council Member Nacy. All in favor, indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? It's 6-0-1. All right. Thank you. You've got your work ahead of you. Our next
item is the General Assembly Legislative Program. Let me see where that is. My earring just fell off.
[pause]
I'm sorry, I'm looking for the back of my earring. Go ahead. [laughs]
Keith Markel: Oh, sorry. Good evening, Madam Mayor and Council. This is an update with you this
evening on the Legislative Program for the upcoming General Assembly session in January of '22. The
last time we met, we reviewed the initial draft and then between then and now, you all provided me
additional comments and ideas that we have incorporated into the draft Legislative Program.
Page 101 August 10, 2021
That's what we're here this evening to review those additions and see if you're ready to take action on
it this evening or discuss at a future time. We'll get right into it here. The '22 Legislative Program
additions, you have this in your packet here, there was a request to add to the allowable limit for3
remote participation for elected officials. Currently, you're capped at two remote participations for non-
medical issues to a meeting such as the Town Council. This would extend it now to four meetings
annually.
There was a consensus to remove higher education presence in Leesburg. That has been struck
through in the draft. Access to broadband was brought up. This was B for Town support to bring
broadband access to all communities throughout Virginia and to support the state providing devices to
those individuals who did not have devices to access the Internet. That is 1.10.
There was an addition for litter fines. Currently, a litter violation is subject to a $500 fine. The request
here would be to add for a subsequent offense in the same year to be the subsequent offense of $750
for such citation.
There was consensus on adding information about glass recycling, asking the State to provide a
program, to incentivize localities to provide glass recycling, and to expand markets for glass recycling
product. Then the prohibition on plastic bags, which was discussed last evening, and so you all have to
take any action by asking Loudoun County to move forward on the bag tax, but this would be for an
outright prohibition of plastic bags, something which Towns are not able to impose currently.
There's also a request to ask the State to cost -share for utility plant expansions. There's also a request
for the American Rescue Plan Act funding requesting the State to support the funding gap between
what the -Federal government has supplied communities that are treated as entitlement communities
versus what Towns in the Commonwealth of Virginia received that are non -entitlement communities. If
you saw the action taken by the General Assembly on their bill, you saw that Leesburg was not included
in any of those provisions to provide any funding for that gap.
Those were the additions added to the draft. We can discuss this evening if you like. Our next steps
would be to make any modifications and then when you're comfortable, take action to adopt the
program, and then we would distribute this out to our local elected leaders that represent us in
Richmond.
Mayor Burk: One of the important components to this is time. They are going back again in January,
but they'd asked us to get this together ahead of time so that they can look at it and try to work on it in
the September, October time period. This is our last meeting in August. If there's a possibility that we
could get it passed tonight, that would meet their request. Mr. Cummings, do you have any questions
or comments on this?
Council Member Cummings: No questions or comments.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: Well, this is based on our conversation last evening. I think this is a really
important addition since we're talking about the ability to tax plastic bags. We realized how many times
we run up against this counties and cities phrase, "which does not include us." I think it's imperative
that we solicit our delegation to, if nothing else, carve out an exception for Leesburg or whatever it
takes, to have the legislature recognize that we are, I believe an exception in the State and some
allowance needs to be made to that.
I'm not exactly sure how that gets worded for the legislature to change that in the code, but I think it's
important that we address that. Finally, I assume the remote attendance for commissions remains as
what we originally asked, which would be to let them attend remotely as often as they wish.
Keith Markel: Correct. There is 1.1.
Page 111 August 10, 2021
Council Member Steinberg: Okay, thanks. That would be the only addition I would want to make at
this time and in a hurry.
Mayor Burk: Mr. Markel, how would we word that? What would that look like? [crosstalk] --
Keith Markel: There are some nuances I'm sure that the Town Attorney could touch on this too -- in
things that are empowered to towns versus cities and counties. We are different in some respects, and
we just aren't able to do certain things that counties and cities can do. In other cases, it seems like for
specifically carved out and penalized because you don't have those things where they could have
offered that to the towns. Our policing oversight board is an example of that. I don't know, maybe the
Town Attorney and I can noodle on that, or if you have any comments that you want to share.
Christopher Spera: The temptation is to say towns over a certain size, perhaps, but then to go to
Keith's point of there are certain things just because you're part of the overall county organization, it
might not make sense. I hate to say let me look at it, but I need to look at it because my gut reaction is
just to just say towns over a certain size, but that may not fit every circumstance.
Keith Markel: It could be a general position statement stating that when crafting legislation be cognizant
of the fact that large towns in many ways function like larger localities, counties, and cities and that in
every opportunity they should pay deference to that fact and to build that into legislation where possible.
Mayor Burk: I think that would meet your-- Miss Fox.
Keith Markel: True.
Mayor Burk: Can we go back just a couple of slides, there is something right, no one more, access to
broadband. I agree with that, however, I'm not sure about providing devices to those in need, I need
more information on that. Is this a position statement or is this something or saying can we --
Keith Markel: This was added in as a position statement to the document 1.1.
Mayor Burk: All right. When it's a position statement how does that translate down in?
Keith Markel: We're not asking for specific legislation, but should a bill be introduced that would go in
this direction, this would be your formal position that you're on record as taking. If any of our legislators
called and said, "Hey, what would you think about this?" This is what we would reference and say the
town is in support of supporting broadband throughout Virginia, and if they had a bill that would look at
such as providing devices that the Town would be in general support. It's not something really specific.
The device component really maybe you could buy in Leesburg, there might be some folks that would
apply to that. In general, Leesburg has wide access to broadband from a technology standpoint, it's just
available. This would be much more for rural areas of Virginia. There is a significant amount of funding
available for broadband. We know this is going to be a priority for Virginia and the nation as a whole
[crosstalk]
Mayor Burk: Significance.
Council Member Fox: To tell you the honest truth, I get all that. My second point is providing the
devices. I don't know what that's going to cost. We have no parameters on that. I would feel better if we
put those in two different-- access to broadband and then provide the devices. I probably wouldn't
support right now the provision of the devices.
Mayor Burk: Miss Nacy.
Council Member Nacy: No comments.
Page 121 August 10, 2021
Mayor Burk: Okay. Do you need from us tonight a motion that we accept this legislative agenda?
Keith Markel: That would be great. What was the consensus on removing the device portion of the
addition to 1.1? Do you want to discuss it?
Mayor Burk: Are there four people that would prefer to leave out the device aspect of it?
Council Member Fox: Yes, I'm willing to do that [unintelligible].
Mayor Burk: You're just asking that it be --
Council Member Fox: Established throughout [unintelligible].
Mayor Burk: Does anybody have a problem with that? All right. We can do that.
Keith Markel: We'll make that a standalone.
Vice Mayor Martinez: [unintelligible] the Internet.
Keith Markel: I'm sorry the first part is to allow communities who need to access the Internet.
Vice Mayor Martinez: To access the Internet.
Keith Markel: Communication for providing devices or you wanted that added to the Town supports.
Vice Mayor Martinez: You could substitute providing access instead of devices. I think that can cover
whole different kinds of things.
Keith Markel: Our first sentence there is the Town Council supports State effort to bring broadband
access to all communities in Virginia. The second part is support the State providing electronic devices
to access the Internet for those who do not currently have one.
Council Member Nacy: Keith, if something comes forward, you'll let us know because I just want more
information on that.
Keith Markel: Yes.
Council Member Nacy: Okay, thanks.
Mayor Burk: All right do I have a motion to accept the-- Vice Mayor Martinez-- Let me finish
[laughter]
Mayor Burk: Vice Mayor Martinez made the motion to accept the General Assembly Legislative
Program, and Mr. Cummings? Mr. Steinberg seconded it. Any additional discussion at this point and
that is with the amendments that we just made. All in favor indicate by saying, Aye.
Council Members: Aye.
Mayor Burk: Opposed? 6-0-1. Alright. The next one is the motion to approve the National
Preparedness Month proclamation. Vice Mayor will second it, I moved it. Vice Mayor Martinez,
seconded, all in favor indicate by saying, Aye.
Council Members: Aye.
Page 131 August 10, 2021
Mayor Burk: Opposed? 6-0-1. Nay everybody. All right, that takes us to our public hearing. Let me get
through the wording of the public hearing. Here it is. All right the next item on the agenda is a
continuation of the public hearing for an Ordinance Granting One or More Non -Exclusive Small -Cell
Communication Facility Franchises. We've been doing this for a long time, haven't we? On May 1391,
2021, and May 20th, 2021, the Town duly advertised a proposed franchise ordinance and invited bids
as required by law. Town Council conducted a public bid opening and a public hearing at its business
meeting on May 25th, 2021 as required by law. Two bids were received, publicly opened and publicly
announced.
The public hearing was held open and the bids were referred to the Town Manager for review by staff.
In addition to the process and the notice required by law, the Town Council adopted initiating ordinance
on April 27th, 2021, to provide clarity regarding the process for solicitation and receive bids. Out of an
abundance of caution, the Town re -advertised the public hearing on that initiating ordinance and re -
adoption of that ordinance is on the agenda for this evening.
At this time, I will convene the public hearing of the Leesburg Town Council. Unless there's an objection
I will dispense with the reading of the advertisements. If you wish to speak, we ask that you sign up on
the sheet in the hallway outside of the Council Chambers. If you did not get the opportunity to sign in,
we will give you the opportunity to speak. In all cases, please identify yourself and if comfortable give
your address for the taped recording. Also, please spell your name.
In the interest of fairness, we ask that you observe the five-minute time limit. The green light in front of
you will turn yellow at the end of four minutes indicating 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. 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 a group, if any speaker is
representing a group, the Council will allow a spokesperson for the group a few extra minutes. In that
instance, we would ask speakers when they sign up to indicate their status as spokesperson, the group
they represent in the request for additional time. Our public procedure for the hearing is as follows. First,
there'll be a brief presentation by staff about the item before us. Second members of the public who
have signed up to speak will be called and given five minutes to make their comments.
The public hearing on the agenda item tonight is an Ordinance Granting a Non -Exclusive
Telecommunications Facility Franchise under Certain Conditions, Permitting the Grantee to Use the
Public Right -of -Ways and the Town of Leesburg for the Design, Construction, Installation, Maintenance,
Repair, Upgrade, Removal, and Operation of Specific Small Cell Facilities and Related Infrastructure.
At this public hearing, we will also provide an additional opportunity to be heard on ordinance number
2021-0-010 which is proposed for the re -adoption of this evening and is titled An Ordinance Initiating
and Establishing a Process of Soliciting Proposals and Granting Non -Exclusive Telecommunications
Facility Franchise. That was a lot.
Christine Newton: That was a lot. You did an admirable job getting through that very quickly. I will also
try to move quickly through the first couple slides that we have here that are information that you all
have seen before on why staff is recommending this course of action and what we have done so far,
and so that we can get to the key terms of the proposed ordinances. Why are we looking at a franchise
agreement? Every telecommunications provider needs the Town's consent to place their facilities within
the public Right-of-way. That consent has to take the form of either a license agreement or a franchise
agreement.
Over the past few years, the volume of requests has been increasing and it gets a little bit cumbersome
to use a five-year license agreement for so many applications. A franchise agreement also helps us
with the processing time, since many of these applications have a short time span in which we must act
on them. As you all know, the Town cannot impose any special exception requirement and we have a
limited ability to deny applications for installation of small cell facilities.
Page 141 August 10, 2021
We are looking for the most efficient way to process these applications. Some of the advantages that
we would get from the use of a franchise agreement instead of a short-term license agreement. The
longer -term allows us to gather all the requirements into one document that includes insurance bonding,
and it allows us to know at what time does the authorization to use the right of way expire for all the
facilities for a particular provider rather than having some seven modes on one date and 20 on another
and having someone have to track that. It streamlines the application process for these individual modes
and eliminates the need for you all to approve every individual application and it helps facilitate our
compliance with applicable time periods that are mandated by law. So far, you've adopted the initiating
ordinance. We did that, in order to make sure the process was clear particularly since during COVID
we used a Webex opening process for the bids.
We have published notice for our initial ordinance and bid opening, which occurred on May 25th. At that
time, you all referred the bids that we received to the Town Manager's office for evaluation. We received
bids from the AT&T affiliate, New Cingular Wireless and from the Verizon Wireless Affiliate, Cellco
Partnership. The Town Attorney's office worked with our outside counsel, Matt Ames, from Hubacher
Ames & Taylor, who is on the line tonight in case you all have questions, he can help to answer these.
We worked with him to prepare an appropriate franchise agreement and that form of agreement was
the required bid form for the providers.
Here are some of the key terms. All of the facilities that they have installed, including those that they've
installed under previous license agreements, will now become subject to a franchise agreement once
we enter into that franchise agreement with that provider. It will be authorized to deploy approved
equipment throughout the Town rights -of -way without further Council authorization but they need to
continue to obtain their zoning and right-of-way permits and to pay applicable permitting fees for each
installation. The franchise term is going to be an initial term of 10 years, with three automatic renewals
of 5 years each, so that will be terminable by the provider.
The reason for that timeframe is because under the State Code section relating to construction of
wireless support structures, that is the required term. This will govern all types of pole -mounted small
cell facilities within the right-of-way, that includes co -located with other utilities like electric, replacement
poles or new stand-alone poles. This will impose installation and maintenance requirements, provide
that they remove the facilities where that's required to protect public health safety or welfare. It has
terms that minimize the risk to the Town through indemnification, insurance requirements and bonding
requirements.
The franchisees are going to have to comply with all generally applicable Town regulations, all
applicable legal requirements and safety codes. If it becomes necessary over the term of the
agreement, to change certain Town requirements, we are able to do that. The new requirements will
apply prospectively to new facilities that are installed after the requirement is imposed. We're
recommending that we receive any additional public comment, including comment on the initiating
ordinance, that you close the public hearing and we then readopt the initiating ordinance and enact the
two proposed franchise ordinances. Their titles are listed here. After the questions, I have some
proposed motion language for you all. Any questions that either I or our telecommunications counsel
can answer for you?
Mayor Burk: All right. Is there any questions at this point? Ms. Fox?
Council Member Fox: I do. Thanks. We had small cell installation early on in my term probably six,
seven years ago and we were able to see what this might look like. I'm just wondering is there anything
that we can approve as far as equipment or are they just going to come and say, "This is our equipment.
This is how we're going to do it." What kind of control do we have over this because it doesn't sound
like much?
Christine Newton: In the franchise agreement, and I will let Mr. Ames add to this if he would like to but
in the franchise agreement, what we have is a set of designs for the small cell equipment. If the provider
wishes to install facilities that meet one of those designs that we have already reviewed to see if they
comply with the State Code requirements and the definition of small cell facilities, they will be able to
Page 151 August 10, 2021
put in an application that will be reviewed in a streamlined fashion for that purpose, but if the design is
different from those approved designs, then we're going to have to get an individual review of that
application. You are correct that the State Code and even some additional Federal law and regulation
do limit what we can do in terms of, can we say no. It's very hard to say no. The reasons you might be
able to say no, are safety -related usually, or potentially, in the Historic District, you would have more
leeway to --
1
Council Member Fox: I'm sorry, go ahead.
Christine Newton: I'm sorry, have I answered your --
Council Member Fox: Yes. You say most of these small cells are on telephone poles? Because I've
been noticing some telephone poles. Is there any other structure that these go on?
Christine Newton: Up until now, the ones that you've approved under license agreements have all
been co -located on facilities that belong to another utility, most of them are Dominion.
Council Member Fox: The poles, electric-- Okay. Eileen, would you bring up those three pictures for
me? Would you just tell me what I'm looking at here, because this is what I see, and this is what I think
of when I say, "Okay, here that we have to do something." I'm just not sure what I'm looking at here, so
I wanted to make sure this doesn't happen all throughout Town. That was the first one and this is close
to the ground where anybody can touch this or heaven forbid, get tangled up in it somehow. I want to
know what I'm looking at because I wasn't sure what I was looking at. Is that a small cell example?
Christine Newton: Okay, I don't, I'm not the person to say what are we looking at. That looks to me
like it's something that's in process. That is not a small cell deployment.
Council Member Fox: Okay.
Keith Markel: This is Verizon and Comcast, and they are notorious for doing this kind of work and you'll
see it all over Town.
Council Member Fox: I walk past it every day.
Keith Markel: Yes, but this is not small cell. Small cells are self-contained and branding which is -
Council Member Fox: And up higher.
Keith Markel: -and up higher. I don't know.
Christine Newton: In your agenda packets tonight, you would have the proposed franchise
agreements, and you'll see on exhibit A for each of those, there is a deck of designs that will show you
what some examples of the different small cell deployments look like. In general, you are going to see
some hardware at the top of the pole, and if you see something at the base of the pole that is going to
be in an enclosure.
Council Member Fox: Okay. Well, that's a good thing, and I'd like to see that but Keith, that's
bothersome, and I didn't know what I was looking at, so when this came up, I wanted to make sure
that's not going to happen with this.
Christine Newton: Right.
Council Member Fox: Okay. It just didn't seem like we had much control over this whatsoever and I
donut want that to happen all throughout the Town. That's it.
Matt Ames: Tina, this is Matt Ames. I don't know if the Council Member can hear me.
Page 161 August 10, 2021
Christine Newton: We can hear you.
Matt Ames: Okay, great. Well, I'm glad it works. No, I just wanted to say I was able to see the photo
that was showing up, that was shown and that is pretty outrageous. Anything like that, under these
agreements, any installation like that, I'm quite confident it would violate an applicable Code. Under
these agreements, the companies are required to comply with the Code, so that the Town would have
not'just whatever authority or other authority the Town would have to remedy a Code violation, but
they'd be in violation of the agreements as well. It's just an added benefit.
Mayor Burk: Okay. Thank you. Mr. Martinez?
Vice Mayor Martinez: I ended up not having any questions after all, but I did want to make a comment.
I was here when the State Legislature passed that legislation that really limited the Towns to negotiate
franchises with Verizon and Comcast, and we've been struggling ever since to do the right thing with
them, for them to do the right thing with us. Anytime, we have to deal with them it's frustrating. Anyway,
thank you, Christine.
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: Thanks, Christine. Well, since it was brought up, is there no way we can
work with Comcast and Verizon to have them tidy up those types of installations out of curiosity?
Keith Markel: We reach out to them, and you can imagine sort of the response, if you've ever used
their own system to call in and complain with your personal service, that's kind of the runaround we get
as well. We do specifically reach out on cases where we have homeowners when you have service that
they never come back to bury the line, or they are coming into a new development, and they leave wire
all over the place.
We've had some success just by building personal relationships with local regional representatives to
come out and clean things out. Wholesale going in and cleaning up the poles, in general, has been a
very challenging effort on the part of Public Works team here. Not to say that we don't try, and certainly,
that's the direction we will continue to move. Now we'll say that our Council is seeing this and talked
with legal staff to see if there's anything in the franchise agreement that does give us any more leverage
to try to get that cleaned up.
Christine Newton: Just to throw in, what we're talking about there is the cable franchise agreement.
Council Member Steinberg: I understand, it's an entirely separate issue here. Back to this one, and I
don't know if you answered this or the gentleman on the phone, the cabinets that actually will sit every
so often at the base of the poles, because they're not just a one-time thing, they do wind up at one end
to the other oftentimes have a run of these things. What's the footprint of that cabinet that contains all
of the equipment that drives these systems? Out of curiosity.
Christine Newton: There is a cubic foot limit on that.
Council Member Steinberg: How many?
Christine Newton: Sorry, Matt?
Matt Ames: 28.
Christine Newton: 28.
Council Member Steinberg: Cubic feet?
Christine Newton: Yes.
Page 171 August 10, 2021
Council Member Steinberg: All right. Now, out of curiosity, do we know why T -Mobile didn't apply?
They're certainly one of the major players in this world? We don't know.
Matt Ames: I don't think we know for certain, but I think I can say that, I think there are a couple of
things going on. One is that they're busy digesting their merger with Sprint, that's one factor. The other
factor is that they are primarily working through a contractor or multiple contractors, Crown Castle, and
other companies that do not provide wireless servers themselves but acquire sites.
I can say that in other places in Northern Virginia, those kinds of infrastructure providers are active on
behalf of T -Mobile, but they seem at least in this area, to be six or nine months behind the two major
carriers. I expect they'll show up at some point.
Council Member Steinberg: Well, that was my next question. At some future date, can they or any
other entity come back and expect us to enter into an agreement like this with them? It doesn't have to
happen simultaneously with the other two, I presume?
Matt Ames: Correct. They could have if they wanted to, at this point, but obviously they didn't. I think,
the Town would be in a position to say, "Well, this is non-discriminatory. This is what we've done with
everybody else and this is our policy." From what I've seen elsewhere, they would probably be willing
to go along with that.
Council Member Steinberg: The final question, you have two entities, two different systems. Are they
sharing facilities in some way or does each entity have their own?
Matt Ames: No, they're entirely independent.
Council Member Steinberg: In any given situation, we could wind up with what, double equipment
running?
Matt Ames: Unfortunately, yes, that's what the FCC and the General Assembly had done.
Council Member Steinberg: I see. Okay, thank you.
Mayor Burk: Anyone else? Anybody in the audience? Nobody has signed up to speak. Is there anybody
in the audience that would like to speak at this point? Seeing no one, I will close the public hearing. Is
there a motion at this time?
Vice Mayor Martinez: Madam Mayor, I would like to move to readopt ordinance number 2021-0-010.
Initiating and Establishing a Process for Soliciting Proposals and Granting Non-exclusive
Telecommunications Facility Franchise for the purpose of ratifying that ordinance following additional
publication and an opportunity for the public to be heard.
Mayor Burk: Is there a second?
Council member Cummings: Second.
Mayor Burk: Council Member Cummings, second. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? That's 6-0-1?
Vice Mayor Martinez: Madam Mayor, I move to enact that each of the two proposed ordinances in the
form attached to the August 10th, 2021 staff report to Grant Non -Exclusive Telecommunications Facility
Franchises to Cellco Partnership and to the New Cingular Wireless.
Page 181 August 10, 2021
Mayor Burk: Is there a second?
Vice Mayor Martinez: Thank you, Kari.
[laughter]
Mayor Burk: Ms. Nacy seconded. All in favor in favor indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? That's 7-0-1.
Chris Spera: 6-0-1.
Mayor Burk: 6-0-1, I knew that.
Christopher Spera: Madam Mayor, if I might just, I'd like to take a minute just to thank Ms. Newton
and Mr. Ames. This is incredibly complex stuff. Matt Ames is the Dean of this in Northern Virginia. He
works with all the jurisdictions. His assistance here has been invaluable, but we could not have pulled
this off without the hard work of Ms. Newton. This was very complex, very esoteric stuff. I'm very proud
of her work and where we were able to pull together to get this done.
Mayor Burk: All right. Thank you. We'll all say dido. Thank you. Council Member disclosure and
comments. Ms. Nacy.
Council Member Nacy: I do not have any disclosures or comments. Thank you.
Mayor Burk: Agenda or topics.
Council Member Nacy: No.
Mayor Burk: Ms. Fox, Mr. Steinberg.
Council Member Steinberg: I have nothing. Thank you.
Mayor Burk: Mr. Cummings.
Council Member Cummings: I don't have disclosers just a few comments. I wanted to take a moment
and thank Mr. Rich Williams and his staff at the Parks and Rec. I was over at AV Symington this week
with my family and had a great time. The staff are all really well. My son also spent a couple of weeks
at Ida Lee summer camp and he has nothing but positive things to say, he had such a great time. Thank
you to all those staff that helped put that together and make that happen. I know parents really
appreciate having somewhere safe to take their children during the summer.
Additionally, since we won't be in session again until after school starts, good luck to everybody with
children starting the new school year, knock on wood that it's still in person. Then I do have one item
for a future meeting. I'd like for Council to discuss business signage in the Town of Leesburg, specifically
for commercial buildings outside of the Historic District, as well as signage within the Crescent Design
District.
Mayor Burk: Are there four people that would support bringing that forward for a discussion? All right,
everyone but me. That will go forward. Mr. Martinez.
Vice Mayor Martinez: Well, one, I want to thank you, Keith and Greg Brown, and our Police Officers
who prevented a potential contentious meeting last night and turning into a pretty well -ordered one and
done well. I appreciate all the efforts from everybody involved and I thank you for that. Not only that, I
Page 191 August 10, 2021
called Rich Williams about this and one of the things, I go to Ida Lee on a regular basis and I'm always
noticing the staff around there is phenomenal.
I saw CJ on one of their carts picking up trash and stuff, and this kid is always energetic and moving
and very respectful. CJ is just one example of the staff of Ida Lee and how they have that facility so
clean and so on top of stuff. I just wanted to recognize CJ and the Parks and Rec Department for their
well-done work.
Keith Markel: Thank you very much. We'll pass that along.
Vice Mayor Martinez: Well, I stopped CJ and thanked him. I called Rich and now I'm making it public
to know that CJ is an example of some of the people we got at Ida Lee that are phenomenal and Rich
is very lucky to have --No Rich isn't lucky. He does a good job of managing his staff and stuff and so
does Kate. Thank you very much. That's all I got.
Mayor Burk: All right. I have a disclaimer. I met with Mr. Rich McLellan of Meadowbrook about his
expansion to that facility. That was on August 6th. I want to thank the Police Department for the great
job they did creating a Police Camp for the Young Kings Movement. These are at risk young men and
what they did really made a significant difference in these guys' lives. A number of the kids told me it
made them think a little differently than they had when they started the camp. I want to thank the Police
Department for being willing to do that. We did a ribbon cutting to welcome the Dance Academy of
Loudoun. Mr. Cummings joined me there. It was a beautiful new facility, and it's over off of Sycolin
Road. That same day on August 3rd I attended the National Agricultural Aviation Associations' 100 -
year celebration at ProJet, and that was very interesting.
Delta Airlines came from being an agricultural aviation business and they were all very excited and very
interested in aviation in general, but especially agricultural aviation and forest management. That night,
of course, again, the Police put together a National Night Out and did a phenomenal job, it was very
well attended, everybody had great deal of fun. I saw Supervisor Umstattd giving out food and a number
of us were there, attended it.
It was very well received, and again thanks for the great outreach that our Police Department does. On
August 4th, I met with Supervisor Umstattd, we are going to work on a Town Hall symposium kind of
thing for September 20th at the Government Center on homelessness. The issue has come up
repeatedly and we want the community to understand what we can and cannot do, so we have some
great speakers coming and it will be very informative.
On July 301h, I attended the Loudoun County Animal Control Shelter, the animal shelter. What a beautiful
facility and you want to talk about a green facility, almost everything about it is green, and Loudoun's
commitment to making their buildings environmentally appropriate is really a great commitment, and I
wish that we would consider doing that also. Then I just want to wish everybody the best school year
possible.
I'm hoping everybody will end up being in person and I have to say that it's been wonderful to do the,
Meet the Mayor Things at the Dunkin Donuts and at a couple other coffee shops, and the one thing I
noticed is that the kids have no issue with putting on masks. They just automatically do it, so I'm hoping
that this will mean great things for the school year. Town Manager for the day? No,
Keith Markel: No, I didn't [unintelligible] I didn't want to overstep.
Mayor Burk: No, she didn't have anything she wanted to say.
Keith Markel: I'm sorry. I just want to make-- Okay, thank you. Thank you, and just want to wish
everybody a happy August recess. Remember we do have one more piece of business. Monday night
is a joint session with the Planning Commission and hope to see you all out at Taste on Saturday.
Mayor Burk: All right. Yes, that's right. The Taste is on the Saturday.
Page 201 August 10, 2021
Keith Markel: That's right. Thank you very much.
Mayor Burk: All right. Do I have a motion to adjourn?
Council Member Steinberg: So moved.
Mayior Burk: Second?
Council Member Nacy: Second
Mayor Burk: All in favor?
Council Members: Aye.
Mayor Burk: Opposed? We're done.
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