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HomeMy Public PortalAbout2021_tcmin0810COUNCIL MEETING August 10, 2021 1 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) 1 ! Page 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 2 I Page COUNCIL MEETING August 10, 2021 1 1 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 3 1 Page COUNCIL MEETING August 10, 2021 1 1 j• 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) 41 Page 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) 51 Page 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. 61 Page 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 1 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. 7 I Page 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. 81 Page 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 1 9 1 Page 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. Page 11 August 10, 2021 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. Page 21 August 10, 2021 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. Page 31 August 10, 2021 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. Page 211 August 10, 2021