The Town of GLEN ECHO Chartered 1904 owphallaptenecho.org  Town Hall e 6106 Harvard Avenue . Glen Echo . Maryland 20812 e (301)320-4041  January 14, 2019 Town Council Meeting Minutes  1. CALLTO ORDER: MAYOR POLAK. 8:01 PM  Present: Mayor, Willem Polak, Councilmembers, Dia Costello, Nancy Long, Dan Spealman and Matt Stiglitz. Town Manager Nicole Ventura, Town Attorney, Ron Bolt, Guest, Jean Sperling Residents Present: Renny & Edie Springuel (Vassar Circle), Aaron Hirsch (University Ave.), Tim Bragan (Vassar), Pete Epanchin (Wellesley), John & Peggy Lynch (Vassar), Susan Grigsby (University), Blair  Anderson (Harvard), and Emily Parsons (ECHO).  2. APPROVAL OF DECEMBER 10, 2018 COUNCIL MEETING MINUTES:  Minutes were approved with minor corrections.  Motion: CM Costello, 2nd CM Spealman - CM Long abstained since she was not present at the  meeting Approved 3-0.  3. FINANCIAL REPORT FOR THE MONTH OF DECEMBER:  The financial report for the month ofDecember was presented by TM Ventura. There were: no objections to the financial report as presented. CM Costello asked that in the future ift there isa major payment to a vendor that an explanation is made on the Vendors Report. This would  explain the large payment tol Hughes Landscaping - Leaf Removal. Adjustment to the 20191 budget will be presented next month.  No objection was made by Council.  4. MANAGER'S REPORT:  At the request of Mayor Polak, Jim Witmer, PE, the Town Engineer, conducted an evaluation of Town streets to determine if preventative street crack sealing was necessary. Mr. Witmer reported that the streets do not need such treatment at this time The streets will be re-evaluated in The Town is in the process of getting bids for the landscaping at Town Hall and the Town's An RFP for Audit Services for the Town of Glen Echo is being developed for 2019 Audit  the fall of2019 to determine ifsuch services are needed.  right-of-way. Bids will be reviewed at the February council meeting.  proposals and possibly several years out.    5. PERMIT UPDATES AND NOTICES REPORT  BUILDING PERMITS  Vassar Circle Construction - Preconstruction meeting was set for Thursday, January 24th, 2019. Meeting will be open to all residents. Builder will have his team present, the Town will have Joe Toomey, PE, Town Building Engineer and Wayne C. Fowler, Town Code 7315 University Avenue: Permit was issued to convert the addition back to covered rear porch and kitchen is being moved back into the original foot print oft the house. 6006 Cornell Avenue: (this was 31 Wellesley) Permit was issued to construct a new home  Enforcement Officer present.  on the lot.  TREE REMOVAL NOTICE located in the rear yard.  6001 Bryn Mawr: Notice from resident was provided for the removal ofal Box Elder  6. TOWN RESOLUTION 18-11 - BUILDING PERMIT FEES  Recent concerns about Construction Oversight and Management have led to Council to discuss employing a Building Engineer and Code Enforcement Manager for the Town to more closely oversee local construction projects, utility work and improvements to the Town infrastructure. The conversation focused on whether the cost of such professional services should be borne by the general taxpayer or if the cost of building permits should be increased to help subsidize the cost of such professional services. The result ofthe discussion was that the Building Permit fees should be increased to help offset the sole use oft tax dollars, and the Council would keep a close watch on the cost oft the building oversight. The Council agreed to adjust the budget by allocating $10,000 for the construction oversight. The Council will re-evaluate the new building fees in June. A copy oft the Resolution is attached to the minutes. Motion to approve TOWN RESOLUTION 18-11 - BUILDING PERMIT FEES was made by CM Stiglitz, 2nd by CM Costello - Motion passed 3-1 - CM Spealman Opposed the motion.  7. INTRODUCTION OF ORDINANCE 19-1 - ADDING NEW CHAPTER 25TO THE CODE OF ORDINANCE TO ADOPT REQUIREMENT CONCERNINGTHE INSTALLATIONS AND OPERATONS OF SMALL WIRELESS TELECOMMUNICATIONS FACILITIES IN THE Town Attorney Ron Bolt explained that 5G technology is expected to be added to the wireless capabilities within the coming years throughout the country including the municipalities, the County and the State of] Maryland. A recently adopted FCC Order on small cell regulation went into effect on January 14, 2019, giving local governments 180 days, or until April 15, 2019, to adopt local aesthetic standards. Per the FCC Order, any such standards must be "(1) reasonable, (2) no more burdensome than those applied to other types ofinfrastructure deployments, and (3) objective and  PUBLIC RIGHT-OF-WAY.    published in advance." In order toj provide the Town some, say in the installation, location, permitting, fees and the like the Town needs to have an ordinance in place by this date related to this A motion was made by CM Stiglitz and 2nd by CM Costello to introduce the Ordinance 19-1 ADDING NEW CHAPTER 25TOTHE CODE OF ORDINANCE TO ADOPT REQUIREMENT CONCERNING THE INSTALLATIONS AND OPERATONS OF SMALL WIRELESS EIECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OP-WAY-The motion was  matter. Ordinance 19-1 is intended to achieve this purpose.  passed 4-0  8. - CONTRACTTOINSTALL WEATHERVANE  The Town obtained 3 bids to install the new weathervane on town hall. After review of the bids the council agreed that the bid received by Katchmark was the most favorable, at a cost of $1,800. The council asked that Katchmark provide a detailed contract including description of the work and warranty that would be provided to the Town. Installation will be coordinated with  the Post Office to assure there is no conflict with the use oft the parking lot. Motion to approve the contract was tabled till the February meeting  9. OTHER BUSINESS  Town communication improvements: This item was tabled until next month. TM Ventura will reach out to the Down County Municipalities to see what communications tools they use to  communicate with their residents.  10. ADJOURNMENT:  Motion to adjourn: CM Stiglitz, 2nd CM Costello; All in favor. Meeting Adjourned 10:55 pm  Minutes Prepared by: Nicole Ventura, Town Manager  0520 Mayor, Willem Polak  Approved by:  Da2)u/2    Resolution No.: 18-11 Introduced: 1/14/2019 Adopted: 1/14/2019 Effective Date: 1/14/2019  THE TOWN OF GLEN ECHO  SUBJECT: A RESOLUTION TO AMEND THE PERMIT FEE AND  BOND SCHEDULE  WHEREAS, the Town of Glen Echo Code, Section 3.1.B.7, Section 3.1.G. and Section 17.2.B provide that the fees for building permits and bonds will be in such amounts as may be  established from time to time by resolution oft the Town Council; and  WHEREAS, the Town Council finds that the permit fees charged by the Town should be increased tol better offs set the expense to the Town to review building permit appliteatiomsamdreview:  projects for compliance; and  WHEREAS, the Town Council finds that based uponareview: ofthe fees charged by nearby jurisdictions and upon recommendations from staff, the foregoing amendments would promote the  good government of the Town; and 2018; and the 14" day of. January, 2019. NOW.THEREFORE. BEIT:  WHEREAS, this Resolution was considered in open session on the 10th day ofDecember.,  RESOLVEDI that the permit fees and bond amounts provided ont the: attached RESOLVED, that this Resolution shall be effective. immediately upon adoption and shall be filed by the Clerk-Treasurer and kept available for  schedule be and are hereby adopted; and  public inspection.  Attest:  Ihereby attest that the above Resolution was duly adopted by the Town Council on the 14h  day of. January, 2019 by a vote of3 in favorand 1 in opposition.  Ouicle Llsn  Clerk-Treasurer    TownofGlen Echo Schedule ofPermit Fees (Article. 3, Building Code)  PERMIT  FEE $2,500.00 $1,000.00 500.00 100.00 $ 100.00 $ 75.00 $ 50.00 $ 0.00 $ 100.00  Building permit (Art. 3) (a) New home construction  (b) Addition or accessory structure (more than 400 s.f.) (c) Addition or accessory structure (201 to 400 s.f.) (d) Addition or accessory structure (up to 200 s.f.)  (e) Porch or deck () Stoop or steps (g) Fence or wall  Demolition permit (Art. 3) Street and sidewalk (Art. 17)  New home construction includes aj project that involves replacement ora alteration tothree  or more exterior walls.  BOND  AMOUNT $3,000.00  Right-of-way restoration    Town of Glen Echo  Ordinance to Regulate Small Wireless Teleommunications Facilities in the Rights-of-Way  Ordinance No.: 19-01 Introduced: January 14, 2019 Adopted: Effective Date:  AN ORDINANCE TO ADD A NEW CHAPTER 25 TO THE CODE OF ORDINANCES TO ADOPT REQUIREMENTS CONCERNING THE INSTALLATION AND OPERATION OF SMALL WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC  RIGHTS-OF-WAY.  WHEREAS, Maryland Code, Local Government Article, Section 5-202, as amended, grants to the legislative body of every incorporated municipality in Maryland general power to pass such ordinances not contrary to the Constitution of Maryland, or the public general law, as deemed necessary in order to assure the good government of the municipality, to protect and preserve the municipality's rights, property, and privileges, to preserve peace and good order, to secure persons and property from danger and destruction, and to protect the health, comfort and  convenience oft the citizens oft the municipality;  WHEREAS, United States Code, Title 47, Section 332, provides that a local government may exercise control regarding the placement, construction, and modification of personal wireless service facilities, provided the local government does not unreasonably discriminate among providers of functionally equivalent services; and does not prohibit the provision of  personal wireless services;  WHEREAS, United States Code, Title 47, Section 332, provides that a local government shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope ofs such request; and any decision by al local government to deny a request to place, construct, or modify personal wireless service facilities shall bei in writing and supported by substantial evidence contained in a written record; WHEREAS, United States Code, Title 47, Section 1455, provides that a local government may deny a facility request for a modification of an existing wireless tower or base station ifit substantially changes the physical dimensions of such tower or base station, including requests for the collocation, removal, or replacement of transmission equipment;  WHEREAS, the Town of Glen Echo holds and maintains the streets and highways within its municipal boundaries in trust for the benefit, use, and convenience of the general  public;    WHEREAS, Sections 413 and 415 oft the Charter oft the Town of Glen Echo authorize the Town Council to pass ordinances not contrary to the Constitution and laws of the State of  Maryland or the Charter of the Town of Glen Echo (the "Town"); Ordinance in an open meeting conducted on the 14th day ofJanuary, 2019;  WHEREAS, after proper notice to the public, the Town Council introduced the following WHEREAS, upon consideration of the testimony and evidence presented at the public hearing, the Town Council finds that the ordinance as hereinafter set forth is necessary in order to assure the good government of the municipality, to protect and preserve the municipality's rights, property, and privileges, to preserve peace and good order, to secure persons and property from danger and destruction, and to protect the health, comfort and convenience of the citizens  ofthe Town, and otherwise advantageous and beneficial to the Town.  NOW, THEREFORE, BE IT ORDAINED AND ORDERED, this  day of  2019, by the Town Council, acting under and by virtue oft the authority given it by the  Maryland Code and the Town of Glen Echo Charter, the Town Council does hereby adopt the  foregoing Ordinance and amend the Town Code as follows:  Chapter 25  Small Wireless Teleommunications Facilities  Sec. 25.1 Intent and Purpose.  Itis the intent of the Town Council to promote the Town's public health, safety,and general welfare by providing regulatory requirements for the installation and maintenance ofs small wireless telecommunications facilities in the public rights-of-way. The purpose of this Chapter is to regulate the same to enhance vehicular and pedestrian safety and avoid interference with motorist and pedestrian sightlines: to minimize damage to trees: to reduce visual clutter and prevent unsightly or out-of-character deployments: to preserve the value of property and the character of the neighborhood: and to otherwise protect the health, safety, and general welfare of the town and its residents, and the public at large.  Sec. 25.2 Definitions.  "Base Station" means a structure or equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term does "Collocate" means to install or mount a Small Wireless Facility in the public right-of-way on an existing Support Structure, an existing Tower, or on an existing Pole to which a  not include a Tower or any equipment associated with a Tower.  2    Small Wireless Facility is attached at the time of the application. "Collocation" has a "Communications Facility" means, collectively, the equipment at a fixed location or locations within the public right-of-way that enables communications services, including: () radio transceivers, antennas, coaxial, fiber-optic or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and (ii) all other equipment associated with any of the foregoing. The term does not include the Pole, Tower, or Support Structure to which the equipment is attached. "Pole" means a legally constructed pole, such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal or other material, located or to be located within a public "Small Wireless Facility" means a Wireless Facility that meets all of the following (1). The structure on which antenna facilities are mounted (i) is fifty (50) feet or less in height, including existing antennas, or (ii) is no more than ten (10) percent taller than other adjacent structures, or (iii) is not extended to a height of more than fifty (50) feet or by more than ten (10) percent above its preexisting height, whichever is (2) Each antenna associated with the deployment, excluding the associated equipment, (3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume; and (4) The facility does not require antenna structure registration under Federal law:and (5) The facility does not result in human exposure to radiofrequency radiation in excess "Support Structure" means a structure in a public right-of-way other than a Pole or a Tower to which a Wireless Facility is attached at the time of the Application. "Tower" means any structure in a public right-of-way, within or outside the boundaries of the Town, built for the sole or primary purpose of supporting a Wireless Facility. A Tower "Wireless Facility" means the equipment at a fixed location or locations in the public right- of-way that enables wireless telecommunications services. A Small Wireless Facility isa type of a Wireless Facility. The term does not include the Pole, Tower, or Support Structure on, under, or within which the equipment is located or collocated, or the coaxial, fiber-optic, or other cabling between Communications Facilities or Poles, or that is otherwise not immediately adjacent to or directly associated with a particular antenna. "Wireless Service Provider" means a person who provides wireless services.  corresponding meaning.  right-of-way. The term does not include a Tower or Support Structure.  conditions:  greater; and  is no more than three (3) cubic feet in volume; and  ofapplicable safety standards under Federal law.  does not include a Pole or a Support Structure.  3    "Wireless Services" means any wireless services using licensed or unlicensed spectrum,  whether at a fixed location or mobile, provided to the public. Sec. 25.3. Permit and Access Agreement Required.  (a)! No person shall construct, install, maintain, or perform any work in the public right-of-way related to a Communications Facility or any Tower, without first receiving a Permit and paying any applicable fee, as required under this Title.No permit shall be issued until the applicant has entered into a Right-of-Way Access Agreement in a form approved by the Town, according to this Title. A permit shall not be required for ordinary maintenance and repair, as determined by the Town. (b). The Right-of-Way Access Agreement shall set forth, at a minimum, the following: (a) the maximum term of the agreement and the bases for termination; (b) the scope of the authority; (c) the operator's maintenance obligations; (d) the operator's indemnification and insurance requirements: (e) emergency contacts and required response to emergencies related to facilities; and (D) the Town's right to access and  inspect the operator's books and records. Sec. 25.4. Permit Application Requirements.  (a) An application for a permit under this Title must contain or be submitted with the (1) The applicant's name, address, telephone number, and e-mail address, (2) The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the Applicant with respect to the filing (3) A description of the proposed work and the purposes and intent of the proposed facility sufficient to demonstrate compliance with the provisions of (4) Ifapplicable, a copy of the authorization for use of the property from the Pole, Tower, or Support Structure owner on or in which the Communications (5) Detailed construction drawings regarding the proposed facility; (6) As structural report performed by a duly licensed engineer evidencing that the Pole, Tower or Support Structure can adequately support the Collocation (or that the Pole, Tower, or Support Structure will be modified to meet structural (7). Ac certification by a radiofrequency engineer that the Communications Facility will comply with the radiofrequency radiation emission standards adopted by (8) The applicable application fee, bond, Right-of-Way Access Agreement, and right-of-way access fee, as may be adopted and amended by resolution oft the  following:  including emergency contact information for the Applicant;  of the Application; this Title;  Facility will be placed or attached;  requirements) in accordance with applicable code; the Federal Communications Commission; and  Town Council.  4    (b) The Town may require the posting of a bond to guarantee the prompt and proper restoration of the public right-of-way. The bond may be in such amount as the Town Manager deems necessary, in the Town Manager's discretion. (C) In exchange for the privilege of non-exclusive use of the public right-of-way, the applicant shall pay the Town such access fee as may be established and amended by (d) Any permit issued under this Title shall be valid for a period of twelve (12) months after issuance, and may be extended by the Town Manager for up to an additional twelve (12) months upon written request of the applicant, prior to permit expiration, ifthe failure to complete construction is as a result of circumstances beyond the (e). No work may be performed except in strict accordance with applicable law and the (f) No permit shall be issued except to a wireless service provider with immediate plans for use of the subject Communications Facility. A permit issued under this Title  the Town by resolution from time to time.  reasonable control of the applicant.  Town permit and all approved plans and specifications.  may not be assigned or transferred.  Sec. 25.5. Standards for Deployment in the Public Right-of-Way.  (a) No Interference with Right-of-Way. No person shall locate or maintain a Communications Facility, Pole, Support Structure, or any Tower, sO as to interfere with the use of the public right-of-way by the Town, the general public, or other persons authorized to use or be present in or upon the public right-of-way, or otherwise hinder the ability of the Town to improve, modify, relocate, abandon or vacate a public right-of-way or any portion thereof. Unless otherwise approved by the Town, any Communications Facility must be located no closer than: (i) two (2) feet from any curb, sidewalk, or other improvement within the right-of-way; and (ii) five (5) feet from any driveway apron, and be otherwise located to avoid (b) Compliance with Design Standards: Unsightly or Out-of-Character Deployments. Unless otherwise approved by the Town in order to prevent an effective prohibition of service, in violation of applicable law, no person shall locate or maintain a Communications Facility, Pole, or any Tower except in accordance with the 1. AII Communications Facilities shall be located and designed sO as to minimize visual impact on surrounding properties and from public rights-of-way, and sO as to not interfere with motorist and pedestrian sightlines, especially at intersections.  interference with pedestrian and motorist sightlines and use.  following design standards:  5    2. All radio transceivers. antennas, power supply (including backup battery), and comparable equipment installed on a Tower, Pole, or other Support Structure shall bei installed at a height of at least fifteen (15) feet above ground level. 3. NoT Tower may be located closer than one thousand (1,000) feet of another Tower. 4. No more than five (5) antennas may be located on any single Tower, Pole, or 5. All coaxial, fiber-optic, or other cabling and wires shall be contained inside the Tower, Pole, or other Support Structure or shall be flush-mounted and covered with a metal, plastic or similar material matching the color of the Tower, Pole, or other 6. AlI Communications Facilities shall comply with such additional design standards as may be set forth in administrative regulations issued by the Town. (c) Protection of Trees. Unless otherwise approved by the Town in order to prevent an effective prohibition of service, in violation of applicable law, no person shall locate or maintain a Communications Facility, Pole, Support Structure, or any Tower,so  Support Structure.  Support Structure on which it is installed.  as to interfere with the health of a tree. (d) Location Underground. [Reserved).  (e) Modification of Wireless Facilities. The Town shall approve any request for a modification of an eligible existing Tower or base station that does not substantially change the physical dimensions of such Tower or base station, in accordance with (f) Restoration of Public Right-of-Way. The applicant shall restore, repair, and/or replace any portion of the public right-of-way that is damaged or disturbed by the applicant's work, to the satisfaction of the Town. Such restoration work shall be completed no later than thirty (30) days following completion of the project, or termination of the Right-of-Way Access Agreement, and shall be warranted by the applicant for a period of one (1) year to be free from defects in materials and (g) Removal, Relocation, and Abandonment. Within thirty (30) days following written notice from the Town, or such other time as the Town may require, the Town may terminate a Right-of-Way Access Agreement or require other action in connection therewith, and the owner shall, at its own cost and expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any of its Communications Facilities, Poles, Support Structures or Towers within the public right-of-way, and restore the right-of-way as required by the Town, whenever either: (i) the terms of the Right-of-Way Access Agreement have been violated: (ii) the Communications Facility has not been used for a period  Federal law.  workmanship.  6    of ninety (90) days, or has otherwise been abandoned or not maintained, or (ii) the Town has determined in its sole discretion that such action is necessary for the construction, installation, repair, or maintenance of any public improvement or otherwise necessary for the public health, safety, or welfare. Ifthe owner fails to take action as required by this section, the Town or its contractor may do so and the owner shall be responsible for all costs and expenses incurred by the Town related  tosuch work.  AND BE IT FURTHER ORDAINED AND ORDERED, by the Town Council, acting under and by virtue of the authority granted to it by the Maryland Code and the Town of Glen  Echo Charter, that:  1. Ifany part or provision of this Ordinance is declared by a court of competent jurisdiction to be invalid, the part or provision held to be invalid shall not affect the validity of  the Ordinance as a whole or any remaining part thereof; and  2. This Ordinance shall take effect twenty (20) days after adoption.  Attest:  Ihereby attest that the above Ordinance was duly adopted by the Town Council on the  day of  2019, by a vote of in favor and  inc opposition.  Clerk-Treasurer Town ofGlen Echo  Approved:  Date:  Willem Polak, Mayor  Underline indicates new material Strikethreugh indicates material deleted *** indicates material unchanged  7