The Town of GLEN ECHO Chartered 1904 owphallapenecho.org  Town Hall e 6106 Harvard Avenue e Glen Echo . Maryland 20812 . (301)320-4041  February 11, 2019 Town Council Meeting Minutes  1. CALL TO ORDER: MAYOR POLAK. 8:00 PM  Present: Mayor: Willem Polak Town Manager: Nicole Ventura Town Attorney: Ron Bolt  Councilmembers: Dia Costello, Nancy Long, Dan Spealman and Matt Stiglitz  Residents: Edie Springuel (Vassar Circle), Aaron & Angela Hirsch (University Ave.), Julia Wilson  (University Ave.), Raya Bodnarchuk (Harvard Ave) and Bill Vincent (ECHO). 2. ACTION ONJ JANUARY 14, 2019 COUNCIL MEETING MINUTES:  Minutes were approved with minor corrections.  Motion to Approve: CM Costello, 2nd CM Stiglitz. Approved 4-0.  3. ACTION ON. JANUARY 10, 2019 COUNCIL MEETING WORK SESSION MINUTES.  Motion to approve the work session minutes was tabled until the March meeting.  4. MANAGER'S REPORT:  An RFP for Audit Services for the Town ofGlen Echo is being developed for FY2 2019 Audit Bids for landscaping Town Hall, Town Right of Way (Trolley tracks and Town Park (Princeton & University Ave) were obtained and are items #10 & #11. By going out to bid the Town will be: saving a substantial amount from previous years. Currently the Town has been paying Chapel Valley $1,300 per month for Town Hall and Parks plus Lee's Tree Service was doing the Trolley tracks at a cost of$1,150 per mow. The new bid that is being recommended to the Council (Hughes Landscaping) will be costing $1,042 per month for Town Hall, Parks, and Trolley  proposals. We are working on getting the bids for a 3-year contract.  tracks. This is a savings of $1,408 per month.  5. FINANCIAL REPORT FOR THE MONTH OF JANUARY:  The financial report for the month ofJanuary was presented by TM Ventura. There were no objections to the financial report as presented. Financial report is attached to the minutes.  Motion to Approve: CM Stiglitz, 2nd CM Spealman. Approved 4-0  6. ACTION ON FY 19 BUDGET ADJUSTMENTS:  REVENUE ADJUSTMENT: Total Revenues have been increased from $338,575 to $358,575    -Municipal Real Estate Receipts (01) were increased by $20,000 based on year-to-date amount EXPENSE ADJUSTMENTS: Total Expenses have been increased from $321,000 to $347,000 -Salary Expenses (20.1) were increased $5,000 based on 301 hrs. per week from $30,000 to -Town Engineer/Building Inspector (21.9). This is a new budget category. The Council approved spending $10,000 per year in the January meeting. Since we only have 61 months remaining in the FY 19, wel have budget $6,000 (to account 61 months $5,000 plus $1,000 for  received.  $35,000.  startup meetings with Consultants.  -Snow Removal (24.3) was increased $15,000 from $10,000 to $25,000. Motion to Approve: CM Stiglitz, 2nd CM Spealman. Approved 4-0  7. PERMIT UPDATES AND NOTICES REPORT  BUILDING PERMITS  Vassar Circle Construction;  -Pepco permit request to remove and relocate two telephone poles is in the process of being -Street widening clarification received from the County per Town Attorney Ron Bolt: Vassar Circle must be widened prior to any Occupancy Permit being issued. This clarifies the question whether the street had tol be widened prior to any Building Permit being issued. Street Signage and installation around the circle will be the responsibility of the Town. 6005 Princeton Avenue: Two permits were issued: 1st_ to enclose rear porch and add a second story addition in the rear next to the existing porch. 2nd_-t to add 32 ft fence 41 feet 6110 Oberlin Avenue: Permit was issued to add sign tol lamp post in the front yard.  approved.  high in the front yard.  8. APPROVAL OF RESOLUTION 19-1 -] IN SUPPORT OF LOCAL: ZONING AUTHORITY OVER CELL SITE DEPLOYMENTS AND A CALL ON CONGRESS TO REINSTATE SUCH  AUTHORITY BY REVERSING RECENT FCC. ACTIONS  MML had requested that all the municipalities approve the resolution in support of Congresswoman Eshoo's (California) legislation, H.R. 503, to overturn the FCC'sa actions of August 2 and September 26, 2018. Copies oft this Resolution will be sent to. Representative  Jamie Raskin, and Senators Chris Van Hollen and Ben Cardin. Motion to Approve: CM Costello, 2nd CM Spealman. Approved 4-0  9. APPROVAL OF ORDINANCE 19-1 - ADD A NEW CHAPTER 25TOTHE CODE OF ORDINANCES TO. ADOPT REQUIREMENTS CONCERNING THE INSTALLATION AND OPERATON OF SMALL WIRELESS TELECOMMUNICATIONS FACILITIES IN THE  PUBLIC RIGHTS-OF-WAY.  Approval of Ordinance 19-1 -1 to add 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. Ordinance was introduced at the. January 14th Council  Meeting. The Ordinance will be effective March 3, 2019. Motion to Approve: CM Costello, 2nd by CM Stiglitz. Approved 4-0    10. CONTRACTTOI INSTALL WEATHERVANE  The bid provided by Katchmark was approved at a cost of$1,800 to install the weathervane on top oft the cupola at Town Hall. They will provide a I-year warranty on the installation. The  Town will need to coordinate the installation with the Post Office. Motion to Approve: CM Spealman, 2nd CM Castillo. Approved 4-0  11. CONTRACT FOR LANDSCAPING TOWN HALL  The Town obtained 41 bids for the landscaping ofTown Hall. The council approved the bid provided by Hughes Landscaping at a cost of$6,400 for the year ($533.33 per month). This bid  included 2 gutter cleaning per year.  Motion to Approve: CM Stiglitz, 2nd CM Spealman - Approved 4-0  12. CONTRACT FOR MOWING/MAINTAINING TOWN RIGHT-OF-WAY  The Town obtained 41 bids for the mowingmaintaining the Town Right-of-Way which comprises eft the Trolley Car area (appx. 35 ft wide from Radcliffe to Oxford), 2 town parks at the intersection of Princeton and University Avenue, and 8 storm water drains (along the end of Town on the Clara Barton side) at a cost of $6,096 for the year ($508.00 per month) Motion to. Approve: CM Spealman, 2nd CM Stiglitz -4 Approved 4-0  13. OTHER BUSINESS  Town Communication Improvements: Asa result ofa survey of surrounding municipalities, the Town Office will continue to communicate with the residents through flyers hand delivered, e- mail, posting items on the bulletin board by the Post Office entrance, and the web site. This was consistent with what the other towns are doing. Any time a flyer is distributed, an e-mail will also be generated -1 this will serve as back-up to make sure that if a resident did not get the flyer, they are made aware oft the information that was provided in the flyer. The Town Manager is also coordinating with a resident to assure that any e-mail sent out by Town Hall is also posted on the Update on Town Archive Project: The materials in the meeting room have be rehoused and the inventory database has been updated by Sarah Hedlund, the Town Consultant Archivist. The next step ini the. Archivist's record review will be on the files in the attic space. A Record Retention Plan must be developed by the Town and eventually approved by the State. Costs SO far have totaled $1,100 for personal services and $338 for supplies. $2,500 has been budgeted for Sledding Hill -This is an ongoing discussion on whether the Town should continue designating a sledding hill on Yale Ave. A recent sledding accident resulted in an injury to a child and changes in the composition oft the residents on the street requires special mobility attention that has not previously existed and has added complications to continuing this practice. Additionally, insurance and potential liability issues are as yet to be satisfactorily resolved by the Mayor. Movie Night - The Livable Community Committee notified the council that they are hosting a Movie Night on 2/23/2019 from 5 -9 pm at" Town Hall. They are still working on the movie they planned to show-1 Isle of the Dogs or Incredibles 2. There would be no cost to the Town- - Founders Day Game Day - The Livable Community Committee has proposed to the Council a new event called Founders Day Game Day. They would like to host a Founders Day Game Day on 4/14/2019 from 3-8 pm. Shine or Rain day event - ift the weather is good, they will host it  non-official Town Listserv.  this task in the current budget.  residents would be requested to bring their own snacks.    outside in front ofTown Hall, ifit rains it will be moved inside. There willl be games - Capture the flag, Corn Hole competition, and Jeopardy using questions about Town. They have asked the Town to provide a large sheet cake and funds for the purchase of sidewalk chalk. No objection Crosswalk Signal at MacArthur and Princeton Ave - The Design has been done to installa a flashing sign at MacArthur and Princeton Avenue. The County is hoping to install it inthe next  was made by any ofthe Councilmembers.  30-60 days.  14. ADJOURNMENT:  Motion to adjourn: CM Stiglitz, 2nd CM Costello; All in favor. Meeting Adjourned 9:38 pm  Minutes Prepared by: Nicole Ventura, Town Manager  lleRbe Mayor, Willem Polak  Approved by:  Date: Makl2o8    The Town of GLEN ECHO Chartered 1904 omnhallaslenechoors  Town Hall e 6106 Harvard Avenue . Glen Echo . Maryland 20812 e( (301)320-4041  To: Mayorand Council  From: Nicole Ventura, Town Manager D/  Date: 2/7/2019  RE: FY19B BudgetAdjustment for Council Meeting 2/11/2019 The adjustment made to the budget are as follows:  Revenue:  1-Real Estate: Increased $20,000 based on ytd amount: New Amt: $126,325  Total Revenue: $338,5751 to $358,575 net change of $20,000  Expenses:  20.1 - Salary - Increased $5,000 based on 301 hrs per week: New Amt: $35,000 21.9- - Town Engineer/Bld. Inspector - new category $6,000 (based on 10,000 per months left plus $1,000 initial cost for meetings to meet and discuss the position. year-6 24.3 - Snow Removal Increased $15,000 we have already spent the budgeted amount of We left the rest oft the budget the way it was approved. In March/April we will be doing a new budget for FY2 20 which will incorporate all the categories that have been added since the FY1 19 budget was done. FY 19 budget was based on FY 18 information which was not as detailed.  $10,000 and we still have 1 % months to go. New Amt. $25,000  Total Expenses: $321,000 to $347,000 net change of $26,000  The bottom line based on these adjustments the final amount for Net Revenue went from  $17,575 to $11,575 net change of($6,000).    Town of Glen Echo FY 19 Budget Adjustment July 2018 through June 2019  YTD(6 mths) 2019 FY19  ADJ REVISED 19  ACTUAL DEC Approved BudgetFY BUDGET  FYI8  FY19  Ordinary RevenuelExpense Revenue 01. Real Estate 02. Personal Property 02.1 Corporate 02.2 Unincorporated 02.3 Public Utility Total 02. Personal Property 03. State Inc 04. Highway 05. License/Per 05.1 Admissions & Amusement 05.2 Build Perm Total 05. License/Per 06. Rental Inc 06.1 Post Off. 06.2TH Rental 06.3 Parking Lot--Tulane Total 06. Rental Inc 07. Interest 08. County RS 09. Cable Franchise 10. Echo Newsletter 10.1 Advertisements 10.2 Subscriptions Total 10. Echo Newsletter 12. Miscellanoous Rovonue Total Revenue Expense 20 Payroll 20.1 Salary 20.2 Employer Taxes 20.3 Staff Training Total 20 Payroll  129,478 70,538 106,325 20,000 126,325 inc. based on  ytd  649 3,000 -14 500 0 20,160 0 635 23,660 316 300 403 2,500 719 2,800 13,291 31,899 3,075 8,000 1,200 3,600 40,249 17,566 43,499 1,528 762 1,300 20,762 20,762 20,762 3,740 1,831 3,000 1,200 2,000 72 0 1,272 2,200 18  0 3,000 0 500 0 20,160 0 23,660 0 122,000 0 13,029 0 300 0 2,500 0 2,800 0 31,899 0 8,000 0 3,600 0 43,499 0 1,300 0 20,762 0 3,000 0 2,000 0 200 0 2,200 0 0  126,863 35,967 122,000 11,966 10,180 13,029  171 171  200 0  591  335,348 160,250 338,575 20,000 358,575  16,004 30,000 1,250 3,000 30 3,000  5,000 35,000 based 30 hrs 0 0 5,000 41,000  3,000 3,000  per week  27,102 17,284 36,000  Page 1 of:    Town of Glen Echo FY 19 Budget Adjustment July 2018 through June 2019  YTD(6 mths) 2019 FY19 12,571 11,919 12,000  ADJ REVISED 19  ACTUAL DEC Approved Budget FY BUDGET  FYI8  FY19 0 12,000  21 Professional Services 21.1.Auditor 21.2. Legal 21.21 Town Attorney 21.22 Specialized Legal Svc. 21.2. Legal- - Other Total 21.2. Legal 21.4 Oth Prof Svcs 21.5 Traffic Study Consultant 21.6 Records Retention 21.7 IT Support 21.8 Arborist 21.9 Town Engineer/Bid. Insp. 21.10 Office Temporary Help Total 21 Professional Services 22. Fixed Op Ex 22.1 Office Utilities 22.11 Electrical 22.12 Gas 22.13 Telephone 22.14 WSSC 22.1 Office Utilities Other Total 22.1 Office Utilities 22.2 Office 22.21 Office Supplies 22.22 Software/Domain 22.23 Copier Rental Total 22.2 Office 22.3 Bank Fees 22.4 Website 22.5 Ins & Bond 22.5 Office Furniture & Equip. 22.6 Dues, Subs., Conf. 22.7 Admin 22.71 Admin. Payroll Fee 22.72 Flyer Delivery Charges 22.73 Miscl. Admin Exp. 22.7 Admin Other Total 22.7 Admin 22.8 Echo 22.9 Town Hall 22.91 TH Supplies 22.92 TH Cleaning Service 22.93 TH Maintenance 22.94-T TH Elevator Maint. 22.9 Town Hall Other Total 22.9 Town Hall  8,917 2,000  0 0 35,000 0 35,000 5,000 0 2,500 0 0 6,000 new 0 category  55,753  35,000 0 5,000 803 0 800 2,500 919 225 113 2,339 68,324 28,035 54,500  55,753 10,917 35,000  6,000 6,000 60,500  998 155 1,600 222 979 575 723 0 2,277 127 0 3,000 2,320 1,985 3,000 475 5,000 1,847 2,500 713 160 335  0 0 0 0 7,000  0 0 0 0 7,000 7,000 0 0 0 0 0 3,000 3,000 5,000 2,500 0 0 0 7,000 7,000 3,000 0 0 0 0  6,225  6,225 2,975 7,000  0  )  0  9,611  7,000  9,611 1,208 7,000 2,809 1,030 3,000 962 1,753 10,752 3,863 1,305  0 0  35,000  10,752 7,883 35,000  0 35,000 35,000  Page 2of3    Town of Glen Echo FY 19 Budget Adjustment July 2018 through June 2019  YTD(6 mths) 2019 FY19 0 2,000 2,552 10,000 31,717 22,359 77,500 9,567 4,027 9,000  ADJ REVISED 19 FY19 0 2,000 0 10,000 0 77,500 0 9,000 18,000 0 1,000 10,000 5,000 0 43,000 0 2,000 0 0 40,000 0 40,000 50,000 0 0 0 0 8,000 11,575  ACTUAL DEC Approved BudgetFY BUDGET  FYI8  22.10 Oth Maint 22.11TH Improv Total 22. Fixed Op Ex 23 Streets 23.1 Streetlights 23.2 Street Sweeping 23.3 Street Signs 23.4 Parking Lot--Town Hall 23.5 Street Repair 23.6 Sidewalk Repair Total 23 Streets 241 Maint./Pub 24.1 Community Contribution 24.2Landscape 24.21 TH Landscaping 24.22 Town Right of Way 24.2 Landscape Other Total 24.2Landscape 24.3 Snow Removal 24.4 Refuse/Recycling 24.5 Town Trees 24.51 Town Tree Pruning 24.52 Town Tree Removal Total 24.5 Town Trees 24.6 Leaf Removal 24.7 Community Events Total 24 Maint./Pub Total Expense Net Ordinary Revenue Net Revenue  0 18,000 483 0 1,000 0 10,000 0 5,000 0 2,000 10,370 6,125 41,426 -2,300 40,000 41,426 14,195 40,000 7,222 37,200 15,500 50,000  17,692  27,259 4,510 43,000  2,000  750 10,000 15,000 25,000 inc. due tos snow fall  725 0 0 725 14,400 5,918 5,634 8,000  0  0 0  93,766 51,204 110,000 15,000 125,000 248,168 123,392 321,000 26,000 347,000 87,180 36,858 17,575 -6,000 87,180 36,858 17,575 6,000 11,575  Page 3 of3    Resolution No.: 19-01 Introduced: Adopted: Effective Date: 2/11/2019  2/11/2019 2/11/2019  Resolution in Support ofLocal Zoning Authority over Cell Site Deployments and a Call on Congress  tol Reinstate Such Authority by Reversing Recent FCC Actions.  WHEREAS local government has long advocated for universal access to reliable, high-speed broadband service, both wireline and wireless, as these services are critical for the delivery of education, economic development, employment, and a variety of essential services necessary for WHEREAS local government believes that the U.S. must win the "Race to 5G" as the timely deployment of5 5G broadband networks will have significant implications forU.S. innovation, including int transportation, agriculture, healthcare, education, public safety, manufacturing. commerce, WHEREAS by means of orders issued on August 2, 2018 and September 26, 2018, the Federal Communications Commission took away local government" s ability to balance competing interests for the use of the public rights-of-way, taking into account considerations for public safety. public utility services such as water, sewer, and electricity, the travelling public, environmental. concerns, economic WHEREAS Representative Anna Eshoo has introduced H.R. 530, legislation to overturn the FCC's  success and progress in the 21st century; and  and the development of smart communities; and  development, and maintenance costs; and actions of August 2 and September 26, 2018. NOW, THEREFORE BE IT RESOLVED that the taken by the Federal Communications Commission.  Town of Glen Echo  thanks Congresswoman Eshoo for her leadership and calls on Congress to  enact, and President Trump to sign H.R. 530, or similar legislation to invalidate the recent actions BEITFURTHER RESOLVED that a copy ofthis resolution be forwarded to Representative  Jamie Raskin similar legislation. Attest:  and Senators  Chris Van Hollen  and  Ben Cardin  with a request on behalf of the citizens of Town of Glen Echo  that they support H.R. 530 or  Ihere attest that the aboye Resolution was duly adopted by the Town Council on the 11"h day of  February, 20191 by a vote of 4-0,  JGccl a Ventues  Clerk-Treasurer    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: February 11,2019 Effective Date: March 3, 2019  AN ORDINANCE TO. ADD A NEW CHAPTER 25TO THE CODE OF ORDINANCES TO ADOPT REQUIREMENTS CONCERNING THE INSTALLATION AND OPERATION OF SMALL WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC  RIGHIS-OP-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 of 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 ori instrumentality, taking into account the nature and scope of such request; and any decision by al local government to deny a request to place, construct, or modify personal wireless service facilities shall be 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 ofs such tower or base station, including requests for the collocation, removal, or replacement oftransmission 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 of 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");  WHEREAS, after proper notice to the public, the Town Council introduced the following WHEREAS, after proper notice to the public, the Town Council considered the 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  Ordinance in an open meeting conducted on the 14th day of. January, 2019;  following Ordinance in an open meeting conducted on the 11h day ofFebruary, 2019;  ofthe Town, and otherwise advantageous and beneficial to the Town.  NOW, THEREFORE, BE IT ORDAINED AND ORDERED, this 11"h day of February, 2019, by the Town Council, acting under and by virtue of 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:  Chapter2 25  Small Wireless Telecommunications 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 ofsmall 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  noti include a Tower or any equipment associated witha Tower.  2    "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 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 Wireless Services, including: (i) 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 ()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, wh hicheveri 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-cight (28) cubic fect in yolumeiand (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 ora 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 Services. A Small Wireless Facility is a 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  corresponding meaning.  right-of-way. The term does not includea Toweror Support Structure.  conditions:  greater; and  is no more than three (3) cubic feet in volume: and  of applicable safety standards under Federallaw.  does not include a Pole or a Support Structure.  3    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. "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 () 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  following:  including emergency contact information for the Applicant;  ofthe Application; this Title;  Facility will be placed or attached;  requirements) in accordance with applicable code;    (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 of the  the Federal Communications Commission: and  Town Council.  (b). The Town may require the posting of a bond to guarantee the prompt and proper restoration of the public right-of-wav. 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  the Town by resolution from time to time.  reasonable control of the applicant.  Town permit and all approved plans and specifications.  Title 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-ofwayrand (ii) five (5) feet from any driveway apron, and be otherwise located to avoid (b) Compliance with Design Standards: Unsightly or Oul-nf-Charucter 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  interference with pedestrian and motorist sightlines and use.  following design standards:  5    1. All 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. 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 heightofat least fifteen (15) feet above ground level. 3. NoTower may be located closer than one thousand (1,000) feet ofanother 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 AIIC 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 toi interfere with the health ofa tree. (d) Location Underground. Reservedl.  (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 (I) year to be free from defects in materials and (g) Removal, Relocation, and Abandonment. Within thirty (30) days following written notice from the Town, orsuch 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,  Federal law.  workmanship.    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: (i) the Communications Facility has not been used for a period 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. Ift the 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. If any 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:  hereby attest that the above Ordinance was duly adopted by the Town Council on the  11th day ofFebruary, 2019, by a vote of4 in favor and 0 in opposition.  gcel Wahese  Clerk-Treasurer Town of Glen Echo  Approved:  leleEe Da2eig  Willem Polak, Mayor  Underline indicates new material Strikethreugh indicates material deleted *** indicates material unchanged  7