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June 12 2019 Closed Session and Regular Meeting Minutes314 MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JUNE 12, 2019 6:30 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gary A. Lofton, Vice Chairman; Blaine P. Dunn; Judith McCann -Slaughter; and Robert W. Wells were present. Shannon G. Trout and J. Douglas McCarthy were absent. Staff present: Kris C. Tierney, County Administrator;. Jay E. Tibbs, Deputy County Administrator, Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Mike Ruddy, Director of Planning and Development; Candice Perkins, Assistant Director of Planning & Development; Mark Cheran, Zoning & Subdivision Administrator; Scott Varner, Director of Information Technologies; Andrew Farrar, Program Coordinator, Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 6:31 p.m. CLOSED SESSION At 6:32 p.m., Vice Chairman Lofton moved that the Board of Supervisors convene in closed session pursuant to Virginia Code § 2.2-3711(A)(1) for personnel matters, specifically the annual evaluation of the county attorney and the county administrator. Supervisor Dunn seconded the motion which carried on a voice vote. At 6:56 p.m., the Board members being assembled within the designated meeting place in the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Vice Chairman Lofton, seconded by Supervisor Dunn. Vice Chairman Lofton moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (1) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies, and (II) only such public business matters as were identified In the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor Dunn seconded the motlon which carried as follows on a roll call vote: Blaine P. Dunn Aye Shannon G. Trout Absent Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye RECESS At 6:57 p.m„ Chairman Dehaven recessed the meeting for five minutes. Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6112119 County of Frederick, Virginia 315 CALL TO ORDER Chairman DeHaven called the meeting to order at 7:03 p.m. nmrairdrn Pastor Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA —APPROVED Upon motion of Vice Chairman Lofton, seconded by Supervisor Dunn, the agenda was adopted, as amended with two additions, on a voice vote. CITIZENS COMMENTS There were no speakers. ADOPTION OF CONSENT AGENDA — APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Dunn, the consent agenda was adopted on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Absent Judith McCann -Slaughter Aye Shannon G. Trout Absent Robert W. Wells Aye Charles S. DeHaven, Jr. Aye - Minutes: Service Learning Forum of Mav 20. 2019 - CONSENT AGENDA APPROVAL • Minutes: Work Session of May 22, 2019 - CONSENT AGENDA APPROVAL Minutes: Regular Meeting of May 22, 2019 - CONSENT AGENDA APPROVAL - Public Works Committee Report of 5128119 - CONSENT AGENDA APPROVAL, Appendix 1 Information Technologies Commiffee Report of 5129119 - CONSENT AGENDA APPROVAL Appendix 2 Developmental Impact Model Oversight Committee Report of 519119 - CONSENT AGENDA APPROVAL, Appendix 3 BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS: FREDERICKIWARREN COUNTY LINE -- PROPERTY ISSUE — POSTPONED Deputy County Administrator Tibbs explained the request for the Board of Supervisors to consider a boundary adjustment to the Warren/Frederick County line in the Foster Hollow Road area saying this apparent boundary dispute was discovered via the Virginia Department of Elections relative Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6112119 County of Frederick, Virginia 31 to voting precinct lines around the State. He said the Department wanted to ensure correct voting district classifications with the area in question affecting the Congressional districts because Warren County is in the 6th District and Frederick County is in the 10th. He described the parcels in the disputed area as being physically in Frederick County but having inaccurate deed and survey data showing them as being in Warren County. Mr. Tibbs noted that of the property owners in question who have a preference, all of them wish to remain Warren County residents as that has been their designation for several decades. He said during the public input meeting in Warren County, several property owners expressed an interest in remaining a part of Warren County, and Mr. Scot Marsh of Marsh & Legge Land Surveyors, PLC, proposed a new county boundary line allowing the subject properties to be placed in Warren County where the owners have always thought they were located. Mr. Tibbs said the Board has two possible actions: keeping the line as it is or scheduling a public hearing on adjustment of the line. Supervisor Dunn inquired about the acreage of the parcels in question and the tax revenue from the single property that has been paying tax in Frederick County, Mr. Tibbs deferred to Mr. Scot Marsh of Marsh & Legge who surveyed the boundary line. Mr. Marsh said the parcels total about 20 acres. Mr. Tibbs noted the one parcel taxed in Frederick County brings in about $1000 per year in real estate taxes. Mr. Tierney noted that the Warren County Board is waiting to see how the Frederick Board addresses the issue. Supervisor Wells moved to set the public hearing on the boundary line adjustment. Supervisor Dunn seconded the motion. Chairman DeHaven said he understands the situation and the County should work with its neighbors in such circumstances, but that he is opposed to moving the boundary line. Vice Chairman Lofton agreed with the Chairman saying he wants to work with Warren County and explore other options but is opposed to moving the line. Supervisor Dunn noted two Board members were absent and moved to postpone discussion. Vice Chairman Lofton seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Absent Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Supervisor Wells withdrew his original motion to set a public hearing in light of the vote to postpone the discussion. REDUCTIONiOFFSET OF FREDERICK WATER DEBT OBLIGATION - APPROVED Mr. Tibbs explained the request saying Frederick Water (aka Frederick County Sanitation Authority) is in the process of constructing ballfields on their property in the Stephenson area that are to be replacements for the current County operated fields at Clearbrook Park. He said Carmeuse, per the terms of the County's lease agreement with them for the existing Clearbrook ballfields, has exercised their option to terminate that lease, has provided the requisite notice, and the County will be vacating the existing ballfields in November 2019. He continued saying Frederick Water has contracted Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6112119 CountyofFrederick, Virginia 317 with Perry Engineering to construct the replacement fields and has worked with the County to get an approved site plan for those ballfields. He said during the site plan and design conversations, the County identified certain features that would benefit the users of said fields including the use of LED lighting technologies within the complex resulting in greater efficiencies and performance from an energy perspective. Mr. Tibbs said the cost of the features exceeds Frederick Water's budget for this project, and in an effort to accommodate the County's desire for the more efficient lighting, as well as provide other additional improvements to the site, Frederick Water has asked if the County would be willing to off -set the costs for those features by forgiving Frederick Water's existing debt obligation in the amount of $657,083.23. He said in exchange for the reduction in the debt obligation, the County would receive the following: 1. Cost difference between Frederick Water's budget and the actual of the lighting system which is almost $550,000 above their budget. 2. The remaining $100,000 or so in additional items includes: a. Prime and double seal to a minimum two-inch asphalt topcoat on the parking lots. b. Two storage buildings to serve the ballfields. c. Installation of sod for all five fields so they will be playable by March 2020. Mr. Tibbs said in addition, Frederick Water will give Frederick County an easement for its use of the ballfields with the intent to transfer fee simple ownership to the County once the Opequon Water Treatment Plant is operational. Providing background concerning the obligation, Mr. Tibbs said the Board of Supervisors loaned proceeds to the Frederick County Sanitation Authority to facilitate the establishment of water and sewer systems in the Red Bud Run and Abrams Creek drainage areas with the first loan occurring in April 1972 in the amount of $500,000 loaned over a period of three fiscal years. He said the second loan occurred in December 1974 and the total amount loaned for the project was $1,106,500.00. He continued saying in 1987, the Board of Supervisors voted to defer payment of principal and interest on this loan to facilitate the Sanitation Authority's ability to float a revenue bond with the Virginia Resources Authority to enable construction of water and sewer facilities in the Bufflick Road area, adding this loan has been carried on both Frederick Water's and Frederick County's financial statements as a payable and receivable respectively. Mr. Tibbs said the Board of Supervisors has previously approved reductions in the loan on two occasions totaling $208,495,00: the first was for tap fees for the National Guard Armory totaling $130,639.00, which occurred in December 2008; and the second reduction was for tap fees for the Round Hill fire station totaling $77,856,00, which occurred in August 2015, Mr. Tibbs said it is staffs recommendation that the Board authorize forgiveness of this debt to off -set the costs associated with the lighting and supporting facilities at the replacement Clearbrook ballfields. He said Frederick Water has reviewed the draft agreement and is agreeable to the terms. Supervisor Lofton and staff discussed the reason for Frederick Water's offer to build ballfields and the reason for the costs being higher than anticipated by Frederick Water. Mr. Tierney noted that the Parks and Recreation Department was involved in the planning stages, and the desired lighting Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6/12/19 County of Frederick, Virginia 318 plan came in at a higher price than originally planned, partly due to the change to LED lighting. He said the County is being asked to help make up the difference between the original cost estimate and the actual cost of the desired specifications expressed by Parks and Recreation staff, Supervisor Lofton and staff discussed the original loan and whether interest had accrued or been paid to the County. Mr. Tierney said interest had accrued for a number of years but was capped in the agreement at some point. Mr. Tibbs explained that the original loan was about $1,100,000 and some payments were made up until 1987 when the Sanitation Authority asked for a deferral to assist with their obtaining financing through the Virginia Resources Authority for the Bufflick Run Project. He said the Board was amenable to the deferral. Chairman DeHaven said the difference in cost is due to there being five fields instead of four, upgraded requirements, and the addition of land to the agreement. Vice Chairman Lofton commented that no interest has been accruing on the loan for 30 years and the County shouldn't have to forgive any of the loan. Mr. Tierney said the circumstances are unusual in that there was an agreement between Carmeuse and Frederick Water, which the County was not party to, that required ballfields to be constructed on land provided by Carmeuse. He said as that agreement fell apart, the County was the big loser. He said that Frederick Water took the high road saying they would build the ballfields. Mr. Tierney concluded saying the value of the ballfields far exceeds the amount of debt the County is being asked to forgive. Vice Chairman Lofton said that his point is that Frederick Water, a quasi -business entity, is being given an interest free loan by the tax payers. Supervisor Slaughter said she had inquired about the loan and learned that the interest would have amounted to about $32,000 per year. She said that with the ballfields costing about $3,000,000, the County comes out farther ahead than if Frederick Water had been asked to pay interest. Supervisor Wells moved forgive the debt and authorize the County Administrator to execute the agreement specifying the debt offset. Supervisor Slaughter seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton No J. Douglas McCarthy Absent Judith McCann -Slaughter Aye Shannon G. Trout Absent Robert W. Wells Aye Charles S. DeHaven, Jr. Aye MOTION AUTHORIZING STAFF TO PROCEED WITH ACQUISTION OF REAL PROPERTY. APPROVED Vice Chairman Lofton moved that the Board authorize staff to proceed with the acquisition of real property as discussed in closed session. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Absent Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye Minute Book 44 Board of Supervisors Closed Session & Reguiar Meeting of 6112119 County of Frederick, Virginia 319 MOTION TO APPROPRIATE $300,000 FOR FY 2019 FOR CAPITAL ACQUISITION — APPROVED Vice Chairman Lofton moved that the Board appropriate $300,000 for FY 2019 for a capital acquisition. Supervisor Wells seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Absent Judith McCann -Slaughter No COMMITTEE BUSINESS: PUBLIC WORKS COMMITTEE Shannon G. Trout Absent Robert W. Wells Aye Charles S. DeHaven, Jr. Aye SET PUBLIC HEARING ON QUITCLAIM REQUEST FOR SHAWNEELAND—APPROVED County Attorney Rod Williams explained the situation in which an individual purchased a lot in Shawneeland based upon the prior owner's deed. He said the developer conveyed the lot to the prior owner and taxes have been paid ever since and the deed was recorded even though the lot did not exist as a separate parcel. He proposed that the County could issue a quitclaim deed in exchange forthe agreement of the current owner that she has no claim regarding the taxes already paid on the parcel. He said staff is asking the Board to set a public hearing on the matter. Upon motion of Vice Chairman Lofton, seconded by Supervisor Dunn, a public hearing on the disposition of any County interest in Shawneeland Tax Parcel Number 49A04-1-K-19 was set. The motion carried on a voice vote. DEVELOPMENTAL IMPACT MODEL OVERSIGHT COMMITTEE CAPITAL IMPACTS STUDY — ACCEPTED FOR IMPLEMENTATION ON JULY 1, 2019 Planning Director Mike Ruddy said Julie Herlands of Tishler-Bise was in attendance to present the Capital Impacts Model developed during the recently completed study. He said the Model seeks to identify impacts based on the need of capital facilities as the County continues to grow and based on the costs of the facilities. Additionally, he said, the Model will identify the appropriate share of the cost that would be the responsibility of the development community during future rezonings, in the context of the 2016 proffer legislation. Julie Herlands of Tishler-Bise gave a presentation outlining the Capital Impacts Model and highlighting the following: Overview of Cash Proffers; Current Cash Proffer Requirements in Virginia; Overview of the Frederick County Model; Example of Capital Impact Results; and Cash Proffer Eligible Categories Cost Analysis. Supervisor Dunn and Ms. Herlands discussed the Model in reference to school capacity; accuracy, the similarity of results when different methodologies are used, and the identification of capital costs versus staff costs for fire and rescue facilities. Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6112119 County of Frederick, Virginia 320 Vice Chairman Lofton and Ms. Herlands discussed the timing of proposed developments and allocating school capacity. He praised the usefulness of the updated Model. Supervisor Slaughter and Ms. Herlands discussed inflation and the need to apply construction cost indexing to update the Model annually. In response to Supervisor Dunn's question, Mr. Herland said housing type is updated annually in the Model to account for changes in housing type preferences, and said the Model is generally found to have an accuracy of within 5% of as -developed. Supervisor Wells moved that the Board follow the Committee's recommendation to accept the Capital Impacts Study and implement the use of the Model, effective July 1, 2019. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Absent Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye PUBLIC HEARINGS OUTDOOR FESTIVAL PERMIT REQUEST OF TYLER WAKEMAN — PEAK LEAF MUSIC & BREWERS FESTIVAL -APPROVED Mr. Tierney provided background saying the request is for the Peak Leaf Music & Brewers Festival on October 19 from noon to 8:00 p.m. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Vice Chairman Lofton moved for approval of the Outdoor Festival Permit request of Tyler Wakeman for the Peak Leaf Music & Brewers Festival. Supervisor Wells seconded the motion which carried on a voice vote. CABLE TELEVISION FRANCHISE AGREEMENT WITH COMCAST OF CALIFORNIA/ MARYLAND/ PENNSYLVANIA/ VIRGINIA( WEST VIRGINIA, LLC. - APPROVED Mr. Tibbs said Comcast of California/Maryland/Pennsylvania/Virginia/West Virginia, LLC ("Comcast") has an existing non-exclusive cable franchise within the County, which was granted by the Board for a ten-year period in 2009, and this franchise and its governing agreement were set to expire on April 1, 2019; however, the Board of Supervisors at its March 13, 2019 meeting granted a short-term extension to the existing agreement until June 30, 2019. He said staff has negotiated the renewal terms for the proposed agreement that would grant Comcast a nonexclusive franchise to provide cable television service within Frederick County for a period of 10 years with some of the terms of the proposed renewal including: Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6112119 County of Frederick, Virginia 321 • Decreased density requirement from the current density of 30 homes per linear mile to 25 homes per linear mile. In addition, Comcast has agreed to conduct a feasibility study of an area with at least 20 homes per linear. • There is a new provision for homes that do not meet the density requirement necessary to get service. Those homeowners would have to pay for the running of cable beyond 275 feet from the line. This provision did not exist in our previous franchise agreement. • High Definition (HD) output for County channels following a three-year waiting period. • County channels will remain in the basic service tier. • Consideration for relocation of Frederick County Government's and Frederick County Schools' current cable drop, should we or the schools relocate our facility during the franchise term. Frederick County would pay the costs for any cable run to a relocated facility located over 200 feet from the main line. Mr. Tibbs said in exchange for the above, the only material concession made is giving up the existing Fire and Rescue training channel which is not as utilized with current internet and web - based training. He concluded saying other changes include: • Updates to reflect changes in the law since the franchise agreement's last renewal. • Caps were established for liquidated damages (This change does not limit Frederick County's right to move to revoke the franchise agreement should Comcast start approaching those damage caps or otherwise breach its obligations under the agreement). In responsive to Supervisor Dunn's question, Mr. Williams verified that the agreement is non-exclusive and that the County does not control Comcast's rate charges. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for approval of the proposed cable television Comcast Franchise Agreement in light of the current agreement expiring on June 30, 2019. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Absent Judith McCann -Slaughter Aye Shannon G. Trout Absent Robert W. Wells Aye Charles S. DeHaven, Jr. Aye PROPOSED AMENDMENT(S) TO THE FREDERICK COUNTY CODE, CHAPTER 118, NOISE - APPROVED Mr. Williams said this amendment to the Noise Ordinance is to bring it into compliance with applicable law. He said the Supreme Court of Virginia in 2009, when considering another locality's ordinance that stated that unreasonable noise was unlawful, held that such ordinance was unenforceable because it is unclear. He said other localities have moved to a "plainly audible" standard and/or decibel standard, and the Code and Ordinance Committee proposed a level of 60 Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6/12119 County of Frederick, Virginia 322 decibels, adding there are exceptions listed in the proposed ordinance language. He said the ordinance does not change the scope in that it only applies in Residential zones between the hours of 9:00 p.m. and 6:00 a.m. He concluded saying the aim was to provide the County with an enforceable ordinance because the current ordinance is not enforceable. In response to Vice Chairman Lofton's question, Mr. Williams verified that no one would be charged unless given an opportunity to abate the noise. Chairman DeHaven opened the public hearing. Rick Hunt, Gainesboro District, said he has a neighbor who brings race cars to his agricultural property. He encouraged the use of a decibel level for enforcement and asked that the Board table the matter until his Supervisor is present to discuss the issue. Chairman DeHaven noted that the ordinance would not apply in the Agricultural zone. There being no other speakers, Chairman DeHaven closed the public hearing. Supervisor Dunn said the proposal is a good improvement but should go farther. He moved to postpone the decision until the July meeting. There was no second. Supervisor Dunn moved for adoption of the proposed ordinance amending County Code Chapter 118 — Noise. Supervisor Slaughter seconded the motion. Supervisor Dunn said more needs to be done on the issue to assist people who are ill and cannot leave their homes. Supervisor Slaughter thanked the Committee for working to develop an enforceable ordinance. The motion to adopt the ordinance amending Chapter 118 - Noise carried on a roll call vote as follows: Blaine P. Dunn Aye Gary A. Lofton Aye J. Douglas McCarthy Absent Judith McCann -Slaughter Aye Shannon G. Trout Absent Robert W. Wells Aye Charles S. DeHaven, Jr, Aye ORDINANCE June 12, 2019 The Board of Supervisors of Frederick County, Virginia hereby ordains that Sections 118-1 (Unreasonable noise unlawful) and 118-2 (Enforcement) and new Sections 118-4 (Specific prohibitions) and 118-5 (Exceptions) of Chapter 118 (Noise) of the Code of Frederick County, Virginia be, and the same hereby are, amended by enacting amended Sections 118-1 (Specified noise unlawful) and 118-2 (Enforcement) and new Sections 1 18A (Specific prohibitions) and 118-5 (Exceptions) of Chapter 118 (Noise) of the Code of Frederick County, Virginia, as follows (deletions are shown in stiketbrough and additions are shown in underline): CHAPTER 118 NOISE § 1184 amenable Specified noise unlawful. A continue. —At certain levels, noise can be detrimental to the health, safety, welfare and quality of life of inhabitants of the county, and in the public interest, such noise should he restricted. It is therefore, the policy of the County to reduce and eliminate where possible excessive noise and Mated adverse conditions in the community, and to prohibit unnecessary, excessive harmful, and annoyinu noises from all sources. Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6112119 County of Frederick, Virginia Q1 B. This chapter shall be applicable from 9:00 p.m. to 6:00 a.m., inclusive, each day, to noisc emanating from property located within the following zoning classifications districts as indicated on the Frederick County Zoning Map: RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MHl Mobile Home Community District C. No person shall be charged with a violation of this section unless that person has received verbal, electronic or written notice from a law enforcement officer of Frederick County that he is violatin or has violated the provisions of this chapter and has thereafter had the opportunity to abate the noise disturbance. § 118-2 Enforcement. Enforcement oftbis chapter shall be by the Sheriff of Frederick Countyorhis designee. § 118-3 Violations and penalties. [Ed. note: No change is proposed to this section] A violation of this chapter shall be punishable by a fine of not more than $100 for the first offense and a fine of not more than $1,000 for each subsequent offense. Each such occurrence shall constitute a separate offense. § 118-4 Specific prohibitions. A. audible on anther's property. B. Schools, public buildings, places of worship, and hospitals. The creation of any noise on or near the grounds of any school, court, public building, place of worship, or hospital in a manner that is Plainly audible within such school, court, public building, place of worship, or hospital, and which noise interferes with the operation of the institution, C. The term "plainly audible" shall mean any sound that can be heard clearly by a person using his or her unaided hearnig faculties. When music is involved, the detection of rhydraric bass tones shall be sufficient to he considered plainly audible sound. § 118-5 Exceptions. This cbmter shall have no app&cation to any sound generated by any o€the following: A. Sound which is necessary for the protection or preservation of property or the health, safety, life, or limb of any person. B. Public speaking and public assembly activities conducted on My public right-of-way or public property. C. Radios, sirens, horns, and bells on police, fire, or other emers[ency response vehicles, D. Parades lawful fireworks s school -related activities and other such public special events or public activities. E. Activities on or in ffimicipal, county, state, United States, or school athletic facilities, or on or in publicly owned property and facilities. F. Fire alarms and burglar alarms, prior to the hiving ofnotice and a reasonable opportunity for the owner or person in possession of the premises served by any such alarm to turn Otfthe alarm. Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6112119 County of Frederick, Virginia W. G. Religious services, religious events, or religious activities or expressions, inclu&m but not limited to music, shigin% bells, chimes and organs which are a part of such service event, activity, or expression. El. Locomotives and other railroad equipment, and ainaa& I. The striking of clocks. 1. Military activities of the Commonwealth of Virginia or of the United States of America K. Agricultural activities. PROPOSED AMENDMENT(S) TO THE FREDERICK COUNTY CODE CHAPTER 48 ANIMALS AND FOWL ARTICLE I DOGS RUNNING AT LARGE' RABIES CONTROL SECTION 48-3 DOGS RUNNING AT LARGE UNLAWFUL - APPROVED Mr. Williams explained the amendment saying this addresses the dog running at large statute to comport with amendments to state law made recently by the General Assembly. He continued saying the law states that localities shall provide for a civil penalty, interpreted to mean in addition to the base penalty, for dogs running at large in a pack, adding that the state law requires an exemption for hunting dogs engaged in an activity. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Dunn moved for adopted the ordinance as presented. Supervisor Slaughter seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Absent Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye ORDINANCE June 12, 2019 The Board of Supervisors of Frederick County, Virginia hereby ordains that, effective July 1, 2019, Section 48-3 (Dogs running at large unlawful) ofArticle I (Dog Licensing; Rabies Control) of Chapter 48 (Animals and Fowl) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 48-3 (Dogs running at large unlawful) of Article I (Dog Licensing; Rabies Control) of Chapter 48 (Animals and Fowl) of the Code of Frederick County, Virginia, as follows (deletion is shown in 9F2%4breugh and addition is shown in bold underline): CHAPTER 48 ANIMALS AND FOWL Article I Dog Licensing; Rabies Control § 48-3 Dogs running at large unlawful. A. It shall be unlawful to permit any dog to ran at large within the County at any time during the year. For the pumoses of this subsection, a dog shall be deemed to be running at 1 e while roarningor rvrming offthe property of its owner or custodian and not under its owner's or custodian's immediate control. Except as provided in subsection B, Aw3 aM person who permits his dog to run at large or remain unconfined, unrestricted or not penned up shall be deemed to have violated the provisions of this subsection andbe subjeetto punishment as provided in Section 48-10. B. It shall also be unlawful to Mmit ggy dog to ran at large in a pack within the County at any time dutin the year. For the purposes of this subsection, a dog shall be deemed to be running at large in a pack if Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6112119 County of Frederick, Virginia 325 it is runnino at lame in the company of one or more other dogs that are also rtmning at lame, Any nercon who pmiits a dolt to nm at haste in a pack shall be deemed to have violated the provisions of this subsection and, in addition to the ywilshmmt as Piovided. in Section 48-10 be gubject to a civil penalty not to exceed $100 per dog so found. Any civil penalty collected pursuant to this subsection shall be deposited by dw Treasurer pursuant to the provisions of 3.2-6534 of the Code of Virginia (1950, as amendedl C. It shall be the duty of the Animal Control Officer and Deputy Animal Control Officers to cause all dogs found running at large in violation of this section to be caught and penned up in the County dog pound. ETD. It shall be unlawful to permit any vicious or destructive dog to run at large within the County, and any person owning, having control or harboring any such dog is hereby required to keep the same confined within his premises. E, The provisions of this section shall mot apply with respect to dogs used for bmtmg ++++++++++++++ BOARD LIAISON REPORTS - None CITIZEN COMMENTS Ken Hunter, Back Creek, asked the Board to make Shawneeland a tax-free zone for 100% disabled veterans according to state law. He continued saying he was threatened by a County employee this week when he requested an inspection. He requested the credentials of the inspector. BOARD OF SUPERVISORS COMMENTS Vice Chairman Lofton said the new Capital Impacts Model is a good product, but it is a fallacy because timing is an issue when two re -zonings come in at the same time, so capacity is not addressed. He said several rural preservation developments have been approved that are by - right and will not produce proffers but may take up capacity, adding that five -acre lots are also by - right. He said he is concerned this may push developers to seek out five acre and rural preservation lots for development because they will not require proffers. Supervisor Dunn said the Model would include those areas for planning purposes even though proffers are not permitted. CLOSED SESSION At 8:29 p.m., Vice Chairman Lofton moved that the Board of Supervisors convene in closed session pursuant to Virginia Code § 2.2-3711(A)(1) for personnel matters, specifically the annual evaluation of the county attorney and the county administrator. Supervisor Dunn seconded the motion which carried on a voice vote. At 9:10 p.m., the Board members being assembled within the designated meeting place in the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Vice Chairman Lofton, seconded by Supervisor Dunn. Vice Chairman Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6112119 County of Frederick, Virginia 326 Lofton moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor Dunn seconded the motion which carried as follows on a roll call vote: Blaine P. Dunn Aye Shannon G. Trout Absent Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann -Slaughter Aye ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Wells, the meeting was adjourned at 9:11 p.m. Charles S. DeHaven, Jr. Chairman, Board of Supervisors Kri C. ie Cler , Board o Supervisors Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6112119 County of Frederick, Virginia 327 Board of Supervisors Minutes of June 12, 2019 - Appendix 1 PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, May 28, 2019 8:00 a.m. 107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: J. Douglas McCarthy, Chairman; Gary A. Lofton; Whitney "Whit" L. Wagner; Gene E. Fisher; and Harvey E. "Ed" Strawsnyder, Jr. Committee Members Absent: Robert W. Wells Staff present: Joe C. Wilder, Director of Public Works; Mike Stewart, Senior Project Manager; Kevin Alderman, Shawneeland District Manager; Rod Williams, County Attorney; Kris Tierney, County Administrator; Gloria Puffinburger, Solid Waste Manager; Ron Kimble, Landfill Manager; Kathy Whetzel, Animal Shelter Manager; Holly Grim, Assistant Animal Shelter Manager Attachment 1—Agenda Packet ITEMS_ REQUIRING ACTION BY BOARD OF SUPERVISORS: 1-Quitclaim request for Shawneeland. County Attorney Rod Williams explained the quitclaim request to the committee. After some discussion Supervisor Lofton made a motion to forward the request to the Board of Supervisors for scheduling of a public hearing on the disposition of any county interest in Lot 19. The motion was seconded by committee member Ed Strawsnyder. The committee unanimously approved the motion. ITEMS FOR INFORMATION ONLY 1-Contribution from the Community Inmate Workforce. Gloria Puffinburger discussed the positive impact the Community Inmate Workforce contribution has made in conjunction with the Virginia Adopt -A -Highway program. 2-Proposed Fiscal Year 2018/2019 Carry Forward Requests for Shawneeland, Animal Shelter, Solid Waste and the Landfill, Each department has on -going projects related to the carry forward requests. In general, the requests are for any remaining funds left in the line items to be carried forward. These requests will go the Finance Committee on July 17, 2019 for their consideration. Shawneeland line item 16-8108-8800-00 Buildings request for $30,000 to be carried forward for construction of additional office space. Supervisor Lofton made a motion to approve the request and forward to the Finance Committee. The motion was seconded by committee member Whit Wagner. The committee unanimously approved the motion. b. Shawneeland line item 16-8108-3004-04 Road Improvements. Due to the on -going culvert and road repairs, any remaining funds in this line item shall be carried forward into fiscal year 2019/2020. Supervisor Lofton made a motion to approve the request and forward to the Finance Committee. The motion was seconded by committee member Gene Fisher. The committee unanimously approved the motion. C. Animal Shelter line item 10-4305-3001-00 Professional Health Services and line item 10-4305-3002-02 Professional Services/Engineering and Design. Both line items represent requests from donated funds. The 3001 code represents funds for spay/neuter programs. The 3002 code represents funds for on -going engineering support for construction of the new Animals Shelter training facility. This facility will be built using all donated funds. Supervisor Lofton made a motion to approve the request and forward to the Finance Committee. The motion was seconded by committee member Ed Strawsnyder. The motion was unanimously approved by the committee. Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6112119 County of Frederick, Virginia 328 d. Refuse Collection line items 10-4203-3002-00 Professional Services, 10-4203-3004-03 Repair and Maintenance/Buildings, line item 10-4203-3010-00 Contractual Services. The request was for any remaining balances from these line items to be carry forward into fiscal year 2019/2020 budget. Committee member Ed Strawsnyder made a motion to approve the carry forward request and to forward them to the Finance Committee for their consideration. The motion was seconded by committee member Gene Fisher. The committee unanimously approved the motion. e. Landfill line items 12-4204-3002-00 Professional Services and line item 12-4204-8900-00 Improvements Other Than Buildings. Both line items are for on- going projects at the Landfill. The requests were for any remaining balances to be carried forward into fiscal year 2019/2020. Committee member Whit Wagner made a motion to approve the request and to forward them to the Finance Committee. The motion was seconded by committee member Ed Strawsnyder. The committee unanimously approved the motion. 4-Update on Public Works and Landfill Projects. We updated the committee that work has begun on construction of the Crossover Boulevard road project. The contractor is currently obtaining permits and mobilizing equipment to the site. We are planning to bid the construction of the Animal Shelter training facility in August 2019 The anticipated construction time is nine (9) months. We are currently getting the agreements in place and signed for the construction of the replacement Albin Convenience Site at the old bus shop facility (SFW). We anticipate getting pricing in August of 2019. We should be completing the construction of the Landfill leachate lagoon and force main systems by July 2019. Respectfully submitted, JCW/kco Attachments: as stated cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Rod Williams, County Attorney Erin Swisshelm, Assistant County Attorney Mike Stewart, Senior Project Manager Kevin Alderman, Shawneeland District Manager Kathy Whetzel, Animal Shelter Manager file Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6112119 County of Frederick, Virginia Public Works Committee J. Douglas McCarthy, Chairman Gary A. Lofton Robert W. Wells Whitney "Whit" L. Wagner Gene E. Fisher Harvey E. "Ed" Strawsnyder, Jr. By Jo .Wilder Public Works Director 329 Board of Supervisors Minutes of June 12, 2019 - Appendix 2 COUNTY OF FREDERICK Information 'Technologies Scott Varner, Director of Information Technology svarner@fcva.us Voice 540,722.8261 MEMO To: Board of Supervisors From: Technology Committee Subject: Board of Supervisors Information Technology Committee Report Date: June 3, 2019 A Technologies Committee meeting was held in the First Floor Conference Room at 107 N Kent Street on Wednesday, May 29, 2019 at 8:15 a.m. Members present were Gary Lofton, Chairman, Judith McCann -Slaughter, Board Member, and Quaiser Absar, Citizen Member. Also, in attendance were Jay Tibbs, Deputy County Administrator, Scott Varner, IT and MIS Director, Benny Tyson, MIS Director, Patrick Fly, GIS Manager, Michelle Nugent, Network Operations Manager. INFORMATION ONLY 1. The Director of Information Technology and MIS updated the Committee on current proj ects. a. The Network Operations Team has completed the second year of the three-year plan to replace the network switching infrastructure, This project focused on the Public Safety Building and included adding additional network capacity as well as replacing all network switches and the building network core. The bulk of the work was completed on a Saturday to minimize any disruption to the 911 center. b. The Pictometry fly over has been completed and all imagery delivered to the County on May 1, 2019. For the purpose of this flight the county was divided into two sections, Community and Neighborhood. The Community imagery was done at a resolution of 6" while the Neighborhood was done at 3". The flight was started in March 2019 and completed by Mid -April 2019. GIS staff is currently reviewing the imagery to ensure compliance with the standards set forth in the contract. Patrick Fly, GIS Manager, gave a brief demonstration of the Pictometry Online application. During the Pictometry discussion, Mr. Lofton inquired about the data attributes on parcels on the GIS Website. The GIS Manager indicated that additional attributes could be attached to the parcel, if the necessary data exists. The GIS Manager will work with Planning, the Commissioner of Revenue, and other relevant departments to add proffers as an attribute. c. Core software systems for Public Safety were migrated to the County's virtual infrastructure and several systems upgraded during the process. The County is now providing oversight for the maintenance of the Public Safety software environment. d. Network Operations is currently working with the hardware vendor and Sprint Communications to troubleshoot connectivity issues with the new mobile command terminals for the Sheriff's vehicles. All terminals have been imaged and once the connectivity issue is resolved, the units will be tested in the field by Sheriffs Office personnel. Pending the outcome of testing, the units will then be deployed. We are targeting June for completion of this project. e. The fiber optic connection for the landfill is delayed due to VDOT permitting issues with Comeast. Most of the site work has been completed and is just waiting on VDOT to approve the final permit. Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6112119 County of Frederick, Virginia m f. The County PIO, Deputy Clerk, and Information Technology have completed the setup and implementation of the Granicus Streaming Portal and Electronic Agenda Creation. We are now working to determine a soft launch date, training for the Board of Supervisors, and public information campaign. g. Patrick Fly, GIS Manager, gave a brief update on the FEMA Floodplain Management project. The vendor that FEMA employed for the project had several technical issues and is restarting the project. The delay could be up to one year. h. The GIS Department's new staff are already having a great impact on the addressing backlog the department was experiencing. The Director of Information Technology discussed creating a Deputy Information Technology Director position. The proposal would not include adding any additional staff. The Director will move forward with researching a job description and list of duties. The proposal will come back to the ITBOS Committee for action at a later time. 2. The Director of Information Technology and MIS updated the Committee on Cybersecurity initiatives. a. The Committee discussed the necessity of implementing multi -factor authentication to add another layer of security to County systems. b. The Committee was briefed on the upcoming 2"d year of mandatory cybersecurity training for all County staff. 3. The Director of Information Technology and MIS along with the GIS manager updated the Committee on broadband grant opportunities to hopefully extend internet service to underserved areas of the County. The Director and GIS Manager attended a Virginia Telecommunications Initiative (VATI) input session in Glen Allen, Virginia, on May 28, 2019, a. USDA — The Director of Information Technology gave a brief overview of the grant requirements. Please see Appendix A for further information. b. VATI — The Virginia Telecommunications Initiative (VATI) grant has now increased to $19 million in funding for FY2020. The Director of Information Technology and the GIS Manager gave a brief overview of the grant requirements and discussed how the department is working toward capitalizing on some of this funding to improve citizen access to broadband. Please see Appendix B for further information. 4. The Committee reviewed and discussed changes to the ITBOS Committee Charter. The Director of Information Technology and MIS will make changes as requested and resubmit to the committee for approval before moving to the Board of Supervisors for approval. Respectfully Submitted, INFORMATION TECHNOLOGIES COMMITTEE Gary Lofton, Chairman Judith McCann -Slaughter Douglas McCarthy Quaiser Absar Todd Robertson By: Scott Varner, Director of Information Technology and MIS Minute Book 44 Board of Supervisors Closed Session & Regular Meeting of 6112119 County ofFredeffck, Virginia 331 Board of Supervisors Minutes of June 12, 2019 - Appendix 3 Development Impact Model — Oversight Committee (DIM-OC) COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday, May 9, 2019 at 9:00 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Development Impact Model — Oversight Committee meeting was held in the Public Works Department Conference Room at 107 North Kent Street on Thursday, May 9, 2019 at 9:00 a.m. ATTENDEES: Committee Members Present: Chuck DeHaven (BOS), Gary Lofton (BOS), Kris Tierney (County Admin.), Rob Frogale (NBA), Stephen Pettler (NBA). Committee Members Absent: Frank Wright (School Board), Roger Thomas (Planning Commission), Paige Manuel (Planning Commission). Staff Present: Mike Ruddy (Planning), Candice Perkins (Planning), Tyler Klein (Planning), Jay Tibbs (County Admin.), Rod Williams (County Admin.), Jason Robertson (Parks & Rec), Jon Turkel (Parks & Rec), AI Orndorff (FCPS), Kevin Kenney (FCPS & Planning Commission), Wayne Lee (FCPS). Others Present: Julie Herlands (Consultant, VP, Tischler-Bise), Colin McAweeney (Consultant, Tischler-Bise), Blaine Dunn (BOS), William Aikens (NBA). ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. Review and endorsement of the Capital Impacts Study and updated Development impact Model (see attachments). Frederick County has been working with Tischler-Bise to develop a Capital Impact Study and Model designed to evaluate the anticipated need for capital facilities based on growth and to determine the cost of those capital facilities to the County. Further, the model would determine the costto the County for mitigating the infrastructure impacts associated with re -zonings. This Capital Impacts Study will assist in ensuring the County's Cash Proffer Policy complies with latest Virginia Cash Proffer legislation. Staff and the consultant presented the draft final version of the Capital Impacts Study for Frederick County, Virginia to DIM -CC. The presentation covered what the model does and does not analyze and methodologies and cost analysis of cash proffer -eligible categories. Details and screenshots were provided of how the model will be used and Tischler-Bise went through an example of input and resulting impact. Following the presentation and informed discussion, DIM-OC moved to accept the Capital Impacts Study and implement the use of the Capital Impacts Model, effective July 1, 2019. This motion for approval was conditioned on an adjustment to the school component of the model to reflect the use of school attendance zones forthe attributable impact of a project on a school service area. Based on the Committee's direction, the model has been amended to update the school scenarios by attendance zone for each facility. Following the endorsement of DIM-OC, a motion from the Board of Supervisors is being sought to accept the Capital Impacts Study and implement the use of the Capital Impacts Model, effective July 1, 2019. ITEMS FOR INFORMATION ONLY None. Respectfully submitted, Development Impact Model — Oversight Committee By Mike Ruddy, AICP, Director— Planning and Development. Minute Book 44 Board of Supervisors Closed Session 9 Regular Meeting of 6112119 County of Frederick, Virginia