September 25 2019 Regular Meeting Minutesg1 1
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, SEPTEMBER 25, 2019
7:00 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; J. Douglas McCarthy and Robert W. Wells were
present. Shannon G. Trout was 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; Tyler Klein, Planner;
Scott Varner, Director of Information Technologies; Sharon Kibler, Assistant Director of Finance;
Patrick Barker, EDA Executive Direct; Jason Robertson, Director of Parks and Recreation; Jon
Turkel, Assistant Director of Parks and Recreation; Dennis Linaburg, Fire & Rescue Chief; Steve
Majchrzak, Assistant Fire & Rescue Chief; and Ann W, Phillips, Deputy Clerk to the Board of
Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
INVOCATION
Supervisor McCarthy delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Lofton fed the Pledge of Allegiance.
ADOPTION OF AGENDA — APPROVED
Upon motion of Supervisor Slaughter, seconded by Vice Chairman Lofton, the agenda was
adopted on a voice vote.
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Board of Supervisors Regular Meeting of September 2S, 2019
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92
RECOGNITION OF BOY SCOUT TROOP 159
Chairman DeHaven recognized the attendance of members of Boy Scout Troop 159 from
Macedonia Church, Stephens City.
CITIZENS COMMENTS - None
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 Shannon G. Trout Absent
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
- Minutes: Closed Session & Regular Meeting of 9.11-19 - CONSENT AGENDA APPROVAL
- Finance Committee Report of 9-18-19 - CONSENT AGENDA APPROVAL Appendix 1
- Parks & Recreation Commission Report of 9.10.19 - CONSENT AGENDA APPROVAL, Appendix 2
- Request by the Alliance for the Shenandoah Valley for Letter of Support for State Cost -
Share Funding -CONSENT AGENDA APPROVAL
- Request from Commissioner of the Revenue for Refund and Corresponding
Supplemental Appropriation - CONSENT AGENDA APPROVAL
Denny's Inc. - $2,521.98
- Reauest to Schedule Public Hearinq on Proposed Revisions to the Articles of
Incorporation of Frederick Water- CONSENT AGENDA APPROVAL
- Parks & Recreation Commission's Buildings and Grounds Committee proposes bringing
forth the current names of the Clearbrook ballfields (Frey, Franklin, Roper, Cole) to
the new Stephenson Road ballfields - CONSENT AGENDA APPROVAL
- Resolution Addin_ Quincy Mill Court to the Secondary System of State Hi hways-
CONSENT AGENDA APPROVAL
WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by
reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and
WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this
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Board of Supervisors Regular Meeting of September 25, 2019
County of Frederick, Virginia
93
Board that the streets meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation; and
WHEREAS, the County and the Virginia. Department of Transportation have entered into an
agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for
addition; and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of
Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state
highways, pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements;
and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as
described, and any necessary easements for cuts, fills and drainage; and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the
Resident Engineer for the Virginia Department of Transportation
Street Name and/or Route Number: Quincy Mill Court, State Route Number 1608
Old Route Number: 0
From: Route 1665, Riley Mill Lane
To: 0.17 mile southwest of Route 1665, Riley Mill Lane, a distance of: 0.17 miles.
Recordation Reference: Instrument #080004902, Page 0187
Right of Way width (feet) = 50'
..... +.++t+++.
BOARD OF SUPERVISORS COMMENTS - None
COUNTY OFFICIALS:
INTRODUCTION OF STEVE MAJCHRZAK, ASSISTANT FIRE CHIEF OF THE FREDERICK
COUNTY FIRE AND RESCUE DEPARTMENT
Chief Dennis Linaburg thanked the Board and County Administrator Kris Tierney for
making the appointment of an Assistant Chief possible and introduced newly hired Assistant Chief
Steve Majchrzak.
COMMITTEE APPOINTMENTS:
MARK GAYLOR REAPPOINTED TO HANDLEY REGIONAL LIBRARY BOARD - APPROVED
On motion of Supervisor McCarthy, seconded by Vice Chairman Lofton, Mark Gaylor
was reappointed to the Handley Regional Library Board for a four-year term ending November 30,
2023. The motion carried on a voice vote.
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Board of Supervisors Regular Meeting of September 25, 2019
County of Frederick, Virginia
REQUEST FROM FREDERICK COUNTY PUBLIC SCHOOLS TO PARTICIPATE IN VPSA
BOND SALE IN THE AMOUNT OF $3.2 MILLION FOR REPLACEMENT ROBERT E. AYLOR
MIDDLE SCHOOL AND FOR SCHEDULING A PUBLIC HEARING ON THE MATTER -
APPROVED
Deputy County Administrator Jay Tibbs said the Board of Supervisors, at is July 10,
2019 meeting, approved the appropriation of the additional $3.2 million, and Frederick County
Public Schools is seeking to obtain the $3.2 million through the VPSA bond sale program. He said
the first step in this process is for the governing body of the locality to authorize a public hearing
on the authorization of the borrowing, adding that the request before the Board is to schedule a
public hearing at its October 23, 2019 meeting.
On motion of Supervisor Slaughter, seconded by Supervisor McCarthy, and carried
on a voice vote the Board approved setting the public hearing.
.....++.+++f++
COMMITTEE BUSINESS:
FINANCE COMMITTEE
Supervisor Slaughter moved for approval of the following;
The Purchasing Manager requests an update to the County's Purchasing Policy to be
effective November 1, 2019. The changes are permitted under the Virginia Public Procurement Act
(VPPA) and include the following; a. Increase the verbal quote minimum from $1,500 to $2,000;
b. Increase the purchase order minimum from $2,500 to $5,000; and c. Increase the formal
solicitation minimum from $50,000 to $70,000. 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 Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
Supervisor Slaughter moved for approval of the following; The Sheriff requests a General
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Board of Supervisors Regular Meeting of September 25, 2019
County of Frederick, Virginia
Fund supplemental appropriation in the amount of $25,834,85. This amount represents a carry forward of
unspent FY2019 funds for the purchase of a replacement vehicle. 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 Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
Supervisor Slaughter moved for approval of the following: The IT Director requests a General
Fund supplemental appropriation in the amount of $56,000, This amount represents PEG funds to update
the presentation equipment in the BOS meeting room. This item was originally approved by the BOS
Technology Committee in May 2017. 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 Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
Supervisor Slaughter moved for approval of the following: The EDA Executive Director
requests an EDA_ Fund_ supp
demental appropriation in the amount of $3 000, This amount represents
donations received in FY2019 from local business to provide scholarships to the 2019 Employer Expo
participants. Supervisor McCarthy seconded the motion which carried on a roll call vote as follows:
Blaine P. Dunn Aye
Gary A, Lofton Aye
J. Douglas McCarthy Aye
Judith McCann -Slaughter Aye
Shannon G. Trout Absent
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
Supervisor Slaughter moved for approval of the following: The Parks & Recreation Director
requests a General Fund supplemental appropriation in the amount of $50,000 (pending grant award) in
order to apply far a PeopleForBikes grant in the amount of $10,000 with a $40,000 match requirement to be
met with Parks proffer funds. Supervisor Wells 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 Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
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Board of Supervisors Regular Meeting of September 25, 20 f 9
County of Frederick, Virginia
Supervisor Slaughter moved for approval of the following including setting a public hearing;
The Finance Director presents FY 2019 Year End financial information and requests a General Fund and
County Capital Fund supplemental appropriation in the amount of $4,604,520. This amount represents
General Fund fund balance in excess of 20% to be transferred to the Capital Fund. A public hearing is
required. Supervisor McCarthy seconded the motion which carried on a roll call vote as follows:
Blaine P. Dunn Aye
Gary A. Lofton Aye
J. Douglas McCarthy Aye
Judith McCann -Slaughter Aye
Shannon G. Trout Absent
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
++.+++++++++++
PUBLIC HEARINGS — NON PLANNING ISSUES
fF WAVELAND FARM
—WEDDINGS - APPROVED
Mr. Tierney provided background on the outdoor festival permit request saying the
applicant is requesting the festival permitforthree upcoming events after being denied a conditional
use permit for an event center, He noted there had been some complaints received in the Planning
Department that had not been pursued while the Applicant was seeking the conditional use permit.
The Board and staff discussed the timeline of when events were held and when the permit
was applied for, noting that events have been held after denial of the conditional use permit.
The Applicant, Cynthia Layman, said the request for an event center permit was started in
2018 and time was spent to purchase an easement from a neighbor allowing access to her
property. She said her understanding was that she could hold events without a permit if attendance
was less than 100, adding that she coordinates traffic control with the Sheriffs Department.
Supervisor McCarthy noted displeasure that events had been held after denial of the
conditional use permit,
Chairman DeHaven opened the public hearing.
Thomas Hills, Back Creek District, said his property adjoins the Applicant's property and
he has found no disruption or noise during events. He said having an event center to help the
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Board of Supervisors Regular Meeting of September 25, 2019
County of Frederick, Virginia
preservation of farmland is admirable.
Pam Simmers, Back Creek District, said there has not been a noise issue. She noted the
Applicant takes care of the property and she said she is in support of the festival permit.
Dudley Rinker, Back Creek District, said he was opposed to the conditional use permit
and is opposed to this festival permit also.
Debbie Ramey, Back Creek District, said she is the sister of the Applicant and spoke in
favor of the festival permit.
The Applicant, Cynthia Layman, said while she has not received any complaints, she
would be willing to work with any neighbors if there should be an issue.
Chairman DeHaven closed the public hearing.
Vice Chairman Lofton moved to approve the festival permit. Supervisor McCarthy
seconded the motion.
Supervisor McCarthy moved to amend the motion with a limit of 100 attendees per event.
There was no second to the motion to amend.
Vice Chairman Lofton said the entrance issue has been resolved and he has heard no
complaints about events on the property.
Supervisor Wells noted the difficulty controlling the number of event attendees, adding that
he has not heard any complaints about the property. He expressed disappointment that events
were held after denial of the conditional use permit.
Supervisor McCarthy said he hopes no additional events, other than the three currently
being requested, will be held without a conditional use permit.
Supervisor Dunn noted his disappointment that events were held after the permit denial.
He said traffic is a big issue and moved for amending the motion to allow only the first event listed
in the request. There was no second to the motion to amend.
Chairman DeHaven said he hoped the Board would see a conditional use permit granted
before any further events are scheduled on the property.
The motion in favor of approving the permit carried on a roll call vote as follows;
Blaine P. Dunn No Shannon G. Trout Absent
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter No
Minute Book 45
Board of Supervisors Regular Meeting of September 15, 2019
County of Frederick, Virginia
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PLANNING COMMISSION BUSINESS — PUBLIC HEARINGS — None
PLANNING COMMISSION BUSINESS — OTHER PLANNING BUSINESS
PROPOSED ORDINANCE AMENDMENT — PUBLIC UTILITIES INCLUDING UTILITY -SCALE
SOLAR POWER GENERATING FACILITIES — FORWARDED TO PLANNING COMMISSION
PUBLIC HEARING
Planner Tyler Klein explained the proposed amendment saying during 2018, the
Board of Supervisors considered a stand-alone Zoning Ordinance text amendment to add a
definition and specific supplemental use regulations for "Solar (Photovoltaic) Energy Facilities".
Under the 2018 draft amendment, solar energy facilities would have required an approved
conditional use permit (CUP) prior to the establishment of the use. He said the Board directed Staff
to provide additional information regarding the removal of equipment when a solar facility is no
longer in operation (i.e. decommissioning). Mr. Klein continued saying the County Attorney and
staff subsequently provided a determination that utility -scale solar power generating facilities would
qualify as public utility facilities under the County's existing by -right allowance for "public utility"
facilities in various County zoning districts, including the RA (Rural Areas) Zoning District. He said
specifically, under applicable state law, utility -scale solar power generating facilities qualify as
"public utility" facilities, and that the currently proposed amendment was prepared to be consistent
with the above determination. Mr, Klein said, in addition, the General Assembly amended the Code
of Virginia (§15,2-2241.2), effective July 1, 2019, to require financial arrangements for the
decommissioning of solar energy facilities, and to address this legislation, staff has prepared the
additional regulations for the specific uses section of the proposed amendment. He said staff is
seeking direction from the Board of Supervisors on whether to forward this Zoning Ordinance text
amendment for public hearings.
The Board and staff discussed the proposal, On motion of Supervisor Dunn,
seconded by Vice Chairman Lofton, the proposed ordinance amendment was sent to the Planning
Commission for public hearing on a roll call vote as follows;
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Board of Supervisors Regular Meeting of September 25, 2019
County of Frederick, Virginia
99
Blaine P. Dunn Aye Shannon G. Trout Absent
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
PROPOSED ORDINANCE AMENDMENT — CONDITIONAL USE IN THE RA (RURAL AREAS
ZONING DISTRICT — FORWARDED TO PLANNING COMMISSION PUBLIC HEARING
Planner Tyler Klein explained the proposed amendment saying the Board of
Supervisors directed the Planning Commission to evaluate the CUP process and those listed
conditional uses to ensure that the uses, and scale of the uses, are appropriate for the zoning
district in which they are allowed. He said this is a proposed amendment to Chapter 165 — Zoning
Ordinance to:
1. Further define the conditional use country general store to exclude all fuel sales and cap
the square footage allowed at 3,500 square feet (SF);
2, Provide additional regulations for specific uses (country general store);
3. Eliminate, combine, and refine certain conditional uses; and
4. Codify certain Zoning Determinations relating to home occupations, cottage
occupations, and kennels to reduce the number of Conditional Use Permit (CUP)
applications.
The Board and staff discussed specific instances causing this review as including the
definition of a general store and also discussed the elimination of fruit packing plants from the
approved uses as they fall under agricultural uses.
On motion of Supervisor McCarthy, seconded by Supervisor Wells, the proposed
ordinance amendment was sent to the Planning Commission for public hearing on a voice vote.
BOARD LIAISON REPORTS
Supervisor Dunn noted that the Regional Commission and member localities are working
jointly to address recycling issues which are affecting all jurisdictions.
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Board of Supervisors Regular Meeting of September 25, 2019
County of Frederick, Virginia
100
CITIZEN COMMENTS — None
BOARD OF SUPERVISORS COMMENTS
Supervisor Dunn noted the recent exhibit opening at the Third Battle of Winchester
battlefield and recognized contributions of citizens made for the greater good of the community.
r-1-13141110
On motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, the meeting was
adjourned at 8:00 p.m.
Charles S. DeHaven, Jr.
Chairman, Board of Supervisors
'Kilk. Tie
Clerk, E(oar of Supe ors
Minutes Prepared By:
Ann W. Phillips
Deputy Clerk, Board of Supervisors
Minute Book 45
Board of Supervisors Regular Meeting of September 2S, 2019
County of Frederick, Virginia
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Board of Supervisors Minutes of September 25, 2019 - Appendix 1
FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS
Wednesday, September 18, 2019
8:00 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on
Wednesday, September 18, 2019 at 8:00 a.m.
ATTENDEES:
Committee Members Present: Judith McCann -Slaughter, Chairman; Charles DeHaven;
Gary Lofton; and non -voting liaisons William Orndoff, Treasurer; and Ellen Murphy,
Commissioner of the Revenue.
Committee Members Absent: Jeffrey Boppe; and Angela Rudolph -Wiseman.
Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director;
Kris Tierney, County Administrator; Rod Williams, County Attorney; Steve Hawkins, Sheriff
Major; Jason Robertson, Parks & Recreation Director; Jon Turkel, Parks & Recreation Assistant
Director; Patrick Barker, EDA Director; Patrick Fly, GIS Manager; and Missi Neal, Purchasing
Manager.
Others present: none.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1, The Purchasing Manager requests an update to the County's Purchasing Policy to be effective
November 1, 2019. The changes are permitted under the Virginia Public Procurement Act
(VPPA) and include the following:
a. Increase the verbal quote minimum from $1,500 to $2,000;
b. Increase the purchase order minimum from $2,500 to $5,000; and
c. Increase the formal solicitation minimum from $50,000 to $70,000,
See the attached information, p. 3 — 6. The committee recommends approval.
2. The Sheriff requests a General Fund supplemental appropriation in the amount of 25 834.85.
This amount represents a carry forward of unspent FY2019 funds for the purchase of a
replacement vehicle. See attached memo, p. 7. The committee recommends approval.
3. The IT Director requests a General Fund su lemental appropriation in the amount of $56,000,
This amount represents PEG funds to update the presentation equipment in the BOS meeting
room. This item was originally approved by the BOS Technology Committee in May 2017. No
local funds are required. See attached information, p, 8-9. The committee recommends
approval.
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Board of Supervisors Regular Meeting of September 2S, 2019
County of Frederick, Virginia
102
4, The EDA Executive Director requests an EDA Fund supplemental appropriation in the amount of
3 000. This amount represents donations received in FY2019 from local business to provide
scholarships to the 2019 Employer Expo participants, No local funds required. See attached
memo, p. 10. The committee recommends approval.
5. The Parks & Recreation Director requests a General Fund supplemental appropriation in the
amount of $50,000 (pending grant award) in order to apply for a PeopleForBikes grant in the
amount of $10,000 with a $40,000 match requirement to be met with Parks proffer funds. No
local funds required. See attached memo, p. 11-12. The committee recommends approval.
6. The Finance Director presents FY 2019 Year End financial information and requests a General
Fund and County Capital Fund supplemental appropriation in the amount of 4 504 520. This
amount represents General Fund fund balance in excess of 20% to be transferred to the Capital
Fund. A public hearing is required. See attached information, p. 13 — 26. The committee
recommends forwarding the item to public hearing.
INFORMATION ONLY:
1. The Finance Director provides a Fund 10 Transfer Report for August 2019. See attached, p. 27.
2. The Finance Director provides financial statements ending August 31, 2019. See attached,
p. 28 — 38.
3. The Finance Director provides an FY 2019 Fund Balance Report ending September 13, 2019.
See attached, p. 39.
Respectfully submitted,
FINANCE COMMITTEE
Judith McCann -Slaughter, Chairman
Charles DeHaven
Gary Lofton
Bye! r-f xv
Cheryl B. Shiffler, Finance Director
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Board of Supervisors Regular Meeting of September 25, 20 19
County of Frederick, Virginia
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Board of Supervisors Minutes of September 25, 2019 - Appendix 2
PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS
Wednesday September 25, 2019
7:00 p.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
To: Jay Tibbs, Deputy County Administrator for Human Services
From: Jason L. Robertson, Director, Parks & Recreation Dept.
Date: September 11, 2019
Subject: Parks and Recreation Commission Action
The Parks and Recreation Commission met on September 10, 2019. Members present were:
Guss Morrison, Natalie Gerometta, Gary Longerbeam, Amy Strosnider, Christopher Fordney
Charles Sandy, Jr., Ronald Madagan, and Randy Carter, Mr. Robert Well (non -voting Board
Liaison).
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1, The Buildings and Grounds Committee made a motion to bringforth the current
names of the Clearbrook ballfields (Frey, Franklin, Roper, Cole) to the new Stephenson
Road ballfields and give the existing ballfield signs to the honored families or
businesses, seconded by Mrs. Strosnider, carried unanimously (8-0).
ITEMS SUBMITTED FOR INFORMATION ONLY
Mr. Madagan made a motion to apply for the PeopleForBikes grant, seconded by Mr.
Longerbeam, carried unanimously (8-0). This recommendation will be forwarded to
the Finance Committee prior to requiring Board of Supervisor action.
2. Mr. Madagan made a motion to utilize proffer funds in the amount of $40,000
contingent upon grant award, seconded by Mr. Morrison, carried unanimously (8-0).
This recommendation will be forwarded to the Finance Committee prior to requiring
Board of Supervisor action.
3. The Building and Grounds Committee made a motion to accept standardized signs for
the entrances to all parks similar to the existing Rose Hill and Frederick Heights Park
signs, seconded by Mrs. Gerometta, carried unanimously (8-0).
Cc: Charles R. Sandy, Chairman
Robert Wells, Board of Supervisors' Non -Voting Liaison
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Board of Supervisors Regular Meeting of September 25, 2019
County of Frederick, Virginia