054-03
BOARD OF SUPERVISORS
RESOLUTION
ADOPTING THE MEMORANDUM OF UNDERSTANDING FOR THE
WINCHESTER-FREDERICK COUNTY METROPOLITAN PLANNING
ORGANIZATION
WHEREAS, the City of Winchester, the Town of Stephens City, and the County of
Frederick desire to enter into an agreement with the Commonwealth of Virginia in the formation of
a Metropolitan Planning Organization (MPO) to facilitate the identification and prioritization of
transportation needs; and
WHEREAS, the MPO is to be designated the Winchester-Frederick County MPO; and
WHEREAS, the MPO has designated the Northern Shenandoah Valley Regional
Commission as staff for the MPO; and
WHEREAS, the MPO has adopted a Memorandum of Understanding and asked the member
localities to do likewise.
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding for
the Winchester-Frederick County Metropolitan Planning Organization is hereby adopted.
Adopted by the Frederick County Board of Supervisors on the 23rd day of April, 2003, by
the following recorded vote:
Richard C. Shickle Aye Lynda 1. Tyler Aye
W. Harrington Smith, Jr. Aye Sidney A. Reyes Aye
Robert M. Sager Aye Margaret B. Douglas Aye
Gina A. Forrester Aye
A COpy TESTE:
John ~;k",k
Board of Supervisors
Resolution No.: 054-03
MEMORANDUM OF UNDERSTANDING
Continuing, Cooperative, And Comprehensive
Transportation Planning And Programming Process For The
City Of Winchester-Frederick County Urbanized Area
THIS AGREEMENT, made and entered into as of this 30t~ay of Ayri \
, 2003, by
and between the Commonwealth of Virginia - Secretary of Transportation, hereinafter
referred to as the "STATE"; the City of Winchester, acting as a local unit of government,
hereinafter referred to as the "CITY"; the County of Frederick, acting as a local unit of
government, hereinafter referred to as the "COUNTY"; and the Town of Stephens City, acting
as a local unit of government, hereinafter referred to as the "TOWN"; for the purpose of
identifying the roles and responsibilities of the Continuing, Cooperative, and Comprehensive
Transportation Planning and Programming Process in the City of Winchester-Frederick County
Urbanized Area of Virginia.
The STATE, the CITY, the COUNTY, and the TOWN shall participate in a Continuing,
Cooperative, and Comprehensive transportation planning and programming process, hereinafter
referred to as the '3-C' process, as defined in Section 134 of Title 23, United States Code;
Sections 5309, 5309(h), and 5303 of Federal Transit Laws (49 USC Chapter 53); 23 CFR,
Subchapter E, Parts 420 and 450; 49 CFR, Chapter VI, Part 613; and in accordance with the
constitution and statutes of the Commonwealth of Virginia to form the Metropolitan Planning
Organization, hereinafter referred to as the MPO.
All activities in the process shall be the responsibility of the MPO, a policy making body
acting at the designation of and on behalf of the Governor of the Commonwealth of Virginia, in
cooperation with the CITY, the COUNTY, the TOWN, and the STATE.
Win-Fred MPO Memorandum ofUnderst,mding
The STATE shall coordinate its responsibilities for transportation planning, programming
and implementation within the study area (as defined in ARTICLE I herein) with those of the
MPO as a function of its voting representation on the MPO and its involvement in the technical
staff activities in cooperation with the MPO, the CITY, the COUNTY, and the TOWN.
NOW, THEREFORE, the CITY, the COUNTY, the TOWN, and the STATE, agree as
follows:
ARTICLE I - GEOGRAPHIC SCOPE OF THE PROCESS
The transportation planning process shall, at a minimum, cover the existing urbanized
area as designated by the U.S. Bureau of the Census, and the contiguous geographic area
likely to be urbanized by the horizon year established by the MPO. The area shall hereinafter
be called the "METROPOLITAN STUDY AREA". This area shall include the City of Winchester
and portions of the County of Fredrick. The METROPOLITAN STUDY AREA boundary may be
adjusted upon mutual agreement between the MPO and State.
ARTICLE" - TIME FRAME OF THE PROCESS
The continuing, cooperative, and comprehensive transportation planning and
programming process shall be established on a continuing basis, effective the date of the
execution of this AGREEMENT by all participants The AGREEMENT shall terminate when:
1. Section 134, Title 23 U.S. Code, or Sections 5309, 5309(h), and 5303 of the Federal
Transit Act (49 USC Chapter 53, Federal Transit Laws), as amended, previously cited
herein, are repealed or amended by the Congress of the United States to no longer
require the continuing, cooperative, and comprehensive transportation planning and
programming process, or
Win-Fred 11PO Memorandum of Understanding
2
2. The CITY, the COUNTY, the TOWN, or the STATE withdraw from the continuing,
cooperative, and comprehensive transportation planning and programming process with
not less than ninety (90) days written notice to the other parties, or
3. The redesignation of the MPO by the local jurisdictions and the Governor of the
Commonwealth of Virginia.
ARTICLE III - FINANCING THE PROCESS
The responsibilities and work activities performed by the MPO shall be supported by
planning funds authorized by Section 104 (f) of Title 23, United States Code (PL funds), and by
Title 49, United States Code (Chapter 53) PL Funds and Transit Funds (Section 5303) shall be
allocated in accordance with the direction of the MPO. The use of PL Funds and Transit Funds
and other funding sources shall continue as additional monies are appropriated. Should all such
funds be discontinued, this AGREEMENT shall be terminated.
ARTICLE IV - AMENDMENTS
Amendments to this AGREEMENT may be made by written agreement among all parties
to this AGREEMENT.
ARTICLE V - METROPOLITAN PLANNING ORGANIZATION
The MPO Policy Board shall be composed of the following voting representatives, or their
alternates, designated by and representing their respective jurisdictions or agencies.
1. City of Winchester -- 3 representatives
2. Frederick County -- 3 representatives
3. Town of Stephens City -- 1 representative
Win-Fred l\-1PO Memorandum of Understanding
3
4. A STATE representative designated by and empowered to participate on behalf of the
Secretary of Transportation.
There shall also be one nonvoting representative designated by and representing each of
the following agencies.
1. Federal Highway Administration
2. Federal Transit Administration
3. Virginia Department of Rail and Public Transportation
4. Virginia Department of Aviation
The MPO shall elect a chairman and other officers as deemed appropriate. The MPO
shall establish rules of order. The MPO constituted herein shall remain in effect until such time
the local jurisdictions and the Governor of the Commonwealth of Virginia designate another
MPO or until the MPO is terminated in accordance with the provisions of this AGREEMENT.
ARTICLE VI- STATE AND FEDERAL REQUIREMENTS
All parties to the agreement shall comply with all applicable state and federal
requirements necessary to carry out provisions of agreement.
ARTICLE VII -AIR QUALITY
All applicable federal and/or state regulations pertaining to air quality shall be adhered to.
Winwfred MPO Memorandum of Understanding
4
IN WITNESS WHEREOF, all concerned parties have executed this AGREEMENT on the
day and year first written above.
ATTESTED:
ATTESTED:
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ATTESTED:
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ATTESTED:
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COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER
By: tvL~
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COUNTY OF FREDERICK
BY~{-
TOWN OF STEPHENS CITY
By:
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Review by Commonwealth of Virginia Attorney General's Office
Date: r-J j A
I
\Vin-Fred MPO Memorandum of Understanding
5
COUNTY of FREDERICK
Kris C. Tierney
Assistant County Administrator
540/665-5666
Fax 540/667-0370
E-mail:
ktiemey@co.frederick.va.us
I MEMORANDUM I
TO:
Board of Supervisors
Kris C. Tierney, Assistant County Administrato~/
Resolution of Support for Metropolitan Planning Organization Memorandum of
Understanding
FROM:
RE:
DATE:
April 14, 2003
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The Winchester-Frederick County Metropolitan Planning Organization (MPO) has recommended
adoption of the attached Memorandum of Understanding (MOU), which has been reviewed by the
Virginia Department of Transportation staff. The MPO has also created and appointed members of
a Technical Advisory Committee which held their first meeting on April 7,2003. Both groups have
begun discussions of the appropriate boundary for the MPO study area and the required Annual
Work Program. The groups have each scheduled future meetings in an effort to finalize these items
prior to the May deadline.
Attached for the board's consideration is a resolution in support of the MOU between Frederick
County, the City of Winchester, the Town of Stephens City, and the Commonwealth's Secretary of
Transportation.
Attachments: as stated
C:\C1t\2003Cor\KCT\Mcmo\BOSMP041403.wpd
107 North Kent Street. Winchester, Virginia 22601-5000
Win-Fred" Metropolitan
PI. . .ning Organization
103 East 6th Street
Front Royal, Virginia 22630
Phone: 540-636-8800
Fax: 540-635-4147
E-mail: nsvrc@shentel.net
Policy Committee
Chair:
Ricbard C. Shickle
Frederick County
Vice-Chair:
Jeffrey B. Buetter
City of Win cheSler
Secretary/ Treasurer:
Stephen W. Kerr
NSVRC
City of Winchester:
.( 1'. Burke
Cu-.:ilMember
. Ed..... C. DlOIey
City Manager
"Jeffrey B. BuettDer
Council Member
Frederick County:
"Rithanl c. Shickle
Boord of Supervisors
"John R. Riley, Jr.
Count)' Administrator
.Lynda J. Tyler
Board ofSupennsors
Stephens City:
.Michael K. Kehoe
Town Administratorl Engineer
VDOT:
"Dennis C. Morrison
Distnc/ Administrator
VL Dept. of Rail & Public Trans.:
Darrel M. Feasel, CTP A
Small Urban & Rural Section Mgr.
Federal Highway Admiuistration:
Ivan P. Rae.....
Community Planner
F..t\eral Transit Administration:
:I. A. KlIIIlpC
Trrmsporlation Program Specialist
" Denotes Volin: Members
65~fb
Date:
MEMORANDUM
April 8, 2003
To:
John R Riley,' Jr., County Administrator, Frederick CountY!
Edwin C. Daley, City Manager, City of Winchester .
Michael Kehoe, Town ManagerlEngineer, Town of Stephens City
AW:~
Stephen W. Kerr, Secretary-Treasurer
Win-Fred MPO
From:
Subject:
Execution of Memorandum of Understanding (MOD)
Attached is a revised copy of the Memorandum of Understanding that was
adopted by the Win-Fred MPO at their meeting held on March 26,2003. Please
have your respective board/council review this revised MOU and approve it at
their earliest convenience. Please try to take action on this MOD prior to May 1,
2003. Once it has been adopted by your respective board/council, please let me
know so I can make arrangements to have the master document signed.
Thank you for your assistance in this matter. If you have any questions or desire
additional information, please do not hesitate to contact me.
Enclosure
cc: Richard C. Shickle, Chairman, MPO Policy Committee
Michael Gray, District Planner, Staunton District, \!DOT
Ben Mannell, Transportation & Mobility Planning Division, \!DOT