064-09BOARD OF SUPERVISORS
RESOLUTION OF SUPPORT
ECONOMIC DEVELOPMENT ACCESS ROAD FUNDS — Carroll Industrial Park
& Ebert Road (State Route 837)
At a regularly scheduled meeting of the Frederick County Board of Supervisors held on
May 13, 2009 on a motion by Charles S. DeHaven, Jr. , seconded by
Gary W. Dove , the following resolution was adopted by a vote of
to 0
WHEREAS, the Frederick County Board of Supervisors desires to facilitate the industrial
development of property located in Frederick County; and
WHEREAS, this property is expected to be the site of new private capital investment in
land, building, and manufacturing equipment which will provide substantial employment;
and
WHEREAS, the existing public road network does not provide for adequate access to this
property and it is deemed necessary that improvements be made to Ebert Road (Route
837); and
WHEREAS, Frederick County hereby guarantees that the necessary environmental
analysis, mitigation, and fee simple right of way for this improvement and utility
relocations or adjustments, if necessary, will be provided at no cost to the Economic
Development Access Fund; and
WHEREAS, Frederick County acknowledges that the State Environmental Review
Process (SERP) must be completed prior to any construction activity on this project as a
condition of the use of the Economic Development Access Fund; and
WHEREAS, Frederick County hereby guarantees that all ineligible project costs and all
costs not justified by eligible capital outlay will be provided from sources other than
those administered by the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED THAT: The Frederick County Board of
Supervisors hereby requests that the Commonwealth Transportation Board provide
Economic Development Access Program funding to provide an adequate road to this
property; and
BE IT FURTHER RESOLVED THAT: Frederick County hereby agrees to provide a
surety or bond, acceptable to and payable to the Virginia Department of Transportation,
in the full amount of the cost of the road; this surety shall be exercised by the Department
of Transportation in the event that sufficient qualifying capital investment does not occur
on parcels 43 -21 -1, 43 -21 -2, 43 -21 -3, 43 -21 -4 , 43 -21 -5, 43 -21 -6, 43 -21 -7, 43 -21 -8 and
43 -21 -9 , within five years of the Commonwealth Transportation Board's allocation of
funds pursuant to this request; and
BE IT FURTHER RESOLVED THAT: the Frederick County Board of Supervisors
hereby agrees that the new roadway so constructed will be added to and become a part of
the secondary system of state highways.
VOTE:
Richard C. Shickle A ye Bill M. Ewing Aye
Gene E. Fisher A y e Philip A. Lemieux Aye
Charles S. DeHaven, Jr. Aye Gary A. Lofton Aye
Gary W. Dove Aye
/ ezx__,_
Jo R iley, Jr., Clerk, Board of Supervisors,
Couhfy of Frederick, Virginia
Resolution No.: 064 -09
COUNTY of FREDERICK
Nw John R. Riley, Jr.
County Administrator
540/665 -5666
May 14, 2009 Fax 540/667 -0370
E -mail:
jriley @co.frederick.va.us
Jerry A. Copp
Resident Engineer
Virginia Department of Transportation
14031 Old Valley Pike
Edinburg, VA 22824
Dear Jerry:
The Frederick County Board of Supervisors, meeting in regular session on May 13,
2009, approved the enclosed Resolution of Support — Economic Development Access
Road Funds — Carroll Industrial Park & Ebert Road (State Route 837).
Should you have any questions, please do not hesitate to contact me.
With kindest regards, I am
Sin
n R. Riley, Jr.
Inty Administrator
JRR /tjp
Enclosure
cc: Patrick Barker, Economic Development Commission Director
John A. Bishop, AICP, Deputy Director - Transportation
C:\ TJP\ vdot\ LetCoppJ erry( CarroII Ind Park &EbertRoad)(051309BdMtg).docx
107 North Kent Street • Winchester, Virginia 22601