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HomeMy WebLinkAboutNovember 08 2017 Board_Agenda_PacketAGENDA CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, NOVEMBER 8,2017 6:15P.M., 7:00P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 6:15P.M. -Closed Session: There will be a Closed Session pursuant to Section 2.2-3711, Subsection A(3) and (8),of theCode of Virginia, 1950, as amended, for discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategyof the public body and forconsultation withlegal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. 7:00 P.M. Regular Meeting -Call To Order Invocation Pledge of Allegiance Adoption of Agenda: Pursuant to established procedures, the Board should adopt the Agenda for the meeting. Consent Agenda: (Tentative Agenda Items for Consent are Tabs: C and D) Citizen Comments(Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments County Officials: AGENDA CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, NOVEMBER 8,2017 PAGE 2 1.Presentation of Resolutions of Appreciation for Retirees with 25 or More Years of Service with Frederick County: a. b.Karl H. Steudl (See Attached)A 2.Committee Appointments. ------------------------------------------- 3.Resolution and Performance Agreement for Navy Federal Credit Union. (See Attached)B ------------------------------------------------------------------------------- 4.Resolution to Authorize the County Administrator to Execute an Addendum to the Northern Shenandoah Valley Substance Abuse Coalition MOU for the (See Attached)C Use of the Timbrook House. ---------------------------------------- Committee Reports: (See Attached)D 1.Public Works Committee. -------------------------------------------- (See Attached)E 2.Transportation Committee. ------------------------------------------ Public Hearing: 1.Twelve Month Outdoor Festival Permit Request of Belle Grove Plantation. Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3, Permit Required; Application; Issuance or Denial; Fee; Paragraph D, Twelve Month Permits. All Events to be Held on the Grounds of Belle Grove Plantation, 336 Belle Grove Road, Middletown, Virginia. Property Owned by the National Trust for Historic Preservation. (See Attached)F ------------------------------------------------------------------------------- 2.Proposed Conveyance to the Frederick County Sanitation Authority, d/b/a Frederick Water, of an Easement Over an Area of Approximately 134,171.75 Square Feet (3.08 acres), the Easement Area Being Over a Portion of Tax Parcel Number 33-A-162B Owned by the County. (See Attached)G ------------------------------------------------------------------------------- 3.Proposed Amendments to the Frederick County Code, Chapter 155 Taxation, Article III Senior Citizens and Disabled Persons Exemption and Deferral, Sections 155-16, 155-18, 155-19, and 155-21.The Proposed Amendments Would Permit Submission of Affidavits or Written Statements AGENDA CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, NOVEMBER 8, 2017 PAGE 3 in Support of Applications Under the Program, Update Ownership Requirements to Correspond with Changes to State Law, and Make Minor (See Attached)H Technical Amendments. --------------------------------------------- 4. Proposed Dissolution and Termination of the Russell 150 Community Development Authority. The Board of Supervisors of the County of Frederick. Virginia (The "County") will Hold a Public Hearing in Accordance with Section 15.2-5156 of the Code of Virginia, 1950, as Amended, on the Proposed Dissolution and Termination of the Russell 150 Community Development Authority (The "CDA") and a Repeal of the March 9, 2005 Ordinance that Authorized the Creation (See Attached)I of the CDA. -------------------------------------------------------------- Planning Commission Business: (See Attached)J 1. Master Development Plan #05-17 of Abrams Chase. -------- Board Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjourn DATE: November 2, 2017 TO: Frederick County Board of Supervisors FROM: Patrick Barker, CEcD Executive Director CC: Kris Tierney County Administrator RE: Performance Agreement for NAVY FEDERAL CREDIT UNION Attached please find a resolution and performance agreement for CREDIT UNION. As you recall, NAVY FEDERAL CREDIT UNION will expand its operation in Frederick County. They will make an $100 million investment through a building expansion have reviewed and approved the performance agreement. Staff is seeking Board approval of the performance agreement and resolution. Thanks for your support on this project. I am available if you h materials for this project. Attachment: COMMONWEALTH’S DEVELOPMENT OPPORTUNITY FUND PERFORMANCE AGREEMENT th PERFORMANCE AGREEMENT This made and entered this 8dayofNovember COUNTY OFFREDERICK, VIRGINIA 2017by and among the(the “Locality”),a political CommonwealthNAVY FEDERAL subdivision of the Commonwealth of Virginia (the “”), CREDIT UNIONCredit Union (the “”), a federally chartered credit union, and the ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIAAuthority (the “”), a political subdivision of the Commonwealth. WITNESSETH: WHEREAS, the Locality has been awarded a grant of and expects to receive $2,000,000 COF Grant from the Commonwealth’s Development Opportunity Fund (a “”) through the VEDP Virginia Economic Development Partnership Authority (“”) for the purpose of inducing the Credit Unionto expand, equip, improve, and operateits support and service operations center Facility located in the Locality (the “”),thereby making a significant Capital Investment, and creating and Maintaining a significant number of New Jobs, as such capitalized terms are hereinafter defined; WHEREAS, the Locality is willing to provide the funds to the Authority with the expectation that the Authority will provide the funds to or for the use of the Credit Union, provided that the Credit Union promises to meet certain criteria relating to Capital Investment and New Jobs; WHEREAS, the Locality wishes to make a Local Economic Development Incentive Grant LEDIG from its Financial Investment Fund in the amount of $2,000,000(the “”)through the Authority to the Credit Union for the purpose of inducing the Credit Union to expand, equip, improve,and operate the Facility, thereby making a significant Capital Investment, and creating and Maintaining a significant number of New Jobs; WHEREAS, the Locality, the Authority and the Credit Uniondesire to set forth their understanding and agreement as to the payout of the COF Grant and the LEDIG(together, the “Grants”),the use of the proceeds of the Grants, the obligations of the Credit Union regarding Capital Investmentand New Jobs, and the repayment by the Credit Unionof all or part of the Grantsunder certain circumstances; WHEREAS, the expansion, equipping, improvement, and operation of the Facility will entail a capital expenditure by or on behalf of the Credit Unionof approximately $100,000,000, of which approximately $15,000,000will be invested in furniture, fixtures and equipment,and approximately $85,000,000will be invested in the construction of a new building; WHEREAS, the expansion, equipping, improvement, and operation of the Facility will further entail the creation and Maintenance of 1,400 New Jobs at the Facility; and NFCU-Frederick COF Performance Agreement FINAL1 WHEREAS, the stimulation of the additional tax revenue and economic activity to be generated by the Capital Investmentand theNew Jobs constitutes a valid public purpose for the expenditure of public funds and is the animating purpose for each of the Grants: NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. Section 1. Definitions. For the purposes of this Agreement, the following terms shall have the following definitions: Capital Investment “” means a capital expenditure by or on behalf of the Credit Unionin taxable real property, taxable tangible personal property, or both, at the Facility, excluding existing real property improvements.The purchase or lease of furniture, fixtures, machinery and equipment, including under an operating lease, by or on behalf of the Credit Unionwill qualify as Capital Investment. The Capital Investment must be in addition to the capital improvements at the Facility as of October 1, 2016. The total expected capital expenditure of $100,000,000 is referred to in this Agreement as the “Capital Investment.” Maintain “” means that the New Jobs will continue without interruption from the date of creation through thePerformance Date. Positions for the New Jobs will be treated as Maintained during periods in which such positions are not filled due to (i) temporary reductions in the Credit Union’s employment levels (so long as there is active recruitment for open positions), (ii) strikes, and (iii) other temporary work stoppages. New Job “” means new permanent full-time employment of an indefinite duration at the Facility for which the standard fringe benefits are provided by the Credit Unionfor the employee, and for which the Credit Unionpays an average annual wage of at least$60,314(W-2 wages, including without limitation, any annual Partners In Performance (“PIP”) bonus). Each New Job must require a minimum of either (i) 35 hours of anemployee’s time per week for the entire normal year of the Credit Union’s operations, which “normal year” must consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth, and positions with construction contractors, vendors, suppliers and similar multiplier or spin-off jobs shall not qualify as New Jobs. The New Jobs must be in addition to the1,408full-time jobs at the Facility as ofOctober 1,2016. Performance Date “” meansDecember 31, 2022.The Performance Date shall not be subject to extension. Targets “” means the Credit Union’s obligations to make Capital Investments at the Facility of at least $100,000,000and to create and Maintain at least 1,400New Jobsat the Facility, all as of the Performance Date. NFCU-Frederick COF Performance Agreement FINAL2 Virginia Code “” means the Code of Virginia of 1950, as amended. Section 2. Targets; Statutory Criteria. (a)Targets: The Credit Unionwillexpand, equip, improve,and operate the Facility in the Locality, make Capital Investments at the Facility of at least $100,000,000,andcreate and Maintainat least 1,400New Jobsat the Facility,all as of the Performance Date. (b)Encouragement toOffer New Jobs to Residents of the Commonwealth: The Locality and the Authority hereby strongly encourage the Credit Union toensure that at least 30% of the New Jobs are offered to “Residents” of the Commonwealth, as defined in Virginia Code Section 58.1-302. In pertinent part, that definition includes natural persons domiciled in Virginia or natural persons who, for an aggregate of more than 183 days of the year, maintained a place of abode within the Commonwealth, whether domiciled in the Commonwealth or not. (c)Prevailing Wage; Unemployment and Poverty Rates:The average annual wage of the New Jobs of at least $60,314ismore than the prevailing average annual wage in the Locality of $41,662. The Locality is nota high-unemployment locality, with an unemployment rate for 2015, which is the last year for which such data is available, of 4.0%as compared to the 2015 statewide unemployment rate of 4.4%. The Localityis nota high-poverty locality, with a poverty rate for 2014, which is the last year forwhich such data is available, of 7.7% as compared to the 2014statewide poverty rate of 11.8%. (d)Disclosure of Political Contributions:The Credit Unionacknowledges that the name of the Credit Unionwill be shared by VEDP with the Governor of Virginia, and any campaign committee or political action committee associated with the Governor. The Credit Unionacknowledges that within 18 months of the date of this Performance Agreement, the Governor, his campaign committee, and his political action committee will submit to the Virginia Conflict of Interest and Ethics Advisory Council a report listing any contribution, gift, or other item with a value greater than $100 provided by the Credit Unionto the Governor, his campaign committee, or his political action committee, respectively, during the period from the date of the Credit Union’s application for the COF Grant through the one-year period immediately after the date of this Agreement. Section 3.Disbursement of the Grants; Use of Proceeds (a)Disbursement of the COF Grant:By no later than December 31, 2017, the Locality will request the disbursement to it of the COF Grant. If not so requested by the Locality by December31, 2017, this Agreement will terminate and the Credit Union will have no claim whatsoever against the Locality or the Authority. The Locality and the Credit Unionwill be entitled to reapply for a COF Grant thereafter, based upon the terms, conditions and availability of funds at that time. The Locality anticipates that the COF Grant in the amount of $2,000,000will be paid to the Locality, upon its request.Within 30 days of its receipt of the COF Grant proceeds, the Locality will disburse the COF Grant proceeds to the Authority. Within 30 days of its receipt of NFCU-Frederick COF Performance Agreement FINAL3 the COF Grant proceeds, the Authority will disburse the COF Grant proceeds to the Credit Union as an inducement to the Credit Unionto achieve the Targets at the Facility. This Agreement shall terminate and shall be of no force or effect in the event that the COF Grant is not requestedby the Locality on or before December 31, 2017. (b)Useof the COF Grant Proceeds:The Credit Union will use the COF Grant proceeds to pay or reimburse itself for the costs of grading, drainage, paving and any other activity required to prepare the site for construction, road, rail or other transportation access costs beyond the funding capability of existing programs, and for construction of the Facility, all as permitted by Section 2.2-115(D) of the Virginia Code. (c)Disbursement of the LEDIG: As an inducement to the Credit Unionto achieve the Targets at the Facility and provided that the Credit Unionis not in default under the terms of this Agreement, the Locality will disburse the $2,000,000 of LEDIGproceeds through the Authority to the Credit Union in four equal installmentsas follows: (i) The first installment of $500,000 will be paid by the Locality to the Authority and by the Authority to the Credit Union after January 1, 2018, but no later than March 31,2018. (ii)The second installment of $500,000 will be paid by the Locality to the Authority and by the Authority to the Credit Union after April 1,2018, but no later than June 30, 2018. (ii)The third installment of $500,000 will be paid by the Locality to the Authority and by the Authority to the Credit Union after January 1, 2019, but no later than June 30, 2019. (iv)The fourth installment of $500,000 will be paid by the Locality to the Authority and by the Authority to the Credit Union after January 1, 2020, but no later than June 30, 2020. (d)Use of the LEDIGProceeds: The Credit Unionwill use the LEDIGproceeds for the costs of grading, drainage, paving and any other activity required to prepare the site for construction and for construction of the Facility. Section 4.Break-Even Point; State and Local Incentives. (a)State-Level Incentives:VEDP has estimated that the Commonwealth will reach its “break-even point” by the Performance Date. The break-even point compares new revenues realized as a result of the Capital Investmentand New Jobs at the Facility with the Commonwealth’s expenditures on incentives, including but not limited to the COF Grant. With regard to the Facility, the Commonwealth expects to provide incentives in the following amounts: NFCU-Frederick COF Performance Agreement FINAL4 Category of Incentive:Total Amount COF Grant$2,000,000 VJIP Virginia Jobs Investment Program (“”) (Estimated)700,000 VEDIG Virginia Economic Development Incentive Grant (“”)4,000,000 The proceeds of the COF Grant shall be used for the purposes described in Section 3(b). The VJIP proceeds shall be used by the Credit Unionto pay or reimburse itself for recruitment and training costs. The VEDIG proceeds may be used by the Credit Unionfor any lawful purpose. (b)Locality-Level Incentives:The Localityexpects to provide the following incentives, as matching grants or otherwise, for the Facility: Category of Incentive:Total Amount LEDIG$2,000,000 If, by the Performance Date, the proceeds of the LEDIGdisbursed or committed to be disbursed by the Locality to the Credit Union,total less than the required $2,000,000COF Grant local match, the Locality, subject to appropriation, will make an additional grant through the Authority to the Credit Unionof the difference at the Performance Date, so long as the Credit Unionhas met its Targets. The proceeds of the LEDIGshall be used for the purposes described in Section 3(d). The Locality will help facilitate with Credit Union and Virginia Department of Transportation regarding thetransportation network around the Facility, including regarding potential installation of a traffic signal at IndependenceDrive and U.S.Route50. Section 5.Repayment Obligation. (a)If Statutory Minimum Eligibility Requirements are Not Met:Section 2.2-115 of the Virginia Code requires that the Credit Unionmake a Capital Investment of at least $5,000,000 in the Facility and create and Maintain at least 50New Jobs at the Facility in order to be eligible for the COF Grant, and the Locality’s policy is to administer its LEDIGsimilarly. Failure by the Credit Unionto meet either of these statutory minimum eligibility requirements by the Performance Date shall constitute a breach of this Agreementand the entireamount of both Grants must be repaid by the Credit Unionto the Authority. (b)Allocation of COF and LEDIG Proceeds:For purposes of repayment under subsection (c), each of the Grants areto be allocated as 50% for the Credit Union’s Capital Investment Target($1,000,000 for the COF Grant and $1,000,000 for the LEDIG)and 50%for the Credit Union’s New Jobs Target($1,000,000 for the COF Grant and $1,000,000 for the LEDIG). NFCU-Frederick COF Performance Agreement FINAL5 (c)If Statutory Minimum Eligibility Requirements are Met:The provisions of this subsection 5(c) shall become applicable only if the Credit Unionhas met the statutory minimum eligibility requirements set forth in subsection5(a). If the Credit Unionhas met at least 90% of both of the Targets as of the Performance Date, then and thereafter the Credit Unionis no longer obligated to repay any portion of either Grant. If the Credit Unionhas not met at least 90% of either or both of its Targets as of the Performance Date, the Credit Unionshall repay to the Authority that part of the Grantsthatis proportional to the Target or Targets for which there is a shortfall. For example, if at the Performance Date, the Capital Investment is only $75,000,000 (reflecting achievement of 75% of the Capital Investment Target), and only 1,050 New Jobs have been created and Maintained (reflecting achievement of 75% of the New Jobs Target), the Credit Union shall repay to the Authority 25% of the moneys allocated to the Capital Investment Target ($250,000for the COF Grant +$250,000for the LEDIG= $500,000)and 25% of the moneys allocated to the New Jobs Target ($250,000 for the COF Grant +$250,000 for the LEDIG= $500,000), for a total repayment of $1,000,000. Among other things, in the event that the Credit Union should file any amended tax returnindicating,among other things, that the Credit Union did not meet the Capital Investment and/or the New Jobs Target, the Credit Union shall be obligated to repay all or a portion of the Grants, according to the formula set forth herein. The Credit Union’s repayment obligation hereunder shall survive the Performance Date to the extent that the Locality or VEDP subsequently receives information to the effect that the Credit Union did not meet the Targets. (d)Determination of Inability to Comply:If the Locality or VEDP shall determine at any time prior to thePerformance Date (a “Determination Date”) that the Credit Unionis unable or unwilling to meet and Maintain its Targets by and through the Performance Date, and if the Locality, the Authority or VEDP shall have promptly notified the Credit Unionof such determination, the Credit Unionmust repay to the Authority all of the proceeds of the Grants previously disbursed to the Credit Union. Such a determination will be based on such circumstances as a filing by or on behalf of the Credit Unionunder the U.S. Bankruptcy Code, the liquidation of the Credit Union, an abandonment of the Facility by the Credit Unionor other similar significant event that demonstrates that the Credit Unionwill be unable or is unwilling to satisfy the Targets for the Grants.Upon such determination, then and in that event, no further LEDIG installments shall be disbursed to the Credit Unionand the COF Grant and LEDIG proceeds previously disbursed to the Credit Union will be required to be repaid as set forth in subsection 5(e). (e)Repayment:In the event that the Credit Unionis obligated to repay the Grants, or any portion thereof, as called for under the terms of this Agreement, the Credit Unionshall pay such sums within 30 days after notification of the amount of the sums to be repaid by the Credit Union. Such determination of liability shall be made promptly as of the Performance Dateor the Determination Date, or promptly upon receipt of the Progress Report, as hereinafter defined, or other information confirming lack of achievement of the Targets as of the Performance Date, whichevershall first occur. NFCU-Frederick COF Performance Agreement FINAL6 Any COF Grant and LEDIGrepayment shall be made as follows: (i)COF Grant: Any COF Grant moneys repaid by the Credit Unionto the Authority hereunder shall be repaid by the Authority to the Locality within30 days after the repayment by the Credit Unionto the Authority, and shall be repaid by the Locality promptly to VEDP for redeposit into the Commonwealth’s Development Opportunity Fund. (ii)LEDIG:Any LEDIGmoneys repaid by the Credit Unionto the Authority hereunder shall be repaid by the Authority to the Locality within30 days after the repayment by the Credit Unionto the Authority. In the event that the Credit Unionfails or refuses to repay any of the LEDIGmoneys as called for in this Section 5, such sums shall be assessed interest at the rate of 8.00% per annum until repaid in full by the Credit Union. The Locality and theAuthority shall use their best efforts to recover any proceeds of the Grants due, including judicial proceedings for any breach of this Agreement by the Credit Union. Neither the Locality nor the Authority shall have any responsibility for the repayment of any COF Grant sums payable by the Credit Unionhereunder unless said sums have been received by the Authority from the Credit Union. In the event that the Credit Unionfails to make full repayment of any repayment due, any monies that are repaid shall be allotted as 50% to the COF Grant and 50% to the LEDIG. (f)Attorney’s Feeswith Respect to Repayment: In the event that the Credit Union fails to comply with the repayment obligations set forth in this Section 5, the Locality and the Authority shall be entitled to recover their reasonable attorney’s fees and costs incurred in connection with such default by the Credit Union, whether or not judicial proceedings are instituted to collect such funds. Section 6.Credit UnionReporting. Commencing on July 1, 2018, and on July1 of each year thereafter, the Credit Unionshall provide, at the Credit Union’s expense, an annual reporton the progress ofachievement of the Progress Report Targets(“”). SuchProgress Report shall indicate the amount of Capital Investment, the number of New Jobs, the average annual wage paid to the New Jobs(W-2 wages, including PIP),and the standard fringe benefits provided to those New Jobs through the prior December1.Such Progress Report also shall include an affirmative statement signed by an authorized Credit UnionOfficer or Directorthat the information provided in the report is true and correct and certifiesthe status of its efforts to achieve the Targets. The Credit Unionshall provide other reportson theprogress ofachievement of the Targets at such other times as the Locality, the Authority or VEDP may reasonably require. The Credit Unionhereby authorizes the Locality, including the Locality’s Commissioner of the Revenue and Treasurer, to provide for review by the Locality and VEDP of theCredit NFCU-Frederick COF Performance Agreement FINAL7 Union’s real estatetax, business personal property tax and machinery and tools tax information. Such information shall be marked and considered confidential and proprietary and shall be used solely for verifying satisfaction ofthe Capital Investment Target. If the Locality, the Office of the Commissioner of the Revenue, or the Office of the Treasurer should require additional documentation or consents from the Credit Unionto access such information, the Credit Union shall promptly provide, at the Credit Union’s expense, such additional documentation or consents as the Locality, the Authority or VEDP may request. In accordance with Virginia Code Section 58.1-3122.3, VEDP is entitled to receive the Credit Union’s real estate tax, business personal property tax and machinery and tools tax information from the Locality’s Commissioner of the Revenue. In addition to the verification data described above, the Locality, the Authority and VEDP may request suchother documentation or audits as may be required to properly verify Capital Investment. With each Progress Report, the Credit Unionshall provide for review by the Locality and VEDP copies of the Credit Union’s quarterly payroll tax filings with the Virginia Employment Commissioncovering the period from October 1, 2016 through the Performance Date. The Credit Union will denote on those filingswhich of the employees met the definition of New Jobs to confirm satisfaction with the New Jobs Target.Such information shall be marked and considered confidential and proprietary and shall be used by solely for verifying satisfaction of the New Jobs Target.In accordance with Virginia Code Section 60.2-114, VEDP is entitled to receive the Company’s employment level and wage information from the Virginia Employment Commission. Since the Credit Union has more than one business location in the Commonwealth, the Credit Union agrees that it will report to the Virginia Employment Commission with respect to its employees at the Facility at theFacility-level and not at the Credit Union-level. In addition to the verification data described above, the Locality, the Authority and VEDP may request such other documentation or audits as may be required to properly verify New Jobs. Section 7.Notices. Formal notices and communications between the Parties shall be given either by (i) personal service, (ii) delivery by a reputable document delivery service that provides a receipt showing date and time of delivery, (iii) mailing utilizing a certified or first class mail postage prepaid service of the United States Postal Service that provides a receipt showing date and time of delivery, or (iv) delivery by facsimile or electronic mail (email) with transmittal confirmation and confirmation of delivery, addressed as noted below. Notices and communications personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices and communications mailed shall be deemed effective on the second business day following depositin the United States mail. Notices and communications delivered by facsimile or email shall be deemed effective the next business day, not less than 24 hours, following the date of transmittal and confirmation of delivery to the intended recipient. Such written notices and communications shall be addressed to: NFCU-Frederick COF Performance Agreement FINAL8 if to the Credit Union, to:with a copy to: Navy Federal Credit UnionNavy Federal Credit Union 141 Security Drive820 Follin Lane Winchester, VA 22602Vienna, VA 22180 Facsimile: 540.722.1649Facsimile: 703.206.4389 Email: susan_brooks@navyfederal.orgEmail: george_eichert@navyfederal.org Attention: SusanBrooksAttention: George E. Eichert if to the Locality, to:with a copy to: County of Frederick, VirginiaCounty of Frederick, Virginia rd 107 North Kent Street107 North Kent Street, 3Floor Winchester, Virginia 22601Winchester, Virginia 22601 Facsimile: 540-667-0370 Facsimile: 540-667-0370 Email: ktierney@fcva.usEmail: rwillia@fcva.us Attention: County AdministratorAttention: County Attorney if to the Authority, to:with a copy to: Economic Development Authority of theEconomic Development Authority of the County of Frederick, VirginiaCounty of Frederick, Virginia 107 North Kent Street107 North Kent Street Winchester, Virginia 22601Winchester, Virginia 22601 Facsimile: 540-722-0604Facsimile: 540-722-0604 Email: scrockett@vit.orgEmail: pbarker@yesfrederickva.com Attention: ChairAttention: Executive Director if to VEDP, to:with a copy to: Virginia Economic Development PartnershipVirginia Economic Development Partnership One James Center, Suite 900One James Center, Suite 900 901 East Cary Street901 East Cary Street Post Office Box 798 (zip: 23218-0798)Post Office Box 798 (zip: 23218-0798) Richmond, Virginia 23219Richmond, Virginia 23219 Facsimile: 804.545.5611Facsimile: 804.545.5611 Email: smoret@yesvirginia.orgEmail: smcninch@yesvirginia.org Attention: President and CEOAttention: General Counsel Section 8.Miscellaneous. (a)Entire Agreement; Amendments: This Agreement constitutes the entire agreement among the parties hereto as to the Grantsand may not be amended or modified, except in writing, signed by each of the parties hereto and consented to by VEDP. This Agreement shall be binding NFCU-Frederick COF Performance Agreement FINAL9 upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Credit Unionmay not assign its rights and obligations under this Agreement without the prior written consent of the Locality, the Authority and VEDP. (b)Governing Law; Venue: This Agreement is made, and is intended to be performed, in the Commonwealth and shall be construed and enforced by the laws of the Commonwealth. Jurisdiction and venue for any litigation arising out of or involving the COF Grant under the terms of this Agreement shall lie in the Circuit Court of the City of Richmond, Virginia, and such litigation shall be brought only in such court.Jurisdiction and venue for any litigation arising out of or involving the LEDIGunder the terms of this Agreement shall lie in the Circuit Court of the Countyof Frederick, Virginia, and such litigation shall be brought only in such court. (c)Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument. (d)Severability: If any provision of this Agreement is determined to be unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. (e)Time: Time is of the essence as to all matters set forth in this Performance Agreement. (f)Attorney Fees: Except as noted in Section 5(f), attorney’s fees shall be paid by the party incurring such fees. (g) Interpretation: Should any provision of this Agreement require judicial interpretation, it is agreed that theCourt interpreting the same shall not apply the presumption that the terms of any such provision shall be more strictly construed against one party or the other by reason of the rule of construction that document is to be construed most strictly against the party who itself or through its counsel prepared the same, it being agreed that counsel for the Locality, the Credit Union and the Authority have participated in the preparation and review of this Agreement [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] NFCU-Frederick COF Performance Agreement FINAL10 IN WITNESS WHEREOF , the parties hereto have executed this Performance Agreement as of the date first written above. COUNTYOFFREDERICK, VIRGINIA By Name: Charles S. DeHaven, Jr. Title: Chair, Board of Supervisors of the County of Frederick, Virginia Date: _______________________________ ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA By Name: Stanley Crockett Title: Chair, Economic Development Authority of the County of Frederick, Virginia Date: _______________________________ NAVY FEDERAL CREDIT UNION By Name: George E. Eichert Title: Senior Vice President, Administrative Services Date: _________________________ NFCU-Frederick COF Performance Agreement FINAL11 MEMORANDUM TO: Board of Supervisors FROM: Joe C. Wilder, Director of Public Works SUBJECT: Public Works Committee Report for Meeting of October 31, 2017 DATE: November 3, 2017 ______________________________________________________________________________ The Public Works Committee met on Tuesday, October 31, 2017, at 8:00 a.m. All members were present except James T. Wilson. The following items were discussed: ***Items Not Requiring Action*** 1. We discussed Capital Improvement Plan (CIP) departmental request for 2018-2023. Recently, staff received packages from the Planning Department to submit any potential CIP projects. In looking at the Public Works Department needs, we determined there are two potential projects that should be included with the CIP request. Both projects are in the Refuse Collection budget and involve upgrades and/or a new site to replace an existing site. Summary of CIP Request #1 (see attached CIP request): Proposing to relocate a new site for the Albin Convenience Center located near the intersection of Route 522 North and Indian Hollow Road across from the Virginia Farm Market. The site has been in operation for many years and is too small of a site and creates major safety concerns with traffic flow into and out of the site. The Albin site is also the most used site outside of the Landfill with an average of 654 vehicles per day. We have proposed a total cost to relocate the site for $1,359,000.00. This price includes purchasing property and design work in the Fiscal Year 2019 budget. The rest of the costs totaling $1,224,000.00 would be applied in the Fiscal Year 2020 budget. Summary of CIP Request #2 (see attached CIP request): Proposing to modify the existing Gore Convenience Site located along Sand Mine Road in the Gore community. Currently, the site has 10 boxes that are 8 years old. We are proposing to expand the site and locate a compactor unit on site. The current site would have to be enlarged, unit and hopper placed and other work performed. The upgrade to this site would reduce the overall hauling costs significantly. It would provide much greater service to the local community. The proposed expenditures for this site would be $30,000.00 in Fiscal Year 2020 for engineering and $624,000.00 in Fiscal Year 2021 for construction with a total cost of $654,000.00. The Public Works Committee endorsed these CIP requests and I will be forwarding them to the Planning and Development staff for further consideration. 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 Public Works Committee Report Page 2 November 3, 2017 2. We updated the committee on the new Stephenson Convenience Site. Funding for the project has been secured and we anticipate awarding the contract within the next two weeks. Utility work has begun, and the site plan is approved. We anticipate construction beginning soon depending on the weather with a proposed project completion date of June 2018. We anticipate opening the new site by July 1, 2018. We continue to work with Carmeuse in extending use at the current Clearbrook site as long as we can. The lease for the site expires on December 31, 2017. 3. Staff presented updates on solid waste surveys, recycling and litter programs. The solid waste survey provided a recent vehicular poll of trips per day at our 10 convenience centers. We also updated the committee on our current recycling rates for Frederick County of 52.5% which exceeds the state mandate of 25%. Our regional electronics recycling program has had some increase of use over the past year with a total of 248 tons of materials recycled. Also, we updated the committprogram of roadside trash pick-up utilizing the Regional Jail trustees. They collected 26 tons of roadside litter during Fiscal Year 2017. The program is very successful and performs a very important service to the community. 4. Miscellaneous Reports: a) Tonnage Report (Attachment 5) b) Recycling Report (Attachment 6) c) Animal Shelter Dog Report (Attachment 7) d) Animal Shelter Cat Report (Attachment 8) Respectfully submitted, Public Works Committee Gene E. Fisher, Chairman Bill M. Ewing Robert W. Wells David W. Ganse, AIA L. Wagner James T. Wilson By ____________________________ Joe C. Wilder Public Works Director JCW/kco cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Kathy Whetzel, Animal Shelter Manager file 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: County of Frederick Departments and Agency Directors Frederick County Transportation Committee FROM: Candice E. Perkins, AICP, CZA, Assistant Planning Director RE:2018-2023 Capital Improvements Plan (CIP) – Departmental Project Requests DATE: September 28, 2017 Please find enclosed the 2018-2023 Capital Improvements Plan (CIP)departmental project summary sheet, the CIP individual project description and justification form, and a proposed timeline for the 2018-2023 CIP process. In preparing this year’s CIP, you are asked to provide the following pieces of information to my attention at the Planning Department: 1.Completed departmental project summary sheet; 2.Completed individual project description and justification forms foreach project; and 3.If necessary, generalized facility location maps. Projects that are anticipated to be initiated, and funded, in the upcoming 2018/2019 budget st should be located in this first column (1FY 2018/19). It is suggested that projects within this column are those of the highest priority and the most likely to proceed.The column labeled should Beyond FY 2023is for long range Comprehensive Plan projects. These projects include those projects that are important and necessary to meet the long term goals ofthe community established in the Comprehensive Plan, but that are unlikely to be funded within the typical five-year window of the CIP. On October 13, 2017,I will be holding an inter-departmental meeting to discuss the CIP. This is a good opportunity to understand the relationship between the CIP and the 2035 Comprehensive Plan. This meeting will ensure your projects are reflected in the adopted Comprehensive Plan. The meeting will be at10:00 a.m. and will be held in the Planning Department Conference Room. Please mark your calendars and plan on attending this meeting. Please submit the requested CIPitems ina digital format by November 6, 2017; fillable pdf’s of the documents are included. Before submitting your final project requests to the Planning Department in November, you should have already received an endorsement of the projects from any relevant Oversight Committee or Commissions you have. Additional coordination with volunteer groups you work with, such as the County’s Volunteer Fire and Rescue 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 2018-2023 Capital Improvements Plan September 28, 2017 Page 3 Companies, may be warranted. Please contact me if this becomes a scheduling issue for your department or agency. As in previous years,individual departments and agencies, and the Transportation Committee, set their own major capital expenditure priorities. Once compiled, the document will go to the Comprehensive Plans and Programs Committee (CPPC) followed by the Planning Commission. These groups are tasked with ensuring that requests for capital improvements are consistent with the Comprehensive Plan. The review and approval of the CIP by the Planning Commission is necessary to satisfy the Code of Virginia requirements of § 15.2-2232. To that end, please ensure that the project justification and conformance to the Comprehensive Plan sections are completed and are based on your department’s method for establishing, analyzing, and quantifying community needs. Any supporting needs assessments should be available, as needed.The 2035 Comprehensive Plan is available for your review on the Planning Department website www.fcva.us/planning. The 2018-2023 CIP seeks to further align the CIP with the County’s budget process. While a similar process has been used in recent years, the potential does exist that adjustments will be made based on discussion with the Finance Committee and County Administration. I am available to meet,as are other members of the Planning Department,with department and agency directors to discuss requests throughout the process. We will be coordinating with the Finance Department to ensure that the CIP spreadsheets arereviewedand accurate before it is presented to the CPPC.Please rememberthat the Finance Department, in working with the Finance Committee, hasreiterated the CIP criteria for projects as follows: CIP Criteria For the purpose of determining whether a project or item is appropriate for individual listing on the CIP only, a threshold value of $100,000 and useful life of at least five years shall be utilized.This would not preclude the purchase of capital items valued at less than $100,000 utilizing proffered funds, where other relevant criteria are met and procedures followed. Thank you in advance for your cooperation in meeting the dates on the timeline and for being available, as necessary, as the CIP moves through the public review process. Please feel free to contact me with any questions. Attachments CEP/pd Department of Planning and Development. Frederick County, VA CIP 2018-2023Capital Improvements Plan Individual Project Description and Justification Form Project Name: AlbinCitizens'ConvenienceSite PublicWorks Department: Department Contact Person: GloriaPuffinburger gpuffinb@fcva.us 540-665-5643,ext.1 Phone Number: Email: vicinityofIndianHollowRd Gainesboro Location of Project: Magisterial District: Department Project #: 1 Project Description: Give a brief (1-2) paragraph description of what the project includes. Provide basic information, such as the location, size, acreage, floor area, capacity, etc. TherelocationoftheAlbincitizensconveniencesitetopropertylocatedwithinthe Sunnyside/AlbincommunityisprojectedforFY19/20.Afencedtwo-acresiteis proposedincloseproximitytotheexistingsite.Propertyhasnotbeensecuredfor relocation.Theprojectwillrequireseveralmonthstocompleteincludingfencing, earthwork,retainingwalls,electric,equipment,lighting,pavingandlandscaping. Project Justification: Please describe the need for this project and justify the proposed location of the project. DuringAugustof2017,17,006vehiclesvisitedtheAlbinfacility,makingitthesinglemostutilizedsolidwastefacilityoutsideofthelandfill.This representsafivepercentincreaseinusageover2016.Eachyear,trafficcountscontinuetoriseasthesiteservesageographicareaextendingfrom SunnysidetoCedarCreekGradewestwardtoGainesboro.ItiseasilyaccessiblefromRoute37andNorthFrederickPike. Thetotalnumberofvehiclesusingthefacility,anaverageof654perday.Onweekends,thisnumbercanapproachalmost900vehicles.Astrash disposalandtheresultingtrafficcontinuetoincrease,thepresentinfrastructurewillbeunabletosafelyservethepublic.Duringholidays,thesite requirestwoattendantsinordertoefficientlymovetraffic.However,linesstillbackoutontoIndianHollowRoadduringholidaysandsomeweekends, creatingahazardnotedseveraltimesbytheSheriffsOffice. ForresidentslivingbetweenCedarCreekGradeandApplePieRidgeRoad,curbsidepickupiscostly,promptingheavyutilizationoftheconvenience sitewhichattractsamixofusersfromthesuburbsandruralcommunity.Anumberofusersarethosefromthemorewesternenddisposingoftheir trashwhentravelingintoWinchester.AvidrecyclersfromWestminster-Canterbury,ShenandoahUniversity,ShenandoahsPharmacySchoolandSU studentslivinginnearbytownhomesalsofrequentthefacility. 2018-2023 Capital Improvements Plan - Project Requests Page 1 Department of Planning and Development. Frederick County, VA Construction Schedule: If the project will take several years to complete, outline the schedule here. Be sure to include any work that might have been done in previous years, including studies or other planning. AcquirepropertyandcompletedesignworkinFY18/19andbeginconstructionduring FY19/20.AportionoftheFCPSfacilityonIndianHollowRoadshouldbeconsideredif theschoolsystemoptstoreleasetheproperty. Estimate Cost (in 2017 dollars): PROPOSED EXPENDITURES Element1FY2nd FY3rd FY4th FY5th FYBeyond Total st 2018/192019/202020/212021/222022/23FY 2023 Planning, 75,000 75,000 Surveying, & Design 60,000 60,000 Land Acquisition Site Preparation 700,000 700,000 & Improvements 459,000459,000 Construction Furniture and 65,00065,000 Equipment Other 135,000 TOTAL 1,224,0001,359,000 Basis of Cost Estimates: Check one of the following. If you want to provide more detailed information on the estimate, please do so in the space provided. 4 Cost of comparable facility or equipment From cost estimate provided by an engineer, architect, or vendor From bids received "Preliminary" estimate, (e.g. no other basis for estimate, guesstimate) Other (please explain) 2018-2023 Capital Improvements Plan - Project Requests Page 2 Department of Planning and Development. Frederick County, VA Source of Funding: Indicate the projected amount for each funding source. PROPOSED FUNDING SOURCES Element1FY2nd FY3rd FY4th FY5th FYBeyond TOTAL st 2018/192019/202020/212021/222022/23FY 2023 General 135,000 1,224,000 1,359,000 Fund Other Fund State Grants Bonds and Debts Other Fund- raising 135,000 1,224,000 TOTAL 1,359,000 Please describe the source of funding (i.e. type of grant): GeneralfundandanycarryforwardfromFY18/19. Legal Requirement: Is the project required in order to meet a State or Federal mandate or some other legal requirement? No. 2018-2023 Capital Improvements Plan - Project Requests Page 3 Department of Planning and Development. Frederick County, VA Conformance to the Comprehensive Plan: Does the project conform to, or contribute to the attainment of the goals and objectives of the Comprehensive Plan? Is the project consistent with established policies? Theproposedprojectconformstothedepartmentsandcountysobjectivesofimproving basicservicesandprovidingforthefutureneedsofthecountyscitizenry.Ifavailable, constructingafacilityonaportionofpropertyalreadyownedbythecountywouldbethe mostfiscallyresponsiblemethodtobestservethesolidwasteneedsofthoselivingin thegeographicarearoughlyboundedbyCedarCreekGrade,ApplePieRidgeRoadand Gainesboro. Thecountyhaspreviouslydemonstrateditssupportofco-locatedfacilitieswhichmeet needswhilereducingoverallcoststotaxpayers.Otherwise,asearchforanappropriate two-acrelocationwithgoodaccessandthree-phasepowershouldbeginin2018. Public Health, Safety, or Welfare: Does the project improve conditions affecting health, safety, or welfare? Does it eliminate a clear health or safety risk? TheAlbinlocationhasbecomeasafetyconcernasthenumberofuserscontinuestoincrease eachyear.Thefacilityisthebusiestoftenconveniencesites,yetatjustoneacre,amongthe smallest.LocatedonthesiteoftheoldBryarlySchool,thecommunityhasoutgrownthe30-plus yearoldfacility.Itexperiencesanaverageof684vehiclesduringafive-hourSundayshift.The dailyaverageis654.Thecurrentfacilityisdangerousforvehiclesenteringandleavingthesites singleentrance/exitwhichismuchtoonarrowtosafelyaccommodatetrafficduringpeakhours. Operationally,thesiteischallengingforthecountystrashhauler.Thesitemustbeservicedat timeswhenthefacilityisopenforbusiness,makingitdifficulttomaneuvera20-tonrefusetruck carryinganeight-tonwastecaninarestrictedspacewhileotherusersthrowawaytrash,sort recyclables,andwalkordriveacrossthelot,bothinfrontofandbehindthetrashtruck.Becauseof itsproximitytoaprimetransportationnetwork,thesitealsoservesasastagingareaforweekend refusecanswhichmustbehelduntilwastecanbedepositedatthelandfill.Thisstagingportionof thesiteandtherecyclingareaarebothunpaved,crowdedandvoidoftrafficflow. Duringholidays,despiteextrastaffcoverage,alineoftrafficoftenoverflowsontoIndianHollow Road,anobvioussafetyhazard.Itisthedepartmentsdesiretoprovideanexpandedand improvedfacilitywhichwillefficientlydeliversolidwastemanagementservices,meetfuture disposalneeds,providesafeingressandegress,andcurtailoperationalcosts. 2018-2023 Capital Improvements Plan - Project Requests Page 4 MEMORANDUM TO: Public Works Committee FROM: Gloria M. Puffinburger Solid Waste Manager RE: FY 16/17Site Usage Survey Results; Recycling/Litter Programs DATE: October 25, 2017 _______________________________________________________________________ CONVENIENCE SITE USAGE: from last year based on an August 2017 survey. Overall, it is estimated that 862,164 vehicle trips per year occur at thevarious neighborhood sites. The more urban locations of Albin, Greenwood and Clear Brook continued to experience the heaviest usage. On its busiest day, 879 vehicles visited the Albin site; 586 traveled to Greenwood,and 523 used the Clear Brook location.For a usage summary, please see attached. RECYCLING PROGRAM: During FY 16/17ing program collected6.2million pounds of materials at the various convenience sites an.As reported to the Virginia Department of Environmental Quality, the county52.5percent in 2016.The county rate reflects diversion efforts by local residents and businesses and far exceeds the state mandate of 25 percent. Revenue from the sale of materials remained coapproximately $62,000due primarily to tighter quality controls instituted by overseas markets. REGIONAL ELECTRONICS RECYCLING PROGRAM: Tonnages of e-waste recycled during FY 16/17 increased slightly to 248 tons. Labor is provided during events Fees paid to thevendor are offset by user fees collected for computer and television screens. LITTER PROGRAM: Frederick County Clean Sweep collected 26tonsofroadside litter during FY 16/17. Trustees from the regional jail (CIWF) are supervised by a part-time public works stafferand focus most of their efforts on Route 37, Sulpher Springs Road and the primary highways leading into the county with the exception of Interstate 81. Litter and illegally dumped debris is also removed from secondary roads on an as-needed basis.The combined efforts of the CIWF represented anin-kind contribution of $41,339. All operational costs associated with the -set by state grant funding of $15,152. The Virginia Department of Transportation, Stephens City Office, transports bagged litter to the regional landfill. MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder, Director of Public Works SUBJECT: Monthly Tonnage Report - Fiscal Year 16/17 DATE: October 4, 2017 The following is the tonnage for the months of July 2017, through June 2018, and the average monthly tonnage for fiscal years 03/04 through 17/18. FY 03-04: AVERAGE PER MONTH: 16,348 TONS (UP 1,164 TONS) FY 04-05: AVERAGE PER MONTH: 17,029 TONS (UP 681 TONS) FY 05-06: AVERAGE PER MONTH: 17,785 TONS (UP 756 TONS) FY 06-07: AVERAGE PER MONTH: 16,705 TONS (DOWN 1,080 TONS) FY 07-08: AVERAGE PER MONTH: 13,904 TONS (DOWN 2,801 TONS) FY 08-09: AVERAGE PER MONTH: 13,316 TONS (DOWN 588 TONS) FY 09-10: AVERAGE PER MONTH: 12,219 TONS (DOWN 1,097 TONS) FY 10-11: AVERAGE PER MONTH: 12,184 TONS (DOWN 35 TONS) FY 11-12: AVERAGE PER MONTH: 12,013 TONS (DOWN 171 TONS) FY 12-13: AVERAGE PER MONTH: 12,065 TONS (UP 52 TONS) FY 13-14: AVERAGE PER MONTH: 12,468 TONS (UP 403 TONS) FY 14-15: AVERAGE PER MONTH: 13,133 TONS (UP 665 TONS) FY 15-16:AVERAGE PER MONTH: 13,984 TONS (UP 851 TONS) FY 16-17: AVERAGE PER MONTH: 14,507 TONS (UP 523 TONS) FY 17-18: AVERAGE PER MONTH: 16,657 TONS (UP 2,150 TONS) MONTHFY 2016-2017FY 2017-2018 JULY13,39115,465 AUGUST15,72417,694 SEPTEMBER14,64916,813 OCTOBER14,160 NOVEMBER13,834 DECEMBER16,821 JANUARY12,520 FEBRUARY12,542 MARCH13,216 APRIL14,252 MAY16,105 JUNE16,873 JCW/gmp COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop, AICP, Assistant Director - Transportation RE: Transportation Committee Report for Meeting of October 30, 2017 DATE: October 31, 2017 The Transportation Committee met on Monday, October 30, 2017 at 8:30 a.m. Members Present Members Absent Gary Lofton Chairman (voting) Mark Davis (liaison Middletown) Judith McCann-Slaughter (voting) Gene Fisher (voting) James Racey (voting) Barry Schnoor (voting) Kevin Kenney (liaison PC) Lewis Boyer (liaison Stephens City) The Committee submits the following: ***Items Requiring Action*** 3. Secondary Funds Transfer (see attached): Staff is working with VDOT to avoid the loss of secondary funds to the SmartScale Program. To accomplish this, they are seeking full funding of the Redbud Road. The summary of the transfer is the existing funding of Redbud Road in the amount of $349,067.00 along with transfers from Warrior Drive, Brucetown Road and Carter Lane in the amount of $462,005.00. The future year allocations used in the amount of $1,025,815.00. Upon a motion by Ms. Slaughter-McCann, seconded by Mr. James Racey, the Committee recommended to forward this transfer to the Board of Supervisors to authorize the County Administrator to request the transfer to Redbud Road. The motion was unanimously approved. 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 ***Items Not Requiring Action*** 1. Capital Improvement Program Update (see attached): A brief overview of the Capital Improvement Program was presented to the Committee. This program is updated annually and is used as a guide in the planning and programming of the capital expenditures. It does not necessarily mean that the County directly funds the projects. The cost is updated by VDOT. The changes to the program are Fox Drive, Route 277 right turn lane at Warrior, Papermill Road right turn lane at Route 522 are being moved from unfunded to funded based upon the success of the SmartScale application. The project description has been updated for the Airport Road, Tevis Extension, and Bridge project. Also, the map has been updated. Staff noted this item will proceed to the Board of Supervisors as part of the overall CIP update. Upon a motion by Ms. Slaughter-McCann, seconded by Mr. Racey, the Committee forwarded this update of the transportation section of the Capital Improvement Program to the Board of Supervisors with recommendation for approval. The motion was unanimously approved. 2. Eastern Road Plan Update (see attached): The Eastern Road Plan is a foundation of the transportation component of the Frederick County Comprehensive Plan. It outlines a transportation network to serve the Board of Supervisors long-range vision for the development of the County. The Eastern Road Plan update clean up and clarify a number of other items. Attached, are a series of maps with details of the updates. Each highlighted area has a zoom in map that shows the update and comparison to the plan in greater detail. Updates are described as follows: 1. Route 37 Staff is seeking to incorporate updated VDOT work on Route 37 in order to have the needs shown be as up to date as possible. Included are ramps updated to more current standards ramp work where previously there had only been a note of a desire for an interchange, and updates to the centerline where needed for engineering purposes. At the proposed interchange for Snowden Bridge Boulevard there are two scenarios shown. One scenario shows an interchange with a spacing of 800 feet while the other interchange shows a spacing of 1,200 feet. There are positives and negatives to both designs. The 800 feet ramp spacing allows less room for stacking and as such would require future Snowden Bridge Boulevard to have features such as double lefts to adequately accommodate stacking. However, the reduced spacing results in a much smaller impact on the surrounding industrial property. The 1,200 feet ramp spacing scenario allows for better stacking and thus a narrower Snowden Bridge Blvd, but results in a much more significant right-of-way impact. 2. Independence Drive alignment When zoomed in closely the current Eastern Road Plan shows an offset between Independence Drive and what was formerly known as the Channing Drive Extension, now Constitution. This update corrects the offset. 3. Lenior Drive Slip ramp clarification For many years a ramp has been shown on the plan connecting Lenoir Drive to Route 37 at Stonewall Industrial Park. However, as drawn currently, it gives the impression that a vehicle could only exit Lenoir Drive onto southbound Route 37. The update clarifies that traffic could exit to southbound Route 37 and also exit from southbound Route 37. 4. Route 522 Realignment As part of their modeling and study surrounding Exit 313, VDOT analyzed the planned Route 522 realignment and has recommended the alignment shown in this update. The current plan has the Route 522 realignment intersecting with Route 50/17 at Ryco Lane while the proposed change realigns Route 522 to Prince Frederick Drive. The new alignment is preferable due to improved spacing from surrounding intersections and reduced direct impact on surrounding businesses. As part of this recommendation, VDOT vetted this improvement through the regional travel demand model. 5. Stephens City Bypass Connector Road The Stephens City bypass does not have access to Route 11 due to the close proximity to the future relocated Exit 307. This update incorporates the connector roadway from Stephens City planning that offers the first access back to Route 11 from the Stephens City bypass. 6. Tasker Road Alignment This update adjusts the alignment of Tasker Road to match the work completed by VDOT in the vicinity of I-81 Exit 310. Ms. Slaughter-McCann asked for clarification on the proffered amount of right-of-way for the Snowden Bridge interchange. Staffed noted that it was about 95% of the 800 feet proposed option. Upon a motion by Mr. Schnoor, the Committee recommend that the 800 feet alternative for the Snowden Bridge Boulevard, as Staff recommendation be forwarded to the Board of Supervisors for approval. Also, recommendation of the Committee to incorporate the changes outlined by Staff into the Comprehensive Plan. The motion was seconded by Mr. Racey and passed unanimously. 4. County Project Updates Snowden Bridge Boulevard: The roadway is open to traffic and Staff is beginning project final close out. Staff is still waiting for sign placement and striping that needs to be completed. Tevis Street Extension/Airport Road/I-81 Bridge: Full Bridge plans are undergoing review for final comment. Airport Road and the Roundabout are expected to be at 60% within 2 weeks. Environmental surveys are complete. On site test boring for signal pole design is expected shortly. Renaissance Drive: The Board of Supervisors has authorized Staff the execute the TPOF agreement. The pending Carbaugh rezoning application also has potential to impact this project with matching funds for revenue sharing. This rezoning is proceeding to the Planning Commission. Valley Mill Road Realignment: No activity at this time. Coverstone Drive: No activity at this time. Jubal Early Drive Extension and Interchange with Route 37: Communication was sent to the Applicants and noted that the County could make no further moves forward on the project until a revenue sharing agreement is in place. Following, a meeting was held at which the agreement was discussed, and Staff is awaiting feedback from the Applicant. No new action as of this agenda. Staff has reached out to the A 4. Upcoming Agenda Items: November/December MPO Route 11 South Stars Study December/January Oakdale Crossing Traffic Calming Study SmartScale Applications Discussion 5. Other Business: Staff noted that the Transportation Forum is expected to be held on December 5, 2017. JAB/pd Eastern Frederick Changes and Descriptions 1. Route 37 VDOT Updates 2. Route 522 Realignment Update County Road Plan 3. Stephens City - Addition of Connector Road to Stephens City Bypass 4. Lenoir Drive - Clarification that slip ramp allows exiting and entering traffic 5. Independence Drive - Alignment Clarification 6. Tasker Road - Alignment Clarification § ¨¦ 81 01 11 01 522 1. Route 37 Attachment G § ¨¦ 1. Route 37 81 1. Route 37 Attachment F Attachment H2 Maps 01 11 4. Lenoir Dr 01 37 01 11 01 522 § ¨¦ 81 01 50 01 7 1. Route 37 Attachment E 01 7 City of Winchester 2. 522 Realignment 1. Route 37 Attachment D § ¨¦ 81 5. Independence Dr Alignment 01 522 01 37 1. Route 37 Attachment C 01 11 6. Tasker Rd Alignment 01 522 0101 37 50 1. Route 37 Attachment B 1. Route 37 §¦¨ Attachment A 01 81 522 01 11 Town of Stephens City 01 Proposed Future Rt 37 Bypass 522 3. Stephens City Existing Future Rt 37 Bypass Connector Road Eastern Road Plan - Nov 2016 01 Improved Major Arterial 277 New Minor Arterial 01 01 522 11 Improved Minor Arterial §¦¨ 81 New Major Collector Improved Major Collector New Minor Collector 01 522 Improved Minor Collector Ramp Roundabout Urban Development Area Sewer and Water Service Area 01 522 Map Created by Frederick County Dept of Planning and Development October 17, 2017 F The Interstate 81 corridor is designated as a corridor of statewide significance as pursuant of VA code 15.2 - 2232. 00.512Miles Copyright: © 2013 National Geographic Society Eastern Road Plan Attachment A § ¨¦ Route 37 and Warrior Dr 81 ST 847 Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan New Major Collector Improved Major Collector WOODRIDGE CT New Minor Collector Improved Minor Collector Roundabout Urban Development Area Sewer and Water Service Area Map Created by Frederick County Dept of Planning and Development October 17, 2017 F 00.0450.090.18Miles Eastern Road Plan Attachment B Route 37 and Route 522 ST 644 01 522 ST 644 Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Roundabout Urban Development Area Sewer and Water Service Area Map Created by Frederick County Dept of Planning and Development October 17, 2017 01 522 F 00.050.10.2Miles Eastern Road Plan ST 655 ST 655 Attachment C Route 37 and Route 50 ST 728 01 50 ST 723 Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan Improved Major Arterial New Major Collector Improved Major Collector Improved Minor Collector Roundabout Urban Development Area Sewer and Water Service Area Map Created by Frederick County Dept of Planning and Development October 17, 2017 F 00.040.080.16Miles Eastern Road Plan Attachment D Route 37 and Senseny Road ST 820 CLARKE COUNTY ST 657 ST 657 Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan New Major Collector Improved Major Collector Improved Minor Collector Urban Development Area Sewer and Water Service Area Map Created by Frederick County Dept of Planning and Development October 17, 2017 ST 655 F 00.0450.090.18Miles Eastern Road Plan Attachment E Route 37 and Route 7 ST ST 659 661 ST 659 CLARKE COUNTY 01 7 ST 659 Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass CLARKE ST 820 Eastern Road Plan Improved Major Arterial New Major Collector New Minor Collector Urban Development Area Sewer and Water Service Area Map Created by Frederick County Dept of Planning and Development October 17, 2017 F 00.040.080.16Miles Eastern Road Plan Attachment F-1 Route 37 and Snowden Bridge Boulevard Map 1: 800' Spread Proposed 800' Spread Existing Future Rt 37 Bypass Eastern Road Plan New Major Collector Improved Major Collector New Minor Collector Urban Development Area Sewer and Water Service Area Map Created by Frederick County Dept of Planning and Development October 17, 2017 F 00.03250.0650.13Miles Eastern Road Plan Attachment F-2 Route 37 and Snowden Bridge Boulevard Map 2: 1200' Spread Proposed 1200' Spread Existing Future Rt 37 Bypass Eastern Road Plan New Major Collector Improved Major Collector New Minor Collector Urban Development Area Sewer and Water Service Area Map Created by Frederick County Dept of Planning and Development October 17, 2017 F 00.03250.0650.13Miles Eastern Road Plan Attachment G Route 37 and I-81 ST 661 ST 663 § ¨¦ 81 ST 661 01 Proposed Future Rt 37 Bypass 11 Existing Future Rt 37 Bypass Eastern Road Plan Improved Major Arterial ST 661 New Major Collector Improved Major Collector New Minor Collector Urban Development Area Sewer and Water Service Area § ¨¦ 81 Map Created by Frederick County Dept of Planning and Development October 17, 2017 F 00.040.080.16Miles Eastern Road Plan Attachment H Route 37 01 37 Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan Improved Major Arterial Improved Minor Arterial New Minor Collector Improved Minor Collector 01 522 Ramp Urban Development Area Sewer and Water Service Area Map Created by Frederick County Dept of Planning and Development October 17, 2017 F 00.0450.090.18Miles Eastern Road Plan Independence Dr Alignment Clarification New Independence Dr Alignment Old Independence Dr Alignment 01 50 Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan Improved Major Arterial New Major Collector Improved Major Collector ST 723 Roundabout Urban Development Area Sewer and Water Service Area Map Created by Frederick County Dept of Planning and Development October 17, 2017 F 00.03250.0650.13Miles Eastern Road Plan Lenoir Dr Slip Ramp Clarification Slip Ramp Clarification 01 37 Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan Improved Major Arterial New Minor Collector Ramp 01 11 Urban Development Area Sewer and Water Service Area Map Created by Frederick County Dept of Planning and Development October 17, 2017 F 00.03250.0650.13Miles Eastern Road Plan Route 522 Realignment Update MARGATE CT § ¨¦ 81 §¦¨ 81 § ¨¦ 81 § ¨¦ 81 01 50 Old Route 522 Realignment New Route 522 Realignment Eastern Road Plan LEAFIELD CT Improved Major Arterial New Minor Arterial New Major Collector Improved Major Collector ST 645 New Minor Collector 01 Urban Development Area 522 Sewer and Water Service Area Map Created by Frederick County Dept of Planning and Development October 17, 2017 F 00.050.10.2Miles Eastern Road Plan Addition of Connector Road to Stephens City Bypass New Connector Road 01 11 ST 1012 § ¨¦ 81 Eastern Road Plan New Minor Arterial New Major Collector New Minor Collector Roundabout Urban Development Area Sewer and Water Service Area Map Created by Frederick County Dept of Planning and Development 01 October 17, 2017 11 F 00.050.10.2Miles Eastern Road Plan Tasker Rd Alignment Clarification 01 11 § ¨¦ 81 ST 847 § ¨¦ 81 01 37 New Tasker Rd Alignment § ¨¦ 81 Old Tasker Rd Alignment ST 642 Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan Improved Major Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Roundabout Urban Development Area Sewer and Water Service Area Map Created by Frederick County Dept of Planning and Development October 17, 2017 F 00.050.10.2Miles SURREY CLUB LN Eastern Frederick County Road Plan § ¨¦ 81 01 11 01 522 §¦¨ 81 01 11 01 37 01 11 01 522§ ¨¦ 81 01 50 01 7 01 7 City of Winchester § ¨¦ 81 01 522 01 37 01 11 01 522 01 01 3750 § ¨¦ 01 81 522 01 11 Town of Stephens City 01 522 Proposed Future Rt 37 Bypass Eastern Road Plan 01 Improved Major Arterial 277 New Minor Arterial 01 01 522 11 Improved Minor Arterial § ¨¦ 81 New Major Collector Improved Major Collector New Minor Collector 01 522 Improved Minor Collector Ramp Roundabout Urban Development Area Sewer and Water Service Area 01 522 Map Created by Frederick County Dept of Planning and Development October 17, 2017 F The Interstate 81 corridor is designated as a corridor of statewide significance as pursuant of VA code 15.2 - 2232.00.512Miles Copyright: © 2013 National Geographic Society MASTER DEVELOPMENT PLAN #05-17 Abrams Chase Staff Report for the Board of Supervisors Prepared: November 2,2017 Staff Contact: M. Tyler Klein, AICP, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. ReviewedAction Planning Commission: 11/01/17Reviewed Board of Supervisors: 1//17Pending PROPOSAL: The Applicant seeks todevelop 3.25 acres of land zoned RP (Residential Performance) District with 13 single-family detached (SFD) age-restricted unit. This Master Development Plan (MDP) alsoincludes 0.64 acres dedicated to public right-of-way for improvements along Senseny Road. The Applicant also is seeking a waiver for the community center requirement specified inFrederick County Zoning Ordinance§165-204.08(A)(1)in single-family smalllot subdivision that contain less than 25 lots. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 65-A-27A and65-A-28A LOCATION: The properties are located west approximately 400 feet west of Channing Drive, immediately west of Parkwood Circle, and north of Senseny Road(Route 657). PROPERTY ZONING & PRESENT USE: Zoned:RP(Residential Performance)Use: Residential/Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North:RP (Residential Performance)Use: Residential/Open Space South:RA (Rural Areas)Use: Agricultural/Vacant East:RP(Residential Performance)Use:Residential West:RA(Rural Areas)Use:Residential STAFF CONCLUSIONS FOR THE 11/08/17 BOARD OF SUPERVISORS MEETING: The Master Development Plan for Abrams Chase appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for the approved Rezoning #04-15. All of the issues brought forth by the Board of Supervisorsshould be appropriately addressed by the Applicant. The Applicant is requestinga waiver of the community center requirement under the Frederick County Zoning Ordinance §165-402.08(A)(1) as the proposed subdivisions contains less than 25 lots. The MDP #05-17 Abrams Chase November 2, 2017 Page 2 The Board of Applicant will still provide equivalent recreational value within the development. Supervisors would need to grant the waiver as part of consideration of the MDP. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. REVIEW EVALUATIONS: Virginia Department of Transportation : A VDOT review has been conducted for the Master Development Plan Revision signature dated 8/23/2017. We have no objection to the plan. Please send one electronic set of the plans to this office for file. Frederick County Fire Marshal : MDP approved provided that the turnaround be changed to meet Frederick County Fire Prevention Code. Frederick County Public Works: We offer no additional comments at this time. A comprehensive review should occur at subdivision plan submission. Frederick County Inspections: No comments required at this time. Comments shall be provided at the time of subdivision lot review. Frederick County Parks and Recreation: Plan appears to meet or exceed Parks and Recreation requirements. Virginia Department of Health: Please see attached letter dated August 31, 2017 from Herbert Cormier, Environmental Health Supervisor. Frederick Water: Approved as noted. Planning & Zoning: A) Master Development Plan Requirement A Master Development Plan is required prior to development of this property. Before a MDP can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the MDP conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the MDP is to promote orderly and planned development of the property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. The Applicant also is seeking a waiver for the community center requirement specified in Section 165-204.08(A) in single-family small lot subdivision that contain less than 25 lots. In lieu of a community center, the Applicant intends to fulfill the required recreation units for the MDP #05-17 Abrams Chase November 2, 2017 Page 3 development with an outdoor pavilion for the public with other amenities to-be-determined at time of the subdivision design plan. B) Site History On January 10, 2007, the Board of Supervisors approved Rezoning #11-06 to rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District to enable the construction of single-family residential lots with proffered improvements. On July 8, 2015, the Board of Supervisors approved Rezoning #04-15 modify the proffers approved with Rezoning #11-06 to restrict the residential uses to age-restricted residential uses and to reduce the monetary contributions for proffered improvements given the change to age-restricted units. C) Site Suitability & Project Scope Comprehensive Plan: The 2035 Comprehensive Policy Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this Plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. Land Use Compatibility: The Senseny/Eastern Frederick Urban Area Plan (SEFUAP) of the 2035 Comprehensive Plan identifies this property with residential and commercial land use designations. The current RP (Residential Performance) District designation is supported by the Comprehensive Plan for this area of the County. The Master Development Plan for Abrams Chase is also generally consistent with the approved proffers with the most recent Rezoning #04-15, providing the required open space, access, sidewalks/trail section and future inter-parcel connection. Site Access and Transportation: Access, as shown on the MDP, will be provided to the site via Senseny Road. Future inter-parcel access (to Tax Map Parcel 65-A-25B) is provided to the west, should those properties develop into residential subdivisions; and a turnaround is provided for residents. Sidewalks will be included on either side of the internal street for pedestrian connectivity within the development, will be provided along the property frontage on Senseny Road. The right-of-way for the future condition of Senseny Road as a four-lane roadway is also reserved along the properties frontage as shown on the MDP. PLANNING COMMISSION SUMMARY FOR THE 11/01/17 MEETING: The Planning Commission discussed this item at their November 1, 2017 meeting. Staff provided a general overview of the proposed Master Development Plan (MDP), noting it was for information purposes only, and noted it also included a waiver request to allow other recreational amenities to be provided in lieu of a community center. Staff explained the MDP is in general conformance with the requirements of the Frederick County Zoning Ordinance and the approved rezoning applications. Staff highlighted proffered improvements including internal sidewalks, transportation improvements for MDP #05-17 Abrams Chase November 2, 2017 Page 4 access and inter-parcel connectivity. The Applicant, Stuart Butler, also spoke noting conformance with the approved proffers. There were not comments from the Planning Commission on the MDP. The Planning Commission voted 8-0-4 (Commissioners Cline, Oates, Thomas & Unger absent) to forward the request for a waiver of the community center requirement to the Board of Supervisors for approval. STAFF CONCLUSIONS FOR THE 11/08/17 BOARD OF SUPERVISORS MEETING: The Master Development Plan for Abrams Chase appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for the approved Rezoning #04-15. All of the issues brought forth by the Board of Supervisors should be appropriately addressed by the Applicant. The Applicant is requesting a waiver of the community center requirement under the Frederick County Zoning Ordinance §165-402.08(A)(1) as the proposed subdivisions contains less than 25 lots. The The Board of Applicant will still provide equivalent recreational value within the development. Supervisors would need to grant the waiver as part of consideration of the MDP. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. 55K 1 1 4 1 9 55K 1 1 8 MDP # 05 - 17 55K 1 55K 1 55K 1 1 5 1 7 1 6 Abrams Chase 65 A 24 PINs: 55K 1 65 - A - 27A, 65 - A - 28A 1 24A 65 A 25 MDP #05-17 65 A 25A 65 A 27A 65B 9 7 65 A 25B 65B 9 6 MDP #05-17 65B 9 5 65B 9 7A 65 A 28A 65B 9 4 65B 9 8 65B 9 3 65B 9 9 65 A 26A 65B 9 2 55K 1 1 24A 65B 9 10 65B 9 1 ST 657 55K 1 1 24A 65 A 34 65 A 15 Applications Parcels 65 A 16 Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) 65 A 15A EM (Extractive Manufacturing District) HE (Higher Education District) 65 A 35C M1 (Light Industrial District) Note: M2 (Industrial General District) MDP # 05 - 17 Frederick County Dept of MH1 (Mobile Home Community District) Abrams Chase Planning & Development I MS (Medical Support District) 107 N Kent St PINs: Suite 202 OM (Office - Manufacturing Park) 65 - A - 27A, 65 - A - 28A Winchester, VA 22601 R4 (Residential Planned Community District) 540 - 665 - 5651 R5 (Residential Recreational Community District) Map Created: September 15, 2017 RA (Rural Areas District) Staff: tklein RP (Residential Performance District) 065130260Feet 55K 1 1 4 1 9 55K 1 1 8 MDP # 05 - 17 55K 1 55K 1 55K 1 1 5 1 7 1 6 Abrams Chase 65 A 24 PINs: 55K 1 65 - A - 27A, 65 - A - 28A 1 24A 65 A 25 MDP #05-17 65 A 25A 65 A 27A 65B 9 7 65 A 25B 65B 9 6 MDP #05-17 65B 9 5 65B 9 7A 65 A 28A 65B 9 4 65B 9 8 65B 9 3 65B 9 9 65 A 26A 65B 9 2 55K 1 1 24A 65B 9 10 65B 9 1 ST 657 55K 1 1 24A 65 A 34 65 A 15 65 A 16 65 A 15A 65 A 35C Note: MDP # 05 - 17 Frederick County Dept of Abrams Chase Planning & Development I 107 N Kent St PINs: Suite 202 65 - A - 27A, 65 - A - 28A Winchester, VA 22601 540 - 665 - 5651 Applications Map Created: September 15, 2017 Parcels Staff: tklein Building Footprints 065130260Feet