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ORDINANCE APPROVING MUTUAL AID AGREEMENT
BETWEEN FREDERICK COUNTY AND THE CITY OF WINCHESTER
FOR BUILDING INSPECTIONS ASSISTANCE
AT THE WINCHESTER MEDICAL CENTER/VALLEY HEALTH EXPANSION
WHEREAS, the City of Winchester desires to utilize Frederick County's building
inspection's staff of certified inspectors to assist and/or augment the City's limited staff
capabilities for conducting required building inspections on the Winchester Medical
Center/Valley Health Expansion construction project in accordance with the Virginia Uniform
Statewide Building Code in a timely manner; and
WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, find this
mutual aid agreement to be in the best interest of both Frederick County and the City of
Winchester.
NOW, THEREFORE BE IT ORDAINED, that the Board of Supervisors of the County
of Frederick, Virginia approves the Mutual Aid Agreement between Frederick County and the
City of Winchester for Building Inspections Assistance at the Winchester Medical Center/Valley
Health Expansion project, as attached.
BE IT FURTHER ORDAINED, that the Chairman is hereby authorized to execute this
mutual aid agreement on behalf of Frederick County.
ADOPTED this 14`" day of October, 2009.
VOTE:
Richard C. Shickle Aye Gary A. Lofton Aye
Gary W. Dove Aye Bill M. Ewing Absent
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Philip A. Lemieux Aye
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John Riley, Jr.
Frederick County Administrator
BOS Res. X6036 -09
MUTUAL AID AGREEMENT FOR BUILDING INSPECTIONS ASSISTANCE
AT THE WINCHESTER MEDICAL CENTER/VALLEY HEALTH EXPANSION
THIS AGREEMENT, made and entered into this day of , 2009, by
and between the Board of Supervisors of Frederick County, Virginia, party of the first and- the
Common Council of the City of Winchester, Virginia, party of the second part,
1. PURPOSE:
To utilize Frederick County's building inspection's staff of certified inspectors to assist
and/or augment the City of Winchester's limited staff capabilities for conducting required
building inspections on this large local construction project in accordance with the
Virginia Uniform Statewide Building Code in a timely manner, while recovering labor
costs for this service.
2. DURATION:
The term of this assistance agreement shall be from the day of , 2009
until the completion of the above project. Either jurisdiction may terminate this
agreement upon 30 days written notice to the other.
FINANCING:
The City of Winchester shall pay the cost of this service at the rate of $40.00 per hour
with a one hour minimum charge per visit to the project site or other locations related to
the above project. Services rendered for this amount include, but are not limited to:
access to certified inspector in the requested field and Inspector's equipment and
transportation to the site location. Billing and payment for this service will occur at the
time specified by the Frederick County Finance Department.
Each jurisdiction shall, throughout the course of this agreement and upon termination of
the agreement, retain title to any and all property it contributes toward the performance of
activities under this agreement.
4. LIABILITY:
To the extent permitted by law and without waiving sovereign immunity, each member
political subdivision shall be responsible for any and all claims, demands, suits, actions,
damages, and causes for actions related to or arising out of or in any way connected with
its own actions, and the actions of its personnel in providing mutual aid assistance
rendered or performed pursuant to the terms and conditions of this Resolution. Each
member political subdivision agrees to obtain general liability, auto liability, public
official's liability and law enforcement liability, if applicable, with minimum single
limits of no less than one million dollars.
Each member political subdivision shall be responsible for complying with the Virginia
Motor vehicle financial responsibility laws and supply its own vehicle liability coverage.
Each jurisdiction shall be responsible for its own actions and those of its employees and
is responsible for complying with the Virginia Workers Compensation Act.
The Board of Supervisors of
Frederick County, Virginia
Chairman
ATTEST:
Co�fy �Admmistrator
The Common Council of the
City of Winchester, Virginia
:'
ATTEST:
City Manager
Mayor
EJ�1
COUNTY of FREDERICK
Department of Public Works
540/665 -5643
FAX: 540/ 678 -0682
MEMORANDUM
TO: Board of Supervisors
FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works `��-/ -.�
SUBJECT: Public Works Committee Report for Meeting of September 29, 2009
DATE: October 8, 2009
The Public Works Committee met on Tuesday, September 29, 2009' at 8:00 a.m. All
members were present. The following items were discussed:
** *Items Requiring Action * **
1. Joint Agreement for Inspections Services
The committee reviewed and unanimously endorsed a proposed mutual assistance
agreement submitted by Building Official, John Trenary. The Mutual Assistance Agreement
will be between the City of Winchester and Frederick County and will establish requirements
for Frederick County providing inspection services related to the proposed hospital
expansion. A resolution will be prepared for the board's review. (Attachment 1)
2. Proposal for Spay/Neuter Program — Animal Shelter
The committee reviewed and unanimously endorsed a request from Animal Shelter
Manager, Kathy Whetzel, to consider an offer from an anonymous benefactor to donate an
RV equipped with all the necessary equipment to perform spay /neuter surgeries. The
attachment memorandum dated September 22, 2009, describes the need for these services.
The memorandum also indicates that this vehicle will be shared with other organizations who
will also share in the costs. Costs incurred by Frederick County will be offset by revenue
generated from existing spay /neuter fees. Staff will await the decision of the board before
replying to the benefactor. (Attachment 2)
107 North Kent Street •Winchester, Virginia 22601 -5000
Public Works Committee Report
Page 2
October 8, 2009
** *Items Not Requiring Action * **
1. Closed Session
A closed session was convened in accordance with the Code of Virginia §2.2 -3711 Subsection A,
(3), Acquisition and Disposition of Real Estate. After reconvening into the regular session, the
committee unanimously certified that only items covered under the above section were discussed in
the closed session. No action was taken.
2. Discussion of HVAC Repair Options - Bowman Library
As a result of previous reviews and comments by the public works committee, bids were
solicited and received for repairs to the HVAC equipment at the Bowman Library. Because
of the results of these bids, Assistant County Administrator, Kris Tierney, prepared a
memorandum dated September 21, 2009, highlighting the results and requesting input from
the committee about a possible new direction. After reviewing the bid results including new
technical information, the committee recommended that the repairs be rebid with an
emphasis on replacing the damaged compressor only with an add alternate to replace the
entire chiller system. The committee further recommended that the bid results be returned to
the committee prior to submittal to the finance committee. (Attachment 3)
3. Update on Proposed Stormwater Regulations
Deputy Director of Public Works, Mr. Joe Wilder, presented the committee with an
update of the proposed stormwater regulations which have been revised to reflect numerous
(over 3,000) comments. He informed the committee that the Department of Conservation
and Recreations board will vote on the revised regulations on October 5, 2009. He indicated
that the revised regulations as presented in the draft will allow communities with approved
stormwater ordinances to develop alternate criteria that meets the intent of the regulations.
The proposed regulations will also encourage development in urban areas with a buy down
provision which will allow developers to pay for additional phosphorous at a rate of $15,000
per pound over allowable.
4. Landfill Tour for City of Winchester Council Members
The director indicated that the landfill staff ha,s attempted to schedule landfill tours on
numerous occasions for members of Winchester's City Council.. To date, our efforts have
proven to be futile. We will suspend any further attempts unless initiated by Winchester
representatives.
5. Daycare at Old Gainesboro School
Gainesboro Magisterial District Supervisor, Mr. Gary Dove, indicated that he has been
approached by a representative from the Redland United Methodist Church to explore the
possibility of establishing a daycare facility in the Old Gainesboro School. He will
coordinate a meeting with staff and Redland representatives. In all probability, the "'
T:\ Rhonda\ PWOOMMITTEE\ CURYEARCOMREPORTS \9- 29- 09pwcomrep.doc
Public Works Committee Report
Page 3
October 8, 2009
existing ancillary building would be the logical choice for such an application.
6. Miscellaneous Reports
a) Tonnage Report
(Attachment 4)
b) Recycling Report
(Attachment 5)
c) Animal Shelter Dog Report
(Attachment 6)
d) Animal Shelter Cat Report
(Attachment 7)
Respectfully submitted,
Public Works Committee
Gary W. Dove
Gene E. Fisher, Chairman
George Ludwig
Philip Lemieux
Whit L. Wagner
Robert W. Wells
James Wilson
BY Q � �Q � � �� �.
Harvey E. Straw n der, Jr., P.E. � ,�
Public Works Director
HES /rls
Attachments: as stated
cc: file
T: \ Rhonda \P W COMMITTEE \CURYEARCOMREPORTS \9 -29 -09 pwco mre p.d oc
ATTACHMENT
of FREDERICK
Inspections Department
John S. Trenary, Building Official
MEMORANDUM 5401665 -5650
Fax 540/678 -0682
TO: Public Works Committee
r'
FROM: John S. Trenary, Building Code Official
THRU: Harvey E. Strawsnyder, Director of Public Works
SUBJECT: Mutual Assistance Agreement for Building Code Enforcement
DATE: September 22, 2009
Please review the attached draft for Mutual Assistance Agreement for Building Code
Enforcement. The Building Code Official with the City of Winchester is considering our
assistance with the Winchester Medical Center/Valley Health Expansion.
Having a Mutual Aid Agreement in place will be a benefit to all parties and will allow us
to support one another during the most difficult of times. Mutual Aid Agreements are
common in other service areas such as law enforcement and fire and rescue services.
As most of you are aware, having a Mutual Aid Agreement with other localities in case
of an emergency or disaster is also one of the requirements of the Insurance Service
Organization (ISO) rating criteria. The agreement will allow us to assist one another
with inspecting buildings for safety, sending personnel to aid in the determination of
structure status, providing temporary staffing of personnel as needed to handle the
volume of permits or any other issues that may arise during an emergency, disaster or
an event in either of our localities. The proposed agreement is not specifically limited to
aid during a disaster but also includes an emergency as deemed by the local Building
Code Official or Administration of the locality that would warrant some type of
assistance.
The localities agree to provide Building Inspection support to each other within their
respective capabilities, (personnel certified in fields to conduct inspections) at the time
the request for support is made and may invoke the assistance contemplated in this
agreement: (a) in the event of an emergency as determined by the local Building Code
Official of his /her designate; or (b) in any other event or situation where such assistance
is deemed necessary by the parties to this Agreement for the protection and safety of
each locality's citizens for enforcement of the Virginia Uniform Statewide Building Code.
107 North Kent Street •Winchester, Virginia 22501.
Public Works Committee Memo
Page Two
All Building Inspection personnel responding to a request for assistance pursuant to the
agreement shall respond to inspection activity scheduled through the Building Code
Official of the jurisdiction requesting assistance. The authority having jurisdiction shall
receive and review all inspection results for compliance to the Virginia Uniform
Statewide Building Code.
Nothing in this agreement shall compel any party to respond to a request for assistance
and support, or to continue providing assistance or support, when personnel of the
jurisdiction to whom the request is directed are, in the opinion of the jurisdiction, needed
or in use for other duties within their jurisdiction.
Mutual aid relief may consist of certified personnel, their inspection equipment or other
terms or assistance needed and requested as agreed upon at the time of request.
�: �,�
„1 -,
MUTUAL AID AGREEMENT FOR BUILDING INSPECTIONS ASSISTANCE
AT THE WINCHESTER MEDICAL CENTER/VALLEY HEALTH EXPANSION
THIS AGREEMENT, made and entered into this day of , 2009, by
and between the Board of Supervisors of Frederick County, Virginia, party of the first and the
Common Council of the City of Winchester, Virginia, party of the second part,
PURPOSE:
To utilize Frederick County's building inspection's staff of certified inspectors to assist
and /or augment the City of Winchester's limited staff capabilities for conducting required
building inspections on this large local construction project in accordance with the
Virginia Uniform Statewide Building Code in a timely manner, while recovering labor
costs for this service.
2. llURATION:
The term of this assistance agreement shall be from the day of , 2009
until the completion of the above project. Either jurisdiction may terminate this
agreement upon 30 ( ?) days written notice to the other.
3. FINANCING:
The City of Winchester shall pay the cost of this service at the rate of $40.00 per hour
with a one hour minimum charge per visit to the project site or other locations related to
the above project. Services rendered for this amount include, but are not limited to:
access to certified inspector in the requested field and Inspector's equipment and
transportation to the site location. Billing and payment for this service will occur at the
time specified by the Frederick County Finance Department.
Each jurisdiction shall, throughout the course of this agreement and upon termination of
the agreement, retain title to any and all property it contributes toward the performance of
activities under this agreement.
4. LIABILITY:
To the extent permitted by law and without waiving sovereign immunity, each member
political subdivision shall be responsible for any and all claims, demands, suits, actions,
damages, and causes for actions related to or arising out of or in any way connected with
its own actions, and the actions of its personnel in providing mutual aid assistance
rendered or performed pursuant to the terms and conditions of this Resolution. Each
member political subdivision agrees to obtain general liability, auto liability, public
official's liability and law enforcement liability, if applicable, with minimum single
limits of no less than one million dollars.
Each member political subdivision shall be responsible for complying with the Virginia
Motor vehicle financial responsibility laws an;� supply its own vehicle liability coverage.
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Each jurisdiction shall be responsible for its own actions and those of its employees and
is responsible for complying with the Virginia Workers Compensation Act.
The Board of Supervisors of
Frederick County, Virginia
ATTEST:
County Administrator
Chairman
The Common Council of the
City of Winchester, Virginia
BY:
ATTEST:
City Manager
Mayor
ATTACHMENT Ii_
COUNTY of FREDERICK
Department of Public Works
540/665 -5643
FAX: 540/678 -0682
MEMORANDUM
TO: Public Works Committee
���,..
THROUGH: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works �,�,,1��,,.
�.�
FROM: Kathy M. Whetzel, Manager, Frederick County Animal Shelter ��� hj-D
SUBJECT: Proposal for Spay/Neuter Program — Animal Shelter
DATE: September 22, 2009
The Animal Shelter is requesting approval to proceed with an innovative project.
It has been a long term goal of the animal shelter to release only spayed and neutered
animals back into the community. Virginia State law requires that all dogs and cats adopted from
an animal shelter be sterilized (Article 6.1 - 3.1- 796.126:1). The cost of sterilizing animals prior
to adoption has been prohibitive.
Currently un- sterilized animals are adopted on a spay /neuter contract. Adopters are
required to pay a deposit. Once the animal is out of the shelter's custody there is no way to
ensure compliance with the spay /neuter law. Approximately 60 percent of adopters are
compliant with the law.
Proposal:
A benefactor who wishes to remain anonyms as is proposing to donate an RV equipped
with all necessary equipment to perform spay /neuter surgeries. A Veterinarian will be hired to
perform surgeries on shelter animals prior to adoption. This would be a regional project with
ownership and costs shared by Frederick C;,unty, the Winchester S.P.C.A. and any other
interested animal shelters in the region. Unly shelter owned animals would be sterilized.
Services would not be offered to the public.
Y07 North Kent Street •Winchester, Virginia 22601 -5000