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HomeMy WebLinkAbout2004-04-02 Council MinutesCouncil Agenda Item #7(b) • Our Past Gives Us Our Identity! The Future Gives Us Our Purpose! To Reeve Hoppms Members of Council From Mac deBeaudrap, ESMC Date April 2, 2004 Issue Regional Disaster Services Mutual Aid Agreement Background Mutual aid agreements between municipalities allow for sharing of personnel and equipment to provide help to one another in emergencies they would not be able to contend with alone Discussion Agreements can be applied to a variety of situations allowing a common pool of resources, thus minimizing costs and avoiding unnecessary duplication of materials and equipment Attached is a proposed format for a Regional Disaster Services Mutual Aid Agreement for use between, Acme, Linden, Carbon, Trochu, Three Hills and Kneehill County Recommendation 1) That Council approve the Regional Disaster Services Mutual Aid Agreement and direct Admmistration to forward it to the named municipalities for their consideration and signatures Mac deBeaudrap, EMS Coordinator 0 1 58 :I • N DISASTER SERVICES MUTUAL AID AGREEMENT MEMORANDUM OF AGREEMENT BETWEEN THE TOWN OF THREE HILLS , a Municipal Corporation of the Province of Alberta, and THE TOWN OF TROCHU, a Municipal Corporation of the Province of Alberta, and THE VILLAGE OF CARBON, a Municipal Corporation of the Province of Alberta and THE VILLAGE OF ACME, a Municipal Corporation of the Province of Alberta, and THE VILLAGE OF LINDEN a Municipal Corporation of the Province of Alberta, and KNEEHILL COUNTY, a Municipal Corporation of the Province of Alberta, INTRODUCTION 1 The Municipal Corporations (referred to hereinafter as "the Parties") of Three Hills, Trochu Acme Linden, Carbon and Kneehill County are neighboring authorities Each of the Municipal Corporations has appointed a Director of Disaster Services pursuant to the provisions set out in Section 11 of The Disaster Services Act R S A 2000 However a 59 E E disaster or emergency could affect the Parties to such a degree that local resources could be inadequate to cope with the disaster or emergency AIM 2 To form an agreement among the Parties for mutual aid to be provided in the event of a disaster or emergency This agreement is not intended to replace agreements for the sharing of firefighting resources which may already exist DEFINITIONS 3 For the purpose of this agreement a "disaster" means an event that results in serious harm to the safety, health or welfare of people or in widespread damage to property, and b 'emergency" means an event that requires prompt coordination of action or special regulation of persons or property to protect the health, safety or welfare of people or to limit damage to property PROCEDURE FOR INVOKING MUTUAL AID 4 Prior to invoking the provisions of this agreement, the party affected or threatened by the disaster or emergency and requesting mutual aid may implement its Municipal Emergency Plan When an elected official or designate deems appropriate a request for assistance may be made 5 All requests for mutual aid shall be made in accordance with the following procedure a all requests or assistance should be initiated by an elected official or designate of the Requesting Party, and b in the event that the Responding Party0es) receives(s) a request for mutual aid from someone other than an authorized official listed above the Responding Party(ies) shall confirm, by reasonable means, its (their) response with the Requesting Party prior to making such response 60 • N N 11 COMMAND AND CONTROL OVER EMERGENCY RESPONSE PERSONNEL AND EQUIPMENT 6 While emergency response personnel and equipment are at all times under the direct command of its (their) own respective departments, officials of the Requesting Party shall direct the deployment of all emergency response personnel and equipment dispatched to their aid COST RECOVERY PROCEDURE 7 In general, the Requesting Party shall be liable for the payment of all costs incurred by the Responding Party(ies) in coming to its aid LIMITATIONS ON ASSISTANCE PROVIDED 8 Mutual aid for disaster or emergency assistance contemplated herein shall be provided solely and absolutely at the discretion of the elected official or designate of the Responding Party(ies) In general, the Responding Party(ies) may provide one of the following responses a no response or b a full response or c a limited response 9 The Responding Party0es) shall not be required to respond immediately to disaster or emergency calls In the sole opinion of the elected official (or designate) of the Responding Party0es), only personnel and equipment which can reasonably be spared at the time of the call without impairing the Responding Party's(ies') capacity to protect life or property within its own boundaries shall be provided Furthermore, the Responding Party(ies) shall not be liable to the Requesting Party for any damage or injury for failing to respond to any call or for a delay in responding to any call or as a result of failure of the equipment in going to the scene of the disaster or emergency INDEMNITY 10 The Requesting Party shall indemnify and save harmless the Responding Party(ies), its (their) employees, personnel and volunteers 61 U N E engaged in the performance of this agreement from and against all claims and demands, loss costs, damages, actions, suits or other proceedings, including personal injury or death Further, the Requesting Party shall indemnify the Responding Party(ies) against all loss or expense incurred by the Responding Party(ies) for damage to its (their) equipment incurred by the performance of the services by the Responding Party(ies) pursuant to this agreement excluding damage or loss caused by negligence of the Responding Party in the performance of duty BINDING AGREEMENT 11 This agreement shall supersede any and all previous disaster and emergency mutual aid agreements (other than the aforementioned agreements for the sharing of firefighting resources) whether oral or written, among the Parties INCEPTION AND TERMINATION 12 This agreement shall come into force when it has been signed by all parties and shall continue in force until such time as Parties give proper notice and withdraw Any Party may withdraw from this agreement by giving not less than 180 days' notice to all other Parties of the agreement 62 IN WITNESS WHEREOF THIS AGREEMENT IS EXECUTED ON BEHALF OF THE PARTICIPATING MUNICIPALITIES (PRIVATE ORGANIZATIONS), BY THE HANDS OF THEIR OFFICERS DULY AUTHORIZED IN THAT BEHALF AND UNDER EACH MUNICIPAL SEAL AFFIXED �l N 63 C7 • n LJ • (d) "Disaster Services Committee" means the committee established under this By-law (e) "emergency" means an event that requires prompt co ordination of action or special regulation of persons or property to protect the health, safety or welfare of people or to limit damage to property (f) "Minister" means the Minister charged with administration of the Act, (9) "Municipal Disaster Services Agency" means the agency established under this By-law, and (h) "Municipal Emergency Plan " means the emergency plan prepared by the Director of Disaster Services to co ordinate response to an emergency or disaster 3 There is hereby established an Disaster Services Committee to advise Council on the development of emergency plans and programs 4. There is hereby established a Municipal Disaster Services Agency to act as the agent of Council to carry out its statutory powers and obligations under the Act This does not include the power to declare, renew, or terminate a state of local emergency, nor the powers contained in Section 12 of this By law 5 Council shall (a) by resolution, appoint two (2) of its members to serve on the Disaster Services Committee, (b) provide for the payment of expenses of the members of the Disaster Services Committee, (c) by resolution, on the recommendation of the Disaster Services Committee, appoint a Director of Disaster Services and a Deputy 70 �J C: Director of Disaster Services who shall do those things required of the Director of Disaster Services in that person s absence, (dJ ensure that emergency plans and programs are prepared to address potential emergencies or disasters in Kneehill County (e) approve Kneehill County s emergency plans and programs, and (f) review the status of the Municipal Emergency Plan and related plans and programs at least once each year 6 Council may (a) by By-law borrow, levy, appropriate and expend without the consent of the electors, all sums required for the operation of the Municipal Disaster Services Agency and (b) enter into agreements with and make payments or grants, or both to persons or organizations for the provision of services in the development or implementation of emergency plans or programs, including mutual aid plans and programs 7 The Disaster Services Committee shall (a) review the Municipal Emergency Plan and related plans and programs on a regular basis, and (b) advise Council, duly assembled, on the status of the Municipal Emergency Plan and related plans and programs at least once each year 8 The Municipal Disaster Services Agency shall be comprised of one or more of the following (a) the Director of Disaster Services, (b) the Deputy Director of Disaster Services, (c) the Manager, Administrator Clerk or other administrative staff member(s) of the municipality 71 N 11 N C7 (d) the Police Chief or designate or the N C O in Charge, R C M Police or designate, (e) the Fire Chief or designate, (f) the Public Information Officer or designate, (9) the Public Works Foreman or designate, (h) the Ambulance Service Manager or designate, (i) the Community Development Manager or designate, (j) the Health Unit Manager or designate, (k) the Hospital Director or designate, N the Recreational Director or designate, (m) the School Board Chairman or designate, (n) the Social Services Manager or designate, (o) representative(s) from adjacent communities which have entered into mutual aid agreements, (P) representative(s) from local business or business associations (e.g Chamber of Commerce, Board of Trade), (q) representative(s) from local industry or industrial associations, (r) representative(s) from local telephone service provider, (s) representative(s) from Alberta Agriculture Food and Rural Development, (t) representative(s) from Alberta Environment, (u) representative(s) from Alberta Transportation, and (v) anybody else who might serve a useful purpose in the preparation or implementation of the Municipal Emergency Plan 9. The Director of Disaster Services shall (a) prepare and coordinate the Municipal Emergency Plan and related plans and programs for the Kneehill County, 72 N N LJ (b) act as director of emergency operations, or ensure that someone is designated under the Municipal Emergency Plan to so act on behalf of the Municipal Disaster Services Agency, and (c) co ordinate all emergency services and other resources used in an emergency, or (d) ensure that someone is designated to discharge the responsibilities specified in paragraphs (a) (b), and (c) 10 The power to declare or renew a state of local emergency under the Act, the powers specified in Section 12 of this By-law, and the requirement specified in Section 15 of this By-law are hereby delegated to a committee comprised of the Reeve, or the Deputy Reeve, alone, or in their absence, any two members of Council This committee may at any time when it is satisfied that an emergency exists or may exist, by resolution make a declaration of a state of local emergency 11 When a state of local emergency is declared, the person or persons making the declaration shall (a) ensure that the declaration identifies the nature of the emergency and the area of the municipality in which it exists, (b) cause the details of the declaration to be published immediately by such means of communication considered most likely to notify the population of the area affected, and (c) forward a copy of the declaration to the Minister forthwith 12 Subject to Section 15, when a state of local emergency is declared, the person or persons making the declaration may (a) cause the Municipal Emergency Plan or any related plans or programs to be put into operation 73 L H \.J (b) acquire or utilize any real or personal property considered necessary to prevent combat or alleviate the effects of an emergency or disaster, (c) authorize or require any qualified person to render aid of a type he or she is qualified to provide, (d) control or prohibit travel to or from any area of the municipality, (e) provide for the restoration of essential facilities and the distribution of essential supplies and provide, maintain and co ordinate emergency medical, welfare and other essential services in any part of the municipality (f) cause the evacuation of persons and the removal of livestock and personal property from any area of the municipality that is or may be affected by a disaster and make arrangements for the adequate care and protection of those persons or livestock and of the personal property, (9) authorize the entry into any building or on any land, without warrant, by any person in the course of implementing an emergency plan or program, (h) cause the demolition or removal of any trees, structures or crops if the demolition or removal is necessary or appropriate in order to reach the scene of a disaster, or to attempt to forestall its occurrence or to combat its progress, (i) procure or fix prices for food, clothing, fuel, equipment, medical supplies, or other essential supplies and the use of any property, services, resources or equipment within the municipality for the duration of the state of emergency authorize the conscription of persons needed to meet an emergency, and 74 -4 1� 0 (k) authorize any persons at any time to exercise in the operation of the Municipal Emergency Plan and related plans or programs, any power specified in Paragraphs (b) through (j) in relation to any part of the municipality affected by a declaration of a state of local emergency 13 When a state of local emergency is declared (a) neither Council nor any member of Council, and (b) no person appointed by Council to carry out measures relating to emergencies or disasters, is liable in respect of damage caused through any action taken under this By- law, nor are they subject to any proceedings by prohibition, certiorari, mandamus or injunction 14 Notwithstanding Section 13, (a) Council and any member of Council and (b) any person acting under the direction or authorization of Council, is liable for gross negligence in carrying out their duties under this By-law 15 When in the opinion of the person or persons declaring the state of local emergency an emergency no longer exists in relation to which the declaration was made, they shall by resolution, terminate the declaration 16 A declaration of a state of local emergency is considered terminated and ceases to be of any force or effect when (a) a resolution is passed under Section 15, (b) a period of seven days has lapsed since it was declared, unless it is renewed by resolution, 75 U I'if C7 (c) the Lieutenant Governor in Council makes an order for a state of emergency under the Act, relating to the same area, or (d) the Minister cancels the state of local emergency 17 When a declaration of a state of local emergency has been terminated, the person or persons who made the declaration shall cause the details of the termination to be published immediately by such means of communication considered most likely to notify the population of the area affected 18 Bylaw No 1483 passed on 2004, dealing with the establishment of an Disaster Services Agency is hereby rescinded Y 76 This Bylaw comes into force on the day it is finally passed Read a first time this Read a second time this 20 day of day of A D , 20 ,A D , Read a third time and finally passed this day of AD,20 OF REEVE CHIEF ADM/N/STRAT/VE OFFICER 77 w r Sh-� !�u PiPri��P�ia�s CoL,�Fr_��N:;;E�1e SPLIT TAX RATE PRESENTATION APRIL 13, 2004 SUMMARY Assessment Change Explanation Present Tax Rate Structure Split Tax Rates Evaluation Conclusion Assessment Change 5.23% increase in 2003 assessment over 2002 Individual class increases — handout H Irl [A L�] • Present Tax Rate Structure Kneehill County uses uniform general municipal tax rate for residential farm and commercial • Tax increases for municipal purposes are applied straight across the board Asus...nt Classes Split Tax Rate • Section 354(3) of MGA provides for split tax rates handout • 55/63 of rurals using split tax rates — handout • Advantage tax increases can be applied to the assessment classes which are responsible for the growth/system stresses 1�9 N C7 N EVALUATION Change in policy requires tracking to properly evaluate intended results — possible evaluation tools Number of calls/complaints to County after assessment and tax notices mailed -Number of complaints filed at ARB level OPTIONS Split tax rate change Three separate rates for general municipal purposes impact (verbal) Split tax rate change Two separate rates for general municipal purposes impact (verbal) Maintain status -quo- impact (verbal) CONCLUSION Verbal Recommendation by Interim Director of Finance and Assessor 0 be