HomeMy WebLinkAbout2004-04-02 Council MinutesCouncil Agenda Item #7(b)
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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
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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
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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
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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
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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
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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
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(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
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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
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(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,
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(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
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(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
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(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,
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(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
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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
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,A D ,
Read a third time and finally passed this day of
AD,20
OF
REEVE
CHIEF ADM/N/STRAT/VE OFFICER
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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
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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
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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
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be