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Home My WebLink About1997-03-24 97-159 ORDERCOUNCIL ACTION Item No. 97-159 Item/Subject: Authorizing the City Manager and the Fire Chief to Execute a Mutual Aid Agreement Between the City of Bangor and the City of Brewer Responsible Department: Legal On December 29, 1993 the City of Bangor and the City of Brewer entered into a Mutual Aid Agreement for the fire departments of each community to assist the other in case of fire. The new Agreement is the same with the addition of provisions for assistance when one department is participating in regional training and regarding fire department protocol. The Municipal Operations Committee recommends passage Department Head ManageI's Comments: City Manag r Associated Information: Mutual Aid Agreement Finance Director /}Cy . Tif Sol Cit r xntroduced For Passage First Reading Referral Page _ I of 6 9>-159 Ae®pied to CowrcJ« Soucy March 21, 1991 CITY OF BANGOR (TITLE.) (orbETt ........Authorizing the City Manager and the Fire Chief to Execute a Mutual Aid Agreement Between the City ---------OfB & ..an�}cee pity of Brewer By Me City Con 6l of W afy of Hampn. ORDERED, THAT Edward A. Barrett, City Manager, and Jeffrey A. Cammack, Fire Chief, are hereby authorized on behalf of the City of Bangor to execute a Mutual Aid Agreement between the City of Bangor and the City of Brewer. A copy of said agreement is attached hereto. IN CITY COUNCIL March 24, 1997 Passed EPK 9I -I59 ORDER Title, Authorizing the City Manger and the Fire Chief to ExeCute d Mutual Aid Agreement Between the City of Ben or end tfie'Mi'6f. B...e1 .............. .5.... ioe�Ct 9� p Assip,ed to Councilmen 9]-159 AGREEMENT made this � day of 1997, by and between the CITY OF BANGOR thereinafter "Bangor") and the CITY OF BREWER (hereinafter "Br wer"), both municipal corporations located in the County of PemaAOscot, State of Maine. W I T M E 5 S E T H: WHEREAS, by virtue of 39-A M.R.S.A. 5S 2201 at sem. and 3156, the parties by their Municipal Officers may authorize their fire departments to aid in extinguishing fires or other emergencies in other municipalities; NOW, THEREFORE, pursuant to 30-A M.R.S.A. 55 2201 eg sea. and 3156, the parties by their Municipal Officers hereby resolve that their fire departments are authorized to give such aid, and in furtherance of this resolve, the parties agree as follows: (1) In the event that in the Judgment of the Fire Chief or any other officer. in charge of the fire department of either party. a fire or other emergency is occurring or is about to occur in their municipality of such magnitude that it cannot be adequately controlled by local firefighting equipment and personnel, said officer may call on the other party's fire department to furnish available firefighting equipment and personnel for use; either a. in combating the fire or other emergency, or E. as a standby reserve to meet all other calls that may occur before the local firefighting force Is free to take care of them. 97-159 (2) In the event of regional training, the Fire Chief or other officer in charge may request the other fire department to furnish available firefighting equipment and personnel for use to respond to calls during the regional training. (3) Upon receipt of such a call, the aiding fire department shall furnish such equipment and personnel as may be available for the requesting municipality, except that such aiding fire department shall always be permitted to retain sufficient fire- fighting equipment and personnel to fight any fire or meet any emergency within its own boundaries that may be reasonably anticipated. (9) Whenever either fire department responds to a fire or emergency in the other municipality, all companies shall report to the Chief or other incident commander of the municipality requesting aid and receive an assignment. The aiding fire department shall operate under the direction of the Chief or incident commander of the requesting municipality until dismissed. Each individual company shall operate under the immediate super- vision of its own officers. (5) a. Each party 1s responsible for damage to and loss of its Own equipment, except for damage or loss caused by the negligence Or fault of the other party. b. Each party will provide workers' compensation insurance to cover its own personnel for compensable injuries arising out of aid rendered under this Agreement. Each party will maintain sufficient liability insurance on its vehicles and other 97-159 liability insurance consistent with the limits on liability in the Maine Tort Claims ACC. C. Each party will be responsible for the legal consequence of its own negligence to the extent provided by law. It is understood that any liability to third parties caused by negligence or fault of the incident commander or Chief of the community requesting aid, shall to that extent, be the responsibility of the community requesting aid. (6) Whenever a fire department responds to any call, the responding department shall follow the written protocol established by the parties. (7) Services Performed by either party to this Agreement shall be rendered without cost or reimbursement to such party; provided, however, nothing herein shall prevent either party from seeking and receiving reimbursement for the costs of fighting forest fires and reimbursement for haz-mat incidents billed directly to the carrier or facility. (8) This Agreement shall become effective upon the date hereof and shall remain in full force and effect until cancelled by mutual agreement of the parties hereto, or by thirty (30) days' written notice by either party to the other. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and corporate seals the day and year first written above. 97-159 CITY OF BANGOR (By) Witness Jeffrey A. Cammack Its Fire Chief Witness Edward A. Barrett Its City Manager CITY OF BREWER (BY) Witness Bruce F. Kigae Its Fire Chief Witness Arthur C. Verow Its Acting City Manager STATE OF MAINE PENOBSCOT, Be. , 1997 Then personally appeared the above-named Jeffrey A. Cammack, Fire Chief for the City of Bangor, and Edward A. Barrett, City Manager, and acknowledged the foregoing instrument to be their free act and deed in their said capacities, and the fee act and deed of said body corporate. Before me, Notary Public/Attorney-at-Law Printed Name: STATE OF MAINE PENOBSCOT, as. 1997 Then personally appeared the above-named Bruce F. Kigas. Fire Chief for the City of Brewer, and Arthur C. VerOw, Acting City Manager, and acknowledged the foregoing instrument to be their free act and deed in their said capacities, and the fee act and deed of said body corporate. Before me, Notary Public/Attorney-at-Law Printed Name: Date April 19 1997 Item No. 97-161 Item/Subject Amending Land Development Code - 311 Hemm:ond Street - C.O. # 97-161 Responsible Department: Planning Division The Planning Board held a public hearing on the above -noted zone change at its regularly scheduled meeting of April 1, 1999. Son Dawson, representing the applicant, spoke in favor of the proposed zone change. Bill Masters, Lorena Rush and Donald Sentanni, abutting property owners, all spoke in opposition to the proposed change. The Planning Board voted 9 to 1 in favor of a motion to recommend to the City Council that the zone change quest containe{1c C.O. # 97-161 be denied. aC 0....n. :..}NIP ApEpf.�,od7�a -NL5 T-TEYA S*UL.D t 7 i�-- � n -o1. TNDEFF�DITFIY PosTPoNFa./ Depart9offft Head Manager's Comments- cl7y 4 LaYh &tfA n i to City Manager Associated In£0I'IIIat10n:0,d1IJ.,u[�YMP: Budget Approval: Finance Director Legal Approval: u �&tdd 6ny Ci y 5 1 tO In ioduced For Passage _ First Reading Page 1_ of 1_ Referral to Planning Board