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2002-3351 ORDORDINANCE NO. 2002-3351 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMi BEACH, FLORIDA AMENDING MIAMI BEACH CITY CODE CHAPTER 42 "EMERGENCY SERVICES", BY ADDING SECTION 42-1 ENTITLED "MINIMUM STAFFING", PROVIDING FOR CERTAIN MINIMUM EMERGENCY EQUIPMENT AND STAFFING STANDARDS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. WHEREAS, it is in the best interest of the citizens and of emergency service personnel to maintain emergency service staffing levels which comport with established safety standards; and WHEREAS, studies conducted have established certain minimum emergency equipment and staffing levels in order to provide the optimum emergency services for a metropolitan city of this size; and WHEREAS, given the density of the population and the high rise facilities which comprise a substantial part of the City's residential and commercial usage, emergency services must be tailored to the particular environment of this City; and WHEREAS, studies have shown that certain staffing levels must be met in order to protect the well-being of the firefighters and first responders at the scene of emergencies; and WHEREAS, the current staffing of the Miami Beach Fire Department is such as to require emergency personnel to be required to often work in overtime situations which takes a toll on the physical and mental well-being of the personnel on the scenes of emergencies and disasters; and WHEREAS, the City seeks to minimize danger and maximize safety for its employees, residents, and tourists. NOW, THEREFORE, BE iT ORDAINED BY THE MAYOR AND CiTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 42 entitled "Emergency Services" is hereby amended to read as follows: Sec. 42-1. "Minimum Staffing." The City of Miami Beach will provide minimum staffing for Miami Beach Fire Department apparatus existing in active service. In the interest of those who visit the City of Miami Beach, its residents and the members of the Miami Beach Fire Department, active service apparatus shall be staffed with no less than: a. Four (4) persons per Ladder Truck, with one (1) designated as the officer, one (1) designated as the driver/engineer and two (2) flrefighters. b. Four (4) persons per Pumper or Quint, with one (1) designated as the officer, one (1) designated as the driver/engineer and two (2) flrefighters. c. Three (3) persons per Rescue Unit, with one (1) designated as the driver/team leader and two (2) flrefighters. d. One (1) officer per EMS Supervisor Unit. The foregoing staffing shall be accomplished without reducing the number of fire apparatus or rescue apparatus currently provided by the Miami Beach Fire Department for other than routine service and maintenance. In the event that any new models or types of apparatus are placed into service, other than those specified in this section, safe staffing levels shall be established which act in accordance with industry standards. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be re-numbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. EFFECTIVE DATE This ordinance was amended on September 26, 2002, to take effect on the Ist day of November 2002. CITY CLERK PASSED and ADOPTED THIS 20TM DAY OF MARCI~ MAYOR CITY OF MI,~I BEACH COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida Amending Miami Beach City Code Chapter 42 "Emergency Services", By Adding Section 42-1 Entitled "Minimum Staffing", Providing For Certain Minimum Emergency Equipment And Staffing Standards Issue: IAdoption of ordinance to establish a minimum staffing level .The implementation of this ordinance will occur over several fiscal years with the percentage of shifts meeting the required minimum staffing increasing each year until the minimum staffing requirement is met for all shifts Item Summary/Recommendation: The implementation of this ordinance will occur over several fiscal years with the percentage of shifts meeting the required minimum staffing increasing each year until the minimum staffing requirement is met for all shifts. Therefore, to achieve the Commission's objectives the Administration proposes the following actions: 1 - Add three or four additional firefighters positions to the Fire Department and initiate recruitment so the additional firefighters will be on board at the beginning of FY2002-2003; 2 - Assess the percentage of shifts (following the addition of these firefighters), which have achieved the minimum 4-person staffing as required by the ordinance (We currently exceed a minimum staffing requirement of 42 positions approximately 35% of the time.); and, 3 - Add the remaining number of firefighters needed to fully operate at the minimum staffing requirement in the FY 2003-2004 budget so that full compliance with the ordinance will be achieved. 4 - The fiscal impact of hiring 3 or 4 firefighters will range from $137,000 to $182,000 and will be funded as an enhancement in the FY 2002-2003 budget. The language of the ordinance has been modified such that in determining compliance with the minimum staffing language, the period of time during any shift when on-duty firefighters are in paramedic training will not be considered to reduce the shift staffing and fire apparatus will respond with available on-duty staffing. Advisory Board Recommendation: Finance and Citywide Projects Committee recommendation was presented at the February 20, 2002 Commission meeting. Financial Information: Amount to be expended: Source of ~ ~ ~ ~ Funds: $137,000-$182,~0 FY 2002-2003 Budget Finaneo Dopt. [~ ~ A E.DA,TE. DATE COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission DATE: Mamh 20, 2002 FROM: SUBJECT: Jorge M. Gonzalez~ .A,~,p.----~ SECOND READING City Manager /)¢,'"'~ PUBLIC HEARING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING MIAMI BEACH CITY CODE CHAPTER 42 "EMERGENCY SERVICES", BY ADDING SECTION 42-1 ENTITLED "MINIMUM STAFFING", PROVIDING FOR CERTAIN MINIMUM EMERGENCY EQUIPMENT AND STAFFING STANDARDS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS The National Fire Protection Association (NFPA) is a non-profit organization that develops fire, electrical and other life safety standards. It was founded in 1896 and its codes and standards are respected worldwide. NFPA 1710 is a standard concerning personnel deployment and response times to fires and medical emergencies. The key provisions of NFPA 1710 for fire suppression are as follows: 1) Calls for four people (on one vehicle or multiple vehicles) to arrive at a fire scene within five minutes, 90 % of the time. The five-minute time frame includes one minute for firefighters to get into gear; and/or 2) Calls for 14 or 15 people to arrive at a "Full Alarm Assignment" within nine minutes, 90% of the time. The nine-minute time frame includes one minute for firefighters to get into gear. Staffing is calculated by task assignment to deploy an initial fire attack. If an aerial device is placed in service, an additional individual is required to operate the aerial. We have previously distributed an LTC to you that discussed the requirements of NFPA 1710 along with a copy of the International Association of Fire Chiefs "NFPA 1710 Decision Guide" and a copy of the NFPA standard. Staffin.q According to the "NFPA 1710: A Decision Guide" prepared by the International Association of Fire Chiefs, NFPA 1710 does not require four people on every piece of apparatus. The recommendation refers to a four firefighter minimum staffing requirement, however, the section is modified by the definition of company that includes" a group of members...dispatched and arriving together, continuously operating together and managed by a single company officer". That definition allows the assembly of a four-person company using multiple-vehicle staffing or mutual aid. Response Time Not including the one minute turnout time for firefighters to get into gear, NFPA 1710 allows four minutes or less for the arrival of the first arriving engine company and/or eight minutes or less for the deployment of a full first alarm assignment at a fire incident. Implementation NFPA 1710 envisions implementation as a multi-year process. Even for those departments that implement 1710 immediately the first required report about implementation won't be due to the authority having jurisdiction until early 2006. Further the" Decision Guide" reminds us that Implementation of NFPA 1710 does not require adoption of NFPA 1710. How the City of Miami Beach complies with NFPA 1710 Staffing When responding to a structural fire the City of Miami Beach dispatches and assigns the following response team: 3 engines -(4 firefighters each) 1 ladder 1 or 2 rescue vehicles - (3 firefighters each) 1 EMS Supervisor I Division Chief 12 firefighters 3 firefighters 3 -6 firefighters 1 supervisor I Division Chief 20 -23 persons The City clearly meets and exceeds the minimum staffing requirements of 14/15 persons under the NFPA 1710 guidelines. Response Time The City currently meets and exceeds the response time requirements under the NFPA 1710 guidelines of five and nine minutes. Legal Implications This standard raises a number of legal issues and concerns, which should be addressed by the City Attorney before a decision for adoption is made. Finance and Citywide Proiects Committee This item was referred to the Finance and Citywide Projects Committee at the January 30, 2002 Commission meeting for a discussion of the financial implications of the proposed ordinance and the implementation of NFPA 1710 prior to the first reading of the Ordinance at the February 20, 2002 Commission Meeting. Fire Chief Floyd Jordan made a PowerPoint presentation at the Finance and Citywide Projects Committee meeting of February 19, 2002 which outlined the key provisions of NFPA 1710 and explained compliance requirements. Three options for achieving compliance with the necessary staffing levels were identified. These alternatives included: 1 - Staffing the air truck with overtime personnel and dispatching it with either ladder truck at an estimated cost of $215,000 annually or $125,000 for the remainder of the year; 2 - Hiring four additional firefighters to staff the air truck and assigning the air truck to respond with all ladder calls at an estimated first-year cost of $182,000 including salaries, benefits and equipment; and 3 - Hiring nine firefighters to staff the aerials at an estimated first-year cost of $410,000 including salaries, benefits and equipment. As a result of the five additional flexible positions added during the FY 2001 budget, approximately 35% of shifts are currently staffed above the minimum of 42 positions. Funding of approximately $137,000 was included in the FY 2002 budget as an enhancement to provide additional peak-hour rescue response for the North Beach area. These funds which are currently frozen (as a result of the September 11 impact on Resort Tax and the resulting 20% retainage) could be reallocated and fund the first option this year. To implement other options prior to the FY 2003 budget would require reallocation of funding from other programs. The Finance Committee discussed the alternatives and recommended that the item be Forwarded to the full Commission. February 20, 2002 Commission Meetin.q Fire Chief Floyd Jordan made a PowerPoint presentation which outlined the key provisions of NFPA 1710, explained compliance requirements and proposed three options for achieving compliance with the necessary staffing levels. After considerable discussion the Commission approved the ordinance on first reading and directed the Administration to develop an implementation plan that would include a ramp- up period over two fiscal years to take advantage of possible federal funding that may become available and to indicate how the additional positions would be funded. The implementation of this ordinance will occur over several fiscal years with the percentage of shifts meeting the required minimum staffing increasing each year until the minimum staffing requirement is met for all shifts. Therefore, to achieve the Commission's objectives the Administration proposes the following actions: 1 -Add three or four additional firefighters positions to the Fire Department and initiate recruitment so the additional firefighters will be on board at the beginning of FY2002-2003; 2 - Assess the percentage of shifts (following the addition of these firefighters), which have achieved the minimum 4-person staffing as required by the ordinance (We currently exceed a'minimum staffing requirement of 42 positions approximately 35% of the time.); and, 3 - Add the remaining number of firefighters needed to fully operate at the minimum staffing requirement in the FY 2003-2004 budget so that full compliance with the ordinance will be achieved. 4 - The fiscal impact of hiring 3 or 4 firefighters will range from $137,000 to $182,000 and will be funded as an enhancement in the FY 2002-2003 budget. The language of the ordinance has been modified such that in determining compliance with the minimum staffing language, the period of time during any shift when on-duty firefighters are in paramedic training will not be considered to reduce the shift staffing and fire apparatus will respond with available on-duty staffing. NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Rorida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, March 20, 2002 at the times listed below, to consider the following: at 10:40 a.m,: AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill THEREOF, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENOING DIVISION 6, ENTITLED "CULTURAL ARTS COUNCIL," BY AMENDING SECTION 2-54, ENTITLED "COMPOSITION" AND SECTION 2~55(C), ENTITLED "APPOINTMENT AND TERM OF MEMBERS"; INCREASING THE NUMBER OF MEMBERS ON THE COUNCIL FROM NINE TO ELEVEN VOTING MEMBERS; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. Inquiries may be directed to Cultural Arts at (305) 673-2787. __~,._. at 10:41 a.m.: AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 42 "EMERGENCY SERVICES," BY ADDING SECTION 42-1 ENTITLED "MINIMUM STAFFING," PROVIDING FOR CERTAIN MINIMUM EMERGENCY EQUIPMENT AND STAFFING STANDARDS; PROVIDING FOR REPEALER, SEVERABILITY. CODIFICATION, AND EFFECTIVE DATE. Inquiries may be directed to the Fire Department at (305) 673-7120, at 10:45 a.m,; ' AN ORDINANCE AMENBIN{~ MIAMI BEACH CITY CODE CHAPTER 2, ADDING SECTION 2-461 ENTITLED "CERTAIN RELATIONSHIPS OF CITY COMMISSION MEMBERS PROHIBITED," BY PROHIBITING MEMBERS OF THE CITY COMMISSION FROM EITHER DIRECTLY OR INDIRECTLY APPEARING, REPRESENTING, CONTRACTING WITH OR ACTING ON BEHALF OF A PARTY OTHER THAN A NON PROFIT ENTITY WITH RESPECT TO' ANY MATTER COMING BEFORE THE CITY COMMISSION; PROVIDING FOR REPEALER, SEVERABILITY. CODIFICATION, AND EFFECTIVE DATE. Inquiries may be directed to the Legal Department at (305) 673-7470. at 10:5~ a,m,', AN ORDNANCE OREAT,NG MW, BEACH C,TY CODE SECTION 70-42, ENT, D"CAMP,NO PROffiBITED' OF MIAM, B CH C,TY CODE ENTITLED "OFFENSES-MISCELLANEOUS"; PROVIDING FOR DEFINITIONS; PROHIBITING CAMPING IN PUBLIC PLACES LOCATED WITHIIN THE ClTYN ; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Inquiries may be directed to the Neighborhood Services at (305) 673-7077. at 11:00 a.m.: AN ORDINANCE OF THE MAYOR AND ~;ITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE Il, "DISTRICT REGULATIONS", DIVISION 2, "SINGLE FAMILY RESIDENTIAL DISTRICTS", BY CREATING PROCEDURES FOR THE REVIEW OF DEMOLITION REQUESTS FOR HISTORICALLY SIGNIFICANT SINGLE FAMILY HOMES CONSTRUCTED PRIOR TO 1942 AND NOT LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. Inquiries may be directed to the Planning Department a.t ¢05) 673-7550. ALL NTERESTED PARTIES are nvitod to appear at th s meet ng, or be represented by an agent or to express their views in writing addressed to the City Commission, c/o. the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hal. M am Beach, Flodda 33139. Cop es of these ordinances ars available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Rs. Stat. the City hereby advises the public that: if a person decides to appeal commission with respect to any matter considered at its meet ng or ts hear rig, such person must ensure that a verbatim recora of the proceed ngs s made, whch record ocudes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. in accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the City Clerk's office no later than four days prior to the proceeding, telephone (305) 673-7411 for assistance; if hearing impaired, telephone the Florida Relay Service numbers, (800) 9,55-8771 (TOD) or (800) 955-8770 (VOICE'), for assistance. Ad # 00~__