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HomeMy WebLinkAbout2006-26129 ResoRESOLUTION NO. 2006-26129 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING THE PASSAGE OF AN ORDINANCE PENDING BEFORE THE MIAMI-DADE COUNTY COMMISSION REQUIRING AN EMERGENCY RESPONSE PLAN FROM GAS STATIONS LOCATED IN THE INCORPORATED AND UNIN- CORPORATED AREAS FOR THE PROVISION OF FUEL DURING LOCAL STATE OF EMERGENCY. WHEREAS, Hurricane Wilma made landfall in South Florida in the moming hours of October 24, 2005; and WHEREAS, the hurricane created a serious crisis throughout the region involving the shortage of fuel; and WHEREAS, fuel is an indispensable commodity, necessary for the transportation and emergency electrical power to serve hurricane victims and rescue and law enforcement personnel; and WHEREAS, the shortage was the result of a power shortage which rendered inoperable a very large percentage of the gas stations in the region; and WHEREAS, the protection of this community requires that this situation not be repeated and these gas stations provide for an uninterrupted supply of alternate power sufficient to operate the pumps during times of emergency need; and WHEREAS, the Miami-Dade County Commission is presently considering an Ordinance which will require all gas stations in Miami-Dade County, including the incorporated areas, to develop and implement emergency response plans and other protection. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of Miami Beach supports passage of the Ordinance pending before the Miami-Dade County Commission and urges its passage. Section 2. A copy of this Resolution shall be transmitted to the Clerk of the County Commission for distribution to the Mayor and Members of the Commission in order to convey this City's sentiment. Section 3. PASSED and ADOPTED this ATTEST: This Resolution shall take effect uponad/opti~ort. 8th day o MAYOR CITY CLERK Robert Parcher MHD:lm F:XattoXDUBMXRESOLUTl~fuelemerg.doc David Dermer APPROVED AS TO FORM & LANGUAGE & FO~ EXECUTION CITY OF MIAMI BEACH OFFICE OF THE MAYOR & COMMISSION MEMORANDUM TO: JORGE GONZALEZ CITY MANAGER FROM: MURRAY DUBBIN CITY ATTORNEY RICHARD STEINBERG VICE MAYOR DATE: January 25, 2006 Agenda Item- Resolution Supporting Miami-Dade County Ordinance-Emergency Response Plan from Gas Stations Please draft a resolution supporting the passage of the attached Miami-Dade County Ordinance requiring an emergency response plan from gas stations located in the incorporated and unincorporated areas for the provision of fuel during local state of emergency. This resolution should' be placed on the February 8, 2006 Commission Agenda for discussion and action. If you have any questions, please feel free to contact my Aide, Ms. Marlene Taylor, at extension 6087. RLS/mt Agenda Item Date 01-[l? ~16 17 ,_4 ER,i,~I- T-4ZE! POi~1,,"'i~E~7 E-657 2.-'-)6 F..~t Fl:,gler ~t Miami, Fbrida, 33131 Ph. (305) 416.41.55 Fax. (305) 4'~ 6-4157 mclclot~bdlsouth.net To: The Honorable Ricllar~ Steinberg Seconcl Vice President, MDCLC & Executive Board From: Ri~ard Kuper, I:=sq Executive Director. MDCLC Phone: (305) 673-7411 Pagr.~: ( 7 )Including Cover Page Faro (305) 673-7096 Date: January 17, 2006 Miami Dada County Ordinance Howard Lenard, Esq. Re: ce; -General Counsel. MDCLC [] Urgent [~ For Remew [] Please Com..n! [] Please Reply' [] Please Recycle .... ,...."~"":""',?"i .... :':"'"'-'.' t in the incorporated and unincorporated areas..." from ~~;~~~j!~[_~!~..,~ This ominance was neam · ' ::',>;':?::..~.~:;~::.~2;;:;';~';"~ ? . '; :;~';:,:;~:~.e:¢,X.):~.;,3,;..., '.:,~.;¢.".;:,;.;..,:. ):.;,:. ',,"..' ' :. ~. ',' :.:~-,..,~.?.' (first reading) by tl~e Boar~',~:~}~[~omm,~!~~i!~~~~,~~mumty empowerment .... ~,"!~4~i:;;~:~:;~:Z:¢:" '>'?:;?< ' ~' ~:-' · ~' ;~;' : ': .... ' '¥ ,','~i ':%.' :' 'x;v~;:~;:t;>:;v;¢; :; ' ' ':t;Zi~.."':;:'..... ~ and econom,c rev,tal,z.a,~:~i~e'e on Feb~i~~[~m~/~i~.'....,.~{y Commission ..... :~:,..o:~.>...,x.:,.,¢,.,.,.,' ;.!4. :<.¢: =.; ~.e: :.:~:. .~.:.~ · .~; 4. 4..~. 4..~.:.:.~.~. · ~.. - - .:.;. ~ ::; ,, : :~'..i::::~::~ ~":',:,' ~:~;~:¢: ~ ..... :.,.~' ~:.~ ~:~ ~ r:~-~'t;-~'~'-;.?~; ,.,<, ..~,, · ....- -%'%. '.-. ,*~' · -.~- .. .... :.:-: ~.~-,-.,'*--w¢- .-.--<.*: ........ :-~'>:,<..':w-'- 4- -. '~.;- .k' ..~ :,x,x,:,(.~!:,~. x,;,., ~. :.:.'- '- >. - -~.4 :.- .-:. ': :'?*':'';';!:';~ fir.fl~:! !;~ f' .¢::~;.~;: ~:;.;:;?;:;:;:;: ':;-, ,;. ¢ .¢..i!: ~:~.~. ~ ~:~.!:,. :. ,; :~;: ~ !' :. Thank Y ~...,,,.,., ........ , ....... ;, ?.; . : ::: :: :. . r.t .~ !.~.~.t .~ ~.!. ~.t4 ~.~.,~ 4.~ .-: .... ' .... ' '.'. ...... ' 01-~7-"06 17'54 FFD['"I- T-420 P002;'007 F-657 _ .Miami Dade Le,a.~]ue ... From: Sent: To: Sul~ject: MetroDocs~_,miamida~te,gov Friday, January 13, 2006 1:01 PM mdclc@beilsouth, ne[ Miami-Dade Municipality Notification II IIII!__ the Mlaml-Dade Ccunny Doard of County Co'~eI['t"_$$ioners t:eard the flrs'r_ reading ordinance entltled: ORDINANCE REQUIRING EMERGENCY RESPONSE PLAN ~OM GAS STATIONS LOCATED IN THE INCORPOBATED AND UNINCORPORATED AREA£ FOR T~g PROVISION OF FUEL DURING A LOCAL STATE OF EMERGENCY: PROVIDING FOR MINIMUM CONTENTS OF THE PLAN INCLUDING THE REQUIREMENT OF THE UNINTERRUPTgD SUPPLY OF POWE5~ pROVIDING FOR APPROVAL BY THE DIRECTOR OF THE OFFICE OF EMERGENCY MANAGEMENT; PROVIDIN~ ~OR EXEMPTIONS fOR LIMITZD PBRIODS; ESTABLISHING PENALTIES AND ENFORCEMENT PROCEDURES, .a/qENOING CHAPTERS 8B AND 8CC OF THE CODE, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE This ordinance may have a direct fiscal impact 0~1 your municipality. A p'ob!lc hearing to consider this ordinance is scheduled for the Community Empow~ment & Econ. R~.vitaliz&~lo~% Cm~e. meeting on Tuesday, February 14 , 2006 an 2:00 PM in the County Cor~[tission Cnarak, ers located in 'r_.he $~ephen P. clark Building, 111 NW 1st Street, 2nd Floor. Please click on th~. link %20 ~eview rbe ordinance at http://www, miamidade_ gov/govaction/matter.asp?]'~aster=053082 D±anne C. Davis, Age,da Coordlnator Miami-Dade County Office of Agenda Coordination 305-375-2035 miamidade.gov "Deliveriag Excellence Every Da~" 01-17-' 06 17'~4 Fi%~['"I- T-420 P0~3,,'"007 F-657 'Miami-Dade Legislative Item File Number: 053082 Printable PDF Format ti~h ::?!';?:l~,l~r i] File Number: 053082 File Type: Ordinance Status: In Committee Version: 0 Reference: Control: Infrastructure and Land Use Committee File Name: EMERGENCY RESPONSE PLAN FROM GAS Introduced: STATIONS 11/2/2005 Requester:,NONE Cost; Final Action: Agenda Date: 11/3/2005 Agenda Item Number: 14A1 Notes' Title: ORDINANCE REQUIRING EMERGENCY RESPONSE PLAN FROM GAS STATIONS LOCATED IN THE INCORPORATED AND UNINCORPOP~TED AREAS FOR THE PROVISION OF FUEL DURING A LOCAL STATE OF EMERGENCY; PROVIDING FOR MINIMUM CONTENTS OF THE PI.A.N INCLUDING THE REQUIREMENT OF THE UNINTERRUPTED SUPPLY OF POWER; PROVIDING FOR APPROVAL BY THE DIRECTOR OF THE OFFICE OF EMERGENCY MANAGEMENT; PROVIDING FOR EXEMPTIONS FOR L~MITED PERIODS; ESTABLISHING PENALTIES AND ENFORCEMENT PROCEDURES, AMENDING CHAPTERS 8B AND 8CC OF THE CODE, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Indexes: NONE Sponsors: Joe A. Martinez Dr. Barbara Carey-Shuler Jose "Pepe" Diaz Carlos A. Gimenez Sally A. Heyman Barbara J. Jordan Dennis C. Moss Dorrin D. Rolle Sen. Javier D. Souto Rebeca Sosa Sunset Provision: No Effective Date: Expiration Date: Registered Lobbyist: None Listed Legislative History http://www miamidade.gov/govactionimarter.asp?matter=053082&file~tme&yeaxFolder=... 1/17/2006 Acting i~ody Date Agenda Action Sent To Due Date Returfled Pass/Fail Item .., ......~...,...-..., ......... ~. ,....,,. ~-. ........................................... . .......... .. ~... ...... .. ..... ..................................................... . ......... . ....... . ......... . ...................................................... County 1/6t2006 Referred Infrastructure and 2114/2006 A[1;orney Land Use Committee County 1/612006 Referred Attorney County 1/6/2006 Referred Attorney Community 2/1412006 Empowerment & Econ. Revitalization Crate, Community 2/1 ,~12006 Outreach, Safety & Healthcare Admin Cmte County 1/6t2006 Municipality Infrastructure and 211412006 11/1/2005 Manager Notification Land Use Committee ..... ...... . ........... -........... ...................... ~ ... ,~., ~,~..,~.,,_~ ~,.~, ~ ,. ~,,~ ~. ~.,,~.,. ~..., .,.~ B ~...-.,., ~,, .,.,.~, ,-.- ,,-~ ~ ,,,~,.~.~w.,, .¢ ~,~,~..,..,. CoUnty 1t612006 Municipality Community 2114t2006 111112005 Manager Notification Empowerment & Econ. Revitalization Cmte. Co[mty 1/6/2006 Municipality Community Manager NoUfication Outreach, Safety & Heall;hcare AdmJn Crate 211512006 11/1/2005 County 11/212005 Assigned Hugo Benitez 11121~005 Attorney County 11t2/2005 Additions 11tl/2005 Manager Board of 11/t12005 14A'1 Adopted on County first reading Commissioners REPORT: The foregoing rrol20Secl ordinace was subsequently scheduled for public hearing at the Infrastructure and Land Use Committee meeting of February 14, 2006 at 9:30 a.m., the Community Empowerment and Economic Revitalization Committee meeting of February 14, 2006 at 2:00 p.m, and the Community Outreach, Healthcare and Administration Committee meeting of February 15, 2006 at 2:00 p.m. The Board of County Commissioners took action on th~s item on November 3, 2005 Legislative Text h, tlp://www,miamidade,gov/govaction/matter.asp?marter=053082&file--true&yearFolder=... 1/17/2006 0~-17-" g6 17' cc._,._, FRO["I- T-420 P01~5./007 F-657 TITLE ORDINANCE ~QUIRiNG EMERGENCY RESPONSE PLAN FROM GAS STATIONS LOCATED IN THE I'NCORPORATED AND UNINCORPORATED AREAS FOR THE PROVISION OF FUEL DURINO A LOCAL STATE OF EMERGENCY; PROVIDING FOR MINIMUM CONT£NTS OF THE PLAN INCLUDIN@ IH]E R_EQUiREMEN'T O1:' THE I_IN'INTE~U?TED SUPPLY OF POWER; PROVIDING FOR APPROVAL BY THE DIKECIOK OF IFil::. OFFICE OF EMERGENCY MANAGEMENT; PROVIDING FOR EXEMPTIONS FOR LIMITED PERiODS; ESTABLISHING PENALTIES AND ENFORCEMENT PROCEDURES, AMENDING CHAPTERS 8B AND 8CC OF THE CODE, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE BODY WHEREAS, Htm'icane Wilma made landfall in South Florida in the moating hours of October 24, 2005; and WHEREAS, the hurricane created a serious crisis throughout the region involving the shortage of fuel; m~d WHEREAS, fuel is an indispensable commodity, necessary for the transportation and emergency electrical po'wsr to serve hurricane victims and rescue and law enforcement personnel; and WHEREAS, the shortage was the result of' a power shortage which rendered inoperable a very percentage of the gas stations in the region; and 'WHEREAS the protection of this ¢onm~'tmity requires that this situation not be repeated and these gas stations provide for an mzintem~pted supply of alternate power sufficient, to operate the pumps during times of emergency need; and WHEREAS the Office of Emergency Management through its Director has been charged with the responsibility of perfomaing emergency management functions within the territorial limit of Miami- Dade County; and WHEREAS the coordinated planning of these efforts on a Cotmty-wide basis is in the best interest of the citizens of incorporated and unincorporated Miami-Dade County; and WHEREAS these measures are essential to the protection of the safety of our community in the event of emergency conditions created by thc recently experienced more active, hurricane seasons, among others, NOW, THEREFOr, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE CO'tJNTY, FLORIDA, that: Section 1. Chapter 8B of the Code of Miami-Dade County is hereby amended by the additior~ of the folio'win, g new section: CHAPTER 8B - EMERGENCY MANAGEMENT Sec, 8B-16 Plam~ing related to gas stations. 1. This Section 8hall apply to gas stations located 'within incorporated or mfincorporated Miarni-Dad~ Co'tmty. Gas sm.tion shall be defined in Section 33-1 (51.) of this Code. 2. Gas stations are requited to create and implement a plan in place to provide for the uninterxupted operation of all fuel pumps within twenty-tour hours following the declaration of a local state of emergency pursuant to this Chapter (the "Gas Station Emergency Plan"). ' 3. The Gas Station Emergency Plm~ shall document the gas station's ability to provide, uninterrupted http://www.miamidade, gov/govaction/marter ~asp?matter=053082&file--tme&yearFolde~... 1/17/2006 0"I-17-" 06 [17'5~ FROI'"I- ., . T-420 PgOfi,/'007 F-657 services not la. ter than June 1,2006 '.and shall provide, at a minimum: (a') A~.~ alternate source of power to operate the pumps during periods of electrical outage (the "Alternate Source"'). The At[create Source shall be su.ffi, cient to operate alt pumps during norraal business hours and' may involve one or more temporary or pe,rmanent fuel operated generators. (b) In the event that the Alternate Source requires the installation of permanent equipment, a schedule ~h'owing the purchase or lease of the equipment and providing installation not later than June I, 2006. (c) In the event that the Alternate So'urce requires construction or otherwise the obtaining of a building penuit, a schedule fbr obtaining a permit not later than March 1, 2006 and a certificate of occupancy not later than June 1, 2006. (d) In the event that the Alternate Source requires the delivery of' generators from off-site facilities, evidence or' the availability of such generators to the gas station, and for delivery to the site of those generators in reasonably ~breseeable disaster conditions, (e) A maintenm~¢e plan for any and all equipment related to the Alternate Source. (f) Plans for the recall of gas station, personnel essential to the task of dispensing essential fuel supplies. (g) Identification of the ow~er., manager or person having operational control of the ga~ station and, if different, emergency contact personnel charged with implementing the Plan. 4. Each Owner of a gas station shall deliver the required Gas Station Emergency Plan to the Director not later than February 1, 2006. For gas stations which are not in possession of a certificate of use and occupancy as of the effective date of this Section, the required Gas Station Emergency Plan shall be delivered to the Director not later than 90 days following the date of such certificate and shall provide for implementation within 180 days of submission of the plan. 5. The Director shall re'v'iew each Gas Station Emergency Plan to determine i~ his or her discretion whether such plan complies with the requirement of this ordinance and otherwise provide~ for the protection of public safety by allowing for the distribution of fuel during disaster conditions. 6. The Director shat[ reject any Gas Station Emergency Plan within thirty (30) days of its submission by notifying the person identified in the plan. The Director shall wherever possible identify the reasons for rejection and provide ~nn opportunity to cure. Failure to notify a rejection shall be deemed approval of the plan. '7. Gas stations shall at all th:~e$ abide by the provisions of the approved Gas Station Emergency Plan, including any and all deadlines set forth in the approved scl~edule. The Gas Station Emergency Plan shall be in effect for a period of five (5) years and shall be binding on all subsequent owners and operators of' the gas station, A new Emergency Gas Station Plan shall be submitted for approval not later than sixty (60) days p~ior to the expiration of the plan in effect. 8, in the event of any mater/al change with respect to any of the provisions of the Oas Station Emergency Plan the revisions shall be communicated to the Director in writing, for the Director's approval, wherever possible in advance of the proposed chm~ge and in no event later than sixty (60) days {'ollowing the adoption of the change. 9. Failure to abide by the provisions of this Section shall be punishable by civil fine in the manner established by Chapter gCC of this Code, with, each day of violation constituting a separate offense. The provisions of this Chapter shall also be enforceable through injunctive relief as a means of protection of the public interest through the exercise of the Cotmty's police powcr, and through any other means available at. law, 10. The Director shall be entitled, in his or her discretion, to exempt a gas station from the requirements of this Section 10used upon criteria to be applied tmiformly and approved by reselmion of this Board. The criteria may' include size, volume and location of the gas station, 11. This Section shall preempt and supersede troy inconsistent municipal ordinance to the same effect. 12. Nothing in this Section shall be interpreted to curtail, impede or otherwise affect the discretionary authority of the County in the exercise of its police power, administrative or regulatory functions Section 2. Chapter gCC of thc Code of Miami Dude County is hereby amended as follows: 1 Chapter 8CC http://www.miamidade.g~v/g~vacti~d~natter.asp?matter=~53~82&~e=tme&~earF~der=... 1/17/2006 01-17-'06 17'56 FR3H- T-420 POF~7,,,'"007 F-657 CODE ENFORCEM'PN'T Se¢~ 8CC-10. Schedule of civil penalties. "~ Code 8ect~ .~n Description of Violation Civil Penalty >>SB-t 6 FailUre to file or abide b'y Gas Station Emergency Plan $500.00<-< Section 3. if m~y section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. tt is tl.~.e intemion of the Board of County Commissioners, and it is hereby ordained that the provisions of this ort'linanee, including any .qtmqet provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. Section 5. This ordinance shall become effective ten (10) days after the date of enactment unl¢~ vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. 1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendmem proposed. Remaining provisions are now in effect and remain 'unchanged, HomR I ~:iRnda-~ I' Minutqs ! g_e~i~lative S~arch I Lobbyisl Regi.~lration I ~e_~.eports 200§ BCC I~eetin_o C. alRndar [ Mi~Jmi-D~d~ Count"v_.~0c~e of Ordiflanoe5.2 ,~ I U~ina Our gil~. I Ahmd' I Phnn. Directory I ~ i Digclgimer L . i IE-mail your comments, ClUe.~tion. and ~uggestions to Webmastcr WeD $~I¢ © 2006 Miami-Dade Counht- ,All rights re~er'v8rCl. 9 9 ,. http://www~miamidade.g~v/g~vacti~n/matter.asp.matter=~53~8~-&~e~rue&yearF~der=... 1/t 7/2006 RICHARD L. STEINBERG COMMISSIONER CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33 I 39 February 10, 2006 Miami Dade County Commission Mayor Carlos Alvarez Stephen P. Clark Center 111 N.W. 1st Street, 29th Floor Miami, Fla 33128-1992 : Attached please find Resolution 2006-26129 adopted at the City of Miami Beach CommisSion Meeting of February 8, 2006, for distribution. ~,. Respectfully submitted, Richard L. Steinberg, Vice Mayor RLS/mt Mayor David Dermer Commissioner Matti Herrera Bower Commissioner Simon Cruz Commissioner Luis R. Garcia, Jr. Commissioner Saul Gross Commissioner Jerry Libbin Jorge Gonzalez, City Manager RICHARD L. STEINBERG COMMISSIONER CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33 I 39 February 13, 2006 Miami Dade County Clerk County Clerk Harvey Ruvin 73 West Flagler Street, Suite #242 Miami, Fla 33130 Attached please find Resolution 2006-26129 adopted at the City of Miami Beach Commission Meeting of February 8, 2006. The Resolution has been distributed to the Miami-Dade County Mayor, Commission, and Manager. Respectfully submitted, Vice Mayor RLS/mt Mayor David Dermer Commissioner Matti Herrera Bower Commissioner Simon Cruz Commissioner Luis R. Garcia, Jr. Commissioner Saul Gross Commissioner Jerry Libbin Jorge Gonzalez, City Manager