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HomeMy WebLinkAboutR-08-0464City of Miami Legislation Resolution: R-08-0464 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00874 Final Action Date: 7/24/2008 A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY OPPOSING ANY ATTEMPT BY THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY COMMISSION") TO ADOPT A RESOLUTION OF THE COUNTY COMMISSION CALLING FOR A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO REQUIRE THE COUNTY COMMISSION TO TRANSFER FIRE PROTECTION AND RESCUE SERVICES FROM ALL MUNICIPALITIES TO THE COUNTY AND PROVIDE A UNIFORM, COUNTYWIDE SYSTEM OF FIRE PROTECTION AND RESCUE SERVICES AND TO TAKE, WITHOUT COMPENSATION, ALL FIRE AND RESCUE PROTECTION ASSETS FROM THE CITY OF MIAMI; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF SAID RESOLUTION TO THE OFFICIALS AS STATED HEREIN; FURTHER AUTHORIZING THE EXPENDITURE OF ATTORNEYS' FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF EUGENE E. STERNS AND THE LAW FIRM OF STEARNS, WEAVER, MILLER ET. AL, IN CONNECTION WITH ANY REQUIRED PROCEEDINGS IN THIS MATTER; ALLOCATING FUNDS FROM THE GENERAL FUND NON -DEPARTMENTAL, PROFESSIONAL SERVICES -LEGAL ACCOUNT NO. 00001.980000.531010. WHEREAS, on July 17, 1898, the City of Miami ("City") Fire Department was formally created when five men gathered in a Miami beer parlor to remedy the outrageous cost of fire insurance in the City; and WHEREAS, the City Department of Fire -Rescue was created thirty seven (37) years before the Dade County rural fire patrol was created in approximately 1935 and fifty nine (59) years before the Dade County Fire Department was formally created with the adoption of the Home Rule Charter in 1957; and WHEREAS, the City Department of Fire -Rescue retains a proud history of being at the forefront of fire -rescue developments, including being: • The first fire department in the United States to equip all apparatuses with 2-way radios; • The first fire department to employ fog nozzles; • The first fire department to equip all firefighters with gas masks • the first department to install an emergency telephone alarm system, using telephone alarm boxes to replace the Gamewell lever -box system; • The first to use doctors in conjunction with firefighter -paramedics in the field; • The first to use radios to communicate between doctors and firefighters; • The first to use a radio telemetry system to transmit electrocardiogram (EKG) readouts; City of Miami Page 1 of 4 File Id: 08-00874 (Version: 1) Printed On: 5/11/2017 File Number: 08-00874 Enactment Number: R-08-0464 and WHEREAS, the City Department of Fire -Rescue was the first department to utilize a Paramedic Program in the South Florida Region which began in the late 1960's and early 1970's and continues today wherein this department was recognized and honored as the "1ST PARAMEDICS" ever; and WHEREAS, fire is the largest single cause of property loss in the United States, and in the last decade, fires have caused direct losses of more than $120 billion and countless billions more in related costs; and WHEREAS, every year, fires injure more than 20,000 people, and every year, more than 3,000 Americans die in building fires; and WHEREAS, the Insurance Services Organization ("ISO"), an independent organization that serves insurance companies, fire departments, insurance regulators, and others by providing information about risk, recognizes that a community committed to saving lives and property needs trained firefighters, proper equipment, and adequate supplies of water; and WHEREAS, insurance companies consider it good public policy, and good business to promote and encourage the efforts of individual communities to improve their fire -protection services; and WHEREAS, the ISO's Public Protection Classification ("PPC") program accurately measures the quality of public fire protection in 45,000 fire districts across the country; and WHEREAS, the PPC program provides important, up-to-date information about municipal fire -protection services throughout the country and a community's investment in fire mitigation is a proven and reliable predictor of future fire losses; therefore insurance companies use PPC information to help establish fair premiums for fire insurance, generally offering lower premiums in communities with better protection; and WHEREAS, according to the ISO, the most significant benefit of the PPC program is its effect on losses and statistical data on insurance losses bears out the relationship between excellent fire protection, as measured by the PPC program and low fire losses; and WHEREAS, in a recent survey of fire chiefs, 97% of the respondents said that the PPC program is important in helping the community save lives and property; and WHEREAS, the City Department of Fire -Rescue, for the first time ever, achieved the highest classification given; A Public Protection Classification rating of 1 by the ISO, and this evaluation covers two major sections in determining a fire department's ability to prevent and extinguish fires; the City (including codes, water supply and other issues) and the fire department (staffing, apparatus, training, stations, manuals, etc); and WHEREAS, the Miami -Dade Fire Rescue Department has only obtained a Class 4 PPC rating from the ISO; and City of Miami Page 2 of 4 File Id: 08-00874 (Version: 1) Printed On: 5/11/2017 File Number: 08-00874 Enactment Number: R-08-0464 WHEREAS, the difference between a Class 1 PPC rating from ISO and a Class 4 PPC rating from ISO translates to a significant savings on the individual insurance policies paid by property owners in the City; and WHEREAS, the Miami -Dade Home Rule Charter provides in Section 6.02 that "[e]ach municipality may provide for higher standards of zoning, service, and regulation than those provided by the Board of County Commissioners in order that its individual character and standards may be preserved for its citizens;" and WHEREAS, on April 30, 2008, William "Shorty" Bryson was named 2008 Fire Chief of the Year by the Metropolitan Fire Chiefs Association; a group which is comprised of 150 Metropolitan Fire Chiefs from Canada, China, the United Kingdom and the United States; and WHEREAS, the City wishes to continue providing a higher standard of fire protection and rescue services to its citizens through the City Department of Fire -Rescue; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in this Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami City Commission strongly opposes any attempt by the Miami -Dade County Board of County Commissioners ("County Commission") to adopt a resolution of the County Commission calling for a Countywide special election in Miami -Dade county, Florida, for the purpose of submitting to the electors of Miami -Dade County the question of whether to amend the Home Rule Charter to require the County Commission to transfer fire protection and rescue services from all municipalities to the County and provide a uniform, Countywide system of fire protection and rescue services and to take, without compensation, all fire and rescue protection assets from the City. Section 3. The expenditure of attorneys' fees and costs, in an amount approved by the City Attorney, for the engagement of Eugene E. Sterns and the law firm of Stearns, Weaver, Miller et. al, in connection with any required proceedings in the above -referenced matter, is authorized, with funds allocated from the General Fund Non -Departmental, Professional Services -Legal Account No. 00001.980000.531010. Section 4. The City Clerk is directed to transmit a copy of this Resolution to Carlos Alvarez, County Mayor, George Burgess, County Manager, and the members of the County Commission. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} Footnotes: City of Miami Page 3 of 4 File Id: 08-00874 (Version: 1) Printed On: 5/11/2017 File Number: 08-00874 Enactment Number: R-08-0464 {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 4 of 4 File Id: 08-00874 (Version: 1) Printed On: 5/11/2017