The text
Sec. 2-399. - Personnel.#
It is declared to be the policy of the town that, notwithstanding any policies, memos, or handbooks promulgated by the town, or any employment practices of the town: (1)
All employees of the town are employed at will and may resign or be discharged from employment at any time;
(2)
Only the town council shall have the right to enter in contracts for other than at-will employment on the town's behalf. Any contract for other than at-will employment must:
a.
Be in writing;
b.
Be executed by the town council;
c.
Specify the duration of the employment;
d.
Specifically state that the contract is being created pursuant to the town council's authority under the ordinance set forth in this section.
(Code 1995, § 2.52.010; Code 2006, § 33.01; Ord. No. 1993-04, 4-8-1993; Ord. No. 12-03, 11-20-2003; Ord. No. 13-03, 12-4-2003)
Sec. 2-400. - Disposition of motor vehicles and fixed assets.#
(a)
Seized and forfeited vehicles shall be disposed of in accordance with applicable state law.
(b)
Real property shall be sold by ordinance only.
(c)
All other vehicles and fixed assets shall be advertised at a set price or best offer in a newspaper of general circulation within the county. The administrator shall establish a fair value for the item to be sold. He may consult appropriate publications, including the internet, and consider the general condition, age, needed repairs, obsolescence and prior use of the item to be sold. Vehicles and other fixed assets are sold as is without any warranty or implied guarantee of merchantability. In the case of vehicles, any known needed repair shall be stated in the advertisement. Items shall be sold to the first individual willing to pay the asking price. If an offer for less than the asking price is made, the sale shall be on hold for 72 hours to make certain a better offer is not received. There shall be no obligation on the part of the town to divulge the offered price to any third party. At the end of the 72-hour period, the item may be sold to the individual making the best offer, provided the administrator has determined that the offer received is the best offer that can be achieved. If the offer is for less than 50 percent of the established fair value, the offer shall be submitted to the council for a final decision. Payment for all items must be in cash, valid cashier's check or money order. Personal checks are not acceptable.
(Code 2006, § 33.02; Ord. No. 09-2001, 10-10-2001)
Sec. 2-401. - Smoking prohibited.#
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Buildings, owned, operated or leased by the town, shall not include those buildings (or portions thereof) which are under lease to other organizations or corporations.
Smoking means the lighting or carrying of a lighted cigarette, cigar, pipe or similar device or any other lighted smoking material.
Smoking materials includes cigars, cigarettes and all other manner of smoking devices intended to be used for the purpose of inhaling and exhaling smoke.
(b)
Smoking prohibited. No person shall smoke in any building owned, operated or leased by the town.
(c)
Notice. Signs shall be placed at conspicuous places informing the public that smoking is prohibited by town ordinance.
(d)
Violation. Any person found guilty of smoking in violation of this section shall have committed an infraction and shall pay a fine as determined by section 1-14.
(Code 1995, §§ 8.28.010—8.28.040; Code 2006, § 33.03; Ord. of 8-3-1989)
Sec. 2-402. - Mitigation rates for fire department emergency and non-emergency services.#
(a)
The Ridgeland Fire Department shall initiate mitigation rates for the delivery of emergency and non-emergency services by the fire department for personnel, supplies and equipment to the scene of emergency and non-emergency incidents as listed in "Exhibit A." The mitigation rates shall be based on actual costs of the services and that which is usual, customary and reasonable (UCR) as shown in "Exhibit A", which may include any services, personnel, supplies, and equipment and with baselines established by addendum to this section.
(b)
A claim shall be filed to the responsible party(s) through their insurance carrier. In some circumstances, the responsible party(s) will be billed directly.
(c)
The town council may make rules or regulations and from time to time may amend, revoke, or add rules and regulations, not consistent with this section, as they may deem necessary or expedient in respect to billing for these mitigation rates or the collection thereof.
(d)
The mitigation rates lists in Exhibit A will increase by 1.5 percent annually or based on the annual percentage increase in the Consumer Price Index (CPI), as developed by the Bureau of Labor Statistics of the U.S. Department of Labor, whichever is more. Rate adjustments will occur on the anniversary date of this ordinance/resolution to keep the fire department's cost recovery program in conformity with increasing operating expenses.
EXHIBIT A
MITIGATION RATES BASED ON PER HOUR
The mitigation rates below are average "billing levels", and are typical for the incident responses listed, however, when a claim is submitted, it will be itemized and based on the actual services provided. (1)
Motor vehicle incidents:
Level 1—$487.00
Provide hazardous materials assessment and scene stabilization. This will be the most common "billing level". This occurs almost every time the fire department responds to an accident/incident. Level 2—$554.00
Includes Level 1 services as well as clean up and material used (sorbents) for hazardous fluid clean up and disposal. We will bill at this level if the fire department has to clean up any gasoline or other automotive fluids that are spilled as a result of the accident/incident. Level 3—Car Fire—$677.00
Provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, tip use, foam, structure protection, and clean up gasoline or other automotive fluids that are spilled as a result of the accident/incident. (2)
Add-on services:
Extrication—$1,461.00
Includes heavy rescue tools, ropes, airbags, cribbing etc. This charge will be added if the fire department has to free/remove anyone from the vehicle(s) using any equipment. We will not bill at this level if the patient is simply unconscious and fire department is able to open the door to access the patient. This level is to be billed only if equipment is deployed. Creating a Landing Zone—$448.00
Includes air care (multi-engine company response, mutual aid, helicopter). We will bill at this level any time a helicopter landing zone is created and/or is utilized to transport the patient(s). Itemized Response: You have the option to bill each incident as an independent event with custom mitigation rates, for each incident using, itemized rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus, per personnel, plus products and equipment used.
(3)
Additional time on-scene.
Engine billed at $448.00 per hour.
Truck billed at $560.00 per hour.
Miscellaneous equipment billed at $336.00
(4)
Hazmat:
Level 1—$784.00
Basic Response: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, set-up and command. Level 2—$2,800.00
Intermediate response: Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set-up and command, Level A or B suit donning, breathing air and detection equipment. Set-up and removal of decon center. Level 3—$6,608.00
Advanced response: Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command, Level A or B suit donning, breathing air and detection equipment and robot deployment. Set-up and removal of decon center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal rates of material and contaminated equipment and material used at scene. Includes 3 hours of on scene time— each additional hour @ $336.00 per HAZMAT team.
(5)
Additional time on-scene (for all levels of service):
Engine billed at $448.00 per hour.
Truck billed at $560.00 per hour.
Miscellaneous equipment billed at $336.00. (6)
Fire investigation.
Fire Investigation Team—$308.00 per hour.
Includes: •
Scene Safety
•
Investigation
•
Source Identification
•
K-9/Arson Dog Unit
•
Identification Equipment
•
Mobile Detection Unit
•
Fire Report
The claim begins when the Fire Investigator responds to the incident and is billed for logged time only.
(7)
Fires.
Assignment—$448.00 per hour, per engine/$560.00 per hour, per truck
Includes: •
Scene Safety
•
Investigation
•
Fire/Hazard Control
This will be the most common "billing level". This occurs almost every time the fire department responds to an incident.
Optional: A fire department has the option to bill each fire as an independent event with custom mitigation rates.
Itemized, per person, at various pay levels and for itemized products use.
(8)
Illegal fires.
Assignment—$448.00 per hour, per engine/$560.00 per hour, per truck
When a fire is started by any person or persons that requires a fire department response during a time or season when fires are regulated or controlled by local or state rules, provisions or ordinances because of pollution or fire danger concerns, such person or persons will be liable for the fire department response at a cost not to exceed the actual expenses incurred by the fire department to respond and contain the fire. Similarly, if a fire is started where permits are required for such a fire and the permit was not obtained and the fire department is required to respond to contain the fire the responsible party will be liable for the response at a cost not to exceed the actual expenses incurred by the fire department. The actual expenses will include direct labor, equipment costs and any other costs that can be reasonably allocated to the cost of the response. (9)
Water incidents.
Level 1
Basic Response: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, first responder set-up and command, scene safety and investigation (including possible patient contact, hazard control). This will be the most common "billing level". This occurs almost every time the fire department responds to a water incident.
Billed at $448.00 plus $56.00 per hour, per rescue person. Level 2
Intermediate Response: Includes Level 1 services as well as clean up and material used (sorbents), minor hazardous clean up and disposal. We will bill at this level if the fire department has to clean up small amounts of gasoline or other fluids that are spilled as a result of the incident. Billed at $896.00 plus $56.00 per hour, per rescue person.
Level 3
Advanced response: Includes Level 1 and Level 2 services as well as D.A.R.T. activation, donning breathing apparatus and detection equipment. Set up and removal of decon center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal rates of material and contaminated equipment and material used at scene.
Billed at $2,240.00 plus $56.00 per hour per rescue person, plus $112.00 per hour per Hazmat team member. Level 4
Itemized Response: You have the option to bill each incident as an independent event with custom mitigation rates for each incident using itemized rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized, per trained rescue person, plus rescue products used. (10)
Back country or special rescue.
Itemized Response: Each incident will be billed with custom mitigation rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus per hour, per trained rescue person per hour, plus rescue products used.
Minimum billed $448.00 for the first response vehicle plus $56.00 per rescue person. Additional rates of $448.00 per hour per response vehicle and $56.00 per hour per rescue person.
(11)
Chief response.
This includes the set-up of command, and providing direction of the incident. This could include operations, safety, and administration of the incident.
Billed at $280.00 per hour.
(12)
Miscellaneous/additional time on-scene.
Engine billed at $448.00 per hour.
Truck billed at $560.00 per hour.
Miscellaneous equipment billed at $336.00. (13)
Mitigation rate notes.
The mitigation rates above are average "billing levels", and are typical for the incident responses listed, however, when a claim is submitted, it will be itemized and based on the actual services provided.
These average mitigation rates were determined by itemizing costs for a typical run (from the time a fire apparatus leaves the station until it returns to the station) and are based on the actual costs, using amortized schedules for apparatus (including useful life, equipment, repairs, and maintenance) and labor rates (an average department's "actual personnel expense" and not just a firefighter's basic wage). The actual personnel expense includes costs such as wages, retirement, benefits, workers comp, insurance, etc.
(Code 2006, § 33.04; Ord. No. 03-04, 5-20-2004; Ord. No. 07-2018, § 1, 8-16-2018; Ord. No. 07-2018, § 1, 8-16-2018; Ord. No. 12-2018, §§ 1—3, 7, 12-20-2018)