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Home My WebLink AboutDocumentation_Regular_Tab 06_08/09/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 8/9/12 Consent Agenda: � � , °�_:�� , Resolution #: 17-12 Originating Department: Legal AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Resolution 17-12, STRONGLY SUPPORTING THE COUNTY'S CONTINUED ALLOCATION OF THE $12.50 FUNDS TO THE MUNICIPALITIES PURSUANT TO COUNTY RESOLUTION NO. R-2002-0192, WHICH SERVES TO ENHANCE THE COUNTY'S INTERGOVERNMENTAL COMMUNICATIONS PLAN; AND STRONGLY SUPPORTING THE COUNTY'S DISBURSEMENT OF THE $12.50 FUNDS TO COVER EXPENSES FOR ALL MUNICIPALITIES THAT HAVE RADIO SYSTEMS THAT ARE FUNCTIONALLY INTEROPERABLE WITH THE COUNTY'S RADIO SYSTEM WITHOUT ARBITRARY DISTINCTIONS BUDGET / FINANCIAL IMPACT: Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: �- Appropriate Fund Balance ��oc,� ?�� i'�,�: EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) APPROVALS: S GNATURE: Department Head Finance Director Reviewed for Financial Sufficienc� �� /� No Financial Impact ❑ � � � Attorney: (for legal sufficiency) Village Manager: � __ Submit for Council Discussion: [� �'�' --1 �� Approve Item: ❑ Deny Item: � SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the number of copies you want signed and place "Sign Here" sticker on them) Form Amended: 10/20/11 McWilliams, Lori From: Keith Davis [Keith aQcorbettandwhite.com] Sent: �riday, July 13, 2012 2:45 PM To: McWilliams, Lori Cc: Couao, Michael; Telfrin, Debra Subjeat: $12 50 Funds-Resolution Attachments: $12 50 Funds-Resolution.doc Lori: As I mentioned in my report last evening, here is the resolution re: $12.50 program, for the August agenda. I am fine with this going on consent at the Manager's discretion. Keith W. Davis, Esquire �L ol��ov.a� /j� �� 1111 Hypolugo Road, Suite 207 Lantana, Florida 33462 Tel: (561) 586-7116 Faz: (561) 586-9611 Email: keith(u�corbettandwhite.com Incoming e-mails are filtered which may delay receipt. This e-mail is personal to the named recipient(s) end may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this e-mail is prohibited. Please notify us immediately by e-mail and delete the original message. *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 1 RESOLUTION N0.17-12 A RESOLUTION OF TI� VILLAGE COUNCII, OF THE VILLAGE OF � TEQUESTA, FLORIDA, STRONGLY SUPPORTIl�IG THE COUNTY'S CONTINUED ALLOCATION OF TI-� $12.50 FUNDS TO TI� MUNICIl'ALITIES PURSUANT TO COLINTY RESOLUTION NO. R-2002- 0192, WHICH SERVES TO ENHANCE THE COUNTY'S INTERGOVERNMENTAL COMNIUNICATIONS PLAN; AND STRONGLY SUPPORTING TI� COUNTY'S DISBURSEMENT OF THE $12.50 FUNDS TO COVER EXPENSES FOR ALL MUNICII'ALITIES THAT HAVE RADIO SYSTEMS THAT ARE FUNCTIONALLY INTEROPERABLE WITH THE GOUNTY'S R.ADIO SYSTEM WITHOUT ARBITRARY DISTINCTIONS BEING MADE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Section 318.21(9), Florida Statutes, authorizes Palm Beach Counry to receive twelve dollars and fifry cents (the "$12.50 Funds") from each moving traffic violation written by municipallaw enforcement officers under limited circumstances in order to fund the county's participation in an intergovemmental radio communication program apprvved by the State Department of Management Services; otherwise those monies must be distributed to the municipality in which the violations occurred; and WHEREAS, the intent and spirit of Section 318.21(9), Florida Statutes, is for the $12.50 Funds to be used to create aud maintain interopera.bility of agencies within a countywide intergovernmental radio communications program which includes a11 municipalities; and WHEREAS, on February 5, 2002, the Board of County Commissioners adopted Resolution No. R-2002-0192, which allocated the $12.50 Funds generated by the municipal law enforcement officers to the municipalities in order to encourage the interoperability of municipal communications systems with the countywide public safety communications system and to enhance the Palm Beach County's Intergovernmental Radio Communications Plan; and WHEREAS, the municipalities in Palm Bea.ch County have been working diligently to build and enhance their own communications systems to become interoperable with that of Pa1m Beach County; and WI-�REAS, this program has resulted in a11 municipalities being interoperable with Palm Beach County's system; and WHEREAS, the Village of Tequesta has leamed that County Staff intends to recommend that the Board of County Commissioners rescind County Resolution R-2002-0192, terminate all future disbursements of the municipal $12.50 Funds to the municipalities and sweep all 1 remaining balances currently in the "Municipal Org" to the "County Org" so that those moneys will no longer be available to municipalities for their communications systems even though several municipalities have considerable sums of money in their allocation column and have relied on those funds in constructing extensive communica.tion systems to connect with that of Palm Beach County; and WHEREAS, the Village of Tequesta has also learned that County Staff is refusing to disburse $12.50 Funds to municipalities that ha.ve chosen to utilize the Municipal Public Safety Communication Consortium's (the "MPSCC") system to become intemperable with Palm Beach Couniy's system, which include but are not limited to the Town of Jupiter, the City of Palm Beach Gardens and the City of Atlantis, even though t1�e MPSCC's system enables those municipalities to be interoperable with Pa1m Beach County's radio system; and WHEREAS, the continuation of this pmgram has been endorsed by the Criminal Justice Commission and the Palm Beach County Association of Chiefs of Police and is proposed to be endorsed by the Law Enforcement Planning Cou.ncil on August 2, 2012, indicati.ng the recognition by those agencies that the $12.50 Fund allocation is necessary for the maintenance and enhancements of the countywide commu.nica.tions system to provide for the well being of all citizens of Palm Beach County. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: SECTION 1: T'he Village of T�uesta strongly supports the continued allocation of the $12.50 Funds to a11 municipalities pursuant to Resolution No. 2002-0192. Such continued allocation is essential to maintaining the interoperability of all municipal communications systems with the countywide public safety communications system. Such continued allocation further enhances participation in the Palm Beach County Intergovernmental Communications Plan. Therefore, the Village of Tequesta. strongly requests that the Board of County Commissioners deny any requests to rescind Resolution No. 2002-0192 and/or to terminate the $12.50 Funds allocation program. SECTION 2: The Village of Tequesta. strongly supports the County's approval of requests for reimbursement from the $12.50 Funds made by a11 municipalities including those 2 utilizing the MPSCC system to become interoperable with Pa1m Beach County's system, which include, but are not limited to, the Town of Jupiter, the City of Palm Beach Gardens and the City of Atlantis. All municipal radio systems are functionally interoperable with Palm Beach County's radio system and the Village of Tequesta believes that Couniy Staffhas rejected certain requests for disbursement based on arbitrasy and unsupported distinctions. SECTION 3: The Village Council of the Village of Tequesta, Florida, believes the $12.50 allocation is necessary for the maintenance and enhancements of the countywide communications system to provide for the well being of all citizens of Palm Beach County. SECTION 4: The Village Council directs the Village Clerk to transmit the executed Resolution to each of the Palm Beach County Commissioners, and to County Administrator Robert Weisman, at Pa1m Beach County Governmental Center, 301 North Olive Avenue, Suite 1101, West Palm Beach, FL 33401, prior to August 21, 2012, when the Board of County Commissioners will consider this matter. SECTION 5: This resolution shall become effective immediately upon its adoption. 3