R12-074 II
1 RESOLUTION NO. R12- 07
2
3 i A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
41 BOYNTON BEACH, FLORIDA, STRONGLY SUPPORTING THE
5 I COUNTY'S CONTINUED ALLOCATION OF THE $12.50 FUNDS TO
6 1 THE MUNICIPALITIES PURSUANT TO COUNTY RESOLUTION
7 NO. R- 2002 -0192, WHICH SERVES TO ENHANCE THE COUNTY'S
8 I INTERGOVERNMENTAL COMMUNICATIONS PLAN; AND
9 } STRONGLY SUPPORTING THE COUNTY'S DISBURSEMENT OF
10 THE $12.50 FUNDS TO COVER EXPENSES FOR ALL
11 MUNICIPALITIES THAT HAVE RADIO SYSTEMS THAT ARE
12 FUNCTIONALLY INTEROPERABLE WITH THE COUNTY'S RADIO
13 SYSTEM WITHOUT ARBITRARY DISTINCTIONS BEING MADE;
14 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
15
16 WHEREAS, Section 318.21(9), Florida Statutes, authorizes Palm Beach County to
17 receive twelve dollars and fifty cents (the "$12.50 Funds ") from each moving traffic violation
18 written by municipal law enforcement officers under limited circumstances in order to fund
19 the county's participation in an intergovernmental radio communication program approved by
20 the State Department of Management Services; otherwise those monies must be distributed to
21 the municipality in which the violations occurred; and
22
23 WHEREAS, the intent and spirit of Section 318.21(9), Florida Statutes, is for the
24 $12.50 Funds to be used to create and maintain interoperability of agencies within a
25 countywide intergovernmental radio communications program which includes all
26 municipalities; and
27
28 WHEREAS, on February 5, 2002, the Board of County Commissioners adopted
29 Resolution No. R- 2002 -0192, which allocated the $12.50 Funds generated by the municipal
30 law enforcement officers to the municipalities in order to encourage the interoperability of
31 municipal communications systems with the countywide public safety communications
32 system and to enhance the Palm Beach County's Intergovernmental Radio Communications
33 Plan; and
34
35 WHEREAS, the municipalities in Palm Beach County have been working diligently
36 to build and enhance their own communications systems to become interoperable with that of
37 Palm Beach County; and
38
39 WHEREAS, this program has resulted in all municipalities being interoperable with
40 Palm Beach County's system; and
41
42 WHEREAS, the City of Boynton Beach has learned that County Staff intends to
43 recommend that the Board of County Commissioners rescind County Resolution R -2002-
44 0192, terminate all future disbursements of the municipal $12.50 Funds to the municipalities
45 and sweep all remaining balances currently in the "Municipal Org" to the "County Org" so
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1 that those moneys will no longer be available to municipalities for their communications
2 ; systems even though several municipalities have considerable sums of money in their
3 allocation column and have relied on those funds in constructing extensive communication
4 ' systems to connect with that of Palm Beach County; and
5
6 ; WHEREAS, the City of Boynton Beach has also learned that County Staff is refusing
7 to disburse $12.50 Funds to municipalities that have chosen to utilize the Municipal Public
8 Safety Communication Consortium's (the "MPSCC ") system to become interoperable with
9 Palm Beach County's system, which include but are not limited to the Town of Jupiter, the
10 City of Palm Beach Gardens and the City of Atlantis, even though the MPSCC's system
11 enables those municipalities to be interoperable with Palm Beach County's radio system; and
12
13 WHEREAS, the continuation of this program has been endorsed by the Criminal
14 Justice Commission and the Palm Beach County Association of Chiefs of Police and is
15 proposed to be endorsed by the Law Enforcement Planning Council on August 2, 2012,
16 indicating the recognition by those agencies that the $12.50 Fund allocation is necessary for
17 the maintenance and enhancements of the countywide communications system to provide for
18 the well being of all citizens of Palm Beach County.
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
23 Section 1. Each Whereas clause set forth above is true and correct and incorporated
24 herein by this reference.
25
26 Section 2. The City of Boynton Beach strongly supports the continued allocation
27 of the $12.50 Funds to all municipalities pursuant to Resolution No. 2002 -0192. Such
28 continued allocation is essential to maintaining the interoperability of all municipal
29 communications systems with the countywide public safety communications system. Such
30 continued allocation further enhances participation in the Palm Beach County
31 Intergovernmental Communications Plan. Therefore, the City of Boynton Beach strongly
32 requests that the Board of County Commissioners deny any requests to rescind Resolution
33 No. 2002 -0192 and/or to terminate the $12.50 Funds allocation program.
34
35 Section 3. The City of Boynton Beach strongly supports the County's approval of
36 requests for reimbursement from the $12.50 Funds made by all municipalities including those
37 utilizing the MPSCC system to become interoperable with Palm Beach County's system,
38 which include, but are not limited to, the Town of Jupiter, the City of Palm Beach Gardens
39 and the City of Atlantis. All municipal radio systems are functionally interoperable with Palm
40 Beach County's radio system and the City of Boynton Beach believes that County Staff has
41 rejected certain requests for disbursement based on arbitrary and unsupported distinctions.
42
43 Section 4. The City Commission of the City of Boynton Beach, Florida, believes
44 the $12.50 allocation is necessary for the maintenance and enhancements of the countywide
45 communications system to provide for the well being of all citizens of Palm Beach County.
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2 Section 5. The City Commission directs the Boynton Beach City Clerk to transmit
3 ' the executed Resolution to each of the Palm Beach County Commissioners, and to County
4 Administrator Robert Weisman, at Palm Beach County Governmental Center, 301 North
5 Olive Avenue, Suite 1101, West Palm Beach, FL 33401, prior to August 21, 2012, when the
6 Board of County Commissioners will consider this matter.
7
8 Section 6. This resolution shall become effective immediately upon its adoption.
9
10 PASSED AND ADOPTED this 7 day of August, 2012.
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12 CITY OF BOYNTON BEAC . FLORIDA
13
14 /
15 ayor- . Woo• •
16 l ade
17
18 ice Mayor ' • ac McC ..
19
20 I
21 ( Commissioner -
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23 n 1
24 r Co i• er -;:even Ho1zm
25
26
27 Commissioner - Marlene Ross
28 ATTEST:
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30
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32 • in aciLtAttly
33 . et M. Prainito, MMC
34 'ity Clerk
35
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