2012-46 Allocation of $12.50 Funds to Municipalities RESOLUTION 2012-46
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, 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 BEING MADE;
PROVIDING FOR AN EFFECTIVE DATE;AND FOR OTHER PURPOSES.
WHEREAS, Section 318.21(9), Florida Statutes, authorizes Palm Beach County to receive
twelve dollars and fifty cents(the "$12.50 Funds") from each moving traffic violation written by
municipal law enforcement officers under limited circumstances in order to fund the County's
participation in an intergovernmental radio communication program approved 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 and maintain interoperability of agencies within a countywide intergovernmental
radio communications program which includes all 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 Palm Beach County's Intergovernmental Radio Communications Plan; and
WHEREAS,the municipalities in Palm Beach County have been working diligently to build and enhance
their own communications systems to become interoperable with that of Palm Beach County; and
WHEREAS, this program has resulted in all municipalities being interoperable with Palm Beach
County's system; and
WHEREAS, the Village has learned 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 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 communication systems to connect with that of Palm Beach County; and
WHEREAS, the Village has also learned that County Staff is refusing to disburse $12.50 Funds
to municipalities that have chosen to utilize the Municipal Public Safety Communication
• Consortium's (the "MPSCC") system to become interoperable with Palm 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, even though the MPSCC's system enables those municipalities to be interoperable
with Palm Beach County's radio system; and
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WHEREAS, the continuation of this program 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 Council on August 2, 2012, indicating the
IIII recognition by those agencies that the $12.50 Fund allocation is necessary for the maintenance
and enhancement of the countywide communications 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 1
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are hereby ratified and incorporated herein.
Section 2. The Village strongly supports the continued allocation of the $12.50 Funds to all
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
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 3. The Village strongly supports the County's approval of requests for
reimbursement from the $12.50 Funds made by all municipalities including those utilizing the
MPSCC system to become interoperable with Palm 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 believes that County Staff has rejected certain requests for disbursement
based on arbitrary and unsupported distinctions.
Section 4. The Village Council of the Village of North Palm Beach, Florida, believes the
$12.50 allocation is necessary for the maintenance and enhancement of the countywide
communications system to provide for the well-being of all citizens of Palm Beach County.
Section 5. The Village Council directs the Village Clerk to transmit a copy of this
Resolution to each of the Palm Beach County Commissioners, and to County Administrator
Robert Weisman, at Palm 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 6. This Resolution shall become effective immediately upon adoption
PASSED AND ADOPTED THIS 9th DAY OF AUGUST, 201
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