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Home My WebLink AboutR-2013-035 Rejected the Broward County Board of County Commissioners Establishment of an MSTU Municipal Services Taxing Unit) to Fund E-911 Communications System RESOLUTION NO. 2013-035 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REJECTING THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS' ESTABLISHMENT OF AN MSTU (MUNICIPAL SERVICES TAXING UNIT) TO FUND A COUNTYWIDE CONSOLIDATED E-911 COMMUNICATIONS SYSTEM AND URGING THE GOVERNING BODIES OF THE COUNTY'S MUNICIPALITIES NOT TO APPROVE AN MSTU TO FUND THE COMMUNICATIONS SYSTEM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the "I Board" was created by the Board of County Commissioners of Broward County, Florida via County Resolution No. 2012-159 adopted on March 27, 2012; and WHEREAS, the purpose of the I Board is to review, consider, and make recommendations to the Board of County Commissioners relating to the creation, governance, funding and operations of a regional and cooperative consolidated E-911 communications system;and WHEREAS, the scope of the I Board's responsibilities has been to exercise its best judgement to advise,propose, and recommend to the Board of County Commissioners on matters related to the establishment and operations of a regional and cooperative consolidated E-911 communications system, and to produce a final written report to be submitted to the Board of County Commissioners by February 1, 2013; and WHEREAS, the I Board is comprised of 30 professional public administrators representing Broward County and 29 of the County's 31 municipalities, and three public safety professionals each representing the Sheriff of Broward County, the Broward Chiefs of Police Association, and the Fire Chiefs Association of Broward County,respectively; and WHEREAS, the governing bodies of 24 of the County's 31 municipalities representing 87% of the incorporated population of the County adopted resolutions expressing support for the adoption of a plan for cooperative countywide consolidation of E-911 communications and dispatch wholly funded through County ad valorem taxes; and WHEREAS, the I Board submitted its Final Report to the Board of County Commissioners on February 1, 2013 that contained the following recommendations: 1. That the County Commission adopt a plan for cooperative countywide consolidation of E-911 communications and dispatch to be operated(or contracted for operation) by Broward County wholly funded through County ad valorem taxes; 2. That the County take the lead in the coordination of the communications professionals among the current E-911 operators to address the consolidation of the sites, the infrastructure, and of the respective staffs of the current operators, and establish a professional structure with accountability based upon performance metrics that will meet or exceed national standards; 3. That the status of the existing professional/technical boards/committees be codified within the County Code or Administrative Code as appropriate, to assure the continuance of their contributions to a countywide consolidated E-911 communications system; 4. That the County develop a methodology to fairly and equitably compensate the owners of the three PSAP sites selected for the use of their facilities; 5. That the County Commission maintain governance over the countywide consolidated E-911 communications system, with the system being a unit of county government and the management hired by and reporting to the County Administrator, whether the County Commission chooses to operate the system or contract for its operation; 6. That the County Commission make its best effort to have the cooperative countywide consolidated E-911 communications system as recommended in this resolution,to become operational by October 1, 2013; 7. That the County Commission"sunset"the I Board coinciding with its filing of the Board's Final Report so that the municipal managers/administrators may participate with their peers in the implementation of the cooperative countywide consolidated E-911 communications system; and WHEREAS, the recommendations of the I Board are supported by letters from the Sheriff of Broward County, the Broward County Chiefs of Police Association, and the Broward County Council of Professional Firefighters; and 2 RESOLUTION#2013-035 WHEREAS, on February 26, 2013, the Board of County Commissioners received public comment on the I Board's Final Report; and WHEREAS, at the February 26, 2013 meeting of the Board of County Commissioners, the County Commission voted 5 to 4 to reject the I Board's first recommendation as stated above; and WHEREAS, at the February 26, 2013 meeting of the Board of County Commisssioners the County Commission voted 8 to 1 to establish an MSTU to fund the countywide consolidated E-911 communications system through a per participating municipality cost assessment formula predicated on 1/3 population, 1/3 calls for service, and 1/3 ad valorem taxes; and WHEREAS,the MSTU voted on by the Board of County Commissioners did not specify the scope, governance, operation,term, or cost, if any, of municipal contribution; and WHEREAS, because the I Board was not sunset by the Board of County Commissioners as recommended by the I Board,the I Board held an open meeting on March 8, 2013; and WHEREAS, the I Board considered various MSTU models, including the MSTU model adopted in general by the Board of County Commissioners on February 26, 2013; an MSTU predicated entirely on ad valorem taxes funded by participating municipalities; an MSTU predicated upon a formula funded in part by county ad valorem and in balance by municipal contribution,to fund the countywide consolidated E-911 communications system; and WHEREAS, the I Board determined that the MSTU model adopted in general by the Board of County Commissioners on February 26, 2013; an MSTU predicated entirely on ad valorem taxes funded by participating municipalities; an MSTU predicated upon a formula funded in part by county ad valorem taxes and in balance by municipal contribution, to fund the countywide consolidated E-911 communications system, for the reasons debated and duly considered at the I Board's March 8, 2013 meeting, must each be rejected, since each MSTU model lacks long-term stability and predictability, and none provide a sufficient incentive for the current E-911 operators to participate; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the foregoing recitals are true, accurate and are incorporated by this reference. 3 RESOLUTION#2013-035 Section 2. The Mayor and City Commission do not believe the Board of County Commissioners' establishment of an MSTU to fund a countywide consolidated E-911 communications system is a viable mechanism to fund and govern such a critically important system. Section 3. The Mayor and City Commission direct that a copy of this Resolution be transmitted to the Board of County Commissioners. Section 4. That all resolutions or parts of resolutions in conflict with any provisions in this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall become effective immediately upon its passage and adoption. PASSED and ADOPTED on March 26,2013. ATTEST: �d�y LOUISE STILSON, CMC W TER B. DUKE, III CITY CLERK YOR APPROVED AST FO AND CORRECTNESS: o��Fs Fr1�� IN. THOMA J. BR V CITY ATTO EY o, 4 RESOLUTION#2013-035