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HomeMy WebLinkAbout2005-02-28 05-92 RESOLVECOUNCIL Itan NO 05-92 Date: 2-28-04 [tem/Subject: Resolve, Expressing the Opposition of the City of Bangor to LD 474, An Act to Clarify the Authority of a County to Fund its County Communications Center through the County Tax or Fee -for -Service Arrangements Responsible Department: Ciry Manager Commentary: As you are aware, we have periodically undertaken a review of the potential for the City of Bangor to join Penobscot Regional Communications. The fast review, completed coding the FY04 budget process, concluded that the City would not join at this time given a number of particular issues as itleirofied by a thorough review of the equipment, operations, and management of Regional Communications. Nineteen factors were evaluated, and we concluded that regional dispatch could not fully meet a number of our needs, ranging from the computer aided dispatching for the Fire Department to adequate representation of Bangor on the Advisory Board. In addition, the Oty filed suit against the County over its decision to include the Oast of regional dispatch in the County tax. Our position is that this service, under State law, can only be provided through a fee-for-service system including agreements with the participating munlcipalRles. The Superior Court has ruled In our favor, and we are awaiting a ruling from the State Supreme Court on an appeal by the County. Subsequently, LD 474 has been introduced. This would specifically authorize the County to include the cost of regional dispatch in the County tax. The attached resolve would Indicate the City's opposition m this legislation and outline the reasons for R These include: the current Inability of regional dispatch to meet our public safety communication needs; the likelihood that the additional cost to regional dispatch to expand to serve Bangor will exceed the savings that we will realize from no longer operating our dispatch center; and the current ability of those Counties/municipalities who agree to a fee -far -service system to base their payments on their assessed values, the same system used to allocate the County tax. Department Head Manager's Comments: The Government Operations Committee recommends that the Countll acapt a osi[ion ipopposthOn to LD 479. G(f/j T�VvF/ CM Manager Associated! Information: ,af/ " Finance Director "J Cary Solicitor X Passage _ First Reading Page _ of Re/eral Assigned to Cenneilnr Greene Februer9 28. 2005 CITY OF BANGOR (TITLE.) Resolve, Expressing the Opposition of the City of Bangor to LD 474, An Act to Clarify the Authority of a County to Fund Its County Communications Center through the County Tax or F-ee-for-Service Arrangements WHEREAS, at its inception, the Penobscot County Regional Communication Center was financially supported by a per capita charge levied against participating communities; and WHEREAS, more recently, the County has included the cost of the Regional Communications Center in the County Tax, where it has been levied against communities that both use and do not use the service; and WHEREAS, as a result, the citizens of the City of Bangor are required to support a service that does not provide benefits to them; and WHEREAS, from the beginning of the Regional Communications Center, the City of Bangor has periodically discussed joining the center; and WHEREAS, within the last year, the City has undertaken an evaluation of the ability of the Regional Communications Center to meet our emergency service needs by analyzing nineteen different factors in such areas as equipment, operations, and management; and WHEREAS, based on this review, we have concluded that Regional Communications cannot meet our needs on seven factors, ranging from the lack of a computer aided dispatch system capable of supporting the Bangor Fire Department to adequate representation for me City on the Centefs Policy Board; and WHEREAS, in lune 2004 and based on this information, we once again reaffirmed our decision not to join Regional Communications; and WHEREAS, given that the Center cannot currently meet the full emergency communications needs of the City and the County's decision to include the cost of the center in.the County Tax, we filed suit against Penobscot County arguing that the County is not authorized by state law to include this service in the County tax but only on a me - for -service basis; and WHEREAS, Superior Court has ruled in the Chyfs favor, and we are currently awaiting a ruling from the Maine Supreme Court on an appeal by the County of this decision; and 05492 WHEREAS, LD 474 is an effort to force municipalities, in particular the City of Bangor, to pay for a service that It may choose not to use since R cannot meet our emergency communications needs; and WHEREAS, should the City of Bangor be forced to jom the Regional Communications Center it is likely that the overall cast of the emergency communication systems in Penobscot County will increase given that the City of Bangor will eliminate seven positions while the Director of Regional Communications Is on record Indicating that ten additional positions will be required to support Bangor's entry into the system; and WHEREAS, under current state law, municipalities in a County offering regional communication services currently have the option of entering into a contract with the County that would allow the cost of this service to be allocated based on the same formula that applies to the base County Tax. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CRY OF BANGORTHAT While the City of Bangor is not inherently opposed consolidation of emergency communications services, we are opposed to LD 474. At this time, LD 474 would require the Citizens of the City of Bangor to either accept a reduction in the level of public safety communications currently provided or to pay for a service that they do not receive. The current Penobscot County Regional Communications Center cannot fully meet the emergency communications needs of the City; forcing the Cay of Bangor to join the Center will not result in higher overall costs since the cast of this service will be greater than the current costs of regional and city dispatch combined; these higher costs will be home by taxpayers throughout Penobscot County; and the option of allocating the cost of regional dispatch on the basis of assessed value is an available option under a fee-for-service agreement. BE IT FURTHER RESOLVED THAT Copies of this resolve shall be provided to the members of the Joint Standing Committee on State and Local Government, the Members of the Bangor Legislative Delegation, and Governor John E. Baldacd. IN CITY COUNCIL February 28, 2005 Noon Made a Seconded for Passage Pae CITY CLBBH IM CITY COOMCIL Pebreary 28. 2005 Motion Made 6 Seconded gg90LvE jt ) gspreeaing the Oppfaftov of the City f Mango[ to t to Clar y t e Authority Of a Countyto pond its County ccm nitatiooe Curter through the County yas' or Pee -for -Service Arrawmnedts I Assigned to Cauneibr `�