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HomeMy WebLinkAbout2003-10-27 03-340 ORDERDale: 10-28-03 Item No. , 0l Itan/Subject ORDERAutho sizing the Cly Soldier W Hie for Declaratory Judgment to Determine Whether Ttle 30-A, Part 1, Mows Penobscot County to Fund Regional Dispatch Through Tax Assessments. Responsible Department: Legal Commentary: The purpose of this Order is to authorize the City Solicitor to file a declaratory judgment action to determine whether Penobscot County can Pond its regional dispatch through tax assessments under Title 30-A, Part 1. Department Head Manager's Comments: For some time, the City has been engaged in reviewing the question of whether or not to pin Regional Dispatch. We have recently completed an in-depth review of various operational and management issues and discussed the results with the Council. During Mese discussions, it became apparent that one of Me major factors influencing our thinking on this issue is the method the County is currently using to pay for dispatch. For the last two years, the cost of operating Regional Dispatch has been included in the County Tax. As a result, the CM is paying for its proportionate share of Regional Dispatch in spite of the fad that we do not use it and are funding our own dispatch center. Under this arrangement, the City would realize some savings by joining Regional Dispatch. A reading of state law seems M Indicate that this service should more appropriately be paid for by Mose who are using It. The purpose of this anion is to clarify how the County should fund Regional Dispatch. The answer W this question may be important as the Council continues to review how the City should proceed. City Manager ASSodated Information: France Director X Passage First Reading Page _ of Referral 03-340 "imiximcounCilor Joel October 27, 2003 I •:.14, ` CITY OF BANGOR (TIRE.) ORDER Authorizing the City Solicitor to Hie for Declaratory Judgment to Determine Whether Title 30-A, Part 1, Allows Penobscot County to Fund Regional Dispatch Through Tax Assessments. WHEREAS, Penobscot County operates a regional dispatch program that it funds from tax assessments; and WHEREAS, as a result the City of Bangor contributes to the cost of a service from which it does not directly bereft while also funding Rs own dispatch center; and WHEREAS, one of the major considerations in support of the City joining the regional dispatch center is that the City is already paying for its proportionate share of the cost of this center through the County. Tax; and WHEREAS, the City of Bangor takes the Rosidon that the County may not be statutorily allowed W fund its regional dispatch through taxes; and WHEREAS, the Oty of Bangor and Penobscot County agree that this disagreement should be settled authoritatively and in a non -contentious manner; and WHEREAS, the resolution of this question Is essential to provide the City Council with needed Informatlon as it considers whether Bangor should join Regional Dispatch, NOW, THEREFORE, BE IT ORDERED BY THE Citt COUNCIL OF THE CITY OF BANGOR THAT The Gty Solicitor is authorized W file for a declaratory judgment to determine whether Title 30-A, Part 1, allows Penobscot County to fund its regional dispatch though tax assessments. m CITY COOPCI October 27. 2003 Motion Made sod Seconded for Passage Passed CI & 03-3!0 O RD MR ULE,)atAathOriz ng the City Solicitor to E i a ry Ybecex Htle 30-9. Part 1. Alloes Penobscot felpy t, good _ I Tax Assesventa `f pp _ Assignetlb Caunciim �.