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HomeMy WebLinkAboutReso 2011-1755 RESOLUTION NO. 2011- 115S A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CANCELING THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH WITH AMERICAN TRAFFIC SOLUTIONS, INC. ("ATS") FOR TRAFFIC SAFETY CAMERA PROGRAM; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 17, 2008, the City Commission of the City of Sunny Isles Beach (the "City") passed and adopted Resolution No. 2008-1290, which established and authorized the City's Traffic Safety Camera Program and authorized the City to enter into an Agreement with American Traffic Solutions, Inc. ("A TS") to effectuate said purpose; and WHEREAS, the Agreement between the City and A TS was to install and operate red light cameras at various intersections on Collins Avenue in order to give continuous video coverage to the City's Police Department as a traffic safety measure at no cost to the City; and WHEREAS, at a recent City Commission workshop, certain concerns were raised regarding the effectiveness of the Traffic Safety Camera Program in terms of overall traffic safety and cost to the City; and WHEREAS, the City Commission has determined that it is not in the City's best interests to continue its agreement with A TS based on these concerns and legal concerns; and WHEREAS, the City is authorized to terminate its agreement with A TS after the first three years in the event the City Commission determines to discontinues its Traffic Safety Camera Program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Cancelation of Agreement with American Traffic Solutions. The City Commission hereby determines that it is the City's best interest to cancel its Agreement with A TS, originally passed and adopted via Resolution No. 2008-1290 on July 17, 2008, and as otherwise amended via Resolutions No. 2010-1530 and 2010-1576, passed and adopted on February 18,2010, and July 15, 201 0, respecti vel y. Section 2. Authorization of City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15th day of September 2011. ATTEST: . '~;Il~ . \ h.'1--' . . J<;tne . Hmes,'CMC, CIty Clerk . ' APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~-~ .,,~ -PAe.. "'--Hans Ottinot, City Attorney Moved by: lb~ S:-ClioLL Seconded by: l1~ f\~Li D.,,:) Vote: 5....D Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl ~(Yes) V (Yes) V(Yes) -----vr(Yes) -----v- (Yes) _(No) _(No) _(No) _(No) _(No) Cities questioning future of red-light cameras - South Florida Sun-Sentinel.com Page 1 of 4 sun-sentinel.com/news/local/fl-ats-red-light -cameras-deal- 20110706,0,1468284.story South Florida Sun-Sentinel.com Cities questioning future of red-light cameras By Ariel Barkhurst, Sun Sentinel 8:18 PM EDT, July 12,2011 Extended court fights and money problems have some leaders thinking about pulling the plug on red-light cameras at South Florida intersections. Officials in Pembroke Pines and Fort Lauderdale are considering ending their programs; the !?ro\Yan;LCOllJl1Y Commission is still split on whether photo enforcement was ever a good idea. Q~JIQy Beach decided to hold off on a program until the legal challenges are settled. advertisement "The legal problems have turned out to be much worse than I anticipated," said Browa.rd County Commissioner John Rodstrom. "I thought it would be bad, but not this bad. They've had to hire prosecutors; they've had to take police off the street to testify, only to lose. Everyone thought this was a get- rich-quick scheme. The whole thing has been a disaster." Fort Lauderdale has made about $290,000 before subtracting court and attorney costs. The city hasn't added those costs up yet. It had projected net gains of around $3.2 million. Pembroke Pines also expected to make money. Instead, it lost just over $139,000 from July 1, 2010, through May 20, 2011. That's no surprise considering the performance of some cameras there. One http://www.sun-sentine1.comlnewsllocallfl-ats-red-light-cameras-deal-20 11 0706,0,51751 0... 7/13/2011 Cities questioning future of red-light cameras - South Florida Sun-Sentinel.com Page 2 of 4 camera, online since January, has only issued about one ticket every three months. Another has issued about three tickets a month. A third is issuing 19 per month. Hollywood spokeswoman Raelin Storey said that the city's cameras have made about $250,000 before court costs, legal fees and staff time - which haven't been added up yet - get subtracted for the seven-month-old program. Hallandale Beach's contract with American Traffic Solutions, which holds most of South Florida's camera contracts, is set up so that the company absorbs operating losses. So far this year the company seems to be heading toward taking a loss because of it, said City Manager Mark Antonio. The city pays its court and personnel costs, though, so it's taking a loss, too. The city isn't tracking how much, Antonio said. West Palm Beach hasn't calculated how much its program has made or lost, said Assistant Chief of Police Dennis Crispo. The city never intended to make money; all potential revenue would by law only be available to spend on more traffic safety equipment or operations, he said. The losses are largely caused by the court costs, said A TS spokesman Charles Territo. Fort Lauderdale might eliminate its program because of its cost, said Fort Lauderdale spokesman Matt Little. "Everything is on the table," he said. "We're not sure what the future is for red light cameras." Pembroke Pines Commissioner Iris Siple insists the program is about safety. But she's not sure it's worth the cost. "There's a good possibility it's more trouble than it's worth," she said. "Don't get me wrong. If it stopped even one red light runner, and an accident that would have hurt someone, it's worth whatever we paid for it. It's always been about safety. But, I just don't know if this is the only way to accomplish safety. " http://www.sun-sentinel.comlnews/locallfl-ats-red-light-cameras-deal-20ll 0706,0,517510... 7/13/2011 Cities questioning future of red-light cameras - South Florida Sun-Sentine1.com Page 3 of 4 Data remain split on whether the cameras save lives. Fort Lauderdale's data cast doubt on that. But a recent study by the Insurance Institute for Highway Safety showed that cameras in 14 large cities in other parts of the country reduced the rate of fatal crashes by 24 percent between 1996 and 2004. Other leaders are satisfied. Hallandale Beach loses money on the cameras each month, but the city is happy to go out of pocket for safety, said Antonio. "It's no different than a regular traffic citation," he said. "They don't make money. " A TS is baffled by the focus on cash flow. "On one hand we're criticized when the cameras generate revenue," ATS's Territo said, "and on the other hand we're criticized if they don't generate revenue. These programs first and foremost are about safety. What other law enforcement programs are judged by the amount of revenue they generate? Traffic patrols are some of the most costly services law enforcement agencies perform. " Some leaders think the cameras just need to be given time. "This is the birth pains of something that should be noncontroversial," said Pembroke Pines Commissioner Angelo Castillo, who feels the cameras are worth their cost. "We've got some officials walking around like we're handcuffed to a dead dog with this program. I don't understand that when we're saving lives." PC:lJmB~gGhmCQlJQty has fewer cameras than Broward or Miami-Dade. Most red light programs in P_'llQLB_~<l~lLC_Q_lJnty are just a few months old, with the exceptions of West Palm Beach and Palm Springs. West Palm Beach's program has issued 1,527 tickets while Palm Springs' has handed out 2,709. Meanwhile, challenges to the tickets continue to trickle into the courts. Since July 1, 2010 - when state law made the programs legal - 786 challenged tickets have been dismissed in Broward and 44 challenged tickets were upheld. In Palm Beach County just under 400 tickets have either been http://www.sun-sentinel.comlnewsllocal/fl-ats-red-light-cameras-deal-20 11 0706,0,517510... 7/13/2011 Cities questioning future of red-light cameras - South Florida Sun-Sentine1.com Page 4 of 4 dismissed or remain unpaid. That's out of31,521 tickets in Broward and 5,449 in Palm Beach. National law firm The Ticket Clinic is responsible for many of the dismissals. In South Florida it has won around 700 cases and lost two, said attorney Ted Hollander, and raised multiple legal issues. Rulings have said a videotape is not a witness. They've thrown out cases because there was no proof the camera had been recently inspected. Judges and hearing officers have required photographic evidence that the car had not entered the intersection before the light turned red. Other cases were thrown out because officers did not have certified copies of vehicle registrations or because cities couldn't prove the employees who review tapes for violations are certified to do so. A recent Broward ruling said it's unconstitutional that there are different fines for red-light tickets issued by cameras versus police officers, and one of the two methods should be eliminated. "If I were [A TS], I'd be worried," Hollander said. "Everyone involved should be worried." A TS might put an end to the losses in at least one city here. Pembroke Pines and American Traffic Solutions are discussing a new contract under which the city wouldn't pay anything until it has issued enough tickets to cover all its costs, including legal fees and personnel time. "Our goal is public safety and saving lives, but we've got to be able to pay for it," said Mayor Frank Ortis. abarkhurst@tribune.com or 954-356-4451 Copyright <9 2011, SOllth FloridaSlln-SeIltil1~l http://www.sun-sentinel.com/news/locallfl-ats-red-light-cameras-deal-20 11 0706,0,51751 0... 7/13/2011 Preview Page 1 of2 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 7/21/2011 RE: Cancelling the Agreement between the City of Sunny Isles Beach and American Traffic Solutions, Inc. ("A TS") for Traffic Safety Camera Program RECOMMENDATION: It is recommended that the City cancel its Agreement with A TS for the installation and operation of the red light cameras. REASONS: On July 17, 2008, the City passed and adopted Resolution No. 2008-1290, which established and authorized the City's Traffic Safety Camera Program and authorized the City to enter into an Agreement with American Traffic Solutions, Inc. ("A TS") to effectuate said purpose. The Agreement between the City and A TS was to install and operate red light cameras at various intersections on Collins A venue in order to give continuous video coverage to the City's Police Department as a traffic safety measure at no cost to the City. The Traffic Safety Camera Program was temporarily stayed following the City's internal review of the program's cost and effectiveness. More recently, the City Commission held a workshop addressing the program's viability. During this workshop, certain concerns were raised regarding the effectiveness of the Traffic Safety Camera Program in terms of overall traffic safety and cost to the City. Based on these concerns, it was determined that the program should be discontinued. Moreover, a legal decision from state court questioned the constitutionality of the Red Light Camera Program under the current law. The City Commission is authorized to terminate without cause its Agreement with A TS pursuant to Section 6.3.4 ofthe Agreement. That section states that after the first three (3) years of the Agreement, the City may provide for the early termination for the City's own convemence. As indicated previously, the Agreement was approved by the City Commission on July http://sibagenda.sibfl.netlagendalPreview.aspx?ItemID=5 5 5&MeetingID=0&MeetingDate... 711512011 Preview Page 2 of2 17, 2008. The City is not liable to A TS for any costs or expenses other than A TS' percentage of revenue generated by the program during its term of operation. ATTACHMENTS: . Resolution . Article http://sibagenda.sibfl.netlagendalPreview.aspx?ItemID=5 5 5&MeetingID=0&MeetingDate... 7/1512011 TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33 160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax city Commission Norman S. Edelcup, Mayor Lewis Thaler, Vice Mayor Isaac Aelion, Commissioner Jeanette Gatto, Commissioner George "Bud" Scholl, Commissioner Alan J. Cohen, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM Honorable Mayor and City Commission Hans Gttinot, City Attorney ~ September 15,2011 Cancelation of Agreement with American Traffic Solutions (A TS) for the Installation and Operation of Red Light Cameras RECOMMENDATION It is recommended that the City cancel its Agreement with A TS for the installation and operation of the red light cameras. REASONS On July 17, 2008, the City passed and adopted Resolution No. 2008-1290, which established and authorized the City's Traffic Safety Camera Program and authorized the City to enter into an Agreement with American Traffic Solutions, Inc. ("A TS") to effectuate said purpose. The Agreement between the City and A TS was to install and operate red light cameras at various intersections on Collins Avenue in order to give continuous video coverage to the City's Police Department as a traffic safety measure at no cost to the City. The Traffic Safety Camera Program was temporarily stayed following the City's internal review of the program's cost and effectiveness. More recently, the City Commission held a workshop addressing the program's viability. During this workshop, certain concerns were raised regarding the effectiveness of the Traffic Safety Camera Program in terms of overall traffic safety and cost to the City. Based on these concerns, it was determined that the program should be discontinued. Moreover, a legal decision from state court questioned the constitutionality of the Red Light Camera Program under the current law. The City Commission is authorized to terminate without cause its Agreement with A TS pursuant to Section 6.3.4 of the Agreement. That section states that after the first three (3) years of the Agreement, the City may provide for the early termination for the City's own convenience. As indicated previously, the Agreement was approved by the City Commission on July 17,2008. Cancelation of Agmt- ATS Page 1 of 3 The City is not liable to A TS for any costs or expenses other than A TS' percentage of revenue generated by the program during its term of operation. Cancelation of j\!,'111t- ATS Page 2 of 3