Agenda 06/14/2011 Item #16K7
.
.
.
6/14/2011 Item 16.K. 7.
EXECUTIVES~Y
Recommendation to approve in principle a Settlement Agreement with Bennett
Cinquegrana et aI. that settles in full the litigation styled: Bennett Cillquegl'ana, Rita Siegel,
on behalf of themselves and all other persons similarly situated v. Collier County, Al7'le1'lcan
TI'affic Solutions, LLC and ATS American Traffic Solutions, Inc., Case No. 09-7628-CA, now
pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County,
Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approves in principle a
Settlement Agreement with Plaintiffs in the red light camera litigation that settles in full the
litigation styled: Case Bennett Cinquegrana, Rita Siegel, on behalf of themselves and all other
persons similarly situated v. Collier County, American Traffic Solutions, LLC and ATS American
Traffic Solutions, Inc. Case No. 09-7628-CA, now pending in the Circuit Court for the Twentieth
Judicial Circuit in and for Collier County, Florida.
CONSIDERATIONS: On April 22, 2008, Collier County adopted Ordinance 08-22, the
Collier County Intersection Safety Ordinance. The Collier County Intersection Safety Ordinance
peTI11itted the use of cameras to monitor intersection safety and provide civil infractions for
violations of red lights as recorded by cameras. Similar ordinances were enacted throughout
Florida, and 21 separate class action suits were initiated, including this suit. These suits all
involve the same plaintiffs' counsel and A TS.
Plaintiffs and A TS independently reached a settlement of all of these claims. A TS, as part of its
settlement, secured for the co-defendant local governments the ability to settle the cases on the
same tenns that ATS agreed to. The backup material outlines three separate settlement options
available to the County as secured by A TS in their negotiations:
A) The County and A TS both make 30% of their respective collected revenues available
for settlement claims. Option A results in a settlement cap of $315,961.50 for the County.
B) The County makes available 30% of the total revenues collected by the County and
A TS as reduced by an A TS contribution of $208,000. This option would likely be preferred by
local govenmlents whose red light canlera revenues were relatively low, so that the A TS
$208,000 credit would represent the bulk of the settlement. Option B results in a potential
exposure of $449,494 to the County.
C) The County does not settle, proceeds with its defenses of the action and A TS settles
with Plaintiffs for $208,000.
.............,..,"'i
The recommended Settlement (Option A) calls for Collier County to make available no
more than 30% of the revenue it obtained from paid fines for pre-July 2010 violations
($315,961.50 ) for settlement. (post-July 2010 violations are specifically authorized by recent
State legislation.) If there are fewer claims against the available funds than the 30% threshold,
the County will be able to retain a proportionate share of those funds along with A TS. The
proposed settlement teTIns are attached as backup material for this Executive Summary.
However, the Settlement Agreement cannot be executed immediately as the Court must certify a
Packet Page -2042-
.
.
.
T~
I
6/14/2011 Item 16.K.7.
class of Plaintiffs and their claims must be paid prior to a Final Settlement Agreement being
fmalized. The Director of Transportation approves this settlement.
FISCAL IMPACT: Because of this pending litigation, the County has maintained the proceeds
:from red light camera revenues in an escrow account. There currently exists $1,053,205.00 in
this escrow fund, representing the amount of fines retained by Collier County prior to July 1,
2010.30% of this amount, or $315,961.50, shall be made available to settle the instant litigation.
Upon completion of the Settlement, the remaining 70% ofthe escrow, or $737,243.50, would be
freed to use as County funds. It is not unlikely that a relatively small number of individuals will
elect to opt out of the class action and pursue separate legal action against the County, however,
the County Attorney believes the exposure to the County for such claims is minimal, as each
individual's claim would be limited to the cost of the tickets received.
GROWTH MANAGEMENT IMP ACT: None.
LEGAL CONSIDERATIONS: The County Attorney has reviewed the attached Settlement
Agreement and this item is legally sufficient for Board action. It should be noted that if the
County does not settle, the claim against the County will be for $1,932,000, which represents the
sum of all red light camera tickets issued in Collier County ($2,140,700), less $208,000 that A TS
would be paying, with additional costs incurred to defend the litigation. If settled, the cost to the
County would be no more than $315,961.50 (which will come from the escrowed account).
Please note that this matter is being placed on the consent agenda. If any Commissioner wishes
to discuss the terms of this Settlement with their fellow Commissioners, please notify me and I
will request a continuance of this item and announce a Shade Session to be held at the next
Board meeting.
RECOMMENDATION: That the Board of County Commissioners approves in principle a
Settlement Agreement with Bennett Cinquegrana, Rita Siegel and similarly situated persons to
settle in full the litigation styled: Bennett Cinquegrana, Rita Siegel, on behalf of themselves and
all other persons similarly situated v. Collier County, American Traffic Solutions, LLC and ATS
American Traffic Solutions, Inc. Case No. 09-7628-CA. Please note that this is a preliminary
step. with the final Settlement Agreement to be coming back to the Board for review and
approval. Since bv then pavments will have alreadv been made to those who opt into the class.
which would include Collier County's share. Board approval at that time will be little more than
a formality to close the matter.
PREPARED BY:
Jeffrey A. Klatzkow, County Attorney
Packet Page -2043-
.
.
.
- i''f:~ '.
6/14/2011 Item 16.K.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7.
Item Summary: Recommendation to approve in principal a Settlement Agreement with
Bennett Cinquegrana et al. that settles in full the litigation styled: Bennett Cinquegrana} Rita
Siegel, on behalf of themselves and all other persons similarly situated v. Collier County,
American Traffic Solutions, LLC and ATS American Traffic Solutions, Inc., Case No. 09-7628-CA,
now pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County,
Florida.
Meeting Date: 6/14/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
6/2/2011 3:27:34 PM
Approved By
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 6/3/2011 8:26:08 AM
Name: GreenwaldRandy
Title: ManagementlBudget Analyst,Office of Management & B
Date: 6/3/201110:49:10 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/7/2011 8:47:58 AM
Name: OchsLeo
Title: County Manager
Date: 6/7/2011 9:18:07 AM
Packet Page -2044-
6/14/2011 It ;~d
em 16.K.7.
@
.
cr
OJ
:::J
--i
~
=
"
en
o
~
o'
p;
5"
~
II
-
o
.,
--
c.
Q)
o
-
Q)
en
en
)>
n
r+
--
o
~
en
CD
r+
r+
-
CD
3
CD
~
r+
en
:::-
-"
~~
~1\,jI
~
Q)
~
\....
....
.
~
::s
0-
m
Q)
t.~
.... .
(It)
....
..
o
....
....;
~
.....,
CD
"""!!
d
~
Q..
~
.......
.-I
D
~
0""
.
': ,I
I
I
I
, I
I
I
I .
I~ )>
,a3
_(1)
I o'~.
I CJ) ~
I Q.. ::l
IS
10"
I ~;:
.
E>>
tn"
:t>:;
"'c
mU'l
-fo
-<z
enCD)>
C ::::J en
o-en"'O
en C n'\
r-+ ...., ~
Q) CD ....,
::::Jr-+r-+
~::TO
~Q)--+'
_ r-+ r-+
'<Q)~
r-+ - en
::T -
CD )> m
en -I CQ
m (J) CO
3 - CD
CD 0 3
(") CD
o ~ ::::J
"'0 (Q r-+
"'0 ""
00)>
...., < -;
c~(j)
~. ::::J c:::
~3d
r-+CD....,
0::::J"
r-+CD
en(")c..
9a.==c..
r-+ CD _.
CD::::J==
r-+ (Q
en CD
Q) ::::J
- r-+
en -
0'<
r-+
::TO
Q)
<
CD
6/14/2011 Item 16.K.7.
.
I
I
I
I
I
I
L_____
I~)>
I tri 3
1- (l)
::n-.
10 ,5"
I en III
I Q.. ::J
c:
I~
10
I~
E
(Q(")r-+)>
OC::J"'--I
< ...., CD (j)
CD ...., (")
...., CD _
::::J ::::J Q) ::J'"
r-+ -. Q)
3'<3en
CD "'0 en ....,
;3.CDQ)CD
en::::J(QQ)
-. c.. Q) Q..
::::J - . ..J
r-+ (Q::::J ::r CD
::T enc..
coQ);m
(j) ~ ~ ::::J
or S. (j) ~
r-+en
CD r-+ S. CD
o )> I\) CD
--+'-;~3
::!J(j)(")CD
Q Q) Q) ;3.
-. ::::J en
c..c..cn::::J
Q)
· < Q) "'0
m (") :::!.
...., ~ ::::J
-. 0
o ::::J Q.
c "'0
en(")-
_mCD
Oenr-+
(") CD 0
Q) en en
CD
r-+
r-+
CD
.
)>
(Q
..,
C'D
C'D,
3
..... '. C'D
::r:;j
C'D .....
-.
('"):;j
ii)"'tJ
en :::::!.
en :;j
)> ~.
o"'C '
..... -
-. C'D
gge
('")w
Q) C'D
en .....
C'D ~
en CD
Packet Page -2046-
le!lUapyuo:) pUB All';l3pdOJd I :JUI 'SUO!lnIOS :JweJ.l UB:JP3W'if O~Ol@
.~,
.
'- :-',
O)oeno)>
:J "'0 ~ ~ r-+
C. -g r-+ :J 5
3...., CO C.e
oc3coco
C5 ~. ~ Q. :T
~ ~ ~. co
000)
:Jr-+~:J('")
· ocoO):T
"'0 0- en co
S-cor-+o
r-+~O<
=r~~~
en co ::r :J
~r-+co3
::r=rco
co 0) co :J
sa.r-+....,r-+
o. s: 0 co
:J -. ...., :J
en:J~
0- 00. 0 ~
co r-+
::rO)r-+~
5. ::J 0 ==
-
c. CD ""C :J
,-","><0)
'0 ('") ;:1.. co
e~('")~
...., CD -0. r-+
"'0 ::J 0) 0
ar-+C03
co 0)
...., ::J 7\
0) co
3
.\ ,".
.:L'!{)
411
\
<J\..'
~"
~'
r-+
:T
CD r-+
en
CI'''
:t>g
"'c
mu>
-to
-<z
Packet Page -2047-
6/14/2011 Item 16.K.7.
....'~c_,
.
('") en ('") ::! . OJ
==CD oen 0)
CDr-+:J7\en
::J~r-+enco
r-+ CO -.
!J>3~0)C.
cocoao
~cYco~
en ...., >< ~
0) r-+""C ::J
....,:Tcoe
CD CD ::J 3
::J ::J en 0-
CD CO CO
=r><0"'"
CDr-+---to\o
WQ)---to\
glc.---to\
enCJ1~~
r-+ '< ~ r-+
-. CD 0 0
::J 0) ::J ....,
r-+ ...., n'\ en
CD en ~ ...
...... .... - .
CD)>==:J
en ~ ('")
r-+ ---1 CO -
en --, e
0(J)sa.Q:
---to\CJO::J
)>~::JCC
--i a5" s: s:
(J)<O)co
CO r-+
0) en ","'0
ar-+o9-
:Teco
r-+CD-:J
enenc.r-+
CD 0)
18!lUap!!UO:) pUB AJel9pdOJd I ::lUI 'SUoanlOs ::l!Hl3Jl U13:JpClW'Q' 0 ~Ot::@
I
I
I
I
I
I
1
I~>
I@ 3
,- co
=~
I" o'
I en D)
I Q. ::l
t:
10:
10
I~-
"
: j
;:
:~-
".;:: en
'r' CD,
....,.:::i(,:,~
,,!, 3
:' ',: ,~; - --
f' I"
"I'j!',a.
, '
f!,\.'__
;, .' en
i::" __'
...'. :]
)> "'. '
, ,
.... :;:':,
.en ..
,'.. . CD
,m' to
..:] CD'
C-en
,...,. r+,
>,)> -
:--1 :]
,en.r+
L" .' C'1)
i --,
..... .:('") CD
:~/~/= _In
...'.. . r+
'.'~en
>",(1 a
~__,;h.;~____.__--.:..._ __
'0;.-:-':,
.~. ~
. "I
H::1O
Con"
~g
"nc
me/>
-to
-<z
o
---., ICD
~ i<
=r ICD
CD I::J
enr+
CD !~
~i=r
~ ICD
CD!
3 iO)
CD 13
::J 10
~ic
0) i::J
3 !~
OTe
'Q)
C -.
::J c..
;+0
C
~
.
=.:en
-
en'"C
c 0
o-en
3 ~. 0'
CJ""""'S
~-3
< CD
:EO)~~
O _=r0
-. 0)
cc..~
-
c..
.
6/14/2011 Item 16.K.7.
.
O):Ecn
::J CD CD
'<""""'S~
3CDc;
eo Q 3
3 ('") CD
0-0::J
~
~ ~ 0
oc..~
---.,=rCD
~O)""""'S
=r<en
CD CD 0)
Q..o-O-
0) CD """"'S
en eo 0
~::J~
o-""""'S
""""'S CD
o -
c CD
(C 0)
=ren
~CD
::J 0
---.,
=r0)
eo =
o s:
'"C CD
-g3
""""'S 0-
ceo
::J """"'S
-. en
~
'< 0
~---.,
o ~
=r
o CD
~('")
CD -
('") 0)
~en
o en
....... ~
~ -.
o =
.gg
~(C
g <.
~CD
::J
::J
o
~
-.
('")
CD
0)
::J
c..
0)
::J
Packet Page -2048-
=:('")
~ -
Q)
-.
3
en
(C
Q)
~
-.
o ~
::J =r
crO)
'<~
IB!lUepguo:) pUB AJBlepdoJd I :Jur 'SUOllnIOS :JWBJ.L uBopeuJ'if o~oz@
.
('") --f
-
0) =r
en CD
en ('")
('") 0)
eo en
""""'S CD
~
-. en
~
-.
CD :E
c.. =.:
-
enrr
Q.CD
9?.en
'< CD
~
0" ~
....... eo
~c..
=r0
CD ::J
-g 0)
-aQ.
o 0)
en en
eo Cf
o :E
~ -.
1""+0-
=rCD
CD rr
en Q)
CD en
1""+ - .
1""+ en
CD ~
3 _.
CDr-+-
::J ::::T
;+0)
I
I
I
I
I
I
I ....' .
I~)>
I irl 3
1- CD
~--:
10 C'r
I en III
I Q.. ~
c
I=.
10
I~-
,.
.
G)
(1)
::::J
(1)
..,
Q)
-
-I
cn~
~3.
~tn
(1) 0
3 ...,
(1) P'+
~ ::T
P'+(1)
.~;
~ ~_~-t,
m m <
== 0 -- m
~:J~o.
-'< -0
CDo-CDm
o-CDo-
'<0'<3
CD 0- ::r en
~ co' CD 8,
:::rmoo
..............0
o CD m m
.......o._en
:::r ....... co en
CD 0 0 3
en "'0 < CD
CD m CD 3
....... '< .....
~<::Jo-
CD m 3 CD
3=:CD(iJ
CD 0. ::J 0>
~o............
- 0> ~ CD
-- 0.
~ )> m
_. -I en
::JC/)::r
"'0 - 0>
..... ....... :J
o :::r
"'0 CD""'"
o :::r
:::1..0 CD
000
:J m 0
.......co 3
000-
.......<:J
:::rCDCD
CD :3 0.
030>
.......CD3
m :J 0
-t,.......c
C m :J
:J :J .......
0.0..3
en )> m
3-10.
0> C/) CD
0..
CD
-J
.':
L1
~
(I'"'Tl
:t>~
'"nc
mtn
-40
-<z
.
co"'Oen-u
o a CD m
< ~
CD "'0 CD :J
..... 0 3 !::!':
:J:::I.. ::n
3 o' CD Cif
CD ::J :J _
:J ....... ",
..............0>0
en~35
"'0 :::r 0 en
:::::!. CD C CD
o m :J
..... 3 -....... 3
oo~m
c :::r '<
~ :J 0- m
'< ....... :::r "'0
en "'0
3 3 ~ -
CD -. '<
:JO>=-t,
.......0.0-0
en CD CD .....
o 0> "'0 0>
<m-t,
o m __ CD
0> == 0. CD
en 0> -t, m
eno-a~
3 CD 3 m
CD 0- .....
'<.......0.
3 )> ~ :J
0- 0
CD-Io.......
.....C/)..............
en m 0
- m - CD
::J en ><
0. CD 0
.......~CD
:::r-CD
CD 3 0.
OCDVJ
O::JO
m.......?fl.
0>
3 8,
o .......
c :::r
::J CD
..............
o
::J .......
m
.
"'0)>
m -I
0.C/)
03
m
o :::'\
..... CD
o en
~ VJ
CD 0
o.?fl.
.......
o 0
-t,
)>.......
-I:::r
C/)CD
en
o-CD
'< .....
.......<
:::ro
CD CD
- -t,
o CD
o CD
m en
co=t'
o 0
< 3
CD
-s"'O
::J -s
3 cP
CD c....
:J C
.......'<
m N
Q5 0
-- ~
m 0
~<
CD 0
-t, -
o 0>
-s !::!':
en 0
CD :J
.......en
.......
CD ::r
3 0>
CD .......
:J ~
.......CD
-s
CD
.
.
"'0-1
m :::r
0. CD
::!'!o
:J 0
CD 0>
en
-t,CO
o 0
-s <
"'0 CD
-s -s
CD :J
L3
c CD
,<a
N3
~m
0:::'\
CD
< en
o m
m <
.......0>
o m
::J 0-
en
O'CD
-s VJ
en 0
CD?fl.
.......
~o
CD -t,
3 .......
CD :::r
:J CD
~ro
<
CD
:J
C
CD
.......
o
0-
.......
0>
:J
CD
0..
-t,
-s
o
3
Packet Page -2049-
':~1
6/14/2011 Item 16.K.7.
o
r+-
--
o
~
)>
leguepguo:) pUB AJ8l8pdO.ld I :>UI 'SUO!lnIOS OYJeJ.L U80p8W'i 0 ~m:(2)
-h
r-+-
::r
CD
'<
en
o
('")
::r
o
o
en
CD
-;
::r
CD
...,
CD
0)
...,
CD
:::l
r-+-
::r
CD
('")
c
...,
...,
CD
:::l
r-+-
en
CD
r-+-
r-+-
-
r-+-
~
o
~
Q)
'<
en
:::l
~
::r
-.
('")
:::T
CD
3
CD
:::l
r-+-
r"""'I-'
::r
CD
CO
o
<
CD
~
::J
3
CD
::J
r"""'I-'
CD
::J
r"""'I-'
-.
r"""'I-'
'<
('")
Q)
::J
"'C
Q)
~
r"""'I-'
('")
-.
"'C
Q)
r"""'I-'
CD
-
; ,. ~
I
I
I
I
I
I
1- '..
I~>-
I~ 3
1- (!)
::!'.:...,
I" 0'
I en III
I Q. ::l
c::
I::r.
10
I~-
'"
'CJ) ':
CD
....
....
-
CD
3
CD
:]
....
v.-.::----,,__,
en ee --+lI
03 0 <
;:~Q)
~30..
~3C')
o CD 03
en ::J 3
CD r-+
< r-+ en
03 :::r 03
-CD "'""'I
o.:_CD
o -
C') C') CD
03 03 en
-. - en
3 ee r-+
en 0 :::r
< 03
CD ::J
"'""'I
::J
3
CD
::J
r-+
ti:~
~,
t---.:.-: _
l--'
r-+
:::r
CD
C')
o
-0 3
03 0-
'< ::J
en CD
o 0..
::J 03
'< 3
r-+o
o C
r-+::J
:::rr-+
CD --+lI
CD "'""'I
X 0
r-+3
~ )>
r-+-;
::J en
~ 03
CD ::J
en 0..
en r-+
03 :::r
~ CD
r-+o
o C')
03
'1
~
tit."
~g
-nc
mC/'l
-10
-<z
.
.
-oen-u
a ~ 03
r-+
-oCD::J
o r-+
~3~
o CD en
::J a C')
0030
r-+3s
:::rOen
CD C CD
03 a 3
~ ~ 03
C :::r '<
::J C'). 03
r-+ :::r-O
en -0
3:'E-
-.'<
Q)---+lI
0..0-0
CD CD "'""'I
o 03 -0 03
<Q)--+lI
C') 03 _. CD
03 == 0.. CD
en ~ =r ~
en - 0 <:
3 CD 3 03
CD 0- "'""'I
'< ~ 0..
3 )> CD ::J
g -; r-+ 9-
"'""'I eno r-+
en r-+ 0
03 03
::J en CD
0.. CD X
r-+C')
r-+r-+CD
:::rCDCD
CD 30..
OCDW
C')::JO
Q)r-+~
03 0
3 8,
o r-+
C :::r
::J CD
r-+r-+
o
::J r-+
03
ee
o
<
CD
"'""'I
::J
3
CD
::J
r-+
en
-0
::!.
o
"'""'I
r-+
o
-0
03
'<
3
CD
::J
r-+
en
C') c....
o c
='<
CD
C') ~
r-+ -
CD N
0..0
~
o
C') m
o 03
::J C')
r-+
::! . :::r
o-ee
c 0
!::!:<
o CD
::J "'""'I
03 ::J
en ::J 3
c 0.. CD
g.w;a
r-+OCD
:::r~::J
03 0 r-+
r-+O;:::+
r-+ --+lI '<
:::rr-+C')
CD :::r 0
r-+CD::J
Or-+r-+
r-+ 0 ::!.
03 r-+
03
0-
en ~
CD :::!'! CD
~::Jen
CD CD r-+
3 en :::r
C') CD
CD 0 0..
::J
;~~
3 r-+ "'""'I
CD CD
o 0.. ::J
C 0 C')
a::JCD
< 0-
-. CD
o r-+
~~
-. CD
g ::J
en r-+
:::r
CD
)>
-;
en
en
w
o
~
o
o
--+lI
r-+
:::ren
CD en
r-+C
o CD
r-+ c..
03-0
--+lI "'""'I
-- --
::J 0
CD "'""'I
en r-+
o
packetPage-20S0-
6/14/2011 Item 16.K.7.
.
.
)>"'C )>
-; 03. -;
en 0.. en
o C')
-s 0
o 3
~ 3
0..;:::+
en
r-+
o 03
)>:::!'!
-;x
cn~
o 0..
::J 0
""Q 03
CD "'""'I
I 03
~3
'< 0
NS
o r-+
~......--..
00-
< 03
_. en
o CD
- 0..
03
!::!':o
o ::J
~ 03
'-"'-0
r-+CD
o "'""'I
en C')
CD CD
r-+::J
r-+ r-+
-03
CDee
~CD
CD 0
C') --+lI
-en
03. CD
3 <:
en C')
03 CD
ee--+ll
03 CD
-. CD
~ en
r-+
le!luepguo8 pue A.J8l8pdOJd I ::lUI 'SUO!lnIOS ::lW8J.L U8::lpaw,j O~OG@
o
I
I
I
I
I
I
I'_M_
I.....; )>
IDl 3
1- CD
~""'"
I (') C=,-
I en III
I Q..:::l
t:
I~
10
I Vl_
..
~
--
o
:J
OJ
. .
.
en
CD
,....
,....
-
CD
3
CD
::J
,....
me
..,
3
tn
6/14/2011 Item 16.K.7.
.J
'_" - ~ _ _ - I
.
.
OJ ('") )>
('") 0 -I
~QC/)
o c..
:::J _. ~
('") :::J ==
-OJ-
~. 0 3
3 :::J OJ
00 ~ ~
OJ ;:+ CO
c..::JCD
3
-. OJ
:::J
-. C1
00 0
r-+
tu 3
~-c
o OJ
:::J :::J
. '<
00 ""0 0 m
CD"~OJ
r-+O~,...,.
!:!: -c ....J \, "
CDO~::J
3 ::l. o' CO
CD o' CD 0
a:::JOJ~
· r-+:::J.,
o c.. :::J
r-+OJ3
ffic..CD
OJ ~. a
3 ~. ~
o 00 r-+
c~;:+
:::JOJ'<
r-+r-+OJ
00 0 :::J
st:::Jo..
CDO)>
'< ::: -I
3::JC/)
OJ CD ~
~OO<::
CDCD=:
r-+
OJ r-+ 00
<CD::J
~3~
OJ CD CD
o-:::Jr-+
-r-+::J
CD 00 CD
Q':::JC1
., 0
00
r-+
00
r-+
::J
CD
00
CD
-c
.,
o
C1
CD
r-+oo
::Joo
OJ CD
r-+oo
.,,-,
.;1
00
-cr-+
CD ~
('") 0
05' c
=:cc
N ::J
CD
00
:::J
C1
-
OJ
00
00
o
.
tn"'T1
~g
","c
mv>
-10
-<z
Packet Page -2051-
le!~uepyuo::> pue AJe~8!JdOJd I :lUI 'SUO!~nIOS :JYJeJJ. ue:J!J8W'Ij O~Ol@
I
I
I
I
I
I
J"
I~)>
I@ 3
I:;~
10 o'
I en III
10 :::l
C
I~
10
I~r:
~
(Q
n
0'
tn
r+-
tn,
--,,--,~, --~::.. -~" . -~ :_!~
-'- :~... '"
)>
-I
en
~
- ,
1:".- .
-.
-
-
::J
o
-""
o
o
::J
-""
-.
::J
C
CO
::J
-""
::r
CO
-
-.
-""
c.c
0)
-""
-.
o
::J
.
III:>>
u\"
:z>g
"'nc
mC/l
-to
-<z
.
.
-O(J)~
...., CO ....J
0-""-""
o~::r
CO 3 CO
~CO~
::J CO
-""::J
..(J) -""
-"" -""
::r::r
CO 0)
-""
-
;:::+:0)
-.
c.c -
0) 0
-",,0
-. 0)
o -
::J(.Q
0) 0
(.Q <
Q) CO
- . ....,
::J ::J
~3
-""co
::r::J
CO -""
-0
0-0
o ,.-+
0) (J)
-::J
(.Q 0
o -'"
< -'"
CO 0
""'-0
::J 0)
3 ....,
CO ~
::J Q.
-"" -0
~ ~
=CO
::J
,....p.
::J
CO
o
......
-.
o
~
o
. .
Packet Page -2052-
o
-0
~
o
::J
(J)
6/14/2011 Item 16.K.7.
::J CO 0
o X CO
::J -0 (J)
COCO-o
S:::J;:::+:
CO (J) CO
_co-""
COo::r
(J) -+\ (J)
(J) Q)
(') Cl. 0
::r Cl. -0
o ;:::+:-0
o -. 0
(J) 0 ...."
co::Jc
0)
-",,_::J
O -.
- -""
;:::+: '<
...., - .
CO (.Q -""
'-. 0) 0
CO -""
o -. ....,
-",,0 CO
rr::JCl.
0" c
-""O)@
::r_
00-0
-+\00
-""0)-",,
::r-CO
CO (.Q ::J
-+\o~
o < Q)
....,co-
CO ...., CO
(.Q::Jx
Q. 3 -g
::J CO (J)
c.cac
(J) CO ....,
CO CO
~~O)
Ci);:::+:::J
3 '< Cl.
CO 3 0)
::J 0) 0<
-"" '< -.
Cl.
I
I
I
I
I
I
L
1","",,>-
I@ 3
\- CD
~"""';
10 o'
I en 11)
I Q.. ::l
C
Itt
10
I~-
"
.
:;a
~.
CD
n
......
-.
-""
::r
CO
~
CC
en
CD
-
CD
3
CD
~
......
IB!lUeplluo:) PU8 Ai8l5pdOJd I :JUI 'SUO!lnIOS :JyjEJl. UB:Jp8lU'V' moz@
.=
.
~-.-::JL-J
~en=h
=:COr-+
-~~
-S - co
co co
< 3 (j
co co 0
-S ~ C
r-+~-s
r-+ r-+ r-+
oene.
w ~ 0
-coCO
;::+ en
cO. a ::::J
w ::J'" 0
!::!:cor-+
g~~
-a oo.-a
o co a
en ::::J <
coco
-sr-+r-+
CO(j~
o co
::::J en
Q..co
c r-+
e.r-+
CO
~3
- CO
r-+::::J
::J'" r-+
co en
(j 0
W -s
en r-+
co ~
en CO
."':,..'.:,~
. '~1
, ~ L~)
c.~:.-:j
"
.
c.n"
)>g
","c
mu>
.....0
-<z
.
)>
::::J
'<
o
.......,
r-+
::J'"
CO
W
0-
o
<
CO
en
co
r-+ r-+
-S::J"'r-+
co CO CO
~ (j 3
o 0 CO
::::J C ::::J
W:::1-r-+
~3.g
- c!::!:
W en 0
r-+::J
::J ......., en
e. S.
W e. ~
e.r-+CO
CO ~ en
..eWc
C r-+
Q) r-+ .u.
r-+~CO
CO CO (j
. r-+
r-+
o
en (j
CO 0
~c
-s
r-+
CO
3 W
co-a
::::J-a
r-+ -s
en 0
W <
-s ~
CO -
.......,W
W ::J
-s e.
-
6/14/2011 Item 16.K.7.
~ \
,
I
I
I
I
I
I
L__
I~)>
liri 3
1- CD
::h...,
10 o'
I en ll>
12. :J
t:
I~
10
I~E
.
en W W -I
CO ::::J CO ~
~e.Ci3CO
CO W CO en
3e.3~
CO~COr-+
::::Jr-+::::JCO
r-+Or-+3
e.::::J~CO
o Q) ::::J
gr-+=rr-+
3~-aen
co3wen
::::J en -. C
r-+ ::::Jo-
W Or-+ !::!: ~.
!::!: I : CO
o 0- en (j
- r-+
::::J CO (j r-+
en 0 0
r-+C::J
~::JCO
CO en CO
e.9?.0
r-+
::J 0 --
e.::::J~
CO en 0
::::!"!C::::J
~_:g W
!:!:_::::J
<COe.
CO 3
CO
::::J
r-+
W
c
o
n
nt:'
03'
t:CD
-"... """l!
... ~'
:t>a
,,- .
" 0
.., ..::J
0-0)
<::J: .-
~ c..:
Packet Page -2053-
le!~uepguo:J pUB Nel~!JdoJd I :JUI 'SUO!~nIOS oY:leJ.l ueo!J~W'i o~m:Q)
l ---_
ID)
en"
:r>g
"'rIc
mVl
-iO
-<Z
. -~~ I
~~
-...; -
~.
~ 0)
o _
"""to-
CD 0)
)( :3
C',) 0
CD s::
CD ~
0.. """to-
S~
CD ::::::
"""to-o-
o CD
63'0-
-0)
~en
~ CD
0..0..
en 0
S~
CD S
OCD
o ~
s:: s::
~g.
0) CD
~ """
Q.~
~ -.
~
01~
0) s.
~g-
CD 0)
CD en
o~
:3 g-
O)
-~
" -...:
CD CD
0) 05
05 ::::
:::.:0..
0) C',)
0--
-0)
CD -.
:3
en
'"
0-
s::
"""to-
~ .
o
~()
:TO
CD C
CD :::::s
>< ~
~'<
(') CD n,
0) ;a. :5
o 0..
~;~
n-en
C"'O
0) 0)
- '<
~ 0
~:::::s
0..,<
.
CD-h(')()
0) CO)O
g.~35
~C/JC/J~
o 3 -.,<
~O)~O)
....,o......,:::::s
0.. CD 0 0..
en 0) "'0 >
CD<Q~
~ 0). !::!: en
--0
CDO):::::s"'O
30"~0)
CD CD 0'<
:::::s0"~<
r+ '< :T 0)
CD
0..
.
....,
CD
(C
0)
....,
0..
(') rn
0) C/J
3 ~
C/J ~
o
~
W
<
W
ci
~
:T()
~ CD 0
enCDC
>< :::::s
(') ~~
o CD'<
:::::s
:::::s ,..p (')
~
:::!. 0 0
0" -h:::::S
C < ~
!::!:Wrr
g 0.. S.
C/J (') rn
3 0).0
3 :::::s
~~'<
CD ~
o
<
o' 0" CD' ~
w w CD 1'''
~ en en VJ
o' CD "'0 ""0
:::::so..ww
en 0 -. '<
:::::s 0.. C/J
C ~ 0 W
"'O~""'o
~CDO;:R
01 ::Eo
-Efic-CDO
wCo..-h
~ '< ~ en
(ONOCD
- 0""<
(0 ~ ~ _.
~oen@
*
.
~
~(J)
o (')
::E 0
W :::::s
...., .-+
o..d
C/J c
CD .-+
,..pro
~cn
CD-Ef7
3 N
CD 0
:::::s co
~ -
o
o
o
.
~
en
""0 en
W CD
'<,..p
:::::s C;
(C en
-Efi _.
N'-+
oen
co -.
OW
00"
o rl=
'<
0"
'<
;o()
CD 0
< C
CD ;a.
:::::S'<
c"'O
CD W
~d5
"'Ow
~o
o 0
-EfiC>'
wo
W -h
-.I()
CJ10
-J:::o.C
~:::::s
*-<"
(') ()
0(')0
:::::s 0 C
~=:::::s
d~-<"
s. CD-g
o' _0.. '<
:::::s ...., en
C CD W
"'0 0.. 0
C ......0
~ (') 0.....
o CD 0
-Efio..-h
-J:::o.O"~
-J:::o.,< ~
_(O>w
-J:::o.~:::n
'een:::::s
-- -CD
* en
Packet Page -2054-
~ ()
o. 0
::::s C
:::::s
)>-<"
;0
CD
<
CD
:::::s
C -::-I
CD 0
r-+
-Efi0)
~
-
~"T1
N -.
CJ1 :J
~ CD
w CJ)
-.Ie)
o
~ CD
en C1
enr-+
CD CD
<. 0..
(')$
CD N
11 -
CD ~
CD CD
;o~
CD -
< 0)
CD ~
2 CJ1
CD
-Efi
~
()
o
C
:::::s
~
'<
o
""0
~
C/J
:::::s
o
.-+
~
o
en
CD
~
~
CD
le!~uepyuo:J PUE! AJe~9pdoJd I :lUI 'SUO!~nIOS :JillBJ.l UE:l!J8WV 0 LOG@
.
r
!::!:
~
:T
CD
()
o
C
:::::s
~
'<
(C ()
0)
!::!: W
o en
:::::s CD
(') CD
o :::::s
:::::s 0..
!::!: C/J
W
C/J
:::::s
C
CD
C/J
W
(C
W
:::::s
C/J
~
~
o
~
en
o
o
~
-.
o
::::s
OJ
o
~
-.
o
::::s
(")
6/14/2011 Item 16.K.7.
I
I
I
I
I
I
'--,
I ...; )>
1m 3
I:;; ~
10 o'
Icn~
I Q.. ::J
C
I~
10
I~-
!<
.
-
o
Q')
Q')
CJ1
o
(0
()
o
-
-
--
CD
.....,
()
g.
~
~
'<
.
.
.
6/14/2011 Item 16.K.7.
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
INTERSECTION SAFETY PROGRAM
SAP SUMMARY OF POSTED REVENUES AND EXPENDITURES AS OF JUNE 30, 2010
Summary 2009 2010 Total
Revenues $ (287,200) $ (1,853,500) $ (2,140,700)
Expenditures
Contractor $ 30,600 $ 790,400 $ 821,000
Special Magistrate $ $ 11,500 $ 11,500
General Admin $ $ 20,400 $ 20,400
Other $ $ 800 $ 800
$ 30,600 $ 823,100 $ 853,700
*Account Balance as of 6/30/10
$
(256,600) $ (1,030,400) $
(1,287,000)
ATS Invoices paid post 6/30/10
Final Balance after ATS invoices paid
$ 233,795
$ (1,053,205)
*Account balance of 6/30/10 does not include Mayor June ATS invoices paid after the period end in
the amount of $145,385.40 (May) and $88,409.50 (June) for a total of $233,795
Packet Page -2055-
6/14/2011 Item 16.K.7.
I-\genaa Item NO. 01-\
April 22, 2008
Page 1 of11
.
.
I
i
I
i..
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve the
Collier County Intersection Safety Ordinance to authorize use of unmanned
cameras at road intersections and to enforce Ordinance violations of vehicles
running red traffic lights.
OBJECTIVE: Recommendation that the Board of County Commissioners ("<Board") approve
the Collier County Intersection Safety Ordinance to authorize the use of unmanned cameras and
to enforce ordinance violations of vehicles running red lights at road intersection.c;.
CONSIDERATIONS: On July 25, 2007, the Board requested that the County Attorney's
Office work in cooperation with the Sheriffs Legal Office to draft and advertise an ordinance to
authorize the use ofUI1IIU1IlI1ed cameras at intersections throughout the County.
The Ordinance provides that the Sheriff's Office, or designee, will be responsible to issue the
Notices ofVioJation, and the Code Enforcement Department will be responsible for enforcement
of the Notices of Violation. Violations may be appealed to the Special Magistrate. The civil fine
for violation of this Ordinance is one-hundred twenty-five ($125.00) dollars.
Use of unmanned cameras at intersections is anticipated to be cost effective by reducing
manpower costs and reduce accidents at road intersections.
Staff requests Board direction to solicit bids for the installation and monitoring of the unmanned
camera systems_
FISCAL IMPACT: Unknown. However similar systems currently operating in other areas are
either self-supporting or are generating revenues after accounting for the costs to install the
unmanned camera systems.
GROWTH MANAGEMENT: Adoption of this proposed Ordinance will have no growth
management impact.
LEGAL CONSIDERATIONS: 1bis Ordinance has been reviewed and approved for fonn and
legal sufficiency by both the County Attorney's Office and the Sheriff's Legal Counsel.
RECOMMENDATION: That the Board of County Commissioners approve the Collier County
Intersection Safety Ordinance which has been duly advertised..
Prepared by:
Colleen M. Greene
Assistant County Attorney
Capt. Michael Hedberg
Collier County Sheriff's Office, Legal Advisor
Packet Page -2056-
.
.
.
6/14/2011 Item 16.K.7.
April 22-23, 2008
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously. Thank
you.
I don't see 12A back, so we need to move on to another item.
Item #8A
ORDINANCE 2008-22: APPROVAL OF THE COLLIER COUNTY
INTERSECTION SAFETY ORDINANCE AUTHORIZING THE
USE OF UNMANNED CAMERAS AT ROAD INTERSECTIONS
AND TO ENFORCE ORDINANCE VIOLATIONS OF VEHICLES
RUNNING RED TRAFFIC LIGHTS - ADOPTED W/CHANGES
MR. MUDD: Commissioner, that brings us to -- we can start on
this one, but I don't think we're going to get there before the two p.nl.
time certain, but it's 8A. It's a reconunendation that the Board of
County COrnrrllssioners approve the Collier County intersection safety
ordinance to authorize use of unmanned cameras at road intersections
and to enforce ordinance violations of vehicles running red traffic
lights.
MR. MUDD: I believe Undersheriff Rambosk is here, and Mr.
Tipton, Bob Tipton, is here, your director of traffic operations, can
also help.
MR. RAMBOSK: Good afternoon, Commission, Chairman.
In 2007, we came before you to look at how we could better
enforce red light violations in Collier COlUlty.
As we n1ade you aware, we had a very active and progressive
program and issued thousands of violations per year for violations of
red light running. '
As you also know, the state had been looking at the potential for
an oppoltunity to create state statute that would allow for installation
Page 128
Packet Page -2057-
6/14/2011 Item 16.K.7.
April 22-23, 2008
of detection cameras, more simply mown as red light cameras, to
assist ib. enforcement.
i
Ajnd we provided you that overview and made a request to work
together with your staff to bring back an ordinance that would allow
us, at ~ local level, to put an enforcement procedure in place, which is
what we've done.
l1he Collier County Sheriffs Office is currently and continuing to
work on a comprehensive approach to reduce red light violations, and
it real1fir is a combination of safety infonllation and public
partici~ation, engineering recommendations, and then enforcement by
the Cql1ier County Sheriffs Office as well as other law enforcement in
Collier County.
One of the elements that we believe will assist in our
I
enforqernent, and particularly for the purpose of reducing violations of
red light running, is that of the installation of unmanned canleras for
enfordement.
i
Ih the ordinance we are asking for your consideration in three
areas, I that the ordinance sets forth the ability for us to issue -- us
mean~ng the designee as the Collier County Sheriffs Office -- to issue
noticds of violation or violations of red light running.
two, that violations 111ay be appealed to a special master and
utilizing the same process that is used for parking citations currently in
Collidr County and that the civil fine for this violation be $125.
I
f simple review of what this would allow us to do is that we
would also ask, if approved, to prepare a request for proposal for the
instaliation of canleras, which would be brought back to you at
I
anoth~r meeting.
<pnce installed, the cameras would have a specific procedure, and
in ev~ry inci.dent, would be reviewed by a law enforcement officer to
ensur~ that a violation had been committed, that that Notice of
Viola~ioll would be provided to the owner of the vehicle, who would
be currently responsible for who was operating their vehicle, and that
Page 129
Packet Page -2058-
.
.
.
6/14/2011 Item 16.K.7.
April 22-23, 2008
there would be an appeal process much like there is in traffic court to
allow people who believe they were not involved in the running of
that light the opportunity to pursue that element.
It also allows for exemptions that can be petitioned to this appeal
process. With that said, I would ask that the County Attorney provide
you information on the specifics of the ordinance. We have our
attorney here as well, and really open it up to you for any questions
that you might have about the process, about the ordinance, and about
our role as law enforcenlent with regard to this request.
CHAIRMAN HENNING: For the record, that was Collier
County Undersheriff Kevin Ranlbosk.
You want to ask a question now or you want to wait for Colleen
Green to give the legal --
COMMISSIONER FIALA: Either way, either way.
CHAIRMAN HENNING: Go ahead.
MS. GREEN: Good afte~noon~ Commissioners. Colleen Green,
Assistant County Attorney.
We're here today to present this ordinance in conjunction with
the Coll~er County Sheriffs Office. The ordinance has been drafted.
As drafted, it is legally sufficient. It's been advertised, so it's ready to
be passed today.
There is one change to the ordinance that did not make the
change sheet that I would like to bring to your attention, and that is
under penalties.
COMMISSIONER HALAS: Page?
MS. GREEN: It's page 4 of 8, section 5, subsection B, under
appeal fees and costs.
The appeal fee was previously changed on the change sheet from
$150 to $250. Actually this needs to be rewritten to take out the
language that includes the appeal fee because the language that says,
plus all prosecutorial costs incurred by the county and/or the special
magistrate will encompass any necessary appeal fec. So the language
Page 130
Packet Page -2059-
6/14/2011 Item 16.K.7.
i
I
I
!
I
I
i
referri~g to the $50 appeal fee n1ust be deleted from the ordinance.
~his also appears in the last sentence of subsection 5B, and one
place ~ section 7E. But, again, the only thing we're changing is
striki~g the $50 appeal fee.
Are there any questions?
ctHAIRMAN HENNING: I have several questions, but I'm
going ito go to Commissioner Fiala.
COMMISSIONER FIALA: Great. My questions are for
Undeisheriff Rambosk. The first thing is on -- oh, gosh -- on page 3
of 8, qr 6 of 11, whichever way you want to look at it, under section 3,
item ~, and it talked about running a steady red traffic light. And the
drive~ of the vehicle shall not allow any portion, any portion of the
front-tTIost part of that vehicle to encroach over a vertical extension of
the n~arest part of the intersection, intersection line, crosswalk line, or
stop ~ere on red line. ,
lJow, that causes me some concern because I just drive a regular
vehic~e, not an SUV or anything that's very tall. And when I'm
neari*g a light and I've got a truck in front of me, I can't really see that
light -G.ntil he's gone through it. And if I find that it's red, I'm going to
stop, put probably the front part of my vehicle will be over the line in
somel way. So that means then I would get a ticket even though I
cou19n't see the light and I'm stopped.
MR. RAMBOSK: Commissioner, that's where the review by a
law e~1forcement officer really com,es into play. Where we see
something that would cause you, in that situation, to be yet over the
line ~ut have not entered or gone through the intersection, a Notice of
Vio14tion would not be issued.
~OMMISSIONER FIALA: Okay. The second thing, people
migh~ be concerned that they're going to get too close to the line and
they ~ouldn't even know that their bumper nught be over the line even
thou~h they're, you know, rolling to a stop without even having to be
told io do that.
I
I
I
I
i
I
I
I
April 22-23, 2008
Page 131
Packet Page -2060-
.
.
.
6/14/2011 Item 16.K.7.
April 22-23, 2008
So you see this all the time where people will stay way back from
the line then and, of course, then they don't trigger the light. That
could also cause a problem. I don't know what to do about it, but--
MR. RAMBOSK: Well, the failure to trigger the light would
require the vehicle to just move forward until it does.
COMMISSIONER FIALA: Right.
MR. RAMBOSK: Again -- again if the light were -- say the light
were to malfunction and a vehicle had waited a sufficiently safe period
of tinle, looked through the intersection, determined it was clear to
move forward as malfunctioning, that would have been recognized
and reviewed by the officer. And while technically a violation,
certainly that's where the judgnlent of observation would come in and,
there again, would not issue a Notice of Violation.
COMMISSIONER FIALA: Well, we have people actually now
not pulling up to the light. I've actually had, on occasion, and not just
once or twice, had to get out of Iny car and knock on their window and
say, would you please pull up to the light so you can trigger that thing
because you're sitting there waiting, and by the time you've gotten
through two lights and theire just sitting there wondering what
happened. So I was just concerned with that wording.
And the last question I have for you is, have we considered trying
one light, one major light, say, Airport and Pine Ridge, and just
activating a camera there to see what reactions we're going to have
and how it works before we put it in other intersections?
MR. RAMBOSK: Well, we certainly would like to select an
intersection or two. This ordinance would allow us to do that, and we
would review the results of that at the six-month mark and then at the
one-year mark to determine whether it's accomplishing what we
believe it will.
COMMISSIONER FIALA: And would you review it with us?
MR. RAMBOSK: Yes.
COMMISSIONER FIALA: Okay. Thank you.
Page 132
Packet Page -2061-
6/14/2011 Item 16.K.7.
i
I
ClHAIRMAN HENNING: Commissioner Halas?
I
qOMMISSIONER HALAS: Yes. I understand some of the
concerps that my fellow commissioner related to, but I can tell you
that fopr years ago red light running was very sporadic. Today it's
almost in epidemic proportions.
qOIvllv1ISSIONER FIALA: Right.
qOMMISSTONER HALAS: This morning, as an example, I was
travelirg eastbound on Pine Ridge and I had stopped to make a
right-nand turn to go southbound on Goodlette. The light for people
on westbound Pine Ridge had turned so that they could head
south~ound on Goodlette.
I
1jhe light changed in their direction. The light in my direction
going Isouthbound had turned green, and five cars went through that
light. lAnd it's getting to the point where, as long as the cars are
ma~g a left-hand turn, that traffic is moving, it's like, you're going to
wait for me because I'm coming through that light.
And I believe that an ordinance of this nature is something that
needs ita be addressed. And it's not only at that intersection. It's at
every Imajor intersection. And it's becoming, as I said earlier, an
epide~ic proportion.
C:OMMISSIONER FIALA: I agree.
I
q:HAIRMAN HENNING: Okay.
MR. RAMBOSK: And Mr. Halas, the simple element of the law
I
whicli is existing, which we sometin1es forget, is that a yellow signal
-- eveh if you look at a green signal. A green signal should be
appro~ched with and run through in a cautious manner. A yellow
signal let's us know that we need to be prepared to stop, and more
often at does the opposite of that. And certainly, a red light says that
we n~ed to stop before that stop line or that crosswalk.
~o it's really the simplicity of trying to gain compliance and
change driver behavior, but it really does require all the elements that
we'vd discussed in our future plan. This is but one of them.
I
I
I
I
I
I
i
I
I
I
i
I
i
i
April 22-23, 2008
Page 133
Packet Page -2062-
.
.
.
6/14/2011 Item 16.K.7.
April 22-23, 2008
CHAIRMAN HENNING: I have a question, several questions,
and then I'm going to go to Commissioner Coyle.
On the ordinance, page 4 of 8, section 5, paragraph A, or
parenthesis A, it goes down -~ well, it says, civil fee and appeals fee,
but it's $125 fee shall be assessed against the owner. Why doesn't that
say fine instead of fee? It almost seems like you're giving --
somebody pays $125, you give them a permit to run a red light.
MR. RAMBOSK: And I think that would be appropriately
answered by the attorney.
MS. GREEN: Commissioner Henning, it is a penalty for
violating the red light, and $125 is consistent with the statutory fine
assessed.
CHAIRMAN HENNING: Okay. But it says fee, not fine, and
it's throughout the whole docunlent. It says fee.
MS. GREEN: Certainly, Commissioner, we may relook at that
and see whether fine would be nlore appropriate. It is a penalty. It is
the charge assessed for rumling the red light.
CHAIRMAN HENNING: Is it a charge to run a red light or is it
a fine to run a red light?
MS. GREEN: It's the penalty. It's the fine.
CHAIRMAN HENNING: It's a fine. So is it appropriate to
change this to fine?
MS. GREEN: Yes. We could change it to fine.
CHAIRMAN HENNING: Throughout the whole document?
MS. GREEN: Where it refers to that $125 amount, yes, it could
be changed to fine.
CHAIRMAN HENNING: Now, let me ask my next question. Is
it the ability of the special master to apply civil fIDes?
MS. GREEN: Yes, it is.
CHAIRMAN HENNING: Okay.
MS. GREEN: This is within the jurisdiction of the special master
to enforce ordinances in the county.
Page 134
Packet Page -2063-
6/14/2011 Item 16.K.7.
Apri122-23, 2008
qHAIRMAN HENNING: Through a fme?
~S. GREEN: Yes.
qHAIRMAN HENNING: Civil fine?
MS. GREEN: Yes.
I
CHAIRMAN HENNING: 'The next question is, you corrected a
piece 9f the legislation eliminating $150 and eliminating plus all
prosequtorial costs?
N1S. GREEN: What was changed was to remove the amount of
the appeal fee. So if you're reading the sentence, it would read, the
vehicl~'s owner must pay the civil fine, and then strike, plus the $150
appeat fee, and continue reading, plus all prosecutorial costs incurred
by th~ county and/or special magistrate. That would include the actual
cost of bringing the appeal to the special magistrate.
ctHAIRMAN fIENNING: And if the special magistrate finds
that tHe prosecution has failed in its deliverance, would they still have
to pay that $50 fee?
I
~S. GREEN: No, Commissioner. We would be in compliance
with ~e way the ~ode enforcement challenges are brought before the
speci~l n1agistrate. And if the person appealing prevails, they would
not b~ awarded that fee.
ctHAIRMAN HENNING: Okay. In the exen1ption, can you
give tp a quasi-judicial judge the ability to enforce an ordinance that
gives iher the ability to make good-faith judgn1ents?
MS. GREEN: Commissioner Henning, I'lTI not sure if!
I
under~tand your question.
I
<CHAIRMAN HENNING: Well, here we have in H -- and if we
I
go to bxceptions.
MS. GREEN: Yes.
~HAIRMAN HENNING: It says in H that we -- if the appeal is
baseQ upon any other valid reasons for the vehicle owner to be -- in
good raith believe justifies the special master voiding (sic) the Notice
ofVi01ation or--
I
I
I
i
I Page 135
i
Packet Page -2064-
.
.
.
6/14/2011 Item 16.K.7.
Apri122-23,2008
MS. GREEN: Commissioner, this is the way that, for example,
parking violations are brought before the special master, special
magistrate, and she is able in this case to hear evidence and make a
determination. '
CHAIRMAN HENNING: Well, she has to base it upon the
board's ordinances, and the only question that I have is, the
exemptions, in my opinion, are not enough because there are other
circumstances that a person needs to violate this ordinance.
Like you and I discussed, there's an exemption in here for
enlergency vehicles not to n they can violate this ordinance because
they're going to an emergency. But if I'm in front of them, if I get out
of their way, that doesn't exempt me fronl this -- fronl this law.
MS. GREEN: Well, COlnmissioner Henning, I understand your
concern. And in fact, it's something that the undersheriff addressed
before. A law enforcement officer will watch these videos and make a
determination as to whether it is appropriate to issue the ticket. It
won't be automatically issued by this traffic control device. It will be
reviewed and evaluated by a law enforcenlent officer.
CHAIRMAN HENNING: Okay. rm done with my questions.
MS. GREEN: Thank you.
CHAIRMAN HENNING: Who else? Commissioner Coyle, I'nl
sorry.
COMMISSIONER COYLE: Yeah. We've been trying to do this
for six years now, and I'd like to thank Undersheriff Rambosk and the
sheriffs agency for helping us get this done. People told us we
couldn't do it when we first started out here, and we appear to be right
on the verge of doing it. So thank you very much for your help.
CHAIRMAN HENNING: The only problem that I have is, do
we have the legal ability to do it? Because remenlber when
Connnissioner Carter was a cOlnmissioner, it was one of our priorities
to get the legislators to give us the ability to do this, and nothing has
really changed in the statute.
Page 136
Packet Page -2065-
6/14/2011 Item 16.K.7.
April 22-23 , 2008
dOMMISSIONER COYLE: Well, I think -- I think the County
Attor~ey would advise us that, yes, we can do it in the form of a civil
penalty. So we're really making it a local violation collectable by the
Sheriffs Department but collected through a special magistrate so we
get th~ money rather than the state getting the money.
~o I think that there is good argument to do this. In fact, it's
being p.one in other counties in the State of Florida, isn't it?
MR. KLATZKOW: Yes, sir. This is not the fITst time this is
I
happening. Other communities are doing this. This is an extension of
the hdme rul e power.
.Am I going to tell you that if the Supreme Court of Florida
looke~ at this they would uphold it or deny it? I don't know. I think
they would uphold it. I would hope they would uphold it under the
home!rule powers.
MS. GREEN: And Commissioner Coyle, in answer to your
quest~on, there's several municipalities in the State of Florida that have
had tliis enacted since the year 2005. And just recently in March of
2008,: Hillsborough County is the very first county to enact an
ordin~nce substantially similar to the ordinance which we've presented
toda~.
COMMISSIONER COYLE: Okay. Good. And by the way, I
woul~ not nlind at all if you ticketed Commissioner Fiala for crossing
the c~osswalk and failing to stop. In fact, you should even ticket her
for g~tting out of her car and harassing the drivers in front of her.
MR. RAMBOSK: Well, I know that she would make sure that
cross~alk was cleared one way or the other, so she wouldn't be in
violation.
I
CHAIRMAN HENNING: Commissioner Coletta?
~OMMISSIONER COLETTP1.: You might be able to give
Commissioner Fiala a badge to wear?
~HAIRMAN HENNING: We have how nlany public speakers?
COMMISSIONER COLETTA: Oh, I do have one nlore issue.
I
I
I
! Page 137
I
I
I
! Packet Page -2066-
.
.
.
6/14/2011 Item 16.K.7.
April 22-23, 2008
I'm sorry. I had to lead off with a little humor.
CHAIRMAN HENNING: That's fme.
COMMISSIONER COLETTA: This is for the County Attorney,
Mr. Klatzkow. Suppose this becomes, what do you want to call it,
obnoxious in the way it's being handled and we have numerous
citizens' complaints, some of the issues that we brought up today? At
that point in time, could we bring a stop to this particular action and
address it --
1\1R. KLATZKOW: This is your ordinance.
COMMISSIONER COLETTA: -- readdress it?
MR. KLATZKOW: This is your ordinance. You can change it
at your leisure, at your pleasure.
COMMISSIONER COLETTA: Thank you, sir.
MR. RAMBOSK: And, Commissioner, that's exactly why I
believe it is. very important that we return to you and provide
information specifically on how its operation is affecting driving
habits and any other issues, or not, that we might find, and come and
make recommendations to you.
COMMISSIONER COLETTA: Just one other question, sir.
When these are activated, is it going to be a short period of warning
period, or is it just automatically going to go into the fine mode?
MR. RAMBOSK: No. There is a period, a 60-day period of
notice. What we would prefer to do, again, is we are rolling together,
along with this, a conlprehensive red light effort, and the first part of
that effort is public information and education well in advance of what
welre seeking at this time.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN HENNING: Okay. Commissioner Fiala, then we
go to the public speakers.
COMMISSIONER FIALA: Very good. Just a sinlple one. Ifwe
approve this today, when do we get these things operational?
MR. RAMBOSK: We would have to come back to you with an
Page 138
Packet Page -2067-
6/14/2011 Item 16.K.7.
April 22-23, 2008
i
I
RFP, ,\nd it would have to go through the RFP process, so we're still
several months out before returning to you with that element.
dOMMISSIONER FIALA: Okay, thank you.
I
MS. FILSON: Mr. Chairman, \ve have three speakers. Mr.
Victo~ Ortino. He'll be followed by Ed Kant.
MR. ORTINO: Good afternoon, Commissioners. My name is
Victo~ artino, and as a sheriff candidate for this upcoming election, I
feel compelled to express my opinion on this matter.
1}1 a debate on April 7, 2008 in this same roonl under the
repres~ntation of the Collier Republican Executive Committee, of
whic~ most of you attended, this topic arose. I responded at that time
stating T was generally against having red light cameras because of the
big brpther approach to law enforcement but that I would have to
conduct some research on this matter so that I would be better
infonv-ed to Inake a more proper decision.
After that meeting I was contacted by a nUlnber of citizens who
expreSsed their concerns and was told that other states are now
I
banni~g red bght calneras due to safety issues.
Then I read Mark Strain's article in the April 18th issue of the
Colli~r County Citizen of which you may have read. According to
this atticle, two major studies, a 57-n10nth study of the Urban Transit
InstitUte of North Carolina, and a 72-month study by the Virginia
Transportation Research Council both stated that traffic accidents
were increased up to 50 percent due to the cameras.
I
] did a little more homework and found that researchers in
Flori4a conducted vigorous and rigorous studies that clearly show that
red light cameras do not work.
..f\ report released last n10nth by USF, University of South
Flori4a, College of Public Health, further stated that improving
motorist safety, red light cameras significantly increased crashes and
are h~gher -- or ticket a higher insurance premium,.
In addition, Governor Crist and the Florida Department of
I
Page 139
Packet Page -2068-
.
.
.
6/14/2011 Item 16.K.7.
April 22-23, 2008
Transportation do not allow red light cameras as enforcement tools on
state highway systems, so that would include any intersection with
U.S. 41.
Further research found that last year Minnesota Supreme Court
delivered a unanimous decision striking down the legality of red light
cameras stating this program -- this program offered the accused fewer
due process protections and created a new type of crime: Owner
liability for red light via lations.
As a legal investigator I can foresee the potential for lawsuits
against the county due to this knowledge.
Please note that I am strongly against red light runners and I feel
that the Sheriffs Office should do everything within its powers to
prevent red light violation; however, it is very clear and evident that
the use of a red light camera system would be in place solely as a
revenue-generating tool and is not in the best interest of the safety of
Collier County citizens; therefore, I'm asking you not to support a
county ordinance in favor of using the red light camera system.
Respectively subn1itted, and I have copies, please.
MS. FILSON: The next speaker is Ed Kant. He'll be followed by
John Mincigly (sic).
MR. KANT: Good afternoon, Commissioners, Mr. Rambosk.
As I'm looking around the room, I think with the exception of
Mr. Tipton, I'm probably the only one in here who can say I'm a little
bit of an expert on this subject, and I say that with -- very lightly,
because I don't consider nlyself much of an expert on anything these
days.
I had written to you, and I would like to repeat some of the things
which I had written now for the public consumption, in an email over
the weekend. Basically I'nl concerned with the proposed ordinance,
and I'm not sure you've received good advice, technical or legal, with
the practicality of implementing this proposal. But I'm not an
attorney, so I'm not going to discuss the legal implications.
Page 140
Packet Page -2069-
6/14/2011 Item 16.K.7.
April 22M23, 2008
~ne of the things that you have to be aware of and that the public ·
needs to be aware of is that all traffic control devices must be vetted
I
by thel FDOT and must be put on the approved products list.
I1ve had a number of conversations since I found out about this
I
propo~al with FDOT central office in Tallahassee, and they had
nothirig now approved that would be permissible to be placed within
the st*te or local highway system within the right-of-way.
Their -- these devices called traffic infraction detectors, is the
technical term -- and it Inay be clever or innovative to call a proposed
ordin*,nce a civil infraction enforceable by the Code Enforcement
I
Boarq or some other such board via a citation from the sheriff.
The fact remains that the equipment must be placed such that it
TI1ay ~e within the public right-of-way if it is to function effectively.
If so, ithe equipment and the pol es upon which it is mounted must be
placed outside the clear zone. The clear zone's a technical expression
whic~ is further defined in the Manual of Uniform Minimum
Standards and the Florida Plans Preparation Manual. And the .
potential costs and possible technical issues that may be encountered
have rot been investigated, as far as I'm able to tell.
J know that according to what I hear fronl Mr. Rambosk, they
have italked with some manufacturers and that they have -- to prepare
a proposal, but we don't know what that proposal's going to be saying
or w~at they're going to be proposing.
~d as Mr. Ortino pointed out and saved me the time of doing so,
therelwas a recent study in North Carolina and in Virginia that
ques~ioned the efficacy of these devices.
iI want to be clear, I am not either a proponent or an opponent of
thes~ devices. In my work as an adjunct professor at the University of
Florip.a in safety education, we look at these things, and our emphasis
is onl education. And I want to get to that point in one second.
IMy concenl is that I don't believe -- may I ask your indulgence,
please, for another minute or so.
Page 141
Packet Page -2070-
6/14/2011 Item 16.K.7.
.
Apri122-23,2008
CHAIRMAN HENNING: If you could wrap it up, I'd appreciate
it.
MR. KANT: I will. My concern is that I don't believe this
proposal has been well thought out nor has it reviewed -- has it
received adequate technical analysis, and apparently has not received
any public review prior to this lneeting.
If the proposal's meant to be a revenue source for the county,
that's sad. This technology, when properly applied, may yet prove to
be a way to improve the safe operation of the highway network but it
should not be looked upon as any type of a cash cow.
There are currently two bills in the Florida legislature, House Bill
351 and Senate Bill 816, and this is probably as close as the legislature
has ever gotten in the last 10 years to getting a bill like this through.
And if they do, a lot of what we might be doing down here is going to
become moot.
CHAIRMAN HENNING: Thank you, Mr. Kant.
MR. KANT: Thank you.
MS. FILSON: The next speaker is John Mincigi (sic).
MR. MINCIELI: Mincieli.
MS. FILSON: Mincieli.
MR. MINCIELl: Hi, thank you. I'm John Mincieli at 4188
Skyway Drive. Thank you for hearing me.
I "'QuId like to, first of all, agree with Mr. Ortino, first of all.
And next thing -- frrst I would like to say, as a lifelong resident, this
whole camera idea is a big step in a big-brother agenda. Another way
to extract even more money from the people.
This is being presented to you as a way to generate revenue. It
was not presented in the name ofpublic safety, sin1ply because the
statistics show that once these systems are installed in an intersection,
there's a big increase in the alnount of accidents, particularly rear-end
accidents, from premature breaking due to paranoia of being ticketed.
These accidents often lead to serious injury or death.
.
.
Page 142
Packet Page -2071-
6/14/2011 Item 16.K.7.
Apri122-23,2008
Nbxt, our rights and freedoms are being taken away as we speak.
Go to ~r talk to anyone from England -- and I don't mean their police
department, government, or media, I mean the people. You'll fmd that
these c~meras that they have installed over there are only the fITst step
in a 24V7 surveillance and the people do not like that.
S~e, when it's eventually reported that these cameras are doing
such a1goodjob and there are no more red light runners, let's add some
more rp,onitors to speed the traffic -- you know, to -- for speeders or
other ttaffic habits.
I
aventually, the result is 24/7 surveillance. Sound like freedom?
Amst~rdam had this system and eliminated it, along with what else
you h~ard before.
I iam a law abiding citizen, and I abide by the laws because I
choos~ to, which gives me my sense of freedom. Remember when tbe
seat b~1t law was presented? Now I'm an avid believer and a wearer
of seat belts and I have been before the law was ever introduced. I
I
firml~ believe in them.
But remember when it was presented? It was not going to be a
primary reason to pull you over, so we bought it. And what I mean by
that i~ we said that you could -- you know, if they pulled you over for
speedmg or whatever the other infraction is and they found that you
wereq't wearing a safety belt, we could ticket you for that.
Twe~ty-some-odd years later, it's click it or ticket.
$0 I don't wear seat belts because it's the law. I wear them
i
becatise I believe it's a good idea. I dontt need law enforcement to tell
me tq do so. The point is, you see how our freedoms are slowly being
takenl away? We're handed one thing under one guise and then, you
know!, years later it gets shifted, and that is nlY concern.
rhe law in this country -- the laws in this country were placed as
a guideline. I don't know of one perfect driver, including myself.
Hecld, just last \veek I went to change lanes and almost cut someone
off. 1 was so shaken up by the realization that son leone could have
I
i
Page 143
Packet Page -2072-
.
.
.
6/14/2011 Item 16.K.7.
Apri122-23,2008
been hurt, I was shaking. I waved and immediately apologized to the
driver.
Believe me, I Ieamed a lesson. I didn't need a camera or ticket to
learn it. I even watch many deputies make mistakes in their driving.
But when you add cameras to the equation, you get a ticket every ,
time, no freedom.
As taxpayers, we are taxed on our income, our gas, sales tax, my
house, and ,property. We don't need the sheriff also covertly
extracting money from us. Whatever happened to public service or
serve and protect? All I see is them looking at a way to extract more
money for us.
I have like three nlore lines.
And for the budget that -- and it creates an us-and-them
mentality, which is a mentality that serves no one.
The Sheriffs Department needs to cut spending instead of trying
to figure out ways to spend more dollars. This is a big step in the
wrong direction. We need less government, not more.
As my representative in this matter, nleaning you, the county
commission, I strongly urge you to vote no to any cameras anytime.
Thank you.
CHAIRMAN HENNING: Thank you.
COMMISSIONER FIALA: Now, may I just set the record
straight?
CHAIRMAN HENNING: You may.
COMMISSIONER FIALA: Great. Just--
CHAIRMAN HENNING: You don't -- you stop before the stop
bar, is that what it is?
COMMISSIONER FIALA: Just to set the record straight. This
wasn't activated by the sheriff's office. This ,vas activated on this
commission years ago when the first -- I think it was the father and
son who were killed by the red light runner, and we were -- we just
felt something finally needed to be done.
Page 144
Packet Page -2073-
6/14/2011 Item 16.K.7.
Apri122-23,2008
,
SQ we started checking into this to see -- and then we were told
that Tallahassee probably wouldn't go along with this. It had nothing
to do v{ith money.
Then when the mother -- the pregnant mom was killed by a red
I
light runner, again, we spoke of this. Never, ever, ever has it been
motiva~ed by money. It's always been motivated by the safety of our
residerits. We're trying to save lives. That's all. And nobody has to
pay a buck if they don't run a red light.
C~RMAN HENNING: Before I go to Commissioner Halas,
the discussion -- did I miss you?
COMMISSIONER COLETTA: Yeah, you did, a couple times,
but that's all right.
CHAIRMAN HENNING: Oh, well go ahead, please.
qOMMISSIONER COLETTA: No, go ahead. Finish your
I
sentence.
dHAIRMAN HENNING: No, go ahead.
qOMMISSIONER COLETTA: Okay, thank you.
I'~l be honest with you, I took a few minutes to do a little bit of
resear~h on the Internet, and I can't fmd anything that does not say that
they d~ not cause accidents. Every article that I'm COIning across
indicates that there's been an increase in accidents due to the red light
!
cameras.
I
liow, I'm more than willing to put this off for a week to be able
to get more research done, possibly you may wish to do the same. But
I find ~t very disturbing. Normally you find conflicts within the
Intem~t one way or the other. In other words, some that in favor of
sometp.ing and some that are opposed to it. In this case, everything
that I'tre seen -- and I've been through like 60-some different articles --
are all saying the san1e thing, that they are causing accidents.
Kno~ing what I know without 1TIOre tin1e to be able to research it or
maybe have staff look into it, I don't know if I can support this.
f" RAMBOSK: Mr. Chairman?
I
I
I
i
I
!
I
Page 145
Packet Page -2074-
.
.
.
6/14/2011 Item 16.K.7.
Apri122-23,2008
CHAIRMAN HENNING: Are you done?
COMMISSIONER COLETTA: Yes.
CHAIRMAN HENNING: I want to -- I had a discussion with
the County Manager's Office -- or the County Manager, and he said
for two years each traffic intersection is going to generate a million
dollars to the Board of County Commissioners, so I really question
what this ordinance is all about.
Commissioner Halas?
COMMISSIONER HALAS: Well, if people obey the stop lights,
the traffic laws here -- and this isn't just a problem here in Collier
County. This is statewide -- we're not going to generate any income,
and that's what the main reason is.
When the light turns green and people are still running through
that light that -- on their side -- remember, now, there was an amber
light and then it turned red, and then in my direction it's turned green
and five and six cars go through that intersection, that's what I'm
concerned about.
And I just -- I don't believe that it's going to generate that many
more accidents. If anything, that tells me that people are in too much
of a hurry to pay attention to what's going on in front of them.
CHAIRMAN l-IENNING: COlnmissioner Coyle?
COMMISSIONER COYLE: Yeah. I really think that you have
to be realistic about these studies. I can get a study that will show just
about any conclusion I want to get.
These studies are absolutely worthless unless they are controlled
and they also have a study at the same intersection at the same -- over
the same period of time with the same traffic volumes and a
calculation of the number efred light running accidents that were
caused.
I don't think they have any of this information. I think:, you
know, you just look -- follow the money, and 1 think you'll find out
why the state is trying to discourage us, why FDOT is trying to
Page 146
Packet Page -2075-
6/14/2011 Item 16.K.7.
i
!
discourage us; other people are trying to discourage us because they
want tf.1e money.
)f ou see, if we collect it here, it doesn't go to Tallahassee, so
everyqody wants to discourage you from doing something like this.
And nbt a one of them, to the best of my knowledge, has produced a
study that shows the effect upon red light running and red light
runni.qg caused accidents and the severity of those accidents.
there's absolutely no reason why any safe driver should have a
problem if someone suddenly stops at a red light. You're supposed to
maint~in an appropriate distance behind vehicles so that you can stop
at the 'speed at which you're going.
If people are having accidents, they're violating the safe driving
habits:. And the only way you're going to teach thenl is to do this.
This i$ the worst community I have ever seen in my entire life as far as
red lid-ht running and stop sign running is concerned.
And I've said this before. I have lived in 11 states and 22 cities in
I
the U*ited States alone, and I have never seen anything like what
we'vel got here in Collier County.
We either have the worst drivers or we have people who just
don't care. And the only way you're going to get their attention is to
hit thJm with a fine, and I wish we could do a $500 fine for it, and I
think t- I'm fully behind you, and I think this program will payoff in
lives ~aved and accidents prevented.
CHAIRMAN HENNING: Mr. Rambosk?
I
MR. RA11BOSK: Mr. Chairman, just a couple of points. The
first thing is with regard to dollars generated. As you all know -- and I
want to make sure that the public knows -- the Collier County Sheriffs
Offic~ does not receive any dollars from state statutes other than a $2
c01TI11!1unications fee, nor would they receive it here. That is not our
inten~. Our intent is to change driving behavior with this as only one
of nl~ny things, including a commihnent that we're going to be asking
from the public to abide by the existing law. We1re not talking about
!
April 22-23, 2008
Page 147
I
i
I
i
I
,
-- ,
,
Packet Page -2076-
.
.
.
6/14/2011 Item 16.K.7.
April 22-23, 2008
generating something new. We're talking about enforcing a law that is
existing on the books today.
There are a number of studies that are available, Mr. Coyle
appropriately revieweq the questions amongst them. We've been told
that the University of South Florida study is a comprehensive study. I
would vehemently disagree with that. It was excerpts out of other
reports. So you've got to be very cautious about what the study relates
to, whether it is the same intersection, the same type of intersection.
And I will tell you that the studies don't do that. So that is a dilemma.
Is there the potential for increased rear-end accidents? Rear-end
accidents in Collier County are our number one problen1. But, again,
you lTIUst always have your vehicle under control with the ability to
stop even in an emergency condition. So, again, all we're asking for is
that people abide by the existing law.
There is, from the Insurance Institute, there is, with the initiation
of a progran1 such as this, the potential for an increase of rear-end
accidents up to I? percent, but the longer-term result -- once you've
changed the driving behavior, the long-term results are a reduction of
accidents.
So, one last thing. The Virginia study, which has stated that
they're not in favor of this. I'd like to read you the recommendation
from their report, their final recommendation. Because they appear to
meet three tests, technical, fiscal, and operational feasibility, and
because they show some indication of improving safety, photo red
programs in Virginia should continue, and they make several
reconunendations.
The first is, to continue red light progran1s in Virginia. These
programs have the potential to improve safety in the State of Virginia.
So while there are some initial negatives, what they're saying is
that the long-terrn effects will ultimately become safer drivers. And I
agree with the gentleman that spoke and said, you know, we as drivers
not only have the responsibility, but we should not violate the law, and
Page 148
..______ Packet Page -2077-..
- --.
6/14/2011 Item 16.K.7.
April 22-23, 2008
,
sometimes we do. We make a mistake. That's going to happen. But
with t~is particular issue in Collier County, there are too many people
that a~e involved in deliberately proceeding through a red signal, and
that is !what we're trying to stop.
So with that information in mind and the fact that we've got to
come ~ack before you with a proposal on how a caInera would \vork,
where; it would be located and ensure to you that it would be in
compl;iance with the law, we ask your consideration in approving this
today.1
(tHAIRMAN HENNING: Okay. Entertain a motion?
ctOMMISSIONER COYLE: Motion to approve.
COMMISSIONER HALAS: Second.
I
CCHAIRMAN HENNING: Motion by Commissioner Coyle,
secon~ by Comnlissioner Halas to approve the ordinance.
I}ny discussion?
(N"o response.)
qHAIRMAN HENNING: All in favor of the motion, signify by
saYIng aye.
cpOMMISSIONER COYLE: Aye.
GOMMISSIONER HALAS: Aye.
~OMMISSIONER FIALA: Aye.
ctHAIRMAN HENNING: Any opposed?
I
~o response.)
~OMMISSIONER COLETTA: Aye.
(fOMMISSIONER HENNING: Aye.
<tHAIRMAN HENNING: And the motion carries 3-2;
Comrtnssioner Coletta and Commissioner Henning dissenting in the
motion.
$0 we need a break before we go to our time certain?
M:r. Fox?
<pOMMISSIONER COYLE: She says yes.
<CHAIRMAN HENNING: I don't see Mr. Fox. Let's take a.
I
Page 149
i
I
i
. i
Packet Page -2078- .. ._.~_
.
.
.
6/14/2011 Item 16.K.7.
September 29, 2009
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COWv1ISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed?
COWv1ISSIONER HENNING: Aye.
CHAIRMAN FIALA: 4-1.
Okay. Now we move on to the time certain oftbree o'clock.
l\1R. OCBS : Yes, ma'am.
CHAIRMAN" FIALA: It's only 50 minutes late.
Item #1 OF
A PRESENT A TION TO THE BOARD OF COUNTY
COMMISSIONERS REGARDING THE COLLIER COUNTY
INTERSECTION SAFETY ORDINANCE CORD. 2008-22) AND
RESULTANT USE OF RED LIGHT RUNNING CAMERAS FOR
ENFORCEMENT. PRESENTATION MADE BY BCC STAFF
FROM THE TRAFFIC OPERATIONS DEPARTMENT AND THE
COLLIER COUNTY SHERIFF'S OFFICE - MOTION FOR
COUNTY ATTORNEY TO BRING BACK A PROPOSED
AMENDMENT TO ORDINANCE WHICH INCLUDES A TIERED
PAYMENT SYSTEM - APPROVED
MR. OCHS: That's a presentation to the Board of County
Commissioners regarding the Collier County intersection safety
ordinance, ordinance number 2008-22, and resultant use of red light
running cameras for enforcement. Presentation--
CHAIRMAN FIALA: And we have nine speakers here.
MR.OCHS: Okay. This presentation will be made by Bec staff
Page 170
Packet Page -2079-
6/14/2011 Item 16.K.7.
September 29, 2009
from t!1e traffic operations department and the Collier County Sheriffs
Office. :
Mr. Tipton will begin the presentation.
MR. TIPTON: Good afternoon, Commissioners. For the record,
Bob Tipton, director of traffic operations.
It'~ been accepted that we've had a red light running problem in
Collier; County for some time. Previous efforts to diminish the red
light ~ing in Collier County has been performed through the use of
the -- what we call the three E's by the county staff, the school district
staff, tljle Sheriffs personnel and such.
T~ose E's are education, being public awareness, working with
the citi~ens and the school groups; engineering, with signal timing,
roadway geometry improvements, changes in signing and marking;
and in ~he enforcement arena with the concentrated enforcement
detailslby the Sheriffs Office.
IIi the education realm we have public service announcements
I
that we've put out, we have community traffic safety teams that work
with the community to try to -- one of the issues is the red light
running that they work well V\'ith.
We have driver's education classes both through the schools with
the high school students, the insurance companies. The National
High~ay Institute for Safety puts on the classes for the over-55
drivers. They all stress the stopping on red and the importance of this.
We have local proclamations to try to bring the awareness to the
people. National Stop on Red Week. Even today the commission
passe~ a proclamation for Walk to School Day, trying to make people
aware Ithat there are children out there crossing the streets, to please
drive safely. Also there was a proclamation today for Put the Brakes
I
on FatFilities Day, to try to bring down the number of fatalities within
the copnty.
On the engineering part we began right offby setting all of the
yellow clearance intervals to the industry safety standards. These are
! .
Page 171
Packet Page -2080-
.
.
.
6/14/2011 Item 16.K.7.
September 29,2009
put out by the International Institute for the Traffic Engineering.
It's a long formula that you figure. It's basically based on the
speed of the vehicles approaching an intersection, and it boils down to
approximately one second of yellow per each 10 mile per hour that the
vehicle is traveling.
This includes the time for the perception that the light is
changing, the time to react to it, to make the decision, do I have time
to go through it, should I stop, and then if the decision is made to stop,
to make -- bring the vehicle to a safe and non-panic-situation stop.
I will tell you that most of the traffic signals on the arterials in
Collier County, they're 45 miles per hour. There's about
four-and-a-half seconds of yellow as you're approaching that on the
through. If you're on the side streets, sometimes those are like 25
miles per hour. But there is a three-second minimum that can be
programmed into a traffic signal controller. It will not go below that.
If you try to go below that, it will either give you a default three
seconds or an error entry.
So anytime you're approaching, you see the yellow, you have a
three-second minimum if you're in a slow area. If you're going faster,
it goes all the way up to five-and-a-half and six seconds out on the --
U.S. 41 at some of those intersections.
The increased capacity we have tried to attain at the intersections
so that traffic can move through on one cycle. We have a lot of lefts,
a lot of rights. By doubling the number of lanes that are used for those
turns, we can get more people through, there's less incentive to run the
traffic signal. We've even got the triple lefts that we're starting to
install in some of the bigger intersections now.
And then we also have a constant ongoing signal retiming
program. This is designed to reduce the stops on the main line and to
reduce the delay for the drivers on the side street. Once again, to
delete the incentive to run a red right to make it better for them.
Today there was an agenda item on consent agenda. It's a joint
Page 172
Packet Page -2081-
6/14/2011 Item 16.K.7.
i
i
I
projectlwith the FDQT to retime every signal on the state roads within
CollieriCounty. That's going to be done within the next year. We also
have --I I just finished one on some of the arterials in the county, and
this wiJ;1ter we'll be using federal stimulus funding to approach the
retiming of intersections on the northern roads that were just recently
rebuiltJ Immokalee, Vanderbilt Drive, and such.
A~d enforcement. They've done a number of things, but of note
is, the~ will go out and do weeklong enforcement programs during the
Stop o~ Red Week. They will go out to high concentration areas
where ~here is -- they know there to be "a lot of violations, they will
I
concetitrate on those areas with a massive approach, and they
coordinate with the national campaigns to take advantage of that so
I
that it's a national awareness of such.
I
E~en with these measures, there was a need identified to provide
better ~nforcement efforts and more efficiently, because as we all
I
know, I every section of government now has diminishing resources.
We're ~ry'ing to do more with less. The best option was identified as
being the use of photo enforcement.
~he proposed ordinance was prepared by the County Attorney's
Offic~ and the Collier County Sheriffs Office. It was brought to the
Boardl of County Commissioners on April 22nd and approved by the
board.1
the lntersection Safety Ordinance, is the exact title of it, covers a
numb~r of things. It created a county ordinance against red light
runni~g similar to the state law, and it defined violations to be the
same ?s used in the state statutes. The Florida Statutes define what
has tol be done at a red light. We use the same terminology in that.
~pprove the use of camera enforcement with each violation
I
being!reviewed by a law enforcement officer from the Sheriffs Office.
The v~olations are sent to the owner of the vehicle because we are not
trackihg the driver. We have no way of knowing who's driving their
car, bpt as the owner of the car, they are responsible for the actions of
I
I
September 29, 2009
Page 173
_ Packet Page -2082-
.
.
.
6/14/2011 Item 16.K.7.
September 29, 2009
that car as far as Code Enforcement is allowed, the same as if they
were parking in a handicap zone or parking in a no parking zone such
as that.
It provided for a $125 fine for each violation, which is the same
as the state statute if they were to get a ticket for violation of a state
law. And it provides for an appeals process if they feel that it's -- that
they should not have this violation against them, they can go through
the enforcement of the special magistrates hearings. There is a charge
for that if they were to lose a case. If they win their case, then both
the violation and the charge for the magistrate's office is dispensed.
The traffic control signal devices as listed in Florida Statutes
Chapter 316 pretty well says it rather simply, but the first line and a
half says it all. Vehicular traffic facing a steady red signal shall stop
before entering the crosswalk on the near side of the intersection.
The photo enforcement program, the request for proposals for the
equipment and citation processing services, was issued by -- on
September 26th, 2008 with traffic operations being the department in
charge of procuring the services.
Six vendors submitted proposals, and the selection one was won
by the American Traffic Solutions, which is commonly referred to as
ATS. A contract came to the board, was approved, and was signed on
February 10, 2009. The first camera was installed and placed into use
on April 1, 2009, which started a 60-day mandatory warning-only
phase, which was required by the ordinance. The first citation was
actually issued on the 61 st day, which was May 31, 2009. .
Contract calls for 12 cameras to be installed in the first year. Ten
cameras currently are in use. Two cameras are erected on polls
waiting for FPL power connection, and there are 12 additional
cameras to be installed during the second year. And when we say
cameras, we mean an approach. If we were to put a camera on every
approach at each intersection, that would be four cameras per
intersection.
Page 174
Packet Page -2083-
6/14/2011 Item 16.K.7.
September 29,2009
During -- these are the violations to date. During the 60-day
warning period, signs were installed throughout the county at every
entran4e, even getting off the interstate notifying people that Collier
CountY is a photo enforcement area.
They were also installed at the locations where the cameras are
so that: even if you didn't see those signs approaching the intersection,
you w~ll see a sign that it is photo enforced. The implementation was
certainly well covered by all of the media.
As of to date -- well, in April and May the warnings were issued,
starting in June we had two cameras working in June and July. You
can se~ from June to July we dropped 100 citations per month there.
In August we brought an additional seven cameras online, and it
jumpe~ considerably. And then in September, now we have ten
camer~s, and even though we've added another camera since last
I
mont~, it's gone down to about half of what it was last month. Total
citatiors for the year, 5,676.
400k at the citations issued by location, it's interesting because
you c~n see how at each location it starts out at one number. Some
large numbers, some smaller, but decreases as you go through the
,
year. IWe expect this trend to continue. Of course, if it were a perfect
world~ they would all go away. But we think that they will diminish
considerably.
r out 11 also notice that there's a high number at several locations,
and tHese high numbers of violations are from the right turn on red
movetnent at the location.
the Florida Drivers' Manual, which is handed out in the schools
during drivers ed. and also at the driver's license offices when people
comelto get a license, these are the booklets they are given to study.
And ir you look under section 4.1, traffic signals, it explains how
traffi4 signals work in the State of Florida by Florida law. I've taken
the 1 i~erty to highlight in red a couple of sentences here. One is easily
unde~stood. Stop on a stop line if your car is nearest the signal. And
I
I
I
I
j-
Page 175
Packet Page -2084-
.
.
.
.
.
.
6/14/2011 Item 16.K.7.
September 29, 2009
in the second section it says, at most intersections, after stopping, you
may turn right on red if the way is clear.
Apparently many people fail to understand the importance of this
part of stopping before turning right, apparent by the large number of
violations that are being received at these intersections. But it's
important for people to understand that when you're approaching an
intersection, even if you're making a right turn, if you have a red
signal, there are at least five other movements within that intersection
that are in conflict with you, that at least one of them is sure to have
the right-of-way.
If you pull into the crosswalk -- I don't know if that shows up --
the crosswalk here, you're going to have possibly pedestrians,
bicyclists coming from the left, and may not even be visible if there
are cars and trucks in these other lanes. If you're up here moving, you
may not see them in time. You will have pedestrians stepping off the
curb often or bicycles coming off here.
These are in direct path, and they have the right-of-way. If you
have the red, you do not have the right-of-way.
Even after clearing the crosswalk, then you have the three
vehicular movelnents. You have, of course, people coming from the
left. That's where most people look. They look to the left to see if
there's a car coming, and that's it. But you may have traffic coming
from across the street making the left turn. And quite often, now that
we are using the U-Turn more in this county because of access
management, you'll have a U-Turn movement coming at you there.
And I think everyone has experienced making a U-Turn and having
someone making a right on red interfere with their turn.
Now, when you come up to, you've got five movements there
that's in a field of about 180 degrees. And if you're moving, especially
10, 15 miles an hour through there, it is not possible to safely swivel
your head back and forth and check all five of those movements the
way that you should be. That's why you need to stop, then check,
Page 176
Packet Page -2085-
6/14/2011 Item 16.K.7.
September 29, 2009
make sure those movements are clear, and then proceed.
Sqme people would ask us to have a yield condition. And this is
why yo~ can't do that. You can't do -- you can't make those checks
while ybu're moving. 'We do have yield conditions at some of the
newer intersections. One of the best examples I can think of is Santa
Barbara Boulevard at Golden Gate Parkway. All four right-turn lanes
are a yjeld condition, but it's a special geometry that's set up at the
interse~tion so that when you're in the right turn lane and you're
approaching, youlre looking at this crosswalk, you can see these
people~ If they're in the crosswalk, you know they're there and you
can yield to them. youtre not going to have anyone coming out from
somep~ace where you can't see.
Tflen once you make the turn, you're in the merge lane, and
you've I got people on your left. You're not 180 degree anymore, and
you car merge in using either your left turn mirror -- I mean your left
mirror lor just looking over your shoulder. Makes a much safer
condition, and that's why we allow the yield condition at those
interseptions.
Al few red light running crash statistics. In 2007 in Collier
CountY there were 132 red light running crashes. Forty-three of those
involv~ng a right turn on red, or roughly one-third of the instances.
1* the three years that we went through our records, 2006, '07,
and '0$ in Collier County, there were 142 crashes involving a right
turn o~ red; 29 of those were bicycle/pedestrian crashes. Four
pedes~rians, 25 bicycles were hit by red-light runners making the right
turn on red resulting in 19 injuries. A pedestrian or a bicyclist has no
chanc~ against a car.
lhen there were also 113 vehicular crashes caused by right turn
on re~ runners, resulting in five injuries and, amazing, almost half a
millioh dollars in property damage from that maneuver.
I .
1'0 date the results, the program appears to be workIng.
Violations are going down at each intersection as enforcement
I
I
I
Page 177
Packet Page -2086-
.
.
.
6/14/2011 Item 16.K.7.
September 29, 2009
becomes apparent. Behavior is being modified. And people I've
talked to, it's not just behavior at the intersections where the cameras
are. It's the behavior everywhere. People are stopping and proceeding
with caution at places where we would never even imagine putting a
camera, but they're getting into a mode that they were originally
trained in' and they're going back to it.
It's increased safety for the bicycles and the pedestrians that have
to cross those streets, and that's increased safety for the other vehicular
movements.
And obviously we need to observe for a year to get the really
good data on something like this, but a few things have already come
to light. We need better coverage of the left turns. We're not getting
the coverage on the left turns that we would like to get. We're
working with the vendor, and that will be corrected in the very near
future by additional equipment being installed.
And if need be, we're going to be going out and putting more
signs up, but not just at the locations with cameras. They'll be at
locations without cameras. So just because you see the sign, it doesn't
mean you're having your picture taken or not, but it's just to remind
people of the law of the driver's manual, of the old adage, stop on red,
you know, right turn on red after stopping.
And with that, thank you for your time, your attention. If you
have any questions for me -- or SheriffRarnbosk is here to answer any
questions that you might have of him, and we also have the regional
representative for our red light running vendor.
CHAIRMAN FIALA: Well, we weren't going to ask any
questions right now, but if you'd like to say something, Kevin. First
we would hear from the speakers. We have nine.
SHERIFF RAMBOSK: Sure, sure. 1'11-- if you wouldn't mind,
I'll give you some information, and then we'll listen to our speakers.
Good afternoon. Kevin Rambosk, Sheriff of Collier County.
What led us to even consider such a program in Collier County?
Page 178
Packet Page -2087-
6/14/2011 Item 16.K.7.
September 29, 2009
Well, I Ican tell you over the last three to four years, we have met with
our horheowners associations. And as you know, we have several
hundre~ of them. And out of those meetings, we had requests from
our restdents in Collier County to provide for more enforcement of red
light ~nning violations.
As an organization, we certainly increased our efforts from a law
enforcement perspective but also started to research what was going
on at the state level because there has been, the last several years,
some l~gislation that has been proposed there, and also finding at that
time tnat there was a local option to request you as the county
commlssion to consider a local ordinance for providing authority to
install land operate red light cameras.
Having looked at that both internally in our organization, the
reque~ts from the public, and the two legal staffs, we made a proposal
to yoti to consider reviewing this and implementing it last year.
1!hat proposal didn't make any changes to the existing state law
with r~gard to our regulation to stop for red lights and how we
I
proceed. It was merely done as an enhancement for one thing, to
provi4e additional safety to the residents of Collier County, periods.
Safetj to the residents.
JPirector Tipton did a fabulous job over-viewing where we came
from, I where we're going to. And clearly, but unfortunately, we've
valid~ted what our residents have told us in the past.
So when we came before you, we asked a few things. We
wanted the goal of reducing violations. Significantly, with the
I
info$ation you've been provided, that is occurring.
We actually wanted to prevent crashes. And our crash statistics
in C~l1ier County continue to reduce, and that is from the efforts of
our d~ivers, our residents, who want a safer community, and certainly
we ~ant to save lives and reduce injuries and accidents.
~ think specifically there were a number of questions that were
aske~ when we were reviewing this. One is, how could we eliminate
I
i
I
Page 179
,
!
!
-+...
Packet Page -2088- _
.
.
.
6/14/2011 Item 16.K.7.
September 29, 2009
abuses in the system so that this photo enforcement system would not
be used incorrectly? And we looked at how we did that, and one was
having each and every incident reviewed by a law enforcement deputy
who has the ability to discern whether a violation has been committed
or not, to make sure to work with the engineering department and the
provider so that there was no question about who was violating a red
light, no question about, it was almost red, it was on its way to being
red. We only wanted those who entered the intersection on a red light,
period, and nothing else, and that has been successful.
You wanted an appeal process so that people had an opportunity
to say, you know, I think I entered that on a yellow signal. I had some
other concern. There was an emergency vehicle behind me. And
certainly, we supported that because we wanted to ensure that only
those who entered improperly an intersection are cited. That's what
we do with all of our traffic enforcement.
Unfortunately, we confirmed the problem we had, but we also
found another one, and that was that while we were getting a lot more
compliance overall, we seemed to have an inordinate amount of right
turn violations, and I think that, for law enforcement and for
engineering, prompted a question as to, how do we reduce that?
Because as you can see, the number of incidents and accidents for
right turn on reds -- and we have a responsibility to do that.
So I think our question is, how do we continue to correct not only
the left turn and the straight through on red, but all movements on red,
including the right turn? And we know we need to do some work
there.
So we need to look at yet more information. The Sheriffs Office
was already working on a plan to provide information to o~r seasonal
residents who are coming back who may not be aware of what has
been installed in Collier County, working together with your staff to
be able to do that so that everybody is reminded, one, of the law and,
two, that we may get reminded not only through a law enforcement
Page 180
Packet Page -2089-
6/14/2011 Item 16.K.7.
September 29, 2009
officer,! but a red light camera as well.
~e need, I believe, to look at engineering, and there have been a
couple lof ideas that have been out there, and I know that you-all have
some, ~d I'll leave them for you to discuss, but certainly the
engine~ring aspects of maybe more green arrows for longer periods of
time o~ installed where there aren't any now that would help to reduce
but safely allow people to continue into an intersection without
stopping.
Certainly signage and whatever we can do to make sure that
people! are aware and safe when they enter their intersections.
Obvio~sly continued enforcement.
Blut the bottom line, I think, is, I, like you, believe in the residents
of Collier County and that they want to make this the safest
I
comm-qnity they possibly can, and we need to work together with
them, ~nd I believe we can continue to make this safer, reduce our
crashes, and provide what we had originally intended for you and for
I'd
our re~l ents.
11hank you.
qHAIRMAN FIALA: Sue, would you call our speakers, please.
NiS. FILSON: Yes, ma'am, and I have 10 now.
qHAIRMAN FIALA: Okay. No more speakers.
N1S. FILSON: Gina Downs. She'll be followed by Joe Bonness.
*S. DOWNS: This is very brief. This is a map of the United
States~ obviously, and where red light cameras are currently situated.
It's either 41 or 42 states that have addressed legislation concerning
red lights.
this is Florida. One hundred sixty-four red light cameras
currerttly in Florida at the time of that slide. Fines range from $75 to
$185 for red light running in Florida.
I
<Citizens Transportation Coalition, who I'm representing, is still
amas~ing information. We have not taken a position on this yet.
W e'v~ been sending a lot of questions and concerns to both the
I
!
i
!
i
I
i
. -t--
i
:
Page 181
Packet Page -2090-
.
.
.
.
.
.
6/14/2011 Item 16.K.7.
September 29, 2009
Sheriff's Department and Department of Transportation.
One of the concerns when we're looking at material nationwide is
there have been two charges in two different states that went to court
and won alleging that the companies that put in the cameras have
incrementally decreased the amount of time that the yellow lights
maintain the yellow. So I think it's proper to address that and ensure
the residents that, I think Bob said, a three-second minimum.
Whatever the minimum is, I think it would be helpful to guarantee
that.
The second issue is the definition of stop, as ridiculous as that
sounds. There's such a variety of definitions out there ranging from
halting forward motion, and in some states they define an amount of
time, X number of seconds.
Also, where exactly is a stop? Some states will give a ticket if
your bumper has crossed the stop bar. Others say the tires cannot
across the stop bar. I think citizens just deserve a detailed explanation
of the behavior that's expected.
We keep hearing that when these tickets are reviewed that they're
being very lenient. Well, leniency is not a policy. I think a definite
policy needs to be addressed.
Timely notification. Nationwide people are complaining it takes
up to six weeks to get these tickets. I think if you are truly interested
in behavior modification, our suggestion, I think, will be as soon as a
light tags a license tag, as soon as that corporation matches that tag
number up to an address, why can't a postcard be sent to that driver
immediately simply saying you were flagged, here's the location, the
time. You mayor may not receive a ticket. But this is advanced
warning that you were flagged. That's going to change a lot of driving
behavior in Florida.
The last two are kind of related. This came up, I believe, in
Lakeland, but it's happening nationwide. There's a question of
compliance with Florida records. These cameras tend to rotate over in
Page 182
Packet Page -2091-
6/14/2011 Item 16.K.7.
September 29, 2009
30 or 6p days and they tape over what has been taped, and that's being
challenged in courts.
Ahd last, you need a defined rental car policy that I don't think
you hare yet.
C~tizens transportation --
CHAIRMAN FIALA: Thank you, Gina.
rvtS. DOWNS: Okay. We're having a workshop ifpeople are
interested in it.
I
C[HAIRMAN FIALA: Thank you. Can you -- yes? That's the
works1jl.op, October 5th at nine a.m.?
MS. DOWNS: That I gave you. We have a --
CHAIRMAN FIALA: Where?
I
MS. DOWNS: We have a new tab. It will be at Villages of
Emer~ld Bay. If you go to our website, we have a red light camera tab
full of: information.
CHAIRMAN FIALA: Okay.
1(1S. DOWNS: Thank you. .
CHAIRMAN FIALA: Thank you.
N!S. FILSON: The next speaker is Joe Bonness. He'll be
followed by Marjorie Burnham.
MR. BONNESS: I thank you, Commissioners, for the
opportunity to be able to speak about this subject.
Ii get hit from both directions on this one. I've got -- own basically
and owerate about 200 trucks and vehicles that run back and forth right
in the imidst of all of these traffic lights. And I've got to congratulate
you op. what your efforts are doing.
Ii'm seeing a definite modification in their behavior, and I'm very
proud! to see that I've only had one of my -- one of my vehicles run
into a! violation, and that person is going to modify their behavior on
. I
It. ;
~ am also a bicyclist and a ,valker, and I'll tell you, the way that
the right-hand turn on red has been handled by our traffic over the
I
I Page 183 ·
I
!
Packet Page -2092- _ . .
.
.
.
6/14/2011 Item 16.K.7.
September 29, 2009
years is just, from a pedestrian and bicyclist standpoint, it is just a
continuous threat. You're always on the firing line.
I've got one particular sidewalk at Naples Boulevard that I go
through. I have to be watching the eyes and trying to get the attention
so badly of the drivers coming through. 1 know they're not going to
stop unless they see me, and they're not looking in my direction. I
have to -- I've at times run into the intersection after the light has
changed because I've got to watch them so clearly as to what they're
going to do -- are they going to run me over -- that I miss what's going
on with everything. I can't pay that much attention to all the five
different places that somebody's going to come at me when I'm at a
sidewalk.
You know, if I'm crossing at a green light on a bicycle running
across the intersection, it's almost more deadly for me at times because
of the that right-hand turn that doesn't stop on the red coming through.
I've had many, many close calls on that.
And I really have to applaud our efforts at this point to be able to
bring people back into the proper modes with the -- with the
ordinances that are out there and to get them back in. I really think
that this is a great system. And after seeing Bob Tipton's figures there
as to the modification of behavior, it is definitely working. And I'd
like you to pursue this as much as you can.
Thank you.
MS. FILSON: The next speaker is Marjorie Burnham.
COMMISSIONER COYLE: Joe.
MR. BONNESS: Yes.
COMMISSIONER COYLE: Does the right turn on red stop
apply to bicycles, too?
MR. BONNESS: Yes, it does.
COMMISSIONER COYLE: Good. Thank you.
MR. BONNESS: Yeah.
MS. FILSON: Marjorie? She'll by followed by Maria Ortega.
Page 184
Packet Page -2093-
6/14/2011 Item 16.K.7.
September 29, 2009
MS. BURNHAM: Hi. I'm the other driver in the red light game
that Naples Daily News put online. And I just wanted to say that I've
been li~tening to the media regarding the red light (sic) on red
contro~ersy, and I've heard many people say, the reason these lights
were installed was to make our intersections more safe. And I agree
that anything that would make our intersections lTIOre safe is definitely
a good :thing.
However, when I received my citation, I immediately went
online ~nd looked at my photos and saw my video, and I stopped not
once but twice. Once on the required line and again I proceeded
forwartl to make a legal, safe right turn on red before I proceeded into
the intersection.
And so I called the number that I have to call, and I said, you
know, ~his is my observation. And she said that, yes, I did stop, but I
was on the wrong line. I went back and I looked again, and sure
I
enough. I stopped twice, once at the right line, again before entering
the intersection.
Sp I went to my hearing, and it was detennined that I would be
requir~d to pay the original 125 plus the $50, so it's $175 for
sometl:iing I really felt that I did not do. My feeling is that this citation
is administered, or this ordinance is administered arbitrarily, and in
my case it was not fair. And I respectfully ask my citation to be
dismissed. Thank you.
qOMMISSIONER HENNING: What's your name, again?
NiS. BURNHAM: Marjorie Burnham.
I
NfS. FILSON: The next speaker is Maria Ortega. She'll be
followed by Lisa McGarraty. .
MS. ORTEGA: Hi, thank you. I was making a right turn on
V and~rbilt Road going into 41, which is -- from looking at this
prese~tation that we just saw right now, last month, August 29th.
Therelwas over 3,000, I believe, 700, in that list that I fall into.
~o the reason that I'm here is because when I was trying to make
i
i
I
I Page 185
i
I
I
i
--------------..1- ...__ _ Packet Page -2094-
.
.
.
.
6/14/2011 Item 16.K.7.
September 29,2009
the right turn, it was evening. And as I made -- as I was getting close
to the intersection, I saw a flash behind me. I didn't know that it was a
camera or anything like that, and it actually made me go faster to
make the right thinking that it was a vehicle, that it was an ambulance
or something like that. I didn't realize that it was not.
So a few days later I'm coming from the south going north on 41,
and I saw the flash from the other direction, and that's when I got it,
that it was a camera. About two weeks later then I got the citation.
And then I said, oh, my God, that's what it was.
So my only point in coming here is to let you know that that
camera -- for one, I didn't realize that it was so many, you know,
people going through that light. Perhaps there's something wrong with
that particular camera, now that I am here. But the original reason that
I came here is to let you know that that flash did cause me to get
startled, and I made that right actually much faster than I would have
wanted to.
But -- so that could be a problem, a technical problem. Thank
you.
MS. FILSON: Next speaker is Lisa McG-arraty. She'll be
followed by Sean Critcher.
MS. McGARRATY: Madam Chairperson, Board of County
Commissioners, public, I'm Dr. Lisa McGarraty from Edison State
College. I'm a professor of chemistry, and I teach my students about
the law of conservation of energy. I also live by that law. I bicycle to
work four miles one way, eight miles round trip every day for 1 7
years.
I'm one of Mr. Tipton's statistics. I've been hit by right-turn red
light runners twice. Broken bones, twice. Two boning helmets. I
think I personally keep the business The Bicycle Route in business, in
good business, because of all the times I or my bicycle has been hit by
right turn on red runners. Constantly. Sometimes I have to jump off
the bike and let the bike go.
Page 186
Packet Page -2095-
6/14/2011 Item 16.K.7.
September 29, 2009
i
I
I would -- I would sayan average about once a week I have to
evade ~h accident. Just Friday somebody was turning right on red. I
had thejright-of-way, I had the green light. That person just blew past
me. I Had to make a left turn into oncoming traffic. Fortunately the
car beh~nd saw it happen and stopped and gave me the clearance to get
back tol a safe place. This happens weekly for me.
Y~u know, I've bought extra life insurance. And it sort of
frighteIlts me to think I'm worth more dead than alive, you know. I
don't khow what to tell you. Thank you to the Sheriffs Office officers
and th~ county for this -- these cameras because I think it is changing
behavi~r.
Btlt I want to tell you~ these right turn on red people, about a
month ~go I had one where a woman -- I mean, the one Friday was
about ~ 8 inches, which I consider close but not that close, 18 inches.
The one a month ago was probably 4 inches. Woman almost hit
me. I ~aught up to her. I'm not a road rage person. I just yelled to
her, yqu almost hit me. She holds up her cell phone and sort of shrugs
her shqulders. Like I'm supposed to say, oh, okay. I see. That's why
you ahnost hit me. You were distracted. Oh, okay. Then that's all
right. t understand. I don't understand broken bones later. I don't
I
understand.
I'Pl also a marathon runner. I bicycle, you know, miles and miles
every week. And I've got to tell you, the people turning right on red,
oftentimes they do go into the crosswalk. So now I'm stuck with,
I
okay, l have the right-of-way. Do I go and play out in traffic to try to
go in ~ront of their vehicle or do I go behind their vehicle and become
an Oreo cookie middle sandwiched between the cars?
I~'s really a dilemma. I don't think Joe Bonness was exaggerating
one bit, and I am not. I mean, broken bones later. I'm telling you, it's
-- it's tery difficult to ride a bike in this community.
1!hank you.
GHAIRMAN FIALA: The next speaker is Sean Critcher. He'll
i
I
i
I
I
i
I
Page 187
.
Packet Page -2096-
.
.
.
6/14/2011 Item 16.K.7.
September 29, 2009
be followed by Sandra Martin.
MR. CRITCHER: Good afternoon, ladies and gentlemen. I am
also a professor at Edison State College. And as you can tell, I'm
blind, so I do have to walk and use the CAT system, and I'm
constantly in the intersections wherever I go. And I can't tell you how
many people that I've probably come close to denting their car
because they do come into the crosswalks where I'm trying to walk.
I'm not going to see them untill go, clank, and then they get really
pissed off because I hit their car. And I'm just like, hello, I'm the blind
one. Remember the stick? That's what this thing means, and you're
the one who has a license to drive in this state and you're in my way,
and they just don't seen1 to get it.
I appreciate anything that the Collier County Sheriff can do. I
appreciate the support of the county commissioners, that we have the
cameras in line. I know it's not a perfect system. Unfortunately, no
system is perfect, and that's why it's really important, as they
mentioned earlier, that they do have the appeal process. And of
course, that's not going to be perfect either. We've all-- I mean, I used
to drive before my vision got really, really bad, about five years ago. I
used to drive. And we've all paid citations that we felt, you know, we
shouldn't have had to pay. And yes, it's irritating when you have to
write the check, but, you know, that's one of the costs of doing
business and driving.
But I just ask for whatever support that you can give to keep the
people that are trying to turn right on red to do it legally and to stop
well before they really are in the -- in my way. Because as I said, with
this thing, they really don't like it when I tap on their car very much.
Thank you. Have a good day.
MS. FILSON: The next speaker is Sandra Martin. She'll be
followed by Stacy Revay.
MS . MARTIN: Hi, everyone. My name is Sandra Martin, and I
am here to represent the visually impaired here in Collier. I'm totally
Page 188
Packet Page -2097-. .
6/14/2011 Item 16.K.7.
September 29, 2009
blind. And this is my lovely guide dog, Anna. And no, I don't drive,
but I dq -- I do maneuver my guide dog, you know, and I walk around
quite a bit. And we do have a problem here as far as safety's
concenied for people here in Collier County.
I realize that you guys are doing all that you can, and I certainly
can't gd out there and tell you, you know, which is the right or the left,
which ~ay to go, but what I can say is, please, when you see people,
pedestdans, dogs -- because sometimes they're leading their masters --
slow down, take caution.
v/:e would like to be out there walking. I work for a living. I'm
totally blind and I work for a living. I have to walk to different places.
That's j~st the way it is. And thank you, the Sheriff s Department,
everyoJile, for doing the wonderful job that you're doing, but there is a
lot of room for a lot of improvement.
A~d one thing, I know I can sit here and talk forever about it, but
we do *eed beepers at the lights so that I can hear which -- you know,
when i~'S time to cross -- be able to cross it, okay?
T~ank you.
Ms. FILSON: The next speaker is Stacy Revacy -- Revay, I'm
sorry. ~he'll be followed by David Weigel, who I think left. Next will
be Anti Marie O'Neil.
1'4S. REV A Y: Thank you, Commissioners. Name is Stacy
Revay,! and I'm from the Collier County Health Department. And our
-- the qollier County Health Department's mission is to promote,
protect, and improve the health of all people in Collier County. And
their vision is a health -- our vision is a healthier future for the people
ofFloriida, and that's what we're -- and that's what we're here for.
S~ we are so thankful and grateful from (sic) the Sheriffs Office
and fo~ you to be putting up the red light cameras.
Also, Florida is number one, and they're number one in cyclists
and pe~estrian fatalities in the nation. A hundred -- in 2007, 178
bicycl~/ped crashes resulted in 91 injuries and five fatalities just in
I
i
! Page 189
IaI
!
i
1...... Packet Page -2098-
,
I
I
.
.
.
6/14/2011 Item 16.K.7.
September 29, 2009
Collier County. That's a lot of people being hit by cars and vehicles.
And also, if you'll remember, back to September 22,2009, an
eight-year-old boy was killed in Lehigh Acres -- I know it's a different
county -- at a bus stop at 3 :29 p.m., and he died on September 26th.
Seventeen months earlier, a 21-year-old man died in March of
2008 because of driving too fast on a road that was marked 45 miles
per hour, and he was going 70 miles an hour on that road -- or 70
miles per hour in a 35 zone.
Also, that same road in Lehigh Acres, a 19-year-old girl, a
student, was struck and killed by a truck early in the morning while
walking to her school bus.
So this morning I was here to -- as a -- helping with the
community traffic and safety team. I'm receiving a proclamation for
Walk to School Day, so it is so important to create a safe environment
for our kids to walk and bicycle, and adults, to school and any other
activity, working, shopping, anything else.
And that's all I have to say about that. Thank you.
MS. FILSON : Your final speaker is Ann Marie O'Neil.
MS. O'NEIL: Hi. I'm Ann Marie O'Neil, and I'm a little bit on
the other side of the coin, not -- not from the standpoint of a safety
issue because I think -- you know, I think that's extremely important.
But I'm disappointed in the lack of the human component with
cameras. I've received two tickets. One of them -- I'm sure I was
guilty on both of them. One of them I was crawling very carefully
through the light, thinking that I was being a safe driver, but I didn't
stop. So I know -- and I've paid that fine.
The second one I did stop. And I guess -- you know, and I do
think it has modified behavior that we're all stopping at the line now.
But I just -- you know, I think -- I don't know if an officer would have
stopped me. I didn't stop before I pulled out into the intersection.
I think that the line is so far back that you really don't have the
visibility, so I think, you know, it was wrong for not stopping at the
Page 190
Packet Page -2099-
I
!
I
i
I
I
i
line, but to be able to see, you know, we have to proceed ahead.
so' I'm disappointed in that, and I'm also disappointed in the
timelin~ss of the warnings, because I had -- I got -- I may not have
done th~ second error if I had received the first ticket, or the second
ticket in. -- what am I trying to say? I got two tickets without
I
knowing, you know, when I got the first ticket. I got another one
before ~ received the notification. But anyway.
Sq I guess basically I'm disappointed with the lack of the -- not
having a police officer there and the notification. Thank you.
CHAIRMAN FIALA: Thank you. Now, folks, we're going to
take a ten-minute break, and give our stenographer just a little bit of
rest for1her fingers, and weIll be back to deliberate on this one.
C~MMISSIONER COLETTA: Till about ten clock tonight.
cA brief recess was had.)
C~RMAN FIALA: Oh, look who's back.
~. MUDD: Ladies and gentlemen, if you'd please take your
i
seats. i
I
M~dam Chair, COll1missioners, you have a hot mike.
C~AN FIALA: Thank you.
C<bmmissioners, let me -- let me just say, we're going to stay with
this un~i1 we finish this whole agenda. Hopefully we do this and we
finish before 11 o'clock tonight, but if we don't, we'll just stay.
Sq I just wanted you-all to know. And anybody who would like
to stay lin this audience and keep us company, we'd love to have you
stay wi~h us.
CpMMISSIONER COYLE: This is talk-till-you-drop night.
CHAIRMAN FIALA: And now, after the presentations we have
Commissioner Coletta.
CpMMISSIONER COLETTA: Whoa, boy. This has been one
amazin;g day. I mean, so many -- so many subj ects that have so much
detail tb them.
\\fell, get right to it. The reason why I asked for us to take a look
i
6/14/2011 Item 16.K.7.
September 29,2009
Page 191
Packet Page -2100-
.
.
.
6/14/2011 Item 16.K.7.
September 29,2009
at this red light camera issue again wasn't because I doubt the safety
aspects of it and the positive benefits that come from it. The reason I
asked for it to be brought back is because I felt like I was a little bit
blind-sided along with the public regarding what we could expect as
far as the violations go.
I think if the public was a little bit more aware that the 90-some
percent of all the violations have been right-hand turns, possibly
through the presentations that were made, they would have become
more aware of what was taking place and we -- they would have been
more aware of what was happening, but they just didn't realize it.
I mean, the only thing we talked about during the original
presentations was the severity of the T -bone crashes and the injuries
that come from them. And I grant you, the red light -- the turns on
red, the illegal turns on red are serious issues, but we didn't discuss
them.
And when th~ pu?lic started coming to me with their concerns, it
was very difficult for me to answer their questions. So I brought it up
to the commission under comments at the last meeting, and this item
came back to us for review.
Now, this item is also scheduled to come back again. We're at
our three-month anniversary on it coming up shortly. It's going to
come back again in another three months. It's supposed to be
reviewed again at six months and again at a year.
I can almost tell you what's going to happen, even though we
have fallen offnow as far as the amount of violations. There's going
to be a renewed spike with the new people coming down here. I think
they call it fresh meat in the business. And at that point in time that
they become educated, it will fall off again. And I think over a period
of time we're going to see this thing diminish to a point that it's going
to be just the background noise for us. But right now we have to deal
with the public comments and the public concern.
Now, there's one issue that we really need to deal with, and that's
Page 192
... Packet Page -2101- _..._.._
6/14/2011 Item 16.K.7.
September 29, 2009
i
that issue of health, safety, and welfare. And does not have to do
anything with a money-making scheme by the county. This is not an
endless1 amount of money that can come into the county commission
from a~other source. Well, we keep saying that, but I don't think that
is quite: on target.
Atld if -- 1'd like to direct the question to transportation, whoever
keeps the kitty on this, how much money is in the pot right now after
we havie paid the vendor for his share of the fines? How much
money\s in that pot right now that's sitting there for the county at some
point iIjI time to apply to some useful purpose?
COMMISSIONER COYLE: Good, yes.
I
MR. FEDER: For the record, l\10rman Feder, transportation
admintstrator. From what I am aware of -- I apologize.
C~AIRMAN FIALA: Let me stop you there. Do you notice --
how m;any other people have a Jim Mudd tie on? Stand up those with
the Jim Mudd Christmas ties.
qOMMISSIONER COLETTA: Well, not Christmas.
dHAIRMAN FIALA: Well, Jim Mudd ties.
~R. FEDER: And how many of them didn't have the bell and
whistl~? Sorry about that. I'll hold it here and maybe I won't get hit.
11here's about $200,000, we understand right now, in the clerk's
coffer~. Those funds, though, aren't going anywhere until this board
decidds when and how to utilize them, and I think there's a need for a
I
very strong nexus for how those funds get used, and that's obviously to
the bdard's decision.
ctOMMISSIONER COLETTA: Right. And I agree with you,
Mr. F~der. Such issues as, you know, we haven't -- we pulled an
ambulance out of service. It might be used for that. It might be used
I
to be ~.ble to supplement the trauma center. The trauma center does
receive money from red light fines. In fact that's -- I serve on the
I
board~ along with Tammy Hall from Lee County, the advisory board
for the trauma center. And they were opposed to the red light cameras
I
Page 193
____ Packet Page -2102-
.
.
.
.
.
6/14/2011 Item 16.K.7.
September 29, 2009
initially. They gave some different reasons. They said because of the
rear-end collisions when people stop. That turned out to be a
falsehood.
But the truth of the matter is, they get a certain amount of
revenue directed their way, to the trauma centers. They don't get it
from our red light cameras.
We may want to think about that. That's down the road. Right
now what I want us to focus on is the fact that we are accumulating a
large amount of money in a troubled time when people are -- many of
our residents out there are having a hard time just putting the groceries
on the table much less pay $125 fine.
And I'm going to make some suggestions for discussion, and then
you people take it from there. One, with the marking of the
intersection, I think that's an excellent idea. I was going to make that
suggestion. I'm glad that's going forward. The public becomes aware
of the fact that this is an illegal type afturn, is less likely to do it.
Because the idea is to get compliance, not to be able to get fines.
Two, reduce the fine from the all-imposing $125 to $60 for the
first offense, $90 for the second offense, and then $125 for all offenses
after that.
Three, refund back to the violators $65. And the reason for this,
too, has to do with the fact that we did not give a complete
presentation, we didn't represent the product accurately when it came
before us the first time -- $65 back to the first offenders that have
already paid the fines. .
Four, that the deputies exercise the same judgment call on the
violations as they would if they were standing there at the time that
they took place. And from what I understand from the Sheriff's
Department, they're doing just that. But I -- and they need to keep that
in mind.
The other thing that I -- we need to be cognizant off is the fact
that if you want to -- trust this. If you have an issue such as the lady
Page 194
Packet Page -2103-
6/14/2011 Item 16.K.7.
September 29, 2009
that catiJe before us with the light flashing in the background, thought
it was ~n emergency vehicle and pulled forward, you go to the hearing
officer ~nd you have the ability to be able to be heard. But here's the
rub, you have to pay $50 for that right if you lose.
I
Sq what I propose is that we con1e up with some sort of white
paper, $omething we can put on our web page, something that can be
handeq out to people when they want to file to be able to go before the
hearing officer that will explain in great detail what a violation is, how
it's judged, how it occurs, so that person, one, doesn't have to take off
of work ifitls not necessary and if there's a clear case of negligence on
their p*rt.
Apd, two, they donlt spend $50 more than they have already
spent dn top of the fine that already exists that -- and that's where we
are at tpis point in time.
O~her than that, when I -- originally when this program came
forwar~ I voted against it because I was concerned about rear-end
collisiq>ns. I couldn't get the answers. But I can tell you after
everytping I've heard and all the research I've done, I totally support
this prpgram, and I think we need to continue it, but we have to make
it be rrlodified to something that's going to be for the public benefit.
dHAIRMAN FIALA: Commissioner Halas?
qOMMISSIONER HALAS: I voted for this program, and I
think i~'s -- we're in the right direction.
I Ihave some concerns when somebody tells me that we don't have
a prob~em and that, well, we should have maybe an officer at the
I
intersection.
I
I ican relate to one incident back in June when I was on my way
to wo~k, and I was traveling eastbound on Vanderbilt Beach Road, and
I was getting into the right-hand turn lane to head south onto U.S. 4l.
Ih front of me, traveling eastbound also, was a blue Lexus, and I
belie~e it was a lady, young lady. Could have been a man with long
hair, tpo.
I Page 195 ·
Packet Page -2104-
.
.
.
6/14/2011 Item 16.K.7.
September 29, 2009
Anyway, this -- the light was -- the light was green on U.S. 41,
and everybody was stopped except movement in the right-hand lane.
And this individu,al in this blue Lexus proceeded to go at a fairly good
rate of speed. And there was a young boy that was on the crosswalk,
and he was riding his bike, and he came about that close from getting
hit.
Now, somebody talks about $200,000 in the coffers here. If that
young boy would have been hit and had a head injury, chances are we
would have -- that $200,000 would look like peanuts.
And when I listen to people that come here and talk about where
their safety is challenged -- and these people have a handicap -- I've
got a real serious problem with that. And I think that everyone should
realize what the law is. If they've got a driver's license, they had to
take a test and they had to figure out what was going on.
Now, there was a statement about somebody getting two tickets
and basically made a statement that they felt that they had stopped.
Sheriff, does anybody in the Sheriffs (sic) have this particular
video? .
SHERIFF RAMBOSK: Well, it sounds to me like it's a different
lady, but every incident is videotaped so they're reviewable.
COMMISSIONER HALAS: Could you show what -- an
example of maybe where people think they stopped? Do we have that
video available or not?
SHERIFF RAMBOSK: I don't know whether we have it loaded?
MR. MINCH: There's one loaded, but it's the other one, the lady
who's still sitting here.
COMMISSIONER HALAS: Okay, fine. I'd like to see it.
MR. MIN'CH: Okay. This is violationinfo.com, would be the
website where citizens go to to bring up this video. They type in their
notice number and the pin that was sent to them on their notice, and
this is exactly what they see. This is the same website. I'm using her
notice number and pin.
Page 196
Packet Page -2105-
6/14/2011 Item 16.K.7.
September 29, 2009
Many of you have seen this one before. It will take a second to
load. l1his is the sheet they actually come to. You get all the pictures
and you get the video clip for it. And I can replay it. It's quick. You
I
get a 14-second clip.
C~IRMAN FIALA: You have to hit play.
MR. MINCH: There you go. You see it come up right there.
Take aiturn, slow, then go.
COMMISSIONER HENNING: But the intent was there.
CpMMISSIONER COLETTA: Eventually she would have
stoppe4. Maybe when she got home.
~. MINCH: That's what they look like, sir. Anybody want to
see that one again? And I will tell you, that one is the bottom end of
where you would -- where we've been giving a citation. It's worth it
because it does not stop it. It continues to go. And I'll point out that
as youjsee it, briefly, I hate to -- here. It should be stopped there, and
i
I
C:OMMISSIONER HALAS: Right there.
MR. MINCH: -- and then it should stop somewhere completely.
It gets Iclose but it keeps going.
qOMMISSIONER HALAS: That's a California stop I think they
call it. I
l\{1R. MINCH: Well, there's a lot a different towns, it's just not a
stop. i
Is that enough, Commissioners?
I
qOMMISSIONER HALAS: Thank you very much.
MR. MINCH: You're welcome.
i
ctOMMISSIONER HALAS: I think it's very -- as you can see, if
there was somebody in that crosswalk or somebody that was going to
walk <i>ff of that sidewalk, that this person obviously, if there was
some~ody in there, would have been hit. So I feel that it's very
impotltant to n1ake sure that we address this issue.
As far as coming up with maybe a tiered system for tickets on
I
I Page 197 ·
I
I
i
I
! Packet Page -2106-
I
I
.
.
.
6/14/2011 Item 16.K.7.
September 29, 2009
this thing, I think maybe the first one ought to be 75 to $80, and then
the next one would be $125, and hopefully that people will have an
understanding that -- actually if they -- if they realize what the traffic
laws are -- and the traffic laws throughout the state -- in fact, all 48
states -- on red light, you have to stop prior to making a turn. And so
I'm not sure what the difficulty is here. It's just the idea that
everybody seems to be in a hurry and doesn't want to obey the traffic
laws.
I, myself, knew that this -- when we were talking about red turn
on right or, excuse me, violation of red lights, I pretty much knew that
this was probably an area that we were going to look at also.
One of the other areas that -- of main concern and, of course, is
the left turn on red. But as you can see, and as the people that came
before us that have some type of impairment, I believe that we have a
duty here as county commissioners to make sure that all citizens are
involved in health, safety, and welfare.
Thank you.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Well, if we're going to do any
modification to the citation, may I suggest that we cover your costs,
would be the first -- whatever it is, cover your costs of employees and
contractual stuff and everything.
And then the second one, I mean, really hammer it, or maybe not
hammer it -- really hammer it, but the third one, we ought to go for the
gusto.
COMMISSIONER COYLE: Five hundred bucks.
COMMISSIONER HENNING: Yeah, because, look, I'll tell
you, I went to -- I went out this intersection -- and, you know, it's very
busy to get out onto U.S. 41 -- and waiting there, and I was looking
left and it -- traffic was clearing up, and I just so happened to look
right, and there was a person on a bicycle, and it scared the day lights
out of me because, if I haven't (sic) done that, I would have proceeded
Page 198
Packet Page -2107-
6/14/2011 Item 16.K.7.
September 29, 2009
and hit that person.
AJild doggone it, we need to get the message through. There's
more --I there's more to it than just people getting at their destination.
S~ people that can't afford vehicles or make a choice to ride a
bike oriwalk or something like that, then we need to protect them also.
s6 to put this issue to bed, if you -- if you want to change the
citatioq, I would suggest, if it's a lesson -- the first one should be a
lesson L cover your cost, and the second one, it's not a lesson, you--
you know what, you messed up, so it should cost you more.
CHAIRMAN FIALA: Commissioner Coletta?
,
COMMISSIONER COLETTA: Yes. And, you know, I would
agree with you under most circumstances, but we've got some factors
here t~at exist out there. One, there's a two-week delay before a
citatio* is received. You know, it just takes a period of time for it to
go through the Sheriff s Department, it has to go all the way out to
Arizo~a, then it gets sent out by registered mail to the offender.
Number two, you do have more than one person driving the same
I
car an41 it's the owner of the car that gets the citation, not the person
that's ~riving it. So some cases, some families that are really having a
rough ~ime right now might not have a chance to react under those
circumstances.
I ithink we're going in the right direction about the fact that we're
tryingito say that this has nothing to do with trying to make money. It
has e\i1erything to do with public safety.
I
qOMMISSIONER HENNING: You know, Commissioner, I
under~tand what you want to do. The bottom line, it's a law.
crOMMISSIONER COLETTA: I understand it, Commissioner
Henn~ng. But like you reminded me many times, when a person has
the fl9or, you don't interrupt because of the violation of ordinances.
Am I jw'rong?
q:OMMISSIONER COYLE: It's the law.
COMMISSIONER HALAS: It's the law.
Page 199
Packet Page -2108-
.-_0"
j
I
I
.
.
.
.
.
6/14/2011 Item 16.K.7.
September 29,2009
COMMISSIONER COLETTA: Yeah, it's the law. At first
violation, we're going to give you a warning.
COMMISSIONER HENNING: I'll get my checkbook out.
COMMISSIONER COLETTA: Okay, great. Let's go ahead and
give direction to the County Attorney to bring this back for us, and
then we can take a look at it. But let's weigh in on the rest of the
commission. I'm for coming up with a three-step way of doing it,
two-step way where, whether -- it should be. The $65 that I came up
with for the part there was to allow for the original costs and a little bit
more to cover unforeseen costs that we have at our end.
Now, I'd like to hear from my fellow commissioners.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Thank you very much.
Listen, we went through 60 days of just warnings. We gave
people an opportunity to adjust to this thing. It was advertised, and
when they ran through a red light, they didn't get a ticket. They've had
their probation period, okay?
Now, it is the law, and we all know what the law is, and if we get
caught in it, then we ought to pay the penalty, end of story.
Can you imagine the time and clerical work that we're going to
have to expend to go back through all of those citations and to refund
money? You're going to be refunding money to people who, perhaps,
were marginal, but you're also going to be refunding money to people
who are absolutely flagrant, and that simply isn't fair.
And we've gone through the probation period. I say we leave this
thing alone. And what we're seeing already is the offenses are trailing
off. So the number of offenses will decline, people won't have a
problem with this when they start complying with the law, and we're
all going to benefit. We'll have a safer community. There will be
fewer people getting fmes, and everything's going to be okay.
So I say, leave it alone. We've established the rules. Let's go
with it.
Page 200
Packet Page -2109-
6/14/2011 Item 16.K.7.
September 29, 2009
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: After I heard how well and how
eloquertt you spoke on this, I have to go along with what
Comm,ssioner Coyle has stated that, yes, we had a period when we let
everyb~dy know what was going on. There were signs that were put
up. !
Sq I guess I -- I'm going to go back on what I said as far as tiering
the things. I believe that we need to move forward on this, and we'll
see ho~ this turns out in the next three months.
C}IAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER HALAS: It's the law.
i
CDNllVIISSIONER COLETTA: Okay. I'm going to make a
motio~ because I'm just not going to let this go away that easy. The
peopleiI represent are suffering undue hardship in my district. And
I
the watning was great for those people that received the warning. The
people!that received a ticket without receiving a warning before,
there's ino justice in it.
We're right back to the fact that this is nothing more than a
money~making operation to enrich the county. That's what we're
sayingj
I'm going to make a motion that we direct the County Attorney to
bring tris back to us in the form of an amended ordinance whereby
we'll have the first fine reduced to a cost factor, which would be
whate-yer we have to pay the vendor plus whatever our handling cost
is, andithe second would be the regular fine like Commissioner
I
Hennir1lg suggested rather than the two-step procedure, and that we
make ~ refund to the people that have already received this in
consid~ration of the fact, the way the economy is and the whole
program is bent upon one thing, and that's health, safety, and welfare,
and th~n that brings us back to where we need to be.
Afnd I'm sure that people are going to be just as cognizant of what
they have to do with a fine that's about half that size for the first -
I
I
I Page 201
I
I
..__.____.. . .._"J...
I
i
Packet Page -2110-
.
.
.
6/14/2011 Item 16.K.7.
September 29, 2009
offense than they would be for $125, which is a tremendous hardship
on the people I represent.
CHAIRMAN FIALA: I'll second your motion. And one of the --
one of the other reasons is, we've just got our winter residents coming
back now who haven't been familiar with it. Not only that, we've got
our tourism -- tourists coming in. And you know, we're -- the Tourist
Development Council is just now making a huge push to start bringing
people in. They don't have any idea what's going on. To say,
welcome to Collier County, here's 125 bucks (sic), at least if there's an
effort, number one, to put signs up, number two, to at least, the first
time it's a warning. The vendor has to make $51 on each one of these
tickets, from what I understand -- so.
COMMISSIONER COLETTA: Well, I'm sorry. I didn't include
the wording in it for the simple reason, our contract with the vendor,
unless we cancel it totally or renegotiate it, if we make a warning, we
still have to pay the vendor.
CHAIRMAN .FIALA: I see.
COMMISSIONER COLETTA: So I would -- I would leave it as
a cost factor.
CHAIRMAN FIALA: Okay. Well, I meant cost factor--
COMMISSIONER COLETTA: No, I wish we could do a
.
warning.
CHAIRMAN FIALA: Yeah, but a cost factor that's reduced for
the first time at something like a warning.
COMMISSIONER COLETTA: Right, and then back to the full
shot.
CHAIRMAN FIALA: Yeah. So I would agree with that. I'm
worried about tourism, because that's really an important thing here in
Collier County, and I -- and we don't want them rolling through. And
we don't want them committing --
COMMISSIONER COLETTA: Exactly.
CHAIRMAN FIALA: -- you know, violating the law. But this
Page 202
Packet Page -2111-
6/14/2011 Item 16.K.7.
September 29,2009
will als~ make them fully aware. And also, another thing that was
menti011led here today, putting signs up was number one. Number
two, getting the citations out faster so people are understanding what's
going qn, you know, rather than wait six weeks. And number three,
knowi~g where to stop. One lady that was up here said she didn't
know ahy which -- which line to stop at, so we have to make that
clear. We have to make sure that our citizens, our residents, our
visitors~ know which lines -- if there's three lines, which one is the
stop li~e. So, I mean, we should put an arrow that shows.
COMMISSIONER COLETTA: How about the last part I had,
for the 4earing officer to be able to get the information out exactly
what a ~iolation is so people don't needlessly take off from work --
CfrAIRMAN FIALA: Right.
COMMISSIONER COLETTA: -- and spend $507
CtIA1RMAN FIALA: And lastly, keep the video long enough.
I've he~rd -- I've heard some statistics and complaints that they get rid
of thes~ videos, and tJ::len people can't go back and challenge it because
the vid~os are already taped over. So I'm -- I'm saying all of these
things, ibut on -- but seconding your motion.
COMMISSIONER COLETTA: Yeah, Commissioner Henning, I
guess, 1s next.
CtIAIRMAN FIALA: Commissioner Henning?
CbMMISSIONER HENNING: Well, lieutenant mentioned -- I
thought, had a great suggestion as far as tiered suggestion, if you want
to go t6 that, and he might not even be a lieutenant anyn10re. It might
I
be colqnel or something.
CHAIRMAN FIALA: Colonel. Yeah, Colonel Minch.
CpMMISSIONER HENNING: Yeah, if you don't mind. And I
though~ it was very reasonable.
MR. MINCH: It wasn't actually my idea; however, we went to
AventJra, the City of, \\Thich is in Broward County, when we looked
at the way to hold the hearings. We all went, Code Enforcement, the
i
i
I
I
I
I
I
I
I
!
I
Page 203
Packet Page -2112-
.
.
.
6/14/2011 Item 16.K.7.
I
September 29,2009
general magistrate, some members of the Sheriffs Office, to see what
it is they do.
And they have a tiered system there. They actually start at $125,
the second one is 250, and the third one is, a la Commissioner Coyle,
$500.
And their point is, the first one at 125 is your warning, because
from a police officer in this county, it's 237 and three points. The
second one, shame on you for getting two. And the third one, you're
not paying attention, $500.
So that was their tiered system. And we spoke -- because we
spoke of several different things. And if you wanted to do one, it
would be entirely possible to do one that would be neutral for us,
which is what Commissioner Coletta has spoken of today.
And then move up. But there's an infinite number of things you
can do. It's just the other cities around have chosen, many of them --
and you can speak to how many -- have chosen to do a tiered system
for exactly that reason. It's, you know, carrot stick.
CHAIRMAN FIALA: Lieutenant, what is --
MR. MINCH: Harold.
CHAIRMAN FIALA: Yeah, just plain old Harold.
MR. MINCH: For the record, Harold Minch for the Sheriffs
Office.
CHAIRMAN FIALA: And we'll call you Harold. Harold, I
represent -- 40 percent of the housing right here in East Naples is low
and very low income. Now say, for instance, one of those people gets
one of these tickets, and it's $125 and it's their first offense, and they
don't have $125, and they can't -- you know, they can't even scrape it
together in a month's time because they -- they're just very low
income. What happens to that person when they can't pay?
MR. MINCH: I think we're getting somewhere where that --
that's not really -- I hate to say it's not my business, but as the Sheriffs
Office, all we're really doing in this program, since it's not our
Page 204
Packet Page -2113-
6/14/2011 Item 16.K.7.
September 29, 2009
.
program, is either accepting or rejecting the infractions or the
I
violatidns.
C~IRMAN FIALA: Yeah, but I have to know what's going to
happen! to the people when they can't -~-do you throw them in jail?
MR. MINCH: No, ma'am, we do not. And again, we do -- Code
Enforcement decides what the penalties and the follovv-up will be and
what tHe collections will be. That's not the Sheriffs Office
I
involv~ment. I donlt want to speak out of turn or to something that's
actuall~ not part of what the Sheriffs Office does in this program.
Apd all we do is either accept or reject and stand for probable
cause during the hearings. I didn't want to get ahead of -- we just had
a conv~rsation, Commissioner Henning and I mentioned some other
possibipties.
C}IAIRMAN FIALA: Do you Imow what happens to these
peoplef
~. MUDD: Yes, ma'am. You lien -- you lien the property.
Y ou li~n their property based on fines.
CHAIRMAN FIALA: Okay. But they don't own any property.
They'r~ just renting. Then what do you do?
CpMMISSIONER COYLE: Deport them.
CpMMISSIONER COLETTA: Turn them over to a collection
i
agencY[ .
$. MUDD: Bob?
MR. TIPTON : Yes, Commissioners.
CfrAIRMAN FIALA: I mean, we should know these things.
MR. TIPTON: Ifpayment is not made and they own property
within !the county, a lien would be placed against the property. If not,
I
then it Iwould be turned over to collections. But here's the lady that
can an$wer.
MS. FLAGG: Diane Flagg, for the record.
I
First it's important to understand that with every citation that is
issued,! the Sheriffs Office reviews it. If it's question, they don't issue
I
I
i Page 205
I
I
I
I
1'-
I
Packet Page -2114-
.
.
.
6/14/2011 Item 16.K.7.
September 29, 2009
a citation.
Then when the person comes in to pay their citation, we are
taking them to the video and letting them watch themselves run the
red light.
CHAIRMAN FIALA: Yes, but I mean -- I understand that.
MS. FLAGG: If -- if they still want a hearing, then we advise
them it's $50 for the hearing. Are you sure you don't want to watch
this video again?
At that point if they say, okay, well, I'm going to pay the citation
but I don't have the money, they're given a period of time to pay, I
believe it's 30 days, and then they go to a collection agency. It does
not go against their driver's license. They're not thrown in jail.
CHAIRMAN FIALA: So it goes to a collection agency, and now
the collection agency can't get it because, of course, they can't afford
it. Then what happens to those people?
MS. FLAGG: It stays with the collection agency.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Well, just get to wind this up so
we can Inove on for direction. I'm in favor--
COMMISSIONER COLETTA: Of three tier?
COMMISSIONER HENNING: Of the three tier, of covering
your cost, hey, you know, you know -- you knew better, kind of like
$150 the second time, and then throw the book at them the third time,
type thing, because, you know, we all make mistakes, but we also
have to be responsible, and it's the law. You should know it.
Right, Sue?
MS. FILSON: Dh-huh.
CHAIRMAN FIALA: So did we -- now when we say --
MS. FILSON: I didn't get a ticket.
CHAIRMAN FIALA: -- three tier and so -- you know, we're
going together on this. Do we know what the three tiers are, or does it
come back to us to --
Page 206
PacketPage-211S-
6/14/2011 Item 16.K.7.
September 29, 2009
.
COMMISSIONER COLETTA: Let's let them come back with it.
You heard the discussion that's taken place.
MR. KLA TZKOW: I'll get with the Sheriff, and we'll come back
on executive summary with a proposed amended ordinance.
.The only issue I might have is with the refund. Since we've
already: paid -- we've already paid the vendor money anyway, I don't
know how you do a refund without the county actually being out of
pocket.:
COMMISSIONER HENNING: I'm not interested in a refund.
COMMISSIONER COLETTA: You're not?
C9MMISSIONER COYLE: Absolute mess.
COMMISSIONER HALAS: No, no refund.
COMMISSIONER COYLE: Absolute mess.
I
~. KLATZKOW: Okay. Then I will not address the refund
. i
Issue. !
C:E;-IAIRMAN FIALA: Okay.
C~MMISSIONER COLETTA: I'm disappointed, but I know the
vote w0n't carry if refunds are in it, but I thought it would be only fair
to thos~ people out there that didn't have fair warning.
CMIRMAN FIALA: Okay. We have a motion on the floor for
I
a threeitiered program that will come back to us and we can discuss
what tHe tiers are, and a second.
C6mmissioner Coyle?
COMMISSIONER COYLE: You're voting only on tiers now?
You're rot talking about this means test to figure out if somebody can
really ~fford to pay this --
C].rAIRMAN FIALA: No.
COMMISSIONER COYLE: -- as to whether or not you're going
to do anything, right?
ClIAIRMAN FIALA: No. I just wanted to know what happens.
If I'm going to vote for something, I want to know what the results are
going t~ be, you know.
i
I
!
Page 207
!
._../-
I
Packet Page -2116-
.
.
.
6/14/2011 Item 16.K.7.
September 29, 2009
COMMISSIONER COYLE: Okay. I--
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: Well, the other thing I'm very
concerned about, I do not want to spend another hour or two hours
debating this issue at the next meeting. I would rather you just say -- I
mean, if you're going to have enough votes to do it, I'd rather you just
say, put it on the consent agenda and get it done. For goodness sakes,
don't go through this again, okay, because we're just wasting
everybody's time.
So, you know, I would appreciate it if you'd just tell the County
Attorney what you want, tell them to put it on the consent agenda at
the next meeting, and do it. Let's quit talking about this crazy thing.
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: Let's go.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
Aye.
COMMISSIONER COLETTA: Aye.
COMlv1ISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: 3-2. Thank you very much.
Item #9C
DISCUSSION OF CLERK'S BUDGET - MOTION TO ACCEPT
MEDIATED SETTLEMENT AGREEMENT W/BUDGET TO BE
DISPERSED AS FOLLOWS: 2/12TH ON OCTOBER 1,2009 AND
1/11 TH OF THE REMAINDER TO BE PAID THEREAFTER IN
MONTHLY INSTALLMENTS THROUGHOUT THE FISCAL -
APPROVED
Page 208
Packet Page -2117-