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Agenda 02/12/2013 Item #10E 2/12/2013 10.E. EXECUTIVE SUMMARY Recommendation to direct staff to negotiate and bring back to the Board at its next meeting a new Red Light Camera agreement between Collier County and American Traffic Solutions Incorporated (ATS), and that given the upcoming March 1st deadline with ATS, as well as the infrastructure and procedural processes in place, that the Board waive any requirement for formal competition for this work. OBJECTIVE:E: To enter into a new Red Light Camera contract between Collier County and ATS in order to continue the intersection safety program. CONSIDERATIONS: During the BCC meeting of December 11, 2012, under agenda item 10.AB, the BCC authorized the County Manager to sign a notice to terminate the Red Light Camera contract between Collier County and ATS, effective February 28, 2013 and directed that all red light cameras be duly removed from all intersections in accordance with the ATS contract. On February 10, 2009, Collier County entered into a contract agreement 08-5132 with ATS to provide services for the implementation of the Traffic Infraction Detector Program (TID), also known as the "Red Light Running Camera Enforcement System," as provided in the Collier County Intersection Safety Ordinance as amended. The purpose of the TID program is to promote, protect and improve the health, safety and welfare of individuals and to protect property. The use of unmanned cameras can be an effective means to encourage vehicle owners to obey traffic control devices, thereby freeing law enforcement personnel and other resources to be more efficiently utilized in responding to other offenses. Collier County Sheriff Kevin Rambosk strongly supports the Red Light Camera program and believes the program had merit when it was initiated and still has merit today in helping to make our streets safer. Since implementation of the Red Light Camera Enforcement program, the Sheriff has found it to be an efficient use of resources and technology, and it has resulted in an observable change in driving behavior. The Sheriff has requested that all factors, including efficiency, safety and community desire be considered before terminating the Collier County Red Light Camera program. Implementation of the Mark Wandall Traffic Safety Act requires the Department of Highway Safety and Motor Vehicles (DHSMV) to provide a summary report on the use of traffic infraction enforcement detectors (red light cameras) used to enforce red light violations. There are seventy-three (73) agencies in the State of Florida that utilize camera enforcement and provided data for the summary report. During the reporting period of July 1, 2011 through June 30, 2012, the agencies reported issuing 999,929 Notices of Violations at 404 intersections. It was reported that the most common outcome since the installation of red light cameras is a decrease in rear-end and side-impact traffic crashes. In addition to the decrease in total crashes, it was reported that traffic safety improved throughout the jurisdiction as drivers were more cautious when approaching all intersections. Currently in Collier County nineteen (19) approaches at ten (10) intersections are monitored for red light camera enforcement. Left turn and straight thru movements are monitored, but right turns are not monitored. In 2012, 10,834 Notice of Violations were issued, averaging 903 violations per month. The fine amount of$158 is established by the Mark Wandall Traffic Safety Packet Page -98- 2/12/2013 10.E. Act. Seventy-five dollars ($75) of the fine is retained by the County and the balance retained by the State of Florida. The program is administered by ATS with violations reviewed by the Sheriffs Office and program management by County staff. FISCAL IMPACT: The reoccurring cost for the administration of the TID Program by ATS of $28,500.00 per month is paid from the Intersection Safety cost center specifically for this program within the General Fund (001) from revenues received from the traffic violations processed through the TID Program. The TID Program was designed to be cost neutral. GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. By letter dated December 11, 2012 to ATS, Collier County exercised its right to terminate the parties' agreement, effective March 1, 2013. If the County now wishes to continue a relationship with ATS, and if ATS wishes to continue a relationship with the County, the parties must negotiate and enter into a new agreement. Alternatively, the parties by written agreement can elect to treat the December 11, 2012 notice to terminate as void ab initio (from the beginning) and continue the current arrangement. This item does not violate the County's Reconsideration Ordinance, as the recommendation posed here is materially different from the Board's action of December 11, 2012. This item is legally sufficient, and requires majority vote for approval. -JAK RECOMMENDATION: To direct staff to negotiate and bring back to the Board at its next meeting a new Red Light Camera agreement between Collier County and American Traffic Solutions Incorporated (ATS), and that given the upcoming March 1st deadline with ATS, as well as the infrastructure and procedural processes in place, that the Board waive any requirement for formal competition for this work. Prepared by: Commissioner Donna Fiala Attachments: 1. Letter from Sheriff Rambosk dated December 10, 2012 2. Red Light Camera Program Analysis prepared by the Florida highway Patrol dated December 28, 2012. Packet Page-99- 2/12/2013 10.E. COLLIER COUNTY Board of County Commissioners Item Number: 10.10.E. Item Summary: Recommendation to direct staff to negotiate and bring back to the Board at its next meeting a new Red Light Camera agreement between Collier County and American Traffic Solutions Incorporated (ATS), and that given the upcoming March 1st deadline with ATS, as well as the infrastructure and procedural processes in place, that the Board waive any requirement for formal competition for this work. (Commissioner Fiala) Meeting Date: 2/12/2013 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 2/3/2013 3:01:25 PM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 2/3/2013 3:01:27 PM Approved By Name: OchsLeo Title: County Manager Date: 2/5/2013 9:32:50 AM Packet Page-100- 2/12/2013 10.E. 3£ A SAFER F1 I:,_;::....... HIGHWAY SAFETY ANDMOTOR VEHICLES RED LIGHT CAMERA PROGRAM ANALYSIS INTRODUCTION Section 316.0083, Florida Statutes, directs the Department of Highway Safety and Motor Vehicles (DHSMV) to provide a summary report on the use of traffic infraction enforcement detectors (red light cameras) used to enforce red light violations. The statute specifies three areas to be addressed in the report; statistical data, enhancement to traffic safety, and procedural information. This summary is a compilation of information the DHSMV received from local counties and municipalities (agencies)through an on-line questionnaire. METHODOLOGY Agencies were requested to participate by completing an online questionnaire which captured 4. selected activities and agency data. The online Florida Red Light Camera Annual Report Survey was the primary instrument used to gather data for this report and consisted of 9 multiple choice and 15 free form data elements. Each agency entered data specific to red light camera utilization between July 1, 2011 and June 30, 2012. In total, 73 agencies responded to the online survey in accordance with reporting requirements set forth in Florida Statute.l The information requested specific to red light camera implementation and program operations included: • Rating factors used to select red light camera locations • Number of intersections utilizing red light cameras • Comparison of intersection data before and after red light camera installation for: • Total crashes • Side-impact crashes • Rear-end crashes • Number of Notices of Violation issued • Personnel responsible for Notices of Violation • Number of Notices of Violation challenged • Personnel responsible for reviewing notice of violation challenges • Number of Notices of Violation dismissed after challenged • Number of Uniform Traffic Citations issued for red light camera violations • Personnel responsible for issuing Uniform Traffic Citations • Policies regarding enforcement of red light violations while making right-hand-turns Packet Page-101- 2/12/2013 10.E. • ANALYSIS Seventy-three agencies reported collectively throughout the State of Florida there are 404 intersections with red light cameras installed. During the reporting period of July 1, 2011 through June 30, 2012,these agencies reported issuing 999,929 Notices of Violation. Agencies also captured data regarding Notices of Violation challenged and reported 20,064 challenges. Of those violations challenged, 14,065 were dismissed. Thus, nearly 70% of violations challenged are dismissed. (950 challenges pending at the time of this report) Florida Statutes provides for the issuance of a Uniform Traffic Citation (UTC) when a notice of violation is not paid within 30 days of receipt. In all, 66 agencies issued 265,783 UTCs based on red light camera violations. Each agency surveyed was asked to rate the factors below, from most to least important, used in selecting an intersection for red light camera installation. Table 1 Factors Used to Select Intersections for Camera Installation (rated 1-5 by importance) Response Most(1) (2) (3) (4) Least(5) Count Traffic Crash Data 39 11 9 3 8 70 Traffic Citation Data 4 18 18 20 11 71 Citizen Complaints 7 17 14 18 15 71 Law Enforcement Officer 7 18 22 22 2 71 Observations Video Survey of 14 8 8 6 34 70 Violation While a majority of agencies listed traffic crash data as the primary consideration for placement of the cameras,the data demonstrates that 44%did not consider this first when placing cameras. However as depicted in Tables 2, 3 and 4, the most common outcome since the installation of red light cameras is a decrease in traffic crashes. Forty-three percent noticed a reduction in side- impact crashes, 41% of the agencies surveyed experienced a reduction in rear-end crashes, while 56%of the agencies experienced a total reduction in crashes at red light camera intersections. Table 2 Red Light Camera Side-Impact Crash Outcome Response Response Percent Count Increased 11.0% 8 Decreased 43.8% 32 Remained the same 15.1% 11 No data available 30.1% 22 Respondents 73 Packet Page-102- 2/12/2013 10.E. Table 3 Red Light Camera Rear-End Crash Outcome Response Response Percent Count Increased 22% 16 Decreased 41% 30 Remained the same 6.8% 5 No data available 30% 22 Respondents 73 Table 4 Red Light Camera Total Number of Crashes Outcome Response Response Percent Count Increased 15% 11 Decrease 56.2% 41 Remained the same 9.6% 7 No data available 19.2% 14 Respondents 73 Agencies were asked to provide information regarding additional improvements in traffic safety stemming from the implementation of red light cameras. The most common improvements cited were: reductions in drivers running red lights at intersections using cameras; reductions in red light violations observed by law enforcement at all intersections; and an increase in cautious driving,jurisdiction-wide. Agencies were asked to provide a breakdown of personnel issuing Notices of Violation, reviewing challenges to Notices of Violation, and issuing UTCs. Nearly 70% of agencies reported some participation by sworn law enforcement officers for each of these functions. These results are depicted in Tables 5-7 below.2 Table 5 Personnel Issuing Notices of Violation Response Response Percent Count Vendor 23.2% 17 Non-Sworn Government Employee 23.2% 17 Sworn Employee 71.2% 52 Other 5.5% 4 Packet Page -103- 2/12/2013 10.E. Table 6 Personnel Reviewing Notice of Violation Challenges Response Response Percent Count Vendor 16.4% 12 Non-Sworn Government Employee 27.3% 20 Sworn Employee 68.5% 50 Other 12.3% 9 Table 7 Personnel Issuing Uniform Traffic Citations Response Response Percent Count Vendor 26% 19 Non-Sworn Government Employee 19% 14 Sworn Employee 68.5% 50 Other 11% 8 Pursuant to s. 316.0083, F.S. "A notice of violation and a traffic citation may not be issued for failure to stop at a red light if the driver is making a right-hand turn in a careful and prudent manner at an intersection where right-hand turns are permissible." Agencies were asked whether they issued such notices for right-hand turn violations and had a policy defining "careful and prudent manner". The results are depicted in Tables 8 and 9. Table 8 Notices of Violation & Citations for Right-Hand Turns on Red Lights Response Response Percent Count Yes 62.5% 45 No 37.5% 27 Respondents 72 Table 9 Agency Policy Defining"Careful and Prudent Manner" Response Response Percent Count Yes 22.5% 16 No 77.5% 55 Respondents 71 Packet Page-104- 2/12/2013 10.E. Several agencies utilized the Careful Driving statute, s. 316.1925 F.S. to define "careful and prudent manner". Others agencies utilized a more objective process and determined that drivers proceeding in a careful manner, not violating the right of way of other vehicles or pedestrian traffic, were acting in a careful and prudent manner. CONCLUSIONS Agencies reported that historical traffic crash data and law enforcement observation were the top two factors used to select red light camera locations. In most cases, Notices of Violation were issued and reviewed by sworn agency employees. And while violations were rarely challenged, more than 70% of those challenged were ultimately dismissed. In cases where Notices of Violation were not paid or dismissed, sworn employees were responsible for issuing the majority of Uniform Traffic Citations. Section 316.0083, F.S. states that "a notice of violation and a traffic citation may not be issued for failure to stop at a red light if the driver is making a right-hand turn in a careful and prudent manner at an intersection where right-hand turns are permissible." Of the 73 agencies which submitted data, 44 actively issue Notices of Violation and citations for right-hand turns on red signals. However, only 16 agencies reported having a policy defining "a careful and prudent manner". With regards to crash data,the most common outcome was a decrease in rear-end and side- impact crashes. In fact, a majority of agencies reported decreases in the total number of crashes at red light camera intersections. Lastly, agencies reported that in addition to the decrease in total crashes,traffic safety improved throughout the jurisdiction as drivers were more cautious when approaching all intersections. Prepared by: Florida Highway Patrol Office of Strategic Services December 28, 2012 Agencies using red light cameras are required to report summary data annually to the Department of Highway Safety and Motor Vehicles. To ensure that all required data was reported in a timely manner, the Department attempted to ident jurisdictions with active red light camera programs by compiling lists of the following: • agencies which requested UTC's specifically related to red light camera violations • agencies which submitted UTC's for red light camera violations; • agencies identified by the Department of Revenue as having received revenue from red light camera citations. Identified agencies were provided with instructions and a link to the on-line questionnaire. The Florida Sheriff's Association and Florida Police Chiefs Association were provided data reporting procedures for distribution the member agencies. In addition, a red light camera vendor informed participating client agencies of the Department's reporting guidelines. 2Note:Agencies were asked to select all applicable personnel categories and as such, there are more responses than respondents. Percentages, however, remain indicative of total respondents. Packet Page -105- 2V12/2013 10.E. s| U]RUl K[V|N j K/\M|\()SK . ,�' • = ~ * AB ;�i���� � § 0 °~c-3,1 December 10, 2012 Commissioner Fred Coyle, Chairman Board of County Commissioners 3299 Tamiami Trail East,Suite 303 Naples, FL 34112-5746 Dear Chairman Coyle and Board of County Commissioners: Late last week I was advised of an agenda item regarding the termination of the Collier County Red Light Camera Program contract. I regret I am unable to attend the meeting due to a previous commitment, however, I wish to state for the record that I continue to strongly support the Red Light Camera Program. ( believe the program had merit when initiated and still has merit today in helping to make our streets safer. Our participation and consideration for supporting the use of red light camera systems developed from resident and home owners associations' inquiries regarding unsafe traffic conditions and the absence of red light cameras to aid in enforcement. The significant amount of public inquiry about utilizing red light cameras systems prompted our interest as a law enforcement agency to consider cameras as an additional tool in our traffic enforcement efforts. Our research indicated the potential for continuing to enhance traffic safety through awareness, prevention and operational enforcement programming with the use of technology, i.e. a red light camera system. Since implementation of the red light camera enforcement program we have found it to be an efficient use of resources and technology. Along with our continued field operational enforcement efforts, the cameras have resulted in an observable change in driving behavior. These efforts have all but eliminated citizen complaints about red light runners. Regardless of the method of enforcement, every citation issued represents a violation of a Florida traffic statute. As you are aware the state of Florida has authorized and sanctioned the use of red light cameras as a traffic enforcement mechanism for correcting poor driver behavior and as an additional means of promoting safe driving. in conclusion, I would ask you to consider all factors including efficiency, safety and community desire before terminating the Collier County Red Light Camera Program. Sincerely, �@@0 ' ~ Kevin ���`"mmt_�~../ ./ / '����''� a = ^^^. �/4� /w*C������ ~e�• ze;" oy Packet Page-106-