Reso 2011-1745 - Laserfiche WebLink

Home Browse Search

City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Ede1cup, Mayor Lewis Thaler, Vice Mayor Isaac Aelion, Commissioner Jeanette Gatto, Commissioner George "Bud" Scholl, Commissioner Alan J. Cohen, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM TO: The Honorable City Commission FROM: Hans Ottinot, City Attome~ DATE: June 21,2011 RE: Rodriguez v City of Sunny Isles Beach - Case No. 10-35197-CA 30 (Red-Light Camera Lawsuit- Ordinance based Program) RECOMMENDATION: The Resolution authorizing the settlement of the above-referenced case IS presented for your consideration. REASONS: Prior to permanently suspending the City's Red Light Camera Program, The City of Sunny Isles Beach operated its own red light camera program pursuant to a Red-Light Camera Ordinance adopted prior to the state law change in 2010. On or about June 23, 2010, the City and its vendor, American Traffic Solutions (A TS), were sued challenging the City's ability to implement a red light camera program pursuant to the adopted Ordinance. The case seeks class action certification for all individuals that paid for the violations under the City's program. The total received by the City pursuant to its ordinance-based program (prior to July 1, 2010) is approximately $150,431.85. Of that amount, ATS is owed approximately $38,935.00. The City has withheld payment to ATS for the ordinance-based program. The City is entitled to $111,165.00 from the fines collected under the Red Light Camera Program. Staff will verify all amounts before execution of any settlement agreement. At about the same time or before the City was sued, several other local governments that established an ordinance-based program prior to July 1, 2010, were also sued with the same nature of claims. Some of those cases have proceeded to trial with mixed results, and the case involving the City of A ventura is pending on appeal before the Third District Court of Appeal. A TS is the vendor in all of these cases. The City Attorney currently represents the City in this matter because A TS has refused to provide legal representation to the City.