problems in greenville from coxs news serviceGREENSBORO – High...

problems in greenville from coxs news service

GREENSBORO – High Point will probably suspend use of red-light cameras after a judge ruled Tuesday that the county schools are entitled to 90 percent of the fines collected through the program.

High Point is appealing the ruling of Superior Court Judge A. Moses Massey. The outcome could shut down red-light camera use statewide – including ones installed in Greenville – since municipalities say most of the money generated by the cameras is needed for expenses.

As a result of the ruling, High Point may have to pay the schools $1.3 million to $1.5 million.

‘‘That's money we don't have,'' High Point Mayor Becky Smothers said.

Greenville officials also are keeping an eye on the High Point case.

The results of the pending appeal "would establish the precedent that would govern our situation," Greenville City Attorney Dave Holec said.

Greenville installed two cameras on Dec. 27 at two Memorial Drive intersections.

Redflex, the outfit that installed and operates the cameras, was scheduled to start giving out tickets Jan. 27 after 30 days of issuing warning tickets. Redflex agreed to continue issuing warning citations for another 30 days while the city looks at the court's decisions.

Under the new agreement with Greenville, Redflex will begin issuing tickets Feb. 25, Holec said.

He said the city is "concerned" about the judge's decision Tuesday. City officials are in negotiations with Redflex "and reviewing our options to address the potential impacts of this decision."

As with High Point, most of the fees from tickets issued through the automated cameras in Greenville would go to the system operator.

High Point's contract with Peek Traffic, which runs the program, obligates the city to pay $27 to $35 for every $50 citation collected. The city will lose money if forced to also pay the school district an additional $45 for each citation.

‘‘I'm pretty sure we'll probably suspend the program,'' Smothers said.

The city is negotiating with Peek Traffic about terminating its contract, which is due for renewal in March, City Attorney Fred Baggett said.

The ruling stems from a 2001 lawsuit filed by High Point resident Henry Shavitz, who had been cited and refused to pay the $50 fine.

Superior Court Judge Lindsay R. Davis Jr. ruled in December 2004 that the state constitution requires High Point to give the ‘‘clear proceeds'' generated by the red-light camera citations to the school district.

Lawyers for the school district and the city debated during a Jan. 31 hearing what ‘‘clear proceeds'' meant. School board attorneys argued that the state constitution and state law mandates that High Point can only deduct 10 percent of the proceeds from the red-light camera program to cover the cost of running the program, leaving the remaining money for the school board.

Attorneys representing the city argued ‘‘clear proceeds'' means ‘‘net proceeds,'' allowing the city to deduct all expenses before turning the money over to the school system.

School system officials said Tuesday they were willing to work with High Point to resolve the issue before the state Court of Appeals could rule in the case.

‘‘We would certainly be committed to have any kind of discussions to work through it,'' said school board Chairman Alan Duncan.

School officials said the state's constitution is clear about how much money the school system is entitled to receive from the red-light camera fines.

And the school system has to protect its future interest in money it earns from penalties levied from things such as parking, building code and air pollution fines, said Jill Wilson, the school board's attorney.

The New Hanover County school system has also demanded that the city of Wilmington hand over 90 percent of its red-light ticket revenues.

City officials have not yet responded to the request, said Wilmington City Attorney Tom Pollard.

High Point City Council member Latimer Alexander, who chairs the council's public safety committee, is unhappy with the court rulings.

‘‘I'm disappointed that the red-light program is threatened because I feel the program has made the streets of High Point safer,'' he said.