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Youngstown slams brakes on plan to buy vehicles with speed-camera funds

YOUNGSTOWN — Struggling to spend the money it’s collecting from its speed camera program in school zones, the city will stop its most-expensive proposal for the fund because the purchase violates state law.

City Finance Director Kyle Miasek told council’s safety committee Thursday that a proposal to spend $211,251 to purchase three vehicles to be used by the Youngstown school district’s resource officers is not permissible under state law.

“The city cannot purchase equipment and transfer it or donate it to a noncity entity,” Miasek said. “We are required — if I’m going to declare anything surplus, it has to then be auctioned off to the high bidder.”

He added: “We cannot purchase any vehicle with any city money for any piece of equipment and actually give it to another entity. It is a taxpayer paid-for asset of the city and under the rules of the state, I am required to declare that surplus and then auction it off at the highest value that it could attain.”

Council on Dec. 18 postponed a vote to buy the three vehicles — 2025 Ford Interceptor Utility SUVs — and then turn them over to the school district because of concerns raised right before that meeting.

Jason Smalls, a senior assistant law director, wrote in a letter a couple of hours before that meeting to Miasek and Law Director Lori Shells Simmons — and obtained Thursday by The Vindicator — that “brand new police cruisers cannot be ‘transferred’ or ‘donated’ to the board of education outright; such personal property would be subject to the auction provisions” of state law “after a finding of no need for a municipal purpose.”

A. Joseph Fritz, a senior assistant law director, said Thursday, “We can’t give a motor vehicle to another subdivision in Ohio. As presented, we cannot do this.”

At Miasek’s request, the safety committee voted Thursday to recommend the legislation, sponsored by Mayor Jamael Tito Brown, be defeated at council’s next meeting, Feb. 5.

Miasek said there’s a “possibility” of the administration seeking new legislation at council’s Feb. 19 meeting to have city police officers use these vehicles “around schools,” which “would potentially qualify” as a permissible use of the speed camera money.

Under state law that restricts the use of speed cameras, Youngstown can use its share of the citation collection revenue only for school safety resources.

That has been an ongoing problem.

The city collected $596,878 in the fund from 2023 when the program lasted for just a few months. The speed cameras were turned on again Sept. 18.

The city received $116,174 in speed camera revenue from Sept. 18 until Nov. 30.

But council has spent just $52,000 — approved Nov. 20 — to purchase a surveillance trailer with two cameras from Blue Line Solutions from the $713,052 in total collected from speed citations.

Blue Line is the Chattanooga, Tennessee, company that operates the school-zone cameras and keeps 35% of the citations collections with Youngstown getting the other 65%.

Councilwoman Samantha Turner, D-3rd Ward, said: “Herein lies the problem, we have no procedure for how we spend these dollars,” and by giving money to the school district “it exposes our Local Government Fund.” The city gets more than $2 million annually in LGF, Miasek said.

The safety committee agreed Thursday to recommend council spend $55,751 to buy three metal detectors that would be placed in the school district when classes are in session and could be used by the city at other times as long as a majority of its use is in schools. The city would retain ownership of the metal detectors to abide by state law, Miasek said. The metal detector legislation was also postponed at council’s Dec. 18 meeting.

Turner called the city’s use of the metal detectors “a reach” and expressed concern about possibly violating state law and putting state funding for the city in jeopardy.

“It’s the gray area that I think we are trending too much into,” she said.

Fritz said there’s no defined list in state law about how to use the speed camera money except that it’s for school purposes and that the city maintains ownership.

Miasek said: “I’m comfortable this is going to qualify. I’m going to find out for sure in the fall of 2025 when the state submits its second reimbursement to the city for our Local Government Funds.”

CAMERAS RETURN

The city had the speed cameras in school zones turned back on Sept. 18 after having them shut off in 2023 after about three months of use. The cameras were turned off during a lengthy dispute between the city administration and the courts about how appeals of speed citations would be handled.

The two sides finalized an agreement Aug. 21.

The city implemented the speed cameras in phases beginning Feb. 21, 2023. They were turned off between May 18 and June 2, 2023, when classes ended. The cameras were supposed to be turned back on Sept. 18, 2023, when classes resumed, but it took a year because of the disagreement.

The city’s share in 2023 was $596,878 with Blue Line getting $321,396.

In the three months of enforcement in 2023, 22,424 speeding citations were issued.

The collection rate of the citations was no higher than 41% and almost certainly lower based on penalties. When the city restarted the program, it chose to wipe the slate clean and not go after the thousands who hadn’t paid or those who contested the citations. About 300 contested the citations.

Miasek said the city received $116,174 through the end of November with Blue Line paying last month. Blue Line received $62,555 based on the percentages.

Police Lt. Robert Gentile, the department’s head of accident investigation and traffic unit who handles the speed camera program, didn’t respond Thursday to requests from The Vindicator to find how many speeding citations were issued between Sept. 18 and Nov. 30.

Motorists caught going at least 11 mph over the speed limit and up to 14 mph over it face a civil penalty of $100. Those going 15 to 20 mph over the limit face a $125 penalty, and those traveling faster than 20 mph over the limit face a $150 penalty. They do not get points on their driving record for the citations.

Cameras are in use on school days from the time children head to class until 6 p.m. They aren’t used on weekends, during the summer and on days when class is not in session.

During the two hours in the morning that students go to school, and the two hours when they leave, the speed limit in those zones is 20 mph. In between and after school ends, the speed limit is 25 and 35 mph depending on the location.

Flashing beacons in school zones blink a yellow light before, during and after arrival and dismissal times for each school to indicate the 20 mph reduced speed limit. The beacons don’t warn drivers that the cameras are on during other times of the day.

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