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Minutes 01-09-14 MINUTES OF THE RED LIGHT CAMERA VIOLATION HEARINGS HELD O THURSDAY, JANUARY 9, 2014, AT 9:00 A. M., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Ankur Sevak, Special Magistrate Shana Bridgeman, Assistant City Attorney Officer Anthony Petriello, Boynton Beach Police Department Officer Anthony Verrigni, Boynton Beach Police Department 1. Call to Order Special Magistrate, Ankur Sevak, welcomed all to the meeting at 9:00 a.m. He explained the Hearing procedures. The Hearing is to determine, pursuant to Florida Statutes, whether the vehicle the Petitioner was driving did go through an intersection with a solid red light and if any exceptions apply. Examples of exceptions were if a fire engine was behind the vehicle, an officer directed the Petitioner to do so, or there was a funeral procession in which they had authority to go through the intersection. If exceptions applied, the Petitioner was supposed to separately file an affidavit stating their circumstance. If there was any other reason the Petitioners thought the violation was in error, they appealed the determination. The Hearing provides the opportunity for the Petitioners to state their case. The appeals will be called based on the order Petitioners signed in. The Petitioners will speak and the Officer will give testimony and evidence why they received the violations. Mr. Sevak announced Petitioners have the opportunity to pay the ticket without additional fees now and pointed out that after reviewing the evidence, if the violation is upheld, additional fees would be applied. He also requested the Petitioners state their address on record so mailings to them would be received. Amendments to the Agenda None. Swearing in Witnesses The Clerk administered an oath to all those intending to testify. IV. Violation Hearings: Failure to comply with a steady red signal Dorne, Renee R. Notice No. 1851300119190 Officer Petriello, Boynton Beach Police Officer, explained the vehicle was registered to the Petitioner. On September 10, 2013, at 8:55 a.m., the vehicle was crossing an Hearing Minutes Red Light Camera Violations Boynton Beach, FL January 9, 2014 intersection at Woolbright Road and Congress Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on September 17, 2013. Renee Donne, 9760 Pavarotti Terrace, Villa 102, explained she was guilty. She reviewed the video and explained her circumstances which pertained to issues with her operating a new car and the adjustment of the car mirror. After considering the evidence and testimony presented, Mr. Sevak, dismissed the violation. Cusa, Maritiza Isabel Notice No. 1851300130460 Officer Petriello explained the vehicle was registered to the Petitioner. On October 1, 2013, the vehicle was crossing an intersection at SE 23` Avenue and South Federal Highway. Jacqueline Cusa, the daughter of the Petitioner, explained the car was registered to her mother who was not present. Mr. Sevak explained her mother was to have filed a Transfer of Liability Affidavit within 60 days saying she was not driving the vehicle. He explained anything that occurs with the vehicle attaches to the owner, which was the mother. He opted to hear the case in abstentia. Ms. Cusa reviewed the video and explained her circumstance which pertained to her becoming distracted by Police vehicles in front and behind her car. After considering the evidence and testimony presented, Mr. Sevak upheld the violation for Notice No. 1851300130460 and noted for the record Jacqueline Cusa appeared on behalf of Ms. Isabel Cusa who did not sign a Transfer of Liability Affidavit. He did not want the violation to be on the other's driving record and requested she remain and she would be advised how to proceed. Bruzzese, Lillian C. Notice No. 1851300126229 Officer Petriello explained the vehicle was registered to the Petitioner. On September 23, 2013, at approximately 4:34 p.m., the vehicle was crossing an intersection at SE 23rd Avenue and South Federal Highway. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on October 2, 2013. Lillian Bruzzese, 1507 SW 17 Avenue, explained she did not run the red light. She reviewed the video and explained her circumstance which pertained to being unfamiliar with that area of the City. 2 Hearing Minutes Red Light Camera Violations Boynton Beach, FL January 9, 2014 After considering the evidence and testimony presented, Mr. Sevak upheld the violation for Notice No. 1851300126229. Berg, Gary 1. Notice No. 1851300128092 Officer Petriello explained the vehicle was registered to the Petitioner. On September 27, 2013, at approximately 11:52 p.m., the vehicle was crossing an intersection at Congress Avenue and Gateway Boulevard. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on October 4, 2013. Gary Berg reviewed the video and explained his circumstance which pertained to obstructed sight lines. After considering the evidence and testimony presented, Mr. Sevak dismissed the violation. Bellinson, Arthur Paul Notice No. 1851300095051 Officer Petriello explained the vehicle was registered to the Petitioner. On July 7, 2013, the vehicle was crossing an intersection at Woolbright Road and Congress Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on July 30, 2013. Arthur Bellinson, 8796 Shoal Creek Lane, reviewed the video and explained his circumstance pertaining to an emergency. Mr. Bellinson had documentation which Mr. Sevak reviewed. After considering the evidence and testimony presented, Mr. Sevak dismissed the violation. Chaiser, James R. Notice No. 1851300098725 James R. Chaiser, 1035 Arezzo Circle, explained he just wanted to pay the fine. Mr. Sevak advised him how to do so. Bethesda Memorial Hospital Notice No. 1851300129553 Officer Petriello explained the vehicle was registered to the Petitioner. On September 30, 2013, the vehicle was crossing an intersection at Congress Avenue and Woolbright Road. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on October 4, 2013. 3 Hearing Minutes Red Light Camera Violations Boynton Beach, FL January 9, 2014 Harold Lutch, on behalf of Bethesda Memorial Hospital, 2815 S. Seacrest Boulevard, the driver of the vehicle, reviewed the video and explained his circumstance which pertained to him turning and believing he went through a yellow light. After considering the evidence and testimony presented, Mr. Sevak upheld the violation for Notice No. 1851300129553. Adams, Sameh Notice No. 1851300111445 Sameh Adams, explained he moved and at one time was between residences. His new address was 2559 Hypoluxo Road, Lantana, and he explained he timely filed the Transfer of Liability Affidavit. He did not have a copy of it with him. Mr. Adams explained an individual named Jimmy Smith of North Carolina, was driving the vehicle, and he is no longer in contact with him. After considering Mr. Adams' circumstances, Mr. Sevak decided to reschedule the Hearing and advised Mr. Adams would be notified of the date. Davidson, Dana Hope Notice No. 1851300106924 Officer Petriello explained the vehicle was registered to the Petitioner. On August 9, 2013, at about 11 :55 a.m., the vehicle was at an intersection at Congress Avenue and Woolbright Road. Officer Pierre reviewed the electronic evidence and photographs and issued a Notice of Violation on August 14, 2013. Dana Davidson, 7763 Southhampton Terrace, Apt 113, Tamarac, reviewed the video and explained her circumstance which pertained to obstructed visibility. After considering the testimony and evidence presented, Mr. Sevak upheld the violation for Notice No. 1851300106924. Giannei- Cohen, Natalie Ann Notice No. 1851300123564 Officer Petriello explained the vehicle was registered to the Petitioner. On September 19, 2013, at 12:31 p.m., the vehicle was at an intersection of Congress Avenue and Gateway Boulevard. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on September 27, 2013. Steven Cohen, 105 Churchill Way, Manalapan, an attorney and the husband of the Petitioner, reviewed the video. He could not explain her circumstance, but requested the violation be dismissed. Mr. Sevak explained the Notice was not pursuant to the Florida Rules of Traffic Court. 4 Hearing Minutes Red Light Camera Violations Boynton Beach, FL January 9, 2014 After considering the testimony and evidence presented, Mr. Sevak dismissed the violation. Flores Velazquez, Jose A. Notice No. 1851300109522 Officer Petriello explained the vehicle was registered to the Petitioner. On August 14, 2013, at 2:41 p.m., the vehicle was at an intersection at Boynton Beach Boulevard and Congress Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on August 21, 2013. Fabio Ramos, friend of the Petitioner, translated in Spanish and English for Jose Flores, 5612 SE 37 Street, Greenacres. Mr. Ramos and Mr. Flores were administered an oath and reviewed the video. Mr. Ramos explained Mr. Flores' circumstance which pertained to him owning a scooter of a different color and he was not driving the scooter in the photograph. The scooter depicted in the City's evidence had different tail lights than the Petitioner's. Mr. Flores produced a photograph of his scooter and ownership documents verifying his testimony. After considering the testimony and evidence presented, Mr. Sevak dismissed the violation. Champagne, Marie Kattia Notice No. 1851300109662 Officer Petriello explained the vehicle was registered to the Petitioner. On August 16, 2013, at 11:57 a.m., the vehicle was at an intersection at Gateway Boulevard and Congress Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on August 21, 2013. Kattia Champagne, 3260 E. Atlantic Drive, reviewed the video and explained her circumstance which pertained to turning and a stopped vehicle. After considering the testimony and evidence presented, Mr. Sevak upheld the violation as contained in Notice No. 1851300109662. Caruso Korngold, Pamela A. Notice No. 1851300113235 Officer Petriello explained the vehicle was registered to the Petitioner. On August 26, 2013, at 7:48 a.m., the vehicle was at an intersection at South Federal Highway and SE 23 Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on September 6, 2013. Pamela Korngold, 22098 Serenata Circle East, Boca Raton, reviewed the video and explained her circumstance which pertained to her selling her car and the license plates being stolen. This was reported to the Sheriff's Department. She had documents in 5 Hearing Minutes Red Light Camera Violations Boynton Beach, FL Jan uary 9, 2014 support of her testimony she submitted to Mr. Sevak. She did not know who was driving the vehicle. After considering the testimony and evidence presented. Mr. Sevak dismissed the violation. Dailey, Jason S. Notice No. 1851300134967 Officer Petriello explained the vehicle was registered to the Petitioner. On October 11, 2013, at 11:45 a.m., the vehicle was at an intersection at South Federal Highway and SE 23 Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on October 16, 2013. Jason Dailey, 20968 Certosa Terrace, Boca Raton, reviewed the video and explained his circumstance which was the vehicle belonged to his wife and it was in the body shop at the time the violation occurred. Mr. Dalley had documents he submitted in support of his testimony. He sent in the Transfer of Liability Affidavit with the receipt and did not know who was driving the vehicle. After considering the testimony and evidence presented, Mr. Sevak dismissed the violation. Hubbard, Theresa Elllen Notice No. 1851300135063 Officer Petriello explained the vehicle was registered to the Petitioner. On October 11, 2013, at 2:22 p.m., the vehicle was at an intersection at South Federal Highway and SE 23 Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on October 16, 2013. Theresa Hubbard, 7076 Charleston Point Drive, Lake Worth, reviewed the video and explained her circumstance which pertained to her allowing family members to use the vehicle. She had no recollection of the incident and family members did not take responsibility for the violation. Mr. Sevak explained the different options available to Ms. Hubbard and withheld adjudication. After a brief discussion it was explained she would receive a final judgment in the mail and the fee was $208. To accommodate a short break, Mr. Sevak recessed the meeting at 19:11 a.m. and reconvened the meeting at 11 :20 p.m. 6 Hearing Minutes Red Light Camera Violations Boynton Beach, FL January 9, 2014 Ford, Anne Denise Notice No. 1851300142192 Officer Verrigni, Boynton Beach Police Department, explained the vehicle was registered to the Petitioner. On October 30, 2013, at 3:51 p.m., the vehicle was at an intersection at South Federal Highway and SE 23` Avenue. Officer Verrigni reviewed the electronic evidence and photographs and issued and mailed a Notice of Violation on November 6, 2013. Mr. Sevak viewed the video and still photographs. Ms. Ford was not present. After considering the evidence, and in the absence of any live testimony or affidavit, Mr. Sevak upheld the violation as contained in Notice No. 1851300142192. Abrams, Joan Stern Notice No. 1851300131682 Officer Petriello explained the vehicle was registered to the Petitioner. On October 3, 2013, at 7:21 p.m., the vehicle was at an intersection at South Federal Highway and SE 23` Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued and mailed a Notice of Violation on October 11, 2012 sic (2013.) Mr. Sevak viewed the video and photographs. Ms. Abrams was not present. After considering the evidence, and in the absence of any live testimony or affidavit, Mr. Sevak upheld the violation as contained in Notice No. 1851300131682. Blutcher, Pamela Janine Notice No. 1851300110215 Officer Petriello explained the vehicle was registered to the Petitioner. On August 17, 2013, at 7:13 p.m., the vehicle was at an intersection at Gateway Boulevard and Congress Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued and mailed a Notice of Violation on August 23, 2013. Mr. Sevak viewed the video and photographs. Ms. Blutcher was not present. After considering the evidence, and in the absence of any live testimony or affidavit, Mr. Sevak upheld the violation as contained in Notice No. 1851300110215. Castano, Joanna Notice No. 1851300107120 Officer Petriello explained the vehicle was registered to the Petitioner. On August 9, 2013, at 6:42 p.m., the vehicle was at an intersection at Congress Avenue and Gateway Boulevard. Officer Pierre reviewed the electronic evidence and photographs and issued and mailed a Notice of Violation on August 14, 2013. Mr. Sevak viewed the video and photographs. Ms. Castano was not present. After considering the evidence, and in the absence of any live testimony or affidavit, Mr. Sevak upheld the violation as contained in Notice No. 1851300107120. 7 Hearing Minutes Red Light Camera Violations Boynton Beach, FL January 9, 2014 Donovan, Patrick Brian Notice No. 1851300128282 Officer Petriello explained the vehicle was registered to the Petitioner. On September 27, 2013, at 3:20 p.m., the vehicle was at an intersection at South Federal Highway and SE 23 Avenue. Officer Pierre reviewed the electronic evidence and photographs and issued and mailed a Notice of Violation on October 4, 2013. Mr. Sevak viewed the video and photographs. Mr. Donovan was not present. Mr. Sevak noted Mr. Donovan's address for the record as: 2081 SW 15 Road, Apt 1 -104, Boynton Beach, FL 33426. After considering the evidence, and in the absence of any live testimony or affidavit, Mr. Sevak upheld the violation as contained in Notice No. 1851300128282. Elliott, Karen Renee Notice No. 1851300105959 Officer Petriello explained the vehicle was registered to the Petitioner. On August 7, 2013, at 6:25 a.m., the vehicle was at an intersection at Gateway Boulevard and Congress Avenue. Officer Pierre reviewed the electronic evidence and photographs and issued and mailed a Notice of Violation on August 13, 2013. Mr. Sevak viewed the video and photographs. Ms. Elliott was not present. After considering the evidence, and in the absence of any live testimony or affidavit, Mr. Sevak upheld the violation as contained in Notice No. 1851300105959. Fields, Dathan Notice No. 1851300114258 Officer Petriello explained this violation involved a Transfer of Liability Affidavit to Mr. Fields. On August 29, 2013, at 9:06 a.m., the vehicle was at an intersection at Congress Avenue and Woolbright Road. Officer Petriello reviewed the electronic evidence and photographs and issued and mailed a Notice of Violation on October 11, 2013. Mr. Sevak viewed the video and photographs. Mr. Fields was not present. After considering the evidence, and in the absence of any live testimony, Mr. Sevak upheld the violation as contained in Notice No. 1851300114258. Fleet, Joseph R. Notice No. 1851300118283 Officer Petriello explained the vehicle was registered to the Petitioner. On September 8, 2013, at 2:40 p.m., the vehicle was at an intersection at Congress Avenue and Woolbright Road. Officer Petriello reviewed the electronic evidence and photographs and issued and mailed a Notice of Violation on September 16, 2013. Mr. Sevak viewed the video and photographs. Mr. Fleet was not present. After considering the evidence, and in the absence of any live testimony or affidavit, Mr. Sevak upheld the violation as contained in Notice No. 1851300118283. 8 Hearing Minutes Red Light Camera Violations Boynton Beach, FL January 9, 2014 Other Business: None. City Requests and Reports: None. Local Hearing Officer Requests and Reports: None. Adjournment: There being no further business, Mr. Sevak adjourned the Hearing at 11:43 a.m. Catherine Cherry Minutes Specialist 010994 9