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Minutes 02-27-14 MINUTES OF THE RED LIGHT CAMERA VIOLATION HEARINGS HELD I COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON THURSDAY, FEBRUARY 27, 2014 AT 9:00 A. M. PRESENT: Ankur Sevak, Special Magistrate Gwen Mills, Clerk Shana Bridgeman, Assistant City Attorney Anthony Petriello, Boynton Beach Police, CSO Anthony Verrigni, Boynton Beach Police, CSO Sgt. Richard McNevin 1. Call to Order Special Magistrate Ankur Sevak, welcomed all to the meeting at 9:04 a.m. He explained the hearing was to allow Petitioners who receive notices to present their case. He will review the video evidence, hear testimony and make a determination. The appeals would be called based on the order of the sign -in sheet. Testimony will be taken under oath. Mr. Sevak recognized some Petitioners have not had the opportunity to view the video. If not, they will be given an opportunity to do so before moving forward with a hearing. After review of the video and hearing the testimony, if the violation is upheld, the fee will be $243. If not, the fine will be $208 covering the cost of the citation and court costs. Mr. Sevak requested Petitioners state their address. 2. Approval of the Minutes — February 13, 2014 Mr. Sevak approved the minutes for February 13, 2014. 3. Amendments to the Agenda None. 4. Swearing in Witnesses The Clerk administered an oath to all those intending to testify. 5. Violation Hearings: Failure to comply with a steady red signal Ray Hunter Notice No. 1851300143083 Officer Anthony Verrigni, Boynton Beach Police Officer, explained the vehicle was registered to Centerpointe Funding LLC, Budget Rental. On November 2, 2013, at approximately 10:04 a.m., the vehicle was traveling through the intersection of South Federal Highway. Officer Verrigni reviewed the electronic evidence and photographs and issued a Notice of Violation on November 6, 2013. 1 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 27, 2014 Ray Hunter, 6561 Grant Street, Hollywood, reviewed the video and explained the truck was heavy and fully loaded. He commented he did not have enough time to stop. He expressed he was driving his wife to work and was travelling about 35 mph. He had waived the insurance and did not want anything to happen to the truck. Decision After considering the electronic evidence and testimony presented by the Officer and the Petitioner, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation No. 1851300143083. Gerald Frank Digrazia Notice No. 1851400002197 Mr. Digrazia had already reviewed the video and opted to just pay the fine. He commented he thought the fee was $158. Mr. Sevak explained the fee was $208 which included court costs and he had 30 days to pay. Mr. Sevak noted for the record, Mr. Digrazia gave his address as 1750 4 th Street NE, in Boynton Beach. Garry Hanasky Notice No. 1851400003328 Officer Petriello, Boynton Beach Police Officer, stated on January 4, 2014, at 10:50 a.m., a vehicle registered to the Petitioner was traveling through the intersection of E. Gateway Boulevard at N. Congress Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on January 8, 2014. Garry Hanasky, 1230 Old Boynton Road, No. 208, Boynton Beach, reviewed the video and explained he was the only vehicle behind the motor home. He had been there for a fair amount of time and could not see the light because the motor home obstructed his view. He followed the motor home and when he had visibility, realized the light was red. Decision After considering the electronic evidence and testimony presented, Mr. Sevak dismissed Notice of Violation No. 1851400003328. Harry G. Gist Notice No. 1851300143067 Officer Anthony Verrigni stated on November 2, 2013, at 8:47 a.m., a vehicle registered to the Petitioner was traveling through the intersection of N. Federal Highway at SE 23 Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on November 6, 2013. 2 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS OYNTON BEACH, FL. FEBRUARY 27, 2014 Stephen Cohen, representing Mr. Gist, his father in-law, at 1335 NW 22 Avenue, Delray Beach, viewed the video. Mr. Gist had indicated to Mr. Cohen his cell phone rang and when he looked up he was past the point of no return. Decision After considering the electronic evidence and testimony presented by the Officer and the Petitioner's Counsel, Mr. Sevak dismissed Notice of Violation No. 1851300143067. Jessica Rose Rhemer Notice No. 1851300152696 Officer Verrigni stated on November 26, 2013, at 5:17 p.m., a vehicle registered to the Petitioner was traveling through the intersection of N. Congress Avenue and E. Gateway Boulevard. After a review of the electronic evidence, a Notice of Violation was issued on December 3, 2013. Jessica Rose Rhemer, 17118 44 Place North, Loxahatchee, had reviewed the video. She explained she had worked the night shift and a family member used her vehicle. She did not know which member used the vehicle. Decision After considering the electronic evidence and testimony presented by the Officer and the Petitioner, Mr. Sevak found sufficient factual basis to uphold Notice of Violation No. 1851300152696. Edward Jerome Simpson Notice No. 1851300151789 Officer Verrigni stated on November 24, 2013, at 12:17 p.m. a vehicle, registered to the Petitioner was travelling through the intersection at E. Gateway Boulevard and N. Congress Avenue. After a review of the electronic evidence, a Notice of Violation was issued on December 3, 2013. Edward Simpson, 2107 N. Dixie Highway, West Palm Beach, was present. Mr. Sevak noted he had a Lake Worth address. Mr. Simpson confirmed the West Palm Beach address was his permanent address where he receives his mail. Mr. Simpson had reviewed the still photograph and opted to move forward with the hearing. He then reviewed the video. Mr. Simpson testified he and a friend were going to the Mail and he could not slam on the brakes because the friend had two young daughters in the back seat. Mr. Simpson disputed the video, which Mr. Sevak closely reviewed. 3 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS B OYNTON BEAC FL. FEB 2 7, 2014 Decision After considering the electronic evidence and testimony presented by the Officer and the Petitioner, Mr. Sevak found sufficient factual basis to uphold Notice of Violation No. 1851300151789. Shaun M. Huttar Notice No. 1851300140774 Mr. Huttar, 6615 W. Boynton Beach Boulevard, Boynton Beach, had not reviewed the video. After doing so, he opted not to move forward with the hearing. The fees were assessed at $208. Hardie Lee Braddly Notice No. 1851300155863 Officer Petriello stated on August 9, 2013, at 7:56 p.m., a vehicle registered to the Petitioner was traveling through the intersection of Congress Avenue at Woolbright Road. After reviewing the electronic evidence, a Notice of Violation was issued on October 17, 2013. Jacqueline Braddy, wife of Hardie Lee Braddy, explained she was driving the vehicle. She reviewed the video and explained financially, she was unable to pay the fine. Mr. Sevak explained the City gives 30 days to pay. If not paid, the car registration is liened and extensions are not available. She asked what happened if she paid the fine after 30 days. Mr. Sevak was unsure whether there were late fees. The payment was an administrative issue and she could discuss the matter with the administration. Ms. Braddy did not want to accept the paperwork because she could not pay. She was unaware she would come to the hearing and have to pay more money. Sgt. McNevin agreed to speak with Ms. Braddy. Officer Petriello explained the paperwork outlines the instructions. Decision Mr. Sevak commented they would revisit the matter. He cancelled the hearing and assessed a fine of $208 for Hardie Lee Braddy for Notice of Violation No. 1851300155863. Michael Victor Mortensen Notice No. 1851300143521 Officer Petriello stated on November 3, 2013, at 9:34 a.m., a vehicle registered to the Petitioner was traveling through the intersection of South Federal Highway at SE 23 Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on November 8, 2013. 4 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 27, 2014 Michael Victor Mortensen, 1499 S. Federal Highway, Unit 432, Boynton Beach, reviewed the video and requested he be shown the video time when the vehicle was in the middle of the intersection. He requested the violation be dismissed based on his belief the cameras were unconstitutional and inquired if the individual who monitored the camera was available for questioning. He asked Officer Petriello if he had been given a quota. Mr. Sevak did not allow the questions. Mr. Mortensen disputed the validity of the camera and was concerned a quota was imposed and about tampering, which would put him at a disadvantage. He commented the Ohio Supreme Court was considering whether the cameras were unconstitutional because of these problems. Mr. Sevak explained the purpose of the hearing pertains to a specific statute which was the failure to comply with a steady red signal. He explained he also has been following the constitutionality of the cameras. The hearing was only to determine whether a violation occurred. Currently cameras are constitutional and fully functional. Officers review the videos and there is a system of checks and balances. Mr. Mortensen commented if the case is not dismissed, he would appeal to the Courts. Mr. Sevak explained this was not a criminal violation and there was no evidence of tampering. Mr. Sevak explained he reviewed the video. Decision After considering the electronic evidence and testimony presented by the Officer and the Petitioner, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation No. 1851300143521. Marie Carmell Julien Notice No. 1851300140667 Marie Carmell Julien, 108 Seminole Lakes Drive, Royal Palm Beach, reviewed the video and opted to move forward with the hearing. Officer Verrigni reviewed on October 26, 2013, at 1:12 p.m. a vehicle registered to the Petitioner was traveling through an intersection at E. Boynton Beach Boulevard and Seacrest Boulevard. After reviewing the electronic evidence a Notice of Violation was issued October 30, 2013. Ms. Julien recalled the light was yellow when she turned and commented she does not run red lights. There was an Police Officer nearby and she was sure she did not turn on red. 5 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRU 27, 2 Decision After considering the electronic evidence and testimony presented by the Officer and the Petitioner, Mr. Sevak upheld the Notice of Violation No. 1851300140667. Robert English Field Notice No. 1851300151722 Robert Field, 3373 Palomino Drive, Lake Worth, had not reviewed the video. He does not drive as he has brain cancer. Others have access to his vehicle, but he believed his wife was driving and taking him to her father's house to get his medication and it was a medical emergency. Mr. Field viewed the video. Officer Verrigni requested the case be dismissed. Decision Based on the testimony presented, Mr. Sevak found sufficient factual basis to dismiss Notice of Violation No. 1851300151722. Pat Goins, Green Country Adjusting Notice No. 1851300160335 Officer Verrigni stated on September 27, 2013, at 1:32 p.m., a vehicle registered to the Petitioner was traveling through the intersection of Congress Avenue at Gateway Boulevard. After reviewing the electronic evidence, a Notice of Violation was issued on October 4, 2013. Pat Goins, Green Country Adjusting located in Oklahoma, has a company vehicle and but lives at 1213 Fosters Mill, Boynton Beach. He reviewed the video and opted to cancel the Hearing. A fine of $208 was assessed. Vicente Deleon Notice No. 1851300132763 Officer Petriello stated on October 5, 2013, at 6:17 p.m., a vehicle registered to the Petitioner was traveling through the intersection of E. Gateway Boulevard and N. Congress Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on October 11, 2013. Vicente Deleon, 9273 Gettysburg Road, Boca Raton, had already reviewed the video and opted to hold the hearing. Mr. Deleon explained he has a one -year old and his wife was expecting. There was a car approaching from behind and there was no time to stop safely so he continued through the light. It was observed Mr. Deleon had attempted to brake. 6 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 27, 2014 Decision After considering the electronic evidence and testimony presented by the Officer and Petitioner, Mr. Sevak found insufficient factual information to uphold the violation and he dismissed Notice of Violation No. 1851300132763. Randall Gene Young Notice No. 1851300139354 After reviewing the video, Mr. Young opted not to move forward with the hearing. Decision After considering the evidence and testimony presented, Mr. Sevak upheld Notice of Violation No. 1851300139354. Joseph Louis Corozza Notice No. 1851300159048 Officer Petriello stated on December 12, 2013, at 8:59 a.m., a vehicle registered to the Petitioner was traveling through the intersection of Gateway Boulevard at Congress Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on December 16, 2013. Mr. Corozza, 416 Live Oak Lane, Boynton Beach, reviewed the video and stated he knocked his cup holder and spilled soda on his lap. He looked up and saw the light was red. He did not think he ran the light. It was very close. Decision After considering the electronic evidence and testimony presented by the Officer and the Petitioner, Mr. Sevak dismissed Notice of Violation No. 1851300159048. Sumintra G. Mohammed Notice No. 1851300137879 Officer Petriello stated on October 18, 2013, a vehicle registered to the Petitioner was at S. Federal Highway and 23 Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on October 25, 2013. Suintra G. Mohammed, 7949 Ridgewood Drive, Lake Worth reviewed the video and requested the violation be dismissed. His uncle was having chest pains and did not want to be transported to the hospital by ambulance. He drove his uncle to the hospital and took the wrong route. Mr. Mohammed produced paperwork from Bethesda Hospital, which Mr. Sevak reviewed. 7 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 27, 2014 Decision After considering the electronic evidence and testimony presented by the Officer and the Petitioner, Mr. Sevak dismissed Notice of Violation No. 1851300137879. There was documentation provided by the Mohammeds as well. OIja Marjanovic Notice No. 1851300139578 Ms. Marjanovic, 2750 NE 183 St., Apt 2602, Tower Building T, Aventura, reviewed the video. She commented the vehicle was not hers. She drives a BMW. The vehicle in the video was a Dodge and she does not come to Boynton Beach. After review, it was ascertained, a character in the tag was in error. Officer Verrigini requested the case be dismissed. Decision Mr. Sevak noted the Notice was issued in error, and he dismissed Notice of Violation No. 1851300139578. Darryl W. Ford Notice No. 1851300132052 Darryl Ford viewed the video and opted to move forward with the hearing. Officer Petriello stated on October 4, 2013, at 2:34 p.m., a vehicle registered to the Petitioner was traveling through the intersection of South Federal Highway at SE 23` Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on October 11, 2013. Darryl Ford, 808 S. K Street, Lake Worth, explained he was moving carpet in a van. The van was old and the brakes were original as was the suspension system. Since receiving the Notice, he installed new brakes and struts in the van as he had difficulty stopping it. He had the van a few months, but never transported carpeting in it. He had eight rolls inside the cabin and the weight of the carpet made a difference in how the vehicle maneuvered. Decision After considering the electronic evidence and testimony presented by the Officer and the Petitioner, Mr. Sevak dismissed Notice of Violation No. 1851300132052. Robert L. Mueller Notice No. 1851300154262 Robert Mueller, 12461 Sand Wedge Drive, Boynton Beach, had not reviewed the video. After doing so, he opted to cancel the hearing. He was unsure who was driving the car. 8 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 27, 2014 Mr. Sevak assessed a fine of $208 for Notice of Violation No. 1851300154262. Christian F. Pierre Notice No. 1851300148223 Mr. Pierre, 2309 South Federal Highway, viewed the video and opted to move forward with the hearing. He commented he went through a yellow light and he respects the traffic laws. He got to the light when it was yellow. He thought the video was manipulated and it was not fair. Mr. Sevak explained he had to look at the facts. Decision After considering the electronic evidence and testimony presented by the Officer and the Petitioner, Mr. Sevak found sufficient factual basis to uphold Notice of Violation No. 1851300148223. Donna A. Kerner Notice No. 1851300155764 Donna Kerner, 7728 Whitehouse Point Lane, reviewed the video and opted to move forward with the Hearing. Officer Petriello stated on December 5, 2013, a vehicle registered to the Petitioner was at the intersection of E. Boynton Beach Boulevard at Seacrest Boulevard After a review of the electronic evidence, a Notice of Violation was issued on December 10, 2013. Ms. Kerner reviewed the video and explained her state of mind. Her mother was in Hospice and she did not know her way around. She had just moved from Washington D.C. on December 3, 2013, to take care of her and was going to see her. Decision After considering the electronic evidence and testimony presented by the Officer and the Petitioner, Mr. Sevak dismissed Notice of Violation No. 1851300155764. Berice Charles Notice No. 1851300139248 Officer Petriello stated on October 22, 2013, at 9:37 a.m., a vehicle registered to the Petitioner was traveling through the intersection of South Federal Highway and SE 23rd Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on October sic (November) 12, 2013. Decision After considering the evidence and testimony presented, Mr. Sevak found sufficient factual basis to uphold Notice of Violation No. 1851300139248. There was sufficient 9 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 27, 2 014 Notice given as the Petitioner requested the hearing and he noted the Petitioner was not present. Fees were assessed at $243. Jonathan Stephen Diettrich Notice No. 1851300154916 Officer Petriello stated on December 3, 2013, at 10:16 a.m., a vehicle, registered to the Petitioner was travelling through the intersection of South Federal Highway. After a review of the electronic evidence, a Notice of Violation was issued on December 9, 2013. Decision After considering the evidence and testimony presented, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation No. 1851300154916. Mr. Sevak found sufficient Notice was given as the Petitioner requested the hearing through the proper channels, but he was not present. Fees of $243 were assessed Charles Emanuel Hunt Notice No. 1851400002544 Officer Petriello stated on January 2, 2014, at 1:51 p.m., a vehicle registered to the Petitioner was traveling through the intersection of E. Boynton Beach Boulevard at Seacrest Boulevard. After reviewing the electronic evidence, a Notice of Violation was issued on January 8, 2014. Decision After considering the evidence and testimony presented, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation No.1851400002544. Mr. Sevak found sufficient Notice was given as the Petitioner requested the hearing through the proper channels, but was not present. Fees of $243 were assessed. Stephen P. Lambert Notice No. 1851400003740 Officer Petriello stated on January 5, 2014, at 2:31 p.m., a vehicle registered to the Petitioner, was traveling through the intersection of South Federal Highway at SE 23` Street. After reviewing the electronic evidence, a Notice of Violation was issued on January 10, 2014. Mr. Sevak reviewed the video. Decision After considering the evidence and testimony presented, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation No.1851400003740 for Stephen Lambert, with an out of state address of 143 Mathews Street, Ft. Collins, Colorado. Mr. Sevak found sufficient Notice was given as the Petitioner requested the hearing through the proper channels, but he was not present. Fees of $243 were assessed. 10 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 27, 2014 Douglas Alan Piercy Notice No. 1851300139032 Officer Petriello stated on October 21, 2013, at 1:21 p.m., a vehicle registered to the Petitioner, who was not present, was traveling through the intersection of Gateway Boulevard and N. Congress Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on October 28, 2013. Mr. Sevak reviewed the video. Decision After considering the evidence and testimony presented, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation No.1851300139032 for Douglas Alan Piercy. Mr. Sevak found sufficient Notice was given as the Petitioner requested the hearing through the proper channels, but he was not present. Fees of $243 were assessed. 6. Other Business None 7. City Requests and Reports None 8. Local Hearing Officer Requests and Reports None 9. Adjournment There being no further business, Mr. Sevak adjourned the hearing at 11:03 a.m. datkpwai--d Catherine Cherry .w... Minutes Specialist 940313 11