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Minutes 01-23-14 MINUTES OF THE RED LIGHT CAMERA VIOLATION HEARINGS HELD ON THURSDAY, JANUARY 23, 2014, AT 9:00 A.M., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYN BEACH, F LOR ID A PRESENT: Ankur Sevak, Special Magistrate Gwen Mills, Red Light Camera Clerk Shana Bridgeman, Assistant City Attorney Anthony Petriello, Boynton Beach Police, CSO Anthony Verrigni, Boynton Beach Police, CSO Sgt. Brian McNevin 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 should file an affidavit stating the circumstance. If there was any other reason the Petitioner thought the violation was in error, an appeal should be made. Tfe hearing provides the opportunity for the Petitioner to present their case. The appeals will be called based on the sign -in sheet. The Petitioners will speak and the Officer will give testimony and evidence why they received the violations. Mr. Sevak requested each Petitioner state their address on record so mailings to them would be received. i i II. Amendments to the Agenda None. III. 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 Diana Guevara Notice No. 1851300100281 Officer Verrigni, Boynton Beach Police Officer, explained the vehicle was registered to the Petitioner. On July 22, 2013, at 8:12 p.m., the vehicle was crossing an intersection at S. Federal Highway and SE 23 Avenue. Officer Verrigni reviewed the electronic evidence and photographs and issued a Notice of Violation on August 1, 2013. Hearing Minutes Red Light Camera Violations Boynton Beach, FL January 23, 2014 Diana Guevara, 80 Via De Casas Norte, Boynton Beach, FL 33426, reviewed the video and explained the sun was blinding her. She did not realize the light had changed. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the violation as contained in Notice No. 1851300100281. Ingrid Elisabeth Ingalls Notice No. 1851300101867 Officer Verrigni explained the vehicle was registered to the Petitioner. On July 26, 2013, at 9:51 p.m., the vehicle was crossing an intersection at S. Federal Highway and SE 23 Avenue. Officer Verrigni reviewed the electronic evidence and photographs and issued a Notice of Violation on August 1, 2013. Ms. Ingalls, 3644 NW 4 th Court, Boca Raton, reviewed the video and explained she did not have time to stop without blocking the intersection. She was through the intersection several times and noticed the camera was gone. She inquired if it was faulty. Officer Verrigni explained the camera was still there and operational. Decision After considering the evidence and testimony presented, Mr. Sevak dismissed the violation in Notice No. 1851300101867. Ashley Nicole Lamot Notice No. 1851300100273 Officer Verrigni explained the vehicle was registered to the Petitioner. On July 22, 2013, at 7:52 p.m., the vehicle was crossing an intersection at N. Congress Avenue and Gateway Boulevard. Officer Verrigni reviewed the electronic evidence and photographs and issued a Notice of Violation on August 1, 2013. Ms. Lamot, 463 Seminole Drive, Lake Worth, Florida, reviewed the video and explained she was not driving the vehicle and did not file a Transfer of Liability Affidavit because the driver of the vehicle did not have a license. She took responsibility for her actions, and was not feeling well. She was present in the car when the incident occurred. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the violation in Notice No. 1851300100273. 2 Hearing Minutes Red Light Camera Violations Boynton Beach, FL January 23, 2014 Gilbert Harold Grazette Notice No. 1851300137077 Officer Petriello, Boynton Beach Police Officer, explained the vehicle was registered to the Petitioner. On October 16, 2013, at 3:42 p.m., the vehicle was crossing an intersection at Woolbright Road and S. Congress Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on October 23, 2013. He did not know who was driving the vehicle. Mr. Grazette, 13545 17 Place, NW Palm Beach, Florida, reviewed the video and explained he was in Jamaica for a funeral. He produced documents and his passport confirming he was not in this Country. Decision After considering the evidence and testimony presented, Mr. Sevak dismissed the violation contained in Notice No. 1851300137077. Eric T. Jensen Notice No. 1851300104291 Officer Petriello explained the vehicle was registered to the Petitioner. On August 2, 2013, at 4:55 p.m., the vehicle was crossing an intersection at N. Congress Avenue and Gateway Boulevard. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on August 7, 2013. Mr. Jensen, 5810 Parkwalk Circle, Boynton Beach, reviewed the video and explained he wanted to stop, but saw flashing lights and heard a siren behind him. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the violation in Notice No. 1851300104291. Carol Lisa Jones Notice No. 1851300109019 Officer Pettriello explained the vehicle was registered to the Petitioner. On August 14, 2013, at 5:50 p.m., the vehicle was crossing an intersection at N. Congress Avenue and Gateway Boulevard. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on August 20, 2013. Ms. Jones, 11065 Sunset Ridge Circle, Boynton Beach, reviewed the video and explained she got caught up in the momentum of vehicles going through the light before it changed. 3 Hearing Minutes Red Light Camera Violations Boynton Beach, FL January 23, 2014 Decision After considering the evidence and testimony presented, Mr. Sevak upheld the violation in Notice No. 1851300109019. Jean Rilus Lebrun Notice No. 1851300119661 Officer Petriello explained the vehicle was registered to the Petitioner. On September 11, 2013, at 11:14 a.m., the vehicle was crossing an intersection at S. Federal Highway and SE 23 Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on September 17, 2013. Jean Lebrun, 7574 Sierra Ridge Lane, Lake Worth, reviewed the video and explained he was unable to stop due to inclement weather. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the violation in Notice No. 1851300119661. Herman Lockett Notice No. 1851300111833 M. Herman Lockett, 830 SW 14 Street Deerfield Beach, explained he filed a Transfer of Liability Affidavit on October 23, 2013, to give him time to make payments as he was not working. He wanted to make payment arrangements and was told in order to do so, he had to attend the hearing. Mr. Sevak explained he could set the fine at $208, which would give him 90 days to make the payments. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the violation for Notice No. 1851300111833, but did not assess the penalty for having a hearing for the Notice of Violation. The fine was $208. Harold Lutch Notice No. 1851300128662 Officer Petriello explained the vehicle was registered to the Petitioner. On September 28, 2013, at 9:48 a.m., the vehicle was crossing an intersection at S. Federal Highway and SE 23 Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on October 4, 2013. Harold Lutch, 5913 Parkwalk Drive, Boynton Beach, reviewed the video and explained another person was driving his car. The driver was either his son or one of his neighbors. He asked, but no one took responsibility, so he did not file a Transfer of Liability Affidavit. 4 Hearing Minutes Red Light Camera Violations Boynton Beach, FL January 23, 2014 Decision After considering the evidence and testimony presented, Mr. Sevak upheld the violation in Notice No. 1851300128662. Carlos E. Marchioto Notice No. 1851300124240 Officer Petriello explained the vehicle was registered to the Petitioner. On September 20, 2013, at 3:53 p.m., the vehicle was crossing an intersection at W. Boynton Beach Boulevard and N. Congress Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on September 27, 2013. Carlos Marchioto, 804 Bradford Court, Boynton Beach, reviewed the video and explained his young son was fussing in the vehicle. Decision After considering the evidence and testimony presented, Mr. Sevak dismissed the violation in Notice No. 1851300124240. Francis C. Martin Notice No. 1851300095135 Roxanne Gadsey identified herself as the daughter of Mr. Martin, the owner of the vehicle. She wanted to take responsibility because she was driving his car. Mr. Martin lives in Delray Beach. Mr. Sevak allowed her to testify on behalf of her father. Officer Petriello, Boynton Beach Police Officer, explained the vehicle was registered to the Petitioner. On July 7, 2013, at 1:26 p.m., the vehicle was crossing an intersection at W. Woolbright Road and S. Congress Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on July 30, 2013. Decision After considering the evidence and testimony presented, Mr. Sevak dismissed the violation in Notice No. 1851300095135. Donna Nichole Mauriello Notice No. 1851300096687 Officer Petriello explained the vehicle was registered to the Petitioner. On July 11, 2013, at 7:31 p.m., the vehicle was crossing an intersection at Gateway Boulevard and N. Congress Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on July 30, 2013. Donna Nichole Mauriello, 1755 Forest Hill Boulevard, Apt 32, West Palm Beach, reviewed the video and explained she was moving and had injured her back. She let 5 Hearing Minutes Red Light Camera Violations Boynton Beach, FL January 23, 2014 her friend's daughter drive the car with her in the car. She did not know she could transfer liability. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the violation in Notice No. 1851300096687. Terry Maurice Mays Notice No. 1851300112591 Terry Mays, 1625 Farmington Circle, Wellington, explained he was only requesting time to pay. He was not disputing the fact. Mr. Sevak explained payments can be made on a fine of $208 over 90 days. Mr. Mays agreed to a fine of $208. Fritz Mertil Notice No. 1851300125460 Officer Petriello explained the vehicle was registered to the Petitioner. On September 22, 2013, at 10:48 a.m., the vehicle was crossing an intersection at S. Federal Highway and SE 23` Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on September 30, 2013. Fritz Mertil, 1424 S. K Street, Lake Worth, reviewed the video and explained he did not have time to stop. There was discussion about reckless driving and Mr. Mertil's speed. Mr. Mertil contended his car cannot go more than 55 miles per hour and commented his wife was driving the vehicle. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the violation in Notice No. 1851300125460. Francia Carolin Pampillonia Notice No. 1851300126419 Officer Petriello, Boynton Beach Police Officer, explained the vehicle was registered to the Petitioner. On September 24, 2013, at 8:22 a.m., the vehicle was crossing an intersection at S. Congress Avenue and W. Woolbright Road. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on October 23, 2013. Francia Carolin Pampillonia, 116 Via De Casa Norte, Boynton Beach, reviewed the video and explained a jeep turned into her lane. Decision 6 Hearing Minutes Red Light Camera Violations Boynton Beach, FL January 23, 2014 After considering the evidence and testimony presented, Mr. Sevak dismissed the violation in Notice No. 1851300126419. Joshua Lewis Perfit Notice No. 1851300130262 Officer Petriello explained the vehicle was registered to the Petitioner. On October 1, 2013, at 2:34 p.m., the vehicle was crossing an intersection at N. Congress Avenue and Gateway Boulevard. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on October 7, 2013. Joshua Lewis Perfit, 518 SE 1S Street, Boynton Beach, reviewed the video and explained he did not see the light turn red. He saw the light as yellow when he got to the stop line and thought the camera may be faulty. Vehicles were still turning. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the violation in Notice No. 1851300130262. Lenwood Bernard Pettiford Notice No. 1851300116485 John Pettiford explained the vehicle was registered to his brother. He did not submit a Transfer of Liability as he was awaiting an organ transplant. Officer Petriello, Boynton Beach Police Officer, explained On September 3, 2013, at 5:08 p.m., the vehicle was crossing an intersection at N. Congress Avenue and W. Boynton Beach Boulevard. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on September 13, 2013. John Pettiford, stated he was driving the vehicle. He reviewed the video and explained the light was yellow and his assertion that the intersection was under investigation. An article indicated tickets were dismissed due to the time being inaccurate. Mr. Sevak noted there was no Transfer of Liability Affidavit, so any violation would be imposed on the owner, Lenford Pettiford. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the violation in Notice No. 1851300116485. Barbara Mercier Notice No. 1851300102147 Officer Petriello explained the vehicle was registered to the Petitioner. On July 27, 2013, at 1:04 p.m., the vehicle was at an intersection at N. Congress Avenue and Gateway 7 Hearing Minutes Red Light Camera Violations Boy Bea F January 2 2014 Boulevard. Officer Petriello reviewed the electronic evidence and photographs and issued and mailed a Notice of Violation on August 1, 2013. Barbara Mercier, 141 Lake Pine Circle, Greenacres, reviewed the video and explained she was turning when the vehicle in front of her stopped. After considering the evidence and testimony presented, Mr. Sevak upheld the violation as contained in Notice No. 1851300102147 Attorney Shana Bridgeman explained the only way for a Petitioner to receive 90 days to pay was to ask the cashier for the payment plan. Christine Nadia Joseph Notice No. 1851300098881 Officer Verrigni explained the vehicle was registered to the Petitioner. On July 19, 2013, at 11:17 a.m., the vehicle was at an intersection at S. Congress Avenue and W. Woolbright Road. Officer Verrigni reviewed the electronic evidence and photographs and issued and mailed a Notice of Violation on August 1, 2013. Mr. Sevak viewed the video and photographs. Ms. Joseph was not present. Decision After considering the evidence, and in the absence of any testimony or affidavit, Mr. Sevak upheld the violation as contained in Notice No. 1851300098881. Alex Glasser Notice No. 1851300110579 Officer Petriello explained the vehicle was registered to the Petitioner. On August 18, 2013, at 6:14 p.m., the vehicle was at an intersection at S. Federal Highway and SE 23' Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued and mailed a Notice of Violation on August 26, 2013. Mr. Sevak viewed the video and photographs. Mr. Glasser was not present. Decision After considering the evidence, and in the absence of any testimony or affidavit, Mr. Sevak upheld the violation as contained in Notice No. 1851300110579. Harold Golden Notice No. 0851300125601 Officer Petriello explained the vehicle was registered to the Petitioner. On September 22, 2013, at 2:50 p.m., the vehicle was at an intersection at E. Boynton Beach Boulevard and N. Seacrest. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on September 30, 2013. Mr. Sevak viewed the video and photographs. Mr. Golden was not present. 8 Hearing Minutes Red Light Camera Violations Boynton Beach, FL January 23, 2014 Decision After considering the evidence, and in the absence of any testimony or affidavit, Mr. Sevak upheld the violation as contained in Notice No. 1851300125601. Shakelia Nattiel Josey Notice No. 1851300128977 Officer Petriello explained the vehicle was registered to the Petitioner. On September 28, 2013, at 5:51 p.m., the vehicle was at an intersection at S. Federal Highway and SE 23 Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on October 4, 2013. Mr. Sevak viewed the video and photographs. Ms. Josey was not present. Decision After considering the evidence, and in the absence of any testimony or affidavit, Mr. Sevak upheld the violation as contained in Notice No. 1851300128977. John David Odom Notice No. 1851300119844 Officer Petriello explained the vehicle was registered to the Petitioner. On September 11, 2013, at 8:10 p.m., the vehicle was at an intersection at S. Congress Avenue and W. Woolbright Road. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on September 17, 2013. Mr. Sevak viewed the video and photographs. Mr. Odom was not present. Decision After considering the evidence, and in the absence of any testimony or affidavit, Mr. Sevak upheld the violation as contained in Notice No. 1851300119844. John David Odom Notice No. 1851300118101 Officer Petriello explained the vehicle was registered to the Petitioner. On September 8, 2013, at 5:34 p.m., the vehicle was at an intersection at W. Woolbright Road and S. Congress Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on September 16, 2013. Mr. Sevak viewed the video and photographs. Mr. Odom was not present. Decision After considering the evidence, and in the absence of any testimony or affidavit, Mr. Sevak upheld the violation as contained in Notice No. 1851300118101. 9 Hearing Minutes Red Light Camera Violations Boynton Beach, FL January 23, 2014 Harry Gist Notice No. 1851300143067 Officer Petriello advised Mr. Gist was rescheduled to the February 27, 2014, hearing. Other Business: None. City Requests and Reports: None. Local Hearing Officer Requests and Reports: None. Adjournment: There being no further business to discuss, Mr. Sevak adjourned the Hearing at 11:07 a.m. 0-aduuz ol- Catherine Cherry Minutes Specialist 020314 1