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Minutes 03-13-14 MINUTES OF THE RED LIGHT CAMERA VIOLATION HEARINGS HELD ON THURSDAY, MARCH 13, 2014 AT 9:00 A.M., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA 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 9:01 a.m. He explained the hearing ,was to allow Petitioners who received notices to present their case. He will review the video evidence and hear testimony from the Petitioners and make a determination. The appeals would be called based on the order Petitioners signed in. All those intending to speak would testify 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 the testimony, if Mr. Sevak upheld the violation, 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 g7, 2014 Mr. Sevak tabled the minutes to the next meeting. 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 Brian P. Vedrani Notice No. 1851400013707 Officer Petriello, Boynton Beach Police Community Service Officer, explained on January 28, 2014, at 2:52 p.m. a vehicle registered to the Petitioner was crossing an intersection at South Federal Highway and SE 23 Avenue. Officer Petriello reviewed Meeting Minutes Red Light Camera Hearings Boynton Beach, FL March 13, 2014 the electronic evidence and photographs and issued a Notice of Violation on February 3, 2014. Brian Vedrani, 813 Snowden Drive, Lake Worth, reviewed the video and explained the Boynton Beach Police Department received a 911 call as the alarm tripped at his residence that day. The Sheriff could not enter the property unless a key holder was present. He rushed to get home and there was no time for him to stop safely, so he proceeded through the light. Decision After considering the electronic evidence and testimony presented by the Officer and Mr. Vedrani, Mr. Sevak found a sufficient basis to uphold Notice of Violation No. 1851400013707. Mr. Sevak explained Mr. Vedrani had 30 days to pay and there was an Appeal Process, but he did not know what it was. Mr. Vedrani expressed his intent to appeal his case and felt the hearing was highly illegal. Gerald G. Benjamin Notice No. 1851400004268 Officer Petriello explained on January 7, 2014 at 7:34 a.m., a vehicle registered to the Petitioner was crossing 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 January 13, 2014. Gerald Benjamin 8906 Windtree Street, Boca Raton, reviewed the video. Mr. Benjamin objected to the Special Magistrate relying on business records of a private company to prosecute a civil case. He objected to the timing of the yellow light, according to the video, 3.2 seconds. The average yellow light sequence going down Woolbright Road was different. Officer Petriello commented the light was yellow for four seconds. Mr. Benjamin expressed the average yellow light on Woolbright Road was 5.6 seconds and he felt the sequence at that intersection was shorter to encourage giving tickets. Officer Petriello explained the County times the yellow light. It is electronically controlled and is set at four seconds. The minimum is 3.5 seconds for a 35 mile per hour zone. Mr. Sevak explained there is an appeal process. Decision After considering the electronic evidence and testimony presented by the Officer and Mr. Benjamin, Mr. Sevak found a sufficient basis to uphold Notice of Violation No. 1851400004268. 2 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL March 13, 2014 Arthur Elliott Green Notice No. 18514000010307 Officer Verrigini, Boynton Beach Police Community Service Officer, explained on January 19, 2014, at 3:40 p.m., a vehicle registered to the Petitioner was crossing an intersection at W. Woolbright Road and SW 8 th Street. Officer Verrigini reviewed the electronic evidence and photographs and issued a Notice of Violation on January 24, 2014. Arthur Green, 6855 Boscanni Drive, Boynton Beach, reviewed the video and still photographs. Mr. Green explained that intersection is heavily travelled and many people try to catch the light to enter 1 -95. He did not feel he had sufficient time to brake in order to avoid being rear ended by a heavy duty SUV. He thought the $158 fee was excessive for the traffic at that particular intersection. He proposed a fine of $50 was commensurate for a .1 second infraction. Mr. Sevak explained the fine did not work that way. Decision After considering the evidence and testimony presented, Mr. Sevak Notice of Violation No. 18514000010307. Terri N. Turner Notice No. 1851300111932 Officer Petriello explained on August 23, 2013, at 8:23 a.m., a vehicle registered to the Petitioner was crossing an intersection at W. Gateway Boulevard and N. Congress Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on August 28, 2013. Terri N. Turner, 1917 Monks Court, West Palm Beach, reviewed the video and explained she felt like she could not stop safely in time. Additionally, she saw a piece on television on December 13, 2013 that the light should be yellow for 4.5 seconded and it was at 4 seconds. She commented it could be argued it was not calibrated correctly. Officer Petriello explained the time for the yellow light is based on the speed limit, and she made a left -hand turn. The time for the left -hand turn is four seconds. Decision After considering the evidence and testimony presented, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation No. 1851300111932. 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL March 13, 2014 Daniel Damaschin Notice No. 1851400008277 Daniel Damaschin, 5817 66 Court, Loxahatchee, had not reviewed the video. After doing so, he opted not to move forward with the hearing. Decision Mr. Sevak assessed a fine of $208. Dominique Adam Notice No. 1851300158750 Dominique Adam, 429 Bayfront Drive, Boynton Beach, had not reviewed the video. After doing so, she opted to cancel the hearing. She also had not filed a Transfer of Liability Affidavit. Decision Mr. Sevak assessed a fine of $208. Jack Rub Notice No. 1851400009309 Jack Rub, 7163 Foxwood Court, had viewed the video. Officer Petriello requested the case be dismissed as they City does not enforce right on red turns. Decision After considering the evidence and the request by the Officer, Mr. Sevak dismissed Notice of Violation No. 1854100009309. Cheryl A. Salla Notice No. 1851400005851 Officer Petriello explained on January 10, 2014, at 5:20 p.m., a vehicle registered to the Petitioner was crossing an intersection at W. Gateway Boulevard and N. Congress Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on January 14, 2014. Cheryl A Salla, 21 Via De Casas Sur, Unit 101, viewed the video and pointed out a truck in the video and that Gateway Boulevard had been shut down because of extreme weather conditions. 4 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL March 13, 2014 Decision After considering the electronic evidence and testimony presented by the Officer and Petitioner, Mr. Sevak found a sufficient basis to dismiss Notice of Violation No. 1851400005851. Lindsay A. Black Notice No. 1851400006271 Officer Petriello explained on January 11, 2014, at 6:55 p.m., a vehicle registered to the Petitioner was crossing an intersection at NW 8 th Street and W. Boynton Beach Boulevard. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on January 15, 2014. Lindsay A. Black, 4848 Reedman Avenue, Bensalem, Pennsylvania, viewed the video and explained she had replaced the tire three times that day as it blew out twice, once two seconds before that light. She commented she had to drive around the corner on the flat tire. Decision After considering the evidence and testimony presented by the Officer and petitioner, Mr. Sevak found sufficient basis to dismiss Notice of Violation No. 1851400006271. Alvaro Lopez Notice No. 1851400007303 Officer Petriello explained on January 13, 2014, at 6:22 p.m., a vehicle registered to the Petitioner 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 January 17, 2014. Alvaro Lopez, 2600 N. Flagler Drive, PH 1 West Palm Beach, explained when the light turned, he was going to hit the brakes but would wind up in the middle of the street. The car has a rebuilt title. Mr. Lopez commented he also did not trust the anti -lock brakes in his car. Decision After considering the evidence and testimony presented by the Officer and Petitioner, Mr. Sevak found a sufficient basis to dismiss Notice of Violation No. 1851400007303. Gary Fitzpat Gladden Notice No. 1851400000779 Gary Gladden 114 NE 13 Avenue, reviewed the video and opted not to move forward with the hearing. 5 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL March 13, 2014 Decision Mr. Sevak assessed penalties of $208 for Notice of Violation No. 1851400000779. Lisa Beth Bozzone Notice No. 18514000011909 Lisa Bozzone, 22 Isle Court, Boynton Beach, reviewed the video and opted not to move forward with the hearing. Decision Mr. Sevak assessed penalties of $208 for Notice of Violation No. 18514000011909. Jean Pedro Jean Baptiste Notice No. 1851400008350 Officer Verrigini indicated the Petitioner was not present and on January 15, 2014, at 6:54 p.m., a vehicle registered to the Petitioner was at an intersection at NW 8 Street at W Boynton Beach Boulevard. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on January 22, 2014. Mr. Sevak reviewed the video and still photographs. Decision After considering the electronic evidence and testimony presented by the Officer, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation No. 1851400008350. He found sufficient notice was given as the Petitioner requested the hearing, but was not present. Mr. Sevak assessed the penalties at $243. Merlande Mondesir Notice No. 1851300157810 Mr. Sevak pointed out Mr. Modesir was not present and he attempted to transfer Liability a second time which is not permitted under the Statute. It appeared Mr. Mondesir was the driver of the vehicle registered to SE Florida Transportation Group. Officer Petriello explained on December 9, 2013, at 12:40 p.m., a vehicle registered to SE Florida Transportation Group, the Petitioner, was crossing an intersection at South Federal Highway and SE 23rd Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on December 13, 2013. Mr. Sevak noted Mr. Mondesir requested the hearing on February 12, 2014, but was not present. He inquired if Mr. Mondesir received notice when the Transfer of Liability was issued. Officer Petriello confirmed he did. SE FL Transportation Group did not request the hearing. 6 Meeting Minutes Red Light Camera Hearings Boynton Beach, FL March 13, 2014 Decision After considering the evidence and testimony presented by Officer Petriello, Mr. Sevak found sufficient factual basis to uphold Notice of Violation 1851300157810. Mr. Mondesir was assessed penalties and fines of $243. Alexander Louis Rosenberg Notice No. 1851300158461 Officer Petriello explained on December 10, 2013, at 9:13 p.m. a vehicle registered to the Petitioner was crossing an intersection at South Federal Highway and SE 23r Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on December 16, 2013. Mr. Sevak reviewed the video Decision After considering the evidence and testimony presented by the Officer, Mr. Sevak found sufficient factual basis to uphold Notice of Violation No. 18513600158461. Mr. Rosenberg will be assessed penalties and fines totaling $243. Mr. Rosenberg was not present for the hearing. There being no further business to discuss, Mr. Sevak adjourned the meeting at 10:11 a.m. Catherine Cherry Minutes Specialist 940399 7