Loading...
Minutes 03-27-14 MINUTES OF THE RED LIGHT CAMERA VIOLATION HEARINGS HELD O THURSDAY, MARCH 27, 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 Officer Anthony Petriello, Boynton Beach Police, CSO Officer Anthony Verrigni, Boynton Beach Police, CSO Shana Bridgeman, Assistant City Attorney I. Call to Order Special Magistrate Ankur Sevak, welcomed all to the meeting at 9:02 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 had not had the opportunity to view the video. If not, they would 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 would be $243. If not, the fine would be $208 covering the cost of the citation and court costs. Mr. Sevak requested Petitioners state their address. II. Approval Of Minutes The minutes were not available. III. Amendments to the Agenda None. IV. Swearing in Witnesses The Clerk administered an oath to all those intending to testify. V. Violation Hearings: Failure to comply with a steady red signal Richard Kelvin Notice No. 1851400008673 Nicole Jackson, Attorney for the Petitioner, withdrew the application and explained Mr. Kelvin's wife was driving the vehicle and they were in North Carolina. She did not want to move forward with the hearing. Hearing Minutes Red Light Camera Violations Boynton Beach, FL March 27, 2014 Decision Mr. Sevak cancelled the hearing and explained the Petitioner had 30 days to pay the fine. At the end of the meeting, at 9:48 a.m., Mr. Sevak put on record that Richard Kelvin, Notice of Violation No. 1851400008673, was represented by counsel. The hearing did not move forward and Mr. Kelvin would be assessed statutory penalties and court costs totaling $208. Edouard Rene Joseph Notice No. 1851400022120 Edouard Joseph, 10519 Pine Tree Terrace, had not reviewed the video. He explained he sold the car February 2 and the violations occurred February 14th. He had the paperwork and the buyer was supposed to mail back the license plates, which he received a week and a half ago. There was discussion about the Transfer of Liability Affidavit, which was not submitted. Mr. Sevak reviewed the documents Mr. Joseph provided. Mr. Joseph explained he received two other Red Light Camera Violations after he sold the car. Mr. Sevak agreed to recall the case after Officer Verrigni reviewed the documentation. At 9:23 a.m., Mr. Sevak revisited the case. Decision Based on the paperwork presented, the recommendation of the City Attorney and based on the Officer's testimony, Mr. Sevak found sufficient factual basis to dismiss Notice of Violation No. 1851400022120. The second ticket would be addressed at another time. Hilda Ligorria Notice No. 1851300147795 Hilda Ligorria, 1501 SW 16 Street, had not reviewed the video. After viewing it, she opted to move forward with the hearing. She explained she had no tickets and the light was red after she was in the intersection. She explained the turn light had green and yellow lights and then goes dark. It was learned with the five cluster lights, there is no red arrow. The left turn and straight lane share the same light. Decision After considering the evidence and testimony presented, Mr. Sevak found sufficient basis to dismiss the violation in Notice No. 1851300147795. 2 Hearing Minutes Red Light Camera Violations Boynton Beach, FL March 27, 2014 Werner Joseph Rother Notice No. 1851400016742 Werner Joseph Rother, 914 SE 3 rd Street, Boynton Beach, had not reviewed the video. After doing so, he opted not to move forward with the hearing. Decision Mr. Sevak cancelled the hearing for Notice of Violation No. 1851400016742 and assessed costs at $208. Ryan Michael Layton Notice No. 1851400012998 Ryan Layton, 1610 S. Palm Way, Lake Worth, had a Transfer of Liability, but it was not fully completed. The vehicle was registered jointly to him and his former wife. He was unable to completely fill out the form because he did not have all of her personal information. The former wife had taken over the vehicle and the loan. Decision After considering the evidence and testimony presented, Mr. Sevak reset Notice No. 1851400012998 to the next available docket in April. Andrea Melanie Riggin Notice No. 1851400006982 Andrea Melanie Riggin, 5555 Garden Avenue, West Palm Beach, reviewed the video and opted not to move forward with the hearing. She explained she had a hardship. Mr. Sevak explained she has 30 days to pay the fine. If not paid within that time frame, a lien would be placed on her registration. He did not believe there was an extra late fee when she renewed her registration. Decision Mr. Sevak cancelled the hearing and fines of $208 were assessed. Joan Louise Carney Notice No. 1851400019993 Officer Petriello explained the vehicle was registered to the Petitioner. On February 11, 2014 at 1:17M.m., the vehicle 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 February 18, 2014. 3 Hearing Minutes Red Light Camera Violations Boynton Beach, FL March 27, 2014 Decision Based on the electronic evidence presented in Chambers and the Officer's testimony, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation 1851400019993 for Ms. Carney who requested a hearing and who was not present. She was assessed fines and court costs of $243. Irene Norman Notice No. 1851400005679 Officer Petriello explained the vehicle was registered to the Petitioner. On January 10, 2013, at 9:47 a.m., the vehicle was crossing an intersection at Gateway Boulevard and North Congress Avenue. Officer Petriello reviewed the electronic evidence and a Notice of Violation was issued on January 14, 2014. Ms. Irene Norman was not present. Decision After review of the electronic evidence presented and the Officer's testimony, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation 1851400005679 for Irene Norman who requested the hearing, but was not present in Chambers. She was assessed penalties of $243. Ashley Renee Puhl Notice No. 1851400003831 Officer Petriello explained the vehicle was registered to the Petitioner. On January 5, 2014, at 6:31 p.m., the vehicle was crossing an intersection at Woolbright Road and South Congress Avenue. Officer Petriello reviewed the electronic evidence, and issued a Notice of Violation on January 10, 2014. He noted Ms. Puhl was not present. Decision After review of the electronic evidence presented and the Officer's testimony, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation 1851400003831 for Ashley Renee Puhl who requested the hearing, but was not present in Chambers. She was assessed statutory penalties and court costs of $243. David Lee Meyer Notice No. 1851400010000 Officer Verrigni explained the vehicle was registered to the Petitioner who was not present at the hearing. On January 18, 2014 at 6:39 p.m., the vehicle was crossing an intersection at Federal Highway and SE 23` Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on January 22, 2014. 4 Hearing Minutes Red Light Camera Violations Boynton Beach, FL March 27, 2014 Decision After review of the electronic evidence presented and the Officer's testimony, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation 1851400010000 for David Lee Meyer who requested the hearing, but was not present in Chambers. He was assessed statutory penalties of $158 and court costs of $85 for a total of $243. Ruth E. Rognas -Lopez Notice No. 1851300158461 Officer Verrigni explained the vehicle was registered to the Petitioner who was not present. On January 16, 2014, at 1:12 p.m., the vehicle was crossing an intersection at Federal Highway at SE 23 Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on January 22, 2014. Decision After review of the electronic evidence presented and the Officer's testimony, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation 1851300158461 for Ruth E. Rognas- Lopez, who requested the hearing, but was not present in Chambers. She was assessed statutory penalties and court costs totaling $243. 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 9:48 a.m. Catherine Cherry Minutes Specialist 140327 5