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Minutes 04-10-14 TUTS OF THE RED LIGHT CAMERA VIOLATION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., ON THURSDAY, APRIL 10, 2014, AT 9:00 A.M., BOYNTON BEACH, FLORIDA PRESENT: James Stokes, Special Magistrate Gwen Mills, Clerk Richard McNevin Sergeant, Traffic Division Officer Anthony Petriello, Boynton Beach Police, CSO Officer Anthony Verrigni, Boynton Beach Police, CSO Shana Bridgeman, Assistant City Attorney 1. Call to Order by Local Hearing Officer, James Stokes Mr. Stokes called the meeting to order at 9:09 a.m. and explained he is the Special Magistrate. He was appointed as a Special Magistrate in accordance with State Statute. He serves throughout the State as a neutral Circuit Court Arbitrator, federal arbitrator, mediator and Special Magistrate for various locations. He does not work for the City and he is a neutral party to adjudicate the Red Light Camera violations. He requested all those intending to testify be sworn in. 2. Approval of Minutes — March 27, 2014 The minutes were not available. 3. Amendments to the Agenda None. . Swearing in of witnesses The Clerk administered an oath to all those intending to testify. 5. Violation Hearings: Failure to comply with a steady red signal. Robert Emerson Weiser Notice No. 1851400026923 Officer Petriello, Community Service Officer, explained on February 25, 2014, at 2:39 p.m., a vehicle registered to the Petitioner was crossing an intersection at NW 8 th Street and West Boynton Beach Boulevard. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on March 3, 2013. Messrs. Weiser and Stokes viewed the video. Mr. Weiser inquired what date the violation occurred as he and his wife both use the car. Mr. Stokes responded the date was February 25, 2014. Mr. Weiser pled guilty. Meeting Minutes Red Light Camera Violations Boynton Beach, FL April 10, 2014 Decision Based on the evidence and Mr. Weiser's testimony, Mr. Stokes found Mr. Weiser guilty of the violation and ordered a fine of $208. Mr. Weiser inquired how long he had to pay. Mr. Stokes responded the fine was payable in 30 days. Mr. Weiser thought it was unfair there was no photograph of who was driving. He recognized it was a family issue and Mr. Stokes explained Mr. Weiser could have submitted a form to notify the City that he was not driving at the time of the infraction. A brief discussion followed about traffic court, the County's jurisdiction and what would occur if the fine was not paid or partially paid. Officer Verrigni explained Mr. Weiser would be unable to renew his car registration until the fine and any charges that could accrue were paid. Paul Adam Ricard Notice No. 1851400025099 Officer Petriello reported on February 21, 2014, at 11:52 a.m., a vehicle registered to the Petitioner was crossing an intersection at SE 23r Avenue and South Federal Highway. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on March 3, 2014. Messrs. Ricard and Stokes viewed the video. Mr. Ricard pled not guilty. He did not remember the incident, but after the review, felt it would be unsafe if he slammed on the brakes. Mr. Stokes pointed out the purpose of a yellow light was to alert the driver that the light would turn red. Decision Based on the evidence, Mr. Stokes found Mr. Ricard guilty of the violation and ordered a $243 fine. George Joseph Notice No. 1851400018995 Officer Verrigni advised on February 9, 2014, at 6:31 a.m., a vehicle registered to the Petitioner was crossing an intersection at Woolbright Road and SW 8 Street. Officer Verrigni reviewed the electronic evidence and photographs and issued a Notice of Violation on February 13, 2014. Messrs. Joseph and Stokes viewed the video. Mr. Joseph explained the vehicle was silver and not black. Additionally, he had not had the tag since December and submitted paperwork. He only had two tags that were active. When he registered his vehicle, he inquired at DMV if the tag was turned in and the clerk advised the tag was not active; it had been surrendered under a different name. As a result, he received a credit when he registered his new vehicle which was a Infinity. His other vehicle was a Honda that was not working. Mr. Joseph further testified he was not at that location. 2 Meeting Minutes Red Light Camera Violations B oynton Beach, FL April 10, 2014 Mr. Stokes noted the registration number did not match the vehicle identification number. Officer Verrigni requested the case be dismissed. Decision Mr. Stokes dismissed the case. Denequa Tranae Meeks- Croy Notice No. 1851400023300 Officer Petriello indicated on February 18, 2014, at 3:09 p.m., a vehicle registered to the Petitioner was crossing an intersection at East Boynton Beach Boulevard and North Seacrest Boulevard. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on December 24, 2014. Donnie Heath, Ms. Meeks - Mcroy's brother, was present and he and Mr. Stokes viewed the video. Mr. Heath explained the vehicle belonged to his sister's boyfriend, but he had used her license plate. The license plate was registered to a gray Honda that was painted orange, which was sold. The sister was unaware the boyfriend took the plate, but did not report it stolen. She had planned to register the plate to a black Audi, and did not because her license was suspended. The boyfriend owned a white Monte Carlo. Mr. Stokes commented she should have filled out the form transferring the liability as it clearly was a violation. She received the photograph and knew who the car belonged to. Officer Petriello and the City Attorney recommended the case be dismissed. Mr. Stokes noted the boyfriend takes the tag, runs red lights, everyone played dumb, and the sister was not present to testify. He cautioned the next time she receives a notice, if she does not fill out the transfer of liability, she will be held responsible. Decision Mr. Stokes dismissed the violation with no fine. Jessie Ledell Potts Notice No.1851400017849 Officer Petriello pointed out on February 6, 2014, at 12:06 p.m., a vehicle registered to the Petitioner was crossing an intersection at Gateway Boulevard and North Congress Avenue. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on February 11, 2014. Messrs. Potts and Stokes viewed the video. Mr. Potts explained his wife was driving, but agreed the light was red prior to crossing. 3 Meeting Minutes Red Light Camera Violations Boynton Beach, FL April 10, 2014 Decision Mr. Stokes explained the fine was $208 and he would have 30 days to make the payment. Pamela Janine Blutcher Notice No.1851400015413 Officer Verrigni advised on January 21, 2014, at 1:10 p.m., a vehicle registered to the Petitioner was crossing an intersection at South Federal Highway and SE 23 Avenue. Officer Verrigni reviewed the electronic evidence and photographs and issued a Notice of Violation on January 25, 2014. Ms. Blutcher and Mr. Stokes viewed the video. Ms. Blutcher explained she would pay the fine. She had surgery and was on medication. Her niece and nephew were driving. Decision Mr. Stokes explained Ms. Blutcher had 30 days to pay and the fine was $208. Keith Carson Notice No. 1812400004078 Officer Petriello noted on January 6, 2014, at 2:23 p.m., a vehicle registered to the Petitioner was crossing an intersection at Woolbright Road and SW 8 th Street. Officer Petriello reviewed the electronic evidence and photographs and issued a Notice of Violation on January 13, 2014. Messrs. Carson and Stokes viewed the video. Mr. Carson explained he has been out of work and used his life savings. He commented he was not in Boynton Beach or Palm Beach County and he was taking care of a seriously ill individual in Morriston, Florida. He arrived in Morriston on January 3 rd and returned on January 12, 2014. He had an affidavit attesting to his travel dates. He left his car with his girlfriend and her son in Hypoluxo, and the girlfriend was now his ex- girlfriend. He could not prove who was in possession. He did not want to accuse the wrong person of the infraction, but he could not afford the fee. He commented he had a clean driving record. Mr. Stokes accepted Mr. Carson's statement and made it part of the record. He also appreciated Mr. Carson's position, but per statute, he was responsible for the vehicle. He suggested if he allowed the girlfriend to drive the vehicle, he should have submitted a Transfer of Liability Affidavit. Decision Mr. Stokes explained the fine was $243 and he had 30 days to pay. He explained the difference between the fee of $208 and $243. 4 Meeting Minutes Red Light Camera Violations Boynton Beach, FL April 10, 2014 Mr. Carson inquired if there was an appeal process. Mr. Stokes responded there was no appeal process on the form. Pepper Marie Dalpian Notice No. 1851400014168 Officer Petriello indicated on January 21, 2014, at 7:48 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 February 5, 2014. Ms. Dalpian and Mr. Stokes viewed the video. Ms. Dalpian explained the only thing she received with the notice was a photograph of the vehicle, with a detachable stub to pay the fine. It did not mention the Transfer of Liability Affidavit. She had documentation she was at work at the time the infraction occurred and her brother was driving. If she had known, she would have provided his information. Mr. Stokes explained there was a form that could be downloaded and as the owner of the vehicle, she was responsible. Mr. Stokes explained the evidence was clear the vehicle ran the light. He suggested her brother pay the fine. Decision Based on the evidence, Mr. Stokes found a violation occurred. Attorney Bridgeman explained as long as the ticket was paid, it would not appear on her driving record. It would not affect her insurance rates or add points. The fine was strictly a monetary issue. Mr. Stokes assessed a fine of $243, and explained a violation occurred and she had 30 days to pay. Paul Anthony Karahalios Notice No. 1851300155426 Officer Petriello reported on January 24, 2014, at 2:27 p.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 later that month. Messrs. Karahalios and Stokes viewed the video. Mr. Karahalios inquired if there were problems with the light and asserted the light changed color erratically. He contended from one angle, it looked like he was way behind the line and he declared he was not guilty. He asked why a camera was not above the light and there was no sign indicating the light was photo enforced. He asked if there were problems calibrating the light. Officer Petriello responded the light was working correctly. 5 Meeting Minutes Red Light Camera Violations Boynton Beach, FL April 10, 2014 Mr. Stokes explained, since Mr. Karahalios felt the light was erratic, that it should warrant greater caution. Decision Based on the evidence presented by both parties, Mr. Stokes found a violation occurred. A fine was assessed at $243 and Mr. Karahalios had 30 days to pay. Sharon Levette Clark- Graham Notice No. 1851400008129 Officer Petriello explained on January 15, 2014, at 11:54 a.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 January 22, 2014. Mr. Stokes viewed the video. The Petitioner was not present. Decision Based on the evidence and Ms. Clark- Graham's failure to present any evidence to the contrary, Mr. Stokes found a violation occurred and assessed a fine of $243 payable in 30 days. Sheryl Denise McCormick Notice No. 1851400029414 Officer Verrigni remarked on March 2, 2014, at 4:58 p.m., a vehicle registered to the Petitioner was crossing an intersection at Gateway Boulevard and North Congress Avenue. Officer Verrigni reviewed the electronic evidence and photographs and issued a Notice of Violation on March 6, 2014. Mr. Stokes viewed the video. The Petitioner was not present. Decision Based on the evidence presented and the Petitioner failing to present evidence to the contrary, Mr. Stokes found a violation occurred and assessed a fine of $243 payable within 30 days. James Ladeldrick Williams Notice No. 1851400010778 Officer Verrigni explained on January 20, 2014, at 6:29 p.m., a vehicle registered to the Petitioner was crossing an intersection at Woolbright Road and SW 8th Street. Officer Verrigni reviewed the electronic evidence and photographs and issued a Notice of Violation January 24, 2014. Mr. Stokes viewed the video. The Petitioner was not present. 6 Meeting Minutes Red Light Camera Violations Boynton Beach, FL April 10, 2014 Decision Based on the evidence presented and the Petitioner failing to present evidence to the contrary, Mr. Stokes found a violation occurred and assessed a fine of $243 payable within 30 days. 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 to discuss, the meeting was adjourned at 10:21 a.m. Ouu"'L U f Catherine her Minutes Specialist 043014 7