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Minutes 02-13-14 MINUTES OF THE RED LIGHT CAMERA VIOLATION HEARINGS HELD IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON THURSDAY, FEBRUARY 13, 2014 AT 9:00 A.M. PRESENT: Ankur Sevak, Special Magistrate Gwen Mills, Clerk Shana Bridgeman, Assistant City Attorney Anthony Petriello, Boynton Beach, CSO Anthony Verrigni, Boynton Beach, CSO Sgt. Richard 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 was supposed to separately file an affidavit stating the circumstance. If there was any other reason the Petitioners thought the violation was in error, they appealed the determination. The Hearing provides the opportunity for the Petitioners to state their case. The appeals would be called based on the order Petitioners signed in. The Petitioners would speak and the Officer would give testimony and evidence why they receiv ed the violations. Mr. Sevak announced Petitioners have the opportunity to pay the ticket without additional fees immediately and pointed out that after reviewing the evidence, if the violation was upheld, additional fees would be applied. He also requested the Petitioners state their address on record so mailings to them would be received. 2. Approval of the Minutes — January 23, 2014 Minutes were not available for review. 3. Amendments to the Agenda None. 1 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 13, 2014 4. Swearing in Witnesses 5. The Clerk administered an oath to all those intending to testify. 6. Violation Hearings: Failure to comply with a steady red signal Savarese, John E. Notice No. 1851300100109 Officer Anthony Verrigni, Boynton Beach Police Officer, explained the vehicle was registered to the Petitioner. On July 22, 2013, at approximately 12:19 p.m., the vehicle was traveling through the intersection of Boynton Beach Boulevard at Congress Avenue. Officer Verrigni reviewed the electronic evidence and photographs and issued a Notice of Violation on August 1, 2013. John E. Savarese, explained he was not driving the car at the time of the incident. There were guests at his house who had access to the keys. Mr. Sevak remarked the Notice of Violation describes what to do in a case where the registered owner was not driving the car at the time of the incident. In this instance, a Transfer of Liability form should have been filled out showing the information for the person who was driving the car. Once the hearing started there was no recourse but to go ahead with the fine if a Transfer of Liability was not submitted. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300100109. Story, Clifford Ray Notice No. 1851300093882 Officer Verrigni explained on July 3, 2013, at 2:24 p.m., a vehicle registered to the Petitioner was traveling through the intersection of Federal Highway at 23 Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on July 30, 2013. Clifford Ray Story stated he was taking his car to a mechanic under emergent circumstances. Had he stopped for the light, his car would have shut off and he would have had to push it. Mr. Sevak asked Mr. Story if he could provide paperwork from the mechanic he would reconsider his case. After retrieving the paperwork from his car, Mr. Story gave the documents to Mr. Sevak. 2 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 13, 2014 Mr. Sevak remarked the paperwork showed a date-of September 19, 2013 when the incident happened on July 3, 2013. Mr. Story explained this was the date he picked up the car because it was at the mechanics for two months after the incident. Mr. Sevak asked Mr. Story to remain seated until he had a chance to review the documents. After reviewing the paperwork Mr. Sevak explained the documents did not show the car was dropped off at the mechanic's shop on the day of the incident, July 3, 2013. However, Mr. Sevak would accept Mr. Story's testimony that he was taking his vehicle on July 3, 2013. Decision After considering the evidence and testimony presented, Mr. Sevak dismissed the Notice of Violation No. 1851300093882. Valencia, Lermy P. Notice No. 1851300102063 Officer Verrigni stated on July 27, 2013, at 11:14 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 August 1, 2013. Lermy P. Valencia explained he did not recall the day in question and stated it could have been his wife. Mr. Sevak noted Mr. Valencia had a previous red light violation five years ago. Decision After considering the evidence and testimony presented, Mr. Sevak upheld Notice of Violation No. 1851300102063. Seif, Henryetta S. Notice No. 1851300125023 Officer Anthony Petriello, Boynton Beach Community Service Officer, stated on September 21, 2013, at 2:25 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 September 30, 2013. Henryetta S. Seif claimed she could not interpret the video. She asked for leniency because it was a financial burden. Ms. Seif commented making a left turn at this intersection is very difficult. 3 FETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 13, 2014 Decision After considering the evidence and testimony presented, Mr. Sevak dismissed Notice of Violation No. 1851300125023. Alou, Sharon Monahan Notice No. 1851300124851 Officer Petriello stated a vehicle registered to Sharon Monahan Alou was traveling through the intersection of Woolbright Road and SW 8 th Street. Jose Alou, husband of the petitioner, stated his wife could not appear because of work responsibilities. She was the driver of the car that day. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300124851. Brusati, Robert Scott Notice No. 1851300127813 Officer Petriello showed the video to the Petitioner who claimed it was his wife driving that day. After reviewing the video Mr. Brusati pled guilty. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300127813. Cahill, Catherine Marie Notice No. 1851300147902 Mr. Sevak remarked Ms. Cahill did not have a stellar driving history. Ms. Cahill acknowledged her record was not good. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300147902. Lizak, Ashlee B. Notice No. 1851300107161 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. 4 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 13, 2014 Ms. Lizak explained she was pregnant at the time, was feeling ill and rushing to get home. She understands she was speeding and asks for leniency. Decision After considering the evidence and testimony presented, Mr. Sevak dismissed Notice of Violation No. 1851300107161. Reinhart, Karen Sue Notice No. 1851300109803 Officer Petriello stated on August 16, 2013, at 4:42 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 August 21, 2013. Karen Sue Reinhart explained she was not able to view the video because she does not have a computer at home. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300109803. Ricks - Davis, Pamela Diana Notice No. 1851300124034 Officer Petriello reviewed the electronic evidence showing the vehicle registered to the Petitioner going through the red light. Johnnie Davis husband of Pamela Ricks - Davis, was driving the vehicle on the day of the incident and pled guilty. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300124034. Rietwyk, Eric Thomas Notice No. 1851300130247 Officer Petriello stated on October 1, 2013, at 2:02 p.m., a vehicle registered to the Petitioner was traveling through the intersection of Woolbright Road at SW 8 th Street. After reviewing the electronic evidence, a Notice of Violation was issued on October 7, 2013. 5 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 13, 2014 Eric Thomas Rietwyk explained although the car is registered in his name, his wife uses the car. However, he claimed that on the date of the incident his wife was at work. He continued explaining there is a family member living at their home with a substance abuse problem and has taken the vehicle on other occasions. Mr. Rietwyk acknowledged he did not know how to transfer liability to this person. Shana Bridgeman, Assistant City Attorney, informed Mr. Rietwyk the Notice of Violation explains what the requirements are for filing a Transfer of Liability. However, once the Petitioner requested a hearing, it was too late to file a Transfer of Liability. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300130247. Rogers, Susan Lynn Notice No. 1851300128175 Officer Petriello 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. Susan Lynn Rogers, stated she could not interpret the video when she viewed it. She remarked the vehicles across from her were making their left while she was making her left. However, Mr. Sevak explained all intersections are different and all light patterns are different. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300128175. Salzman, Rachel Lynn Notice No. 1851300122665 Officer Petriello stated on September 17, 2013, at 4:54 p.m., a vehicle registered to the Petitioner was traveling through the intersection of Boynton Beach Boulevard at Congress Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on September 27, 2013. Rachel Lynn Salzman, testified she viewed the video and claimed the light went from green to yellow to no light at all. Ms. Salzman provided stills of the video produced by Officer Petriello. Officer Petriello acknowledged the red lamp was out but there are two other lights on the other side of the street. 6 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 13, 2014 Decision After considering the evidence and testimony presented, Mr. Sevak dismissed the Notice of Violation No. 1851300122665. Samuels, Napoleon Ignatiu Notice No. 1851300128837 Napoleon Ignatiu Samuels explained his girlfriend thought he should ask for a hearing. However, Mr. Samuels acknowledged he has had two previous red light violations and did not wish to contest this incident. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300128837. Schulte, Staci Lynn Notice No. 1851300118671 Officer Petriello stated on September 9, 2013, at 8:25 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 September 16, 2013. Staci Lynn Schulte, stated she was behind a truck that obstructed her view of the light. She explained she was going too fast to stop. Decision After considering the evidence and testimony presented, Mr. Sevak dismissed the Notice of Violation No. 1851300118671. Service, Michele Cheri Notice No. 1851300121964 Officer Petriello stated on September 16, 2013, at 8:17 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 September 27, 2013. Michele Cheri Service, testified she was behind a truck when the light turned red and was not able to see the light. 7 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 13, 2014 Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300121964. Kucera, Jane Hickman Notice No. 1851300146441 Daniel Kucera, son of Jane Hickman Kucera, was present to speak on behalf of his mother who had difficulty hearing. Ms. Kucera was present. Mr. Kucera and his mother did not dispute the incident but requested time to explain some extenuating circumstances. Mr. Kucera stated his mother was 81 years old and had always had a clean driving record. Last year she was involved in a vehicle accident and her family no longer wanted her to drive and surrender her license. Mr. Kucera stated they have large medical bills and he requested compassion for the cost of the fine. Decision After considering the evidence and testimony presented, Mr. Sevak dismissed the Notice of Violation No. 1851300146441. Vareles, John Carlos Notice No. 1851300121642 Officer Petriello stated on September 15, 2013, at 10:51 a.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 September 25, 2013. John Carlos Vareles, testified he was rushing to pick up his wife who had an appointment at the hospital. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300121642. Vigliotti, Richard L. Notice No. 1851300130759 Richard L. Vigliotti explained the pictures of the incident on the website were very dark and not clear. He stated he emailed the website on four occasions and got no reply. He called the contact number six times. When someone finally answered, he was put on hold for one hour. Mr. Vigliotti claims he told the person on the phone the pictures were not clear and the response was; "You can straighten that out at the hearing ". 8 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 13, 2014 Officer Petriello showed Mr. Vigliotti the video and the pictures; however, Mr. Vigliotti stated the red arrow was not clear to his view at the time of the incident or in the video. Mr. Vigliotti inquired if evidence of certification and calibration of the lights and cameras has to be presented. Officer Petriello responded for this type of violation certification and calibration of the lights and cameras is not required. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300130759. Wells, Gregory Don Notice No. 1851300094005 Gregory Don Wells did not want to go ahead with the hearing and pled guilty. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300094005. Whittaker, Michelle Notice No. 1851300132938 Michelle Whittaker explained she has been in a treatment center since April 8, 2013 and is not allowed to drive. Family and friends took care of her responsibilities while she has been in treatment, which included the car. Ms. Whittaker claims someone used the car the day of the incident and put it back where it was parked, but she did not know who took it. Ms. Whittaker stated she did not have a job in order to pay the fine. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300132938. Mr. Sevak suggested Ms. Whittaker speak with Officer McNevin in regards to the amount of time to pay the fine. Ms. Bridgeman, Assistant City Attorney, stated the police officer could not make any changes in regards to the fine. It was up to Mr. Sevak to impose the fine and the amount. Mr. Sevak explained he was talking about the amount of time to pay back the fine not the amount of the fine. Ms. Whittaker inquired if she would lose her license if she could not pay the fine. Ms. Bridgeman replied the State of Florida would put a hold on her vehicle registration. When it is time to renew the registration, she would have to pay the fine. 9 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 13, 2014 Wright, Veoletta Notice No. 1851300138414 Officer Petriello stated on October 19, 2013, at 7:11 p.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 October 28, 2013. Veoletta Wright, explained she had been under a lot of stress due to her mother's illness. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300138414. Young, James S. Notice No. 1851300096513 James S. Young stated he was not disputing the violation because it was his car on the video, but neither he nor his wife drove the car at the time of the incident that day. He did not know who took his car and brought it back. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300096513. Tanne, Mitchell Notice No. 1851300142424 Officer Verrigni stated on October 31, 2013, at 1:23 p.m., a vehicle registered to the Petitioner was traveling through the intersection of Boynton Beach Boulevard at Seacrest Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on November 6, 2013. Mitchell Tanne, stated he could not stop in time. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300142424. Mr. Sevak recessed the meeting at 11:18 a.m. and reconvened the meeting at 19:29 a. m. 1 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 13, 2014 The following cases were not heard due to the Petitioner(s) not being present: Mailing, Ralph L. Notice No. 1851300145286 Officer Verrigni stated on November 7, 2013, at 1:43 p.m., a vehicle registered to the Petitioner, who was not present, 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 November 13, 2013. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300145286. Mailing, Ralph L. Notice No. 1851300129579 Officer Petriello stated on September 30, 2013, at 11:51 a.m., a vehicle registered to the Petitioner, who was not present, 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 October 4, 2013. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300129579. White, Shrmeeka Michell Notice No. 1851300099996 Officer Verrigni stated on July 21, 2013, at 10:06 p.m., a vehicle registered to the Petitioner, who was not present, was traveling through the intersection of Woolbright Road at Congress Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on August 1, 2013. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300099996. Spence, Rochelle G. Notice No. 1851300119919 Officer Petriello stated on September 11, 2013, at 8:05 a.m., a vehicle registered to the Petitioner, who was not present, was traveling through the intersection of Boynton Beach Boulevard at Congress Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on September 18, 2013. 11 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 13, 2014 Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300119919. Torhan, Holly A. Notice No. 1851300118085 Sgt. McNevin stated Ms. Torhan was present but had to leave due to work responsibilities. Officer Petriello stated on September 7, 2013, at 10:58 p.m., a vehicle registered to the Petitioner, who was now not present, 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 September 16, 2013. Mr. Sevak inquired the speed of the vehicle. Officer Petriello stated the Petitioner was traveling 95 miles per hour in a 35 mile per hour zone. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300118085. Weinstein, Jill Notice No. 1851300132490 Officer Petriello stated on October 5, 2013, at 9:56 a.m., a vehicle registered to the Petitioner, who was not present, was traveling through the intersection of Congress Avenue at Boynton Beach Boulevard. After reviewing the electronic evidence, a Notice of Violation was issued on October 21, 2013. Decision After considering the evidence and testimony presented, Mr. Sevak upheld the Notice of Violation No. 1851300132490. 7. Other Business None 8. City Requests and Reports None 2 MEETING MINUTES RED LIGHT CAMERA VIOLATIONS BOYNTON BEACH, FL. FEBRUARY 13, 2014 9. Local Hearing Officer Requests and Reports None 10. Adjournment There being no further business, Mr. Sevak adjourned the Hearing at 11:44 a.m. ace Morales Records Coordinator 2//24/14 3