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Minutes 07-10-14 MINUTES OF THE RED LIGHT CAMERA VIOLATION HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BO Y N TON BEACH, FLORIDA THURSDAY, JLY10, 2014, AT 9:00 A.M. PRESENT: Ankur Sevak, Special Magistrate Shana Bridgeman, Assistant City Attorney Sgt Richard McNevin Officer Anthony Petriello, Boynton Beach Police Department Officer Anthony Verrigni, Boynton Beach Police Department 1. Call to order by Special Magistrate, Ankur Sevak Mr. Sevak opened the meeting at 9:01 a.m., and explained the procedures to be followed. The hearing was to give Petitioners who received notices the opportunity to present their case. The appeals would be called based on the order Petitioners signed in. All those intending to speak would testify under oath. Mr. Sevak advised Petitioners that had not viewed the video would be given an opportunity to do so before moving forward with the 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. 2. Approval of Minutes June 12, 2014 This item was not addressed. 3. Amendments to the Agenda None. . Swear in witnesses The Clerk administered an oath to all those intending to testify. 5. Violation Hearings: Failure to comply with a steady red signal A. Jennifer Amanda Carter Notice No.1851400029778 Anthony Petriello, Boynton Beach Police Community Service Officer, reported on March 3, 2014, at 8:41a.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 March 7, 2014. The red light time was .6 seconds. Mr. Sevak and Ms. Carter viewed the video. Ms. Carter explained she saw flashing lights behind her. She tried to file an affidavit regarding emergency vehicles, but was one day late. MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FL JULY 10, 2014 Decision After considering the evidence and the testimony of the Petitioner and Officer, Mr. Sevak dismissed Notice of Violation No. 1851400029778. B. Charlotte Denise Wilkins Notice No. 1851400038985 Ms. Wilkins had not viewed the video. She advised she had also attended the May and June hearings to ascertain if there was any other way to pay the fine because she was not working. She owns two vehicles Officer Petriello commented whoever was driving the vehicle should have a license re- examination because the vehicle was in a very dangerous situation. Mr. Sevak and Ms. Wilkins viewed the video and Mr. Sevak agreed there are all sorts of violations occurring. He explained there was nothing else, such as community service that could be done, other than paying the fine within 30 days. If not paid, she would not be able to renew the vehicle registration. She commented her son was driving the car. Ms. Wilkins did not move forward with the hearing. Decision After a review of the electronic evidence and the testimony of Officer Petriello and the Petitioner, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation No. 1851400038985. C. Larry Darnell Aikens Notice No. 1851400039421 Mr. Aikens had not seen the video which he and Mr. Sevak then viewed. Officer Petriello explained on March 21, 2014, at 5:16 p.m. a vehicle registered to the Petitioner was crossing the intersection of Seacrest and Boynton Beach Boulevards. After a review of the electronic evidence, a Notice of Violation was issued on March 31, 2014. The red light time was .4 seconds. Mr. Aikens explained the vehicle in front of him was turning and for a few seconds, he could not look at the light. If he would have stopped, he would have been in the road. Decision Based on the review of the electronic evidence presented in Chambers and the testimony of Officer Petriello and Mr. Aiken, Mr. Sevak dismissed Notice of Violation No. 1851400039421. D. Michael Kevin McLaren Notice No. 1851400041278 Mr. McLaren did not want to move forward with the hearing and asked for leniency as he was laid off. Mr. Sevak explained the courts permit some leniency, but Mr. Sevak had to adhere to the rules of the hearing. 2 MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FL JULY 10, 2014 Decision Mr. Sevak viewed the video, cancelled the hearing and assessed a penalty of $208. E. Joseph Frank Cufferi Notice No. 1851400043225 Officer Petriello reviewed on March 31, 2014, at 8:41 a.m., a vehicle registered to the Petitioner was at the intersection at Boynton Beach Boulevard and North Congress Avenue. After a review of the electronic evidence, a Notice of Violation was issued on April 4, 2014. The Petitioner was not present. Mr. Sevak viewed the video. Decision After review of the electronic evidence and the Officers testimony, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation No. 1851400043225 for Joseph Frank Cufferi, who requested a hearing, was properly noticed, but was not present in Chambers. He was assessed penalties of $243. F. Robert F. Kruth Notice No. 1851400043803 Officer Petriello advised on April 1, 2014, at 12:38 p.m., a vehicle registered to the Petitioner was crossing an intersection at Woolbright and SW 8 After reviewing the electronic evidence, a Notice of Violation was issued on April 21, 2014. The red light time was .4 seconds. The amber time was .4 seconds and the speed was 29 miles per hour, which was below the 40 mile per hour speed limit. Mr. Kruth and Mr. Sevak reviewed the video. Mr. Kruth commented he thought the light was still yellow. He received a notice for the hearing, attended and no one was present. He went to the Police Department and learned they only have hearings once a month. Mr. Kruth questioned why he did not get a letter stating the hearing would be changed because he had taken the day off from work to attend. He had also requested other information when he returned his request for hearing which was a deposition from the Officer who wrote the citation as it only had his badge number on it, inquiring the last time he was certified, and a deposition from the company who handles the photographs to see if the photo was digitally enhanced. None of that information was received. Mr. Kruth asserted Chapter "613" of the State Uniform Traffic Control pertaining to what signals and devices that are used should have and detailed the number of lights the device is to have. Additionally, this camera was not above the intersection. It was on a post 30 to 60 feet away. There were no lights on the device as stated in Chapter "316" which requires the devices to have lights on them. He contended the company that manufactures and installed the equipment advised him of the errors and error messages given on the device. Mr. Sevak explained the rules of traffic court and civil procedure was not applicable because this was not a court of law. Mr. Kruth inquired if he pled not guilty whether he had to go to a 3 MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FL JULY 10, 2014 trial. Mr. Sevak suggested because the matter was involved, he and Mr. Kruth speak after the other Petitioner's violations were decided and Mr. Kruth agreed. Officer Petriello recalled Mr. Kruth at 9:32 a.m. and replayed the video. Mr. Sevak apologized for the confusion with the hearing dates. He clarified the Florida Rules of Traffic Court did apply at the hearing, and Mr. Kruth's right to a deposition and other remedies he had mentioned were pursuant to a Uniform Traffic Citation which used to be issued for these situations. The law changed last summer and that was why this type of a hearing was created. He recognized Mr. Kruth requested the hearing for factual reasons why the Notice of Violation should be dismissed. Mr. Sevak clarified the hearing was the Petitioner's chance to address his concerns with the Officers regarding certification, but advised, other than their ability to testify as Officers, their qualifications and certifications were not in question. Mr. Kruth's contention was Chapter 316 required traffic control devices to have red, green, and yellow lights and the camera did not. The camera was added to a device that existed. The camera also needed to be mounted above the device so motorists could see it and it was not and there was also room for error which the company that installed the camera confirmed. The camera is regulated and there is a three to four second delay. Mr. Kruth pointed out he still could have been under the light when it was yellow. As a citizen he assumed he would have rights in a court of law. Mr. Sevak reiterated he was not cited with a Uniform Traffic Citation. If he were, his argument would apply. He was only viewing the video and testimony presented to him. After doing so, the device still showed the light was red. The cameras were fine where they were mounted, the camera was working properly at the time and the vehicle Mr. Kruth was driving was behind the stop bar when it did cross. The Petitioner could appeal the matter. Decision For the purposes of the hearing, Mr. Sevak upheld Notice of Violation 1851400043803 and assessed penalties in the amount of $243. Mr. Sevak stated for the record he found a factual basis. He found the traffic control devices were properly working on April 1, "2004," and the Officers were properly certified to give testimony as to the violation. G. Margaret Mary Everlith Notice No.1851400044926 Ms. Everlith had not viewed the video, but after doing so, opted not to move forward with the hearing. Decision Mr. Sevak found there was a sufficient factual basis to uphold Notice of Violation No. 1851400044926 and assessed penalties of $208. H. Salvatore Scieetta Notice No. 1851400045170 Officer Petriello advised on April 4, 2014, at 7:08 a.m., a vehicle registered to the Petitioner was crossing the intersection at South Federal Highway and SE 23 Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on April 10, 2014. The red light time was .9 seconds and the speed was approximately 38 miles per hour. The Petitioner was not present. 4 MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FL JULY 10, 2014 Decision After a review of the electronic evidence and the Officer's testimony, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation No. 1851400045170, and assessed penalties of $243 for Salvatore Sciebetta who requested a hearing, but was not present in Chambers. I. Edward H. Kohlschreiber Notice No. 1851400046871 Mr. Kohlschreiber had not viewed the video. After doing so, he pled guilty and did not move forward with the hearing. Decision Mr. Sevak noted for the record, Mr. Edward H. Kohlschreiber did not move forward with the hearing. He admitted to the violation without a hearing for Notice of Violation No. 1851400046871. Mr. Kohlschreiber received paperwork regarding his fine. J. Melissa Sanchez Notice No. 1851400049792 Ms. Sanchez had not viewed the video. Officer Petriello played the video which Ms. Sanchez and Mr. Sevak viewed and after doing so admitted to the violation and did not move forward with the hearing.. Mr. Sevak cancelled the hearing and assessed a penalty of $208. Decision Mr. Sevak found a sufficient factual basis to uphold Notice of Violation No. 1851400049792 based on the Officer's testimony, the electronic evidence presented in Chambers and Ms. Sanchez's testimony. K. Ricky Lemond Petty Notice No.18514000530118 Anthony Verrigini, Community Service Officer, reported on April 20, 2014, at 11:06 a.m., a vehicle registered to the Petitioner was at Boynton Beach and Seacrest Boulevards. After a review of the electronic evidence, a Notice of Violation was issued May 1, 2014. The red light time was .3 seconds. Mr. Sevak viewed the video. The Petitioner was not present. Decision After review of the electronic evidence in chambers and Officer Verrigni's testimony Mr. Sevak found a sufficient factual basis to uphold Notice of Violation 1851400053018. Mr. Petty requested a hearing, the paperwork is in order and he was not present in Chambers. Mr. Sevak assessed a penalty of $243. L. Samantha Ellen Wilson Notice No. 1851400056599 Ms. Wilson had not viewed the video. Officer Petriello played the video for Ms. Wilson and Mr. Sevak. After doing so, Ms. Wilson opted not to move forward with the hearing. 5 MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FL JULY 10, 2014 Decision After review of the electronic evidence, Officer Petriello's testimony and Ms. Wilson admitting to the violation, Mr. Sevak upheld Notice of Violation No. 1851400056599. M. David C. Profitt Notice No. 1851400058124 This case was reset to a future date. N. John Tucker Marston Notice No. 1851400058231 Officer Petriello explained on May 1, 2014, at 9:10 a.m., a vehicle registered to the Petitioner, who was not present, was at an intersection at South Federal Highway and SE 23` Avenue. After a review of the electronic evidence, a Notice of Violation was issued May 12, 2014. The red light time was .6 seconds. Mr. Sevak viewed the video. Decision After a review of the electronic evidence presented and the Officer's testimony, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation No. 1851400058231 regarding John Tucker Marston of Gate Mills, Ohio, who requested the hearing and was not present in Chambers. Mr. Sevak assessed penalties in the amount of $243. O. Dennis E. Martin Notice No. 1851400058652 Mr. Martin had not viewed the video. After doing so, Mr. Martin wanted to move forward with the hearing. Officer Petriello advised on May 2, 2014, at 7:21 a.m., a vehicle registered to the Petitioner was eastbound on Boynton Beach Boulevard and N. Congress Avenue. After a review of the electronic evidence, a Notice of Violation was issued on May 12, 2014. The red light time was 1 second. Mr. Martin explained his car was in a repair shop and it had no brakes. He told the owner to take the plate off because it expired on the 1s and his birthday was the 10 He was at Palm Beach Gardens at a doctor appointment and someone did not remove the tag and drove the vehicle. He had the car towed to his home, the plate was missing and he reported it stolen to the Royal Palm Beach Police. He obtained a new plate and registration on the 20 and the car was now in a different shop somewhere else. Mr. Sevak explained there is a Transfer of Liability Affidavit he could have used to transfer liability to Scotts Restoration Shop. Decision Based on the electronic evidence presented and the Officer's and Mr. Martin's testimony, Mr. Sevak found a violation occurred. Since he did not file a transfer of liability, there was nothing 6 MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FL JULY 10, 2014 that could be done except take it up with the repair shop. Mr. Sevak found a sufficient factual basis to uphold Notice of Violation 1851400058652 and assessed fees of $243. Q. yishea Denise Blackshell Notice No. 1851400061045 Ms. Blackshell had not viewed the video and had not requested the hearing because she had filed the transfer of liability. After she received the hearing notice, she called inquiring why she received the notice when she turned in her work schedule to show she had not been driving the vehicle. Ms. Blackshell was advised only some of the documents she mailed were received. Ms. Blackshell explained she sent them all in one envelop and questioned how staff received the two forms and not the third. She named the person who was driving on the transfer. Officer Petriello reviewed the paperwork and consulted with Assistant City Attorney Shana Bridgeman who advised a page was missing. Attorney Bridgeman explained the City was proceeding, and it was up to Mr. Sevak to either dismiss or move forward. There is no way the City would know if Ms. Blackshell mailed the documents or not. If she did, it was not uploaded in the system. Mr. Sevak and Ms. Blackshell viewed the video. The amber time was four seconds, the red light time was. 1 and her speed was 21 miles per hour, which was below the speed limit. Decision After a review of the electronic evidence and testimony of the Officer and Ms. Blackshell, Mr. Sevak found a sufficient factual basis to dismiss Notice of Violation 1851400061045. R. PRICE IS RIGHT LAWN SERVICE LLC Notice No. 1851400062423 Officer Petriello reported on May 10, 2014, at 1:55 p.m., a vehicle registered to the lawn service was at the intersection of South Federal Highway and SE 23rd Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on May 16, 2014. Mr. Sevak reviewed the video Decision After reviewing the electronic evidence presented in Chambers and Officer Petriello's testimony, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation 1851400062426, Price is Right Lawn Service, LLC, / Jeff L. Price who requested a hearing on behalf of the LLC, was not present. Mr. Price will be assessed penalties of $243. S. FERA ENTERPRISES IC Notice No. 1851400064726 Keith Diaferia asked about the meaning of stop light seconds. Mr. Sevak replied it was the amount of time the light was red before the intersection was entered. Mr. Sevak and Mr. Diaferia viewed the video. After doing so, Mr. Diaferia wanted to move forward with the hearing and explained he has a good driving record. Officer Petriello explained on May 15, 2014, at 10:25 a.m., a vehicle registered to Petitioner was at the intersection of South Federal Highway and SE 23r Avenue. After reviewing the electronic 7 MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FL JULY 10, 2014 evidence, a Notice of Violation was issued May 22, 2014. The red light time was .7 seconds. He was travelling 51 miles per hour on a 35 mile per hour road. Mr. Diaferia commented he probably saw the light turn yellow and tried to make it through. The truck is a 1,200 pound vehicle and he believed if he stopped too fast, he would be hurt. Decision Mr. Sevak found Mr. Diaferia's testimony to be credible, but cautioned he should not drive fast. Mr. Sevak found a sufficient factual basis to dismiss Notice of Violation 1851400064726. No penalties assessed. T. HARRIET RESNICK Notice No. 1851400064742 Officer Petriello advised on May 15, 2014, at 12:03 p.m., a vehicle registered to the Petitioner was on Gateway Boulevard at N. Congress Avenue. After a review of the electronic evidence, a Notice of Violation was issued on May 22, 2014. The red light time was 7.7 seconds. Decision After a review of the electronic evidence and the testimony of Officer Petriello, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation 1851400064742 Harriet Resnick who requested a hearing, but was not present in Chambers. She will be assessed penalties of $ 243. U. ALISSON MONPLAISIR Notice No. 1851400065301 Officer Petriello reported on May 16, 2014, at 2:44 p.m., a vehicle registered to the Petitioner, who was not present, was crossing the intersection at Woolbright Road and S. Congress Avenue. After reviewing the electronic evidence, a Notice of Violation was issued on May 22, 2014. The red light time was. 1 second. Decision After reviewing the electronic evidence and Officer Petriello's testimony, Mr. Sevak found a sufficient factual basis to uphold Notice of Violation 1851400065301 and assessed penalties of $243. Ms. Monplaisir requested the hearing, but not present. V. WILLIAM LAWRENCE LE NEVE Notice No. 1851400069121 Mr. Le Neve had not viewed the video and after doing so, opted to move forward with the hearing. Officer Verrigni explained on May 24, at 2:16, a vehicle registered to the Petitioner was crossing an intersection at Gateway Boulevard and N. Congress Avenue. After a review of the electronic evidence, a Notice of Violation was issued on May 30, 2014. The red light time was .9 seconds. Mr. Sevak and Le Neve viewed the video. 8 MEETING MINUTES RED LIGHT CAMERA HEARINGS BOYNTON BEACH, FL JULY 10, 2014 Mr. Le Neve explained there was an accident at the intersection and an Officer was waving cars through the intersection he went through. Mr. Sevak noted there were exemptions on the back of the form and if an accident occurred, the Police should be notified. Mr. Le Neve was unaware of the exemption. Mr. Sevak noted other motorists were following the traffic device. Officer Verrigni pointed out in the video there were two police cars and two police Officers. Mr. Le Neve would not go through the light with Officers present and was not speeding. Decision After a review of the electronic evidence presented and the testimony of Officer Verrigni and Mr. Le Neve, Mr. Sevak dismissed Notice of Violation No. 1851400069121. W. PETER WILHELM KUYLENSTIERNA Notice No. 1851400069204 Mr. Kuylenstierna had not viewed the video. Officer Petriello played the video for Mr. Kuylenstierna and Mr. Sevak. The amber time was four seconds and the red light time was .1. He was travelling 54 miles per hour in a 35 mile per hour zone. After reviewing the video Mr. Kuylenstierna opted not to move forward with the hearing. Decision Mr. Sevak acknowledged they were not moving forward with the hearing and assessed penalties of $208. 6. City requests and reports None. 7. Adjournment There being no further business to discuss, Mr. Sevak concluded the hearing at 10:57 a.m. 00-6UAJ,4kJ-J/U pjf, Catherine Cherry Minutes Specialist 080994 9