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Minutes 09-11-14 TUTS OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA, ON SEPTEMBER 11, 2014, AT 9:00 A.M. James Stokes, Special Magistrate Gwen Mills, Clerk, Boynton Beach Police Department Officer Anthony Petriello, Boynton Beach Police Department Officer Anthony Verrigni, Boynton Beach Police Department 1. Call to Order: James Stokes, Special Magistrate, called the meeting to order at 9:09 a.m. and explained he is the Special Magistrate, appointed in accordance with State Statute. He does not work for the City and was a neutral party to adjudicate Red Light Camera violations, and he serves throughout the State as an Arbitrator, Mediator and Special Magistrate for various locations. Petitioners were present to challenge the citation. The City would present their case first, and he explained the procedures to be followed. After review of the video, if the Petitioner did not want to move forward, they should let him know because there was a hearing cost involved. If the hearing did not move forward, the hearing charge was not imposed. 2. Approval of Minutes: August 14, 2014 Mr. Stokes approved the minutes of July 10 and not the August 14, 2014, minutes. There was one change on page four regarding Notice 1851400043803. The sentence should read: "He found the traffic control devices were properly working on April 1, , 3. Amendments to the Agenda None. . Swear in of witnesses The clerk administered an oath to all those intending to testify. . Violation hearings The following individuals pled guilty and requested to pay the fine: Joseph J. Lisa Notice No. 1851400074956 John Henry Johnson Notice No. 1851400069352 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida September 11, 2014 Ernst McCloud Notice No. 1851400078403 Guignard JeJean Notice No. 1851400067190 Tony May Holloway Notice No. 1851400076092 Katarzyna Jann Bieluch Notice No. 1851400067133 Jodena Alexis Rene Notice No. 1851400077488 Lee Andrew Macon Notice No. 18514000094699 Anthony Petriello, Community Service Officer, explained on July 25, 2014, at 9:59 a.m., a vehicle registered to Palm Beach County, Palm Tran, was at the intersection of South Federal Highway and SE 23 Avenue. Palm Tran filed a Transfer of Liability Affidavit indicating Mr. Macon as the driver. After reviewing the electronic evidence and photographs, a Notice of Violation was issued on August 13, 2014. Mr. Stokes and Mr. Macon viewed the video. Mr. Macon commented they had standees, wheelchairs, individuals with strollers and elderly persons on the bus that day. If was safer to go through the light to avoid injuries to the passengers, than to stop short. Mr. Stokes appreciated the testimony and was conflicted. The vehicle was a common carrier vehicle which has greater exposure and liability when it is public transportation. He commented running the light did not foster that perception. Mr. Stokes explained there was 4.3 seconds to slow the vehicle before stopping, and he noted the vehicle was traveling the speed limit. Decision Mr. Stokes found a violation occurred and gave 30 days to pay. C Alanna C. Howe Notice No. 1851400081555 Officer Petriello advised on June 26, 2014, at 5:08 p.m., a vehicle registered to the Petitioner was at the intersection of West Woolbright Road and South Congress Avenue. After a review of the electronic evidence, a Notice of Violation was sent on June 30, 2014. Mr. Stokes and Ms. Howe viewed the video. The amber light time was 5.1 seconds and the red light time was 1.4 seconds. Ms. Howe explained when she watched the video, the light looked like it was yellow. She could not view the video ahead of time because the latest version of Adobe was needed. She watched it on her boss's computer and it reflected a yellow. She made a U -turn and pointed out there was a sign indicating U -turns should yield to oncoming traffic. 2 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida September 11, 2014 Mr. Stokes appreciated the testimony, but observed, after reviewing the still photographs, the light was red. By law, if the light was red and had a red arrow, the vehicle cannot cross the stop bars. The sign pertained to vehicles making right turns and there was no right turn lane. Mr. Stokes saw the amber light on for 5.1 seconds which was longer than required by State law. Boynton Beach lengthened their amber light time. Decision Based on the electronic evidence, Mr. Stokes found a violation occurred and assessed a fine, payable within 30 days. V Wagman Family Trust Notice No. 1851400092074 Mr. Murray Wagman could not download the picture on his computer so he viewed the video. Mr. Wagman explained he called the 800 number of the company who manufactures the cameras because he could not get a clear picture and asked what the time period for the yellow light was. He was told between four and five seconds which is longer than the State requires. Mr. Wagman commented he could not slam on the brakes. He did not know if someone was close to him, and he did not want to be rear - ended. The company representative stated he was 12 inches from the stop line. If the light was yellow four seconds, he did not think he could have stopped without hurting himself or someone else. If it was five seconds he would have made it through. Mr. Wagman inquired how old the camera was, the frequency of maintenance to ensure its accuracy, and if it was done by prescribed standards. Mr. Stokes explained maintenance was not his department. The City works with a vendor to keep the lights in good working order, but he did not know how often the light was calibrated. Mr. Stokes did not see anything that excused him from going through the light after a five - second, yellow light and found a violation occurred. He suggested Mr. Wagman request the maintenance records from the City, but Mr. Wagman stated he would pay the fine. Mr. Stokes advised there are no points being applied to his driving record. John Stephenson Notice Number 18514000 92354 Officer Petriello reviewed the video. After doing so, Mr. Stephenson commented he believed the light was not accurate. There was another vehicle that pulled out from a convenience store or gas station and he questioned the calibration of the light and disputed it. Mr. Stephenson indicated he was taking his wife to a doctor visit and the video was not the way he and his wife recalled the instance. Mr. Stokes viewed the video and saw he ran a red light. He commented Mr. Murray could request the documentation on the calibration from the company and if he saw 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida September 11, 2014 something he did not like, he could speak to the City. If the equipment was off, the City would do the right thing. Mr. Stephenson thought the City should review the camera calibration and Mr. Stokes agreed to ask how often they look at the item. Decision Mr. Stokes found a violation occurred and gave 30 days to pay. Evangeline Mack-Sullivan Notice No. 1851400074634 Officer Verrigni explained on June 6, 2014, at 10:20 p.m., a vehicle registered to the Petitioner was at the intersection of Boynton Beach and Seacrest Boulevards. After a review of the electronic evidence, a Notice of Violation was issued on June 11, 2014. Mr. Stokes and Ms. Mack - Sullivan and her husband viewed the videos and the stills. Ms. Mack-Sullivan felt the information was inaccurate because she does not drive at night. Mr. Stokes explained the way the Statute was written, the registered owner receives the original violation notice. If she was not driving, the information to submit a Transfer of Liability Affidavit was included on the notice. The law was written if the registered owner does not identify another driver, they remain responsible because the owner is responsible for the vehicle. Discussion followed whether the cameras were calibrated or not. Decision After a review of the video, Mr. Stokes determined they crossed the stop bar when the light was red. Ms. Mack - Sullivan was given 30 days to pay the fine, and she requested 60 days. Mr. Stokes explained they could only give 30 days, but they should contact the City if they needed an extension. Kelly Shawn Casey Notice No. 18514000 78478 Officer Petriello explained on June 16, 2014, at 4:35 p.m., a vehicle registered to the Petitioner was at the intersection of South Federal Highway and SE 23 Avenue. After a review of the electronic evidence, a Notice of Violation was issued on June 23, 2014. Mr. Stokes and Ms. Casey reviewed the video. Ms. Casey had not read the fine print and did not file the Transfer of Liability Affidavit. She accepted responsibility. 4 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida September 11, 2014 Decision Mr. Stokes found a violation occurred. Joseph Wolcott Notice No. 1851400072018 Officer Verrigni commented on May 31, 2014, at 1:46 p.m., a vehicle registered to Police Department Holdings with an Affidavit assigned to Joseph Wolcott as the driver, was at the intersection of Boynton Beach Boulevard and North Congress Avenue. After a review of the electronic evidence and photographs, a Notice of Violation was issued on July 3, 2014. Mr. Wolcott and Mr. Stokes viewed the video. Mr. Wolcott explained he was in Bethesda Hospital on May 26, 2014, and he was released on June 12, 2014. It was a Budget car rental and his wife's friend was driving. Mr. Stokes explained the vehicle ran the light and the way the law is written, the violation goes to the registered owner. If the owner was not driving, he needed to file an affidavit or the wife needed to be present to identify who was driving. The wife had indicated to him the person driving did not have a license. He contended he had proof he was not driving and he should not have to pay the fine. Mr. Stokes agreed, but the process needed to be followed and there was a deadline. Mr. Stokes agreed to continue the case to next month and Mr. Wolcott agreed to get the completed affidavit to the Police Department by the end of the day or first thing in the morning. Decision Mr. Stokes continued the case to the meeting next month. Donna Chatelain Notice No. 1851400080433 Officer Verrigni explained on June 21, 2014, at 4:57 p.m., a vehicle registered to the Petitioner was at the intersection of Boynton Beach and Seacrest Boulevards. After a review of the electronic evidence, a Notice of Violation was issued on June 26, 2014. The red light time was .6 seconds. Mr. Stokes and Ms. Chatelain viewed the video. After doing so, Ms. Chatelain changed her plea to guilty and requested 30 days. Decision Mr. Stokes found a violation occurred and assessed a fine payable within 30 days. 5 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida September 11, 2014 Melissa Payne Notice No. 1851400067356 Officer Verrigni explained on May 21, 2014, at 10:23 a.m. a vehicle registered to the Petitioner was at the intersection of E. Boynton Beach and Seacrest Boulevards. After a review of the electronic evidence, a Notice of Violation was issued on May 29, 2014. The red light time was .3 seconds. Mr. Stokes and Ms. Payne viewed the video. Ms. Payne explained she was pregnant and sick most of the time. Friends and family were driving her everywhere. She inquired if she pled guilty whether the fine would be less because she was unemployed. Mr. Stokes explained it would and she had 30 days to pay. Ms. Payne canceled the hearing to pay the lower fine. Decision Mr. Stokes found a violation occurred and gave 30 days to pay. A Thomas J Capraro Notice No. 1851400078569 Officer Pettriello explained on June 16, 2014, at 6:32 p.m., a vehicle registered to the Petitioner was at the intersection of South Federal Highway and SE 23 Avenue. After a review of the electronic evidence, a Notice of Violation was issued on June 23, 2014. The red light time was .7seconds. Mr. Capraro was not present. Decision Mr. Stokes viewed the video and based on the evidence, found a violation occurred. He assessed a fine of $243 payable within 30 days and noted the Petitioner was not present F Ashley Beckford Notice No. 1851400077298 Officer Verrigni reviewed on June 13, 2014, at 12:49 p.m. a vehicle registered to the Petitioner was travelling at the intersection of South Federal Highway and SE 23r Avenue. After a review of the electronic evidence, a Notice of Violation was issued on June 18, 2014. The red light time was eight seconds. Mss. Beckford was not present. Mr. Stokes viewed the video. Decision Based on the evidence, Mr. Stokes assessed a fine of $243 payable within 30 days. 6 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida September 11, 2014 N. Richard Dennis Legare Notice No. 1851400065095 Officer Petriello reviewed on May 16, 2014, at 8:46 a.m., a motorcycle registered to the Petitioner was on South Federal Highway and SE 23 Avenue. After a review of the electronic evidence, a Notice of Violation was issued on May 22, 2014. The red light time was two seconds. Mr. Legare was not present. Mr. Stokes viewed the video. Decision Mr. Stokes found a violation occurred and assessed a fine of $243, payable within 30 days. Sheri Lynne Pickel Notice No. 1851400060252 Officer Petriello pointed out Ms. Pickel had two cases. Officer Verrigni would present the second case. On May 6, 2014, at 11:20 a.m., a vehicle registered to the Petitioner was at the intersection of South Federal Highway and SE 23rd Avenue. After a review of the electronic evidence, a Notice of Violation was issued on May 12, 2014. Ms. Pickel was not present. Mr. Stokes viewed the video. Decision Mr. Stokes found a violation occurred and assessed a fine of $243, payable within 30 days. P Sherri Lynne Pickel Notice No. 0851400073800 Officer Verrigni explained on June 4, 2014, at 11:09 a.m., a vehicle registered to the Petitionerwas at the intersection of South Federal Highway and SE 23 Avenue. After a review of the electronic evidence, a Notice of Violation was issued on June 11, 2014. The red light time was .5 seconds. Ms. Pickel was not present. Decision Mr. Stokes viewed the video and found a violation occurred. He assessed a fine of $243, payable within 30 days. Richwagen Cycle Inc. Notice No. 1851400079476 Officer Verrigni announced on June 18, 2014, at 7:10 p.m., a vehicle registered to the Petitioner was at the intersection of South Federal Highway and SE 23 After a review 7 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida September 11, 2014 of the electronic evidence, a Notice of Violation was issued on June 26, 2014. The red light time was .5 seconds and the speed was 55 mph. The Petitioner was not present. Mr. Stokes viewed the video and still photographs. Decision Based on the evidence, Mr. Stokes determined a violation occurred. He assessed a fine of $243, payable within 30 days. Latia Nicole Sanders Notice No. 185140080920 Officer Petriello reviewed on June 23, 2014, at 7:28 a.m., a vehicle registered to the Petitioner was at the intersection of West Gateway Boulevard and North Congress Avenue. After a review of the electronic evidence, a Notice of Violation was issued on June 30, 2014. The red light time was one second. Ms. Sanders was not present. Mr. Stokes viewed the video. Decision Based on the evidence he found a violation occurred and assessed a fine of $243, payable within 30 days. T Jake Stefan Jackson Notice No. 1851400081373 Officer Petriello stated on June 24, 2014, at 2:10 p.m., a vehicle registered to the Petitioner was at the intersection of South Federal Highway and SE 23 Avenue. After a review of the electronic evidence, a Notice of Violation was issued on June 30, 2014. The red light time was 1.5 seconds. Mr. Jackson was not present. Decision Mr. Stokes viewed the video and found a violation occurred. He assessed a fine of $243, payable within 30 days. Adjournment There being no further business to discuss, Mr. Stokes adjourned the hearings at 10:51 a.m. y Catherine Cherry Minutes Specialist 091914 8