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Minutes 10-09-14 MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON EACH BLVD, BOYNTON BEACH, FLORIDA, ON OCTOBER 9, 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: Mr. Stokes called the hearings to order at 9:23 a.m. He explained he is a neutral third party, with no relationship to the City who will determine whether a violation occurred. An Officer will present the City's testimony first. After a review of the video, the Petitioner will then present their testimony. If guilt is found, the fine is non - negotiable and is set by Statute. 2. Amendments to the Agenda None. 3. Approval of Minutes of August 14, 2014 Mr. Stokes approved the minutes. . Swear in witnesses The Minutes Specialist administered the oath to all those intending to testify. 5. Violation Hearings: Failure to comply with a steady red signal Mr. Stokes explained the fine on the original Notice is $158. If the Petitioner appealed and changed their plea before the hearing, the fine would be $208. If the hearing was held and guilt was found, the fine would be $248. If found not guilty, a fine would not be assessed. Mr. Stokes requested those wanting to change their pleas to come forward. E. Stephen Neil Leach 1851400085606 Mr. Leach pled guilty. Mr. Stokes advised the fine was $208 payable within 30 days. If more time was needed, he could approach the City. Minutes Red Light Camera Hearings Boynton Beach, Florida October 9, 2014 C. Pierre Roussel Jabouin 1851400089418 Mr. Jabouin requested to change his plea and requested 30 days to pay. Mr. Stokes explained the fine was $208 payable within 30 days A. Leonard Junior Glover 1851400085606 Officer Petriello explained on July 5, 2014, at 1:57 p.m., a vehicle registered to the Petitioner was at the intersection of Boynton Beach Boulevard and N. Seacrest Avenue. After a review of the electronic evidence and photographs, a Notice of Violation was issued on July 10, 2014. The red light time was .2 seconds. Messrs. Stokes and Glover viewed the video. Mr. Glover did not know who was driving the truck, but acknowledged his wife drives the vehicle. He was here to ensure his name was not on the ticket. Mr. Stokes explained the law allows the owner to file an Affidavit that another person was driving. In this case, the money was coming from the household. There are no points on the license, and insurance rates will not be impacted. Mr. Glover was upset because the fine jumped from $158 to $208. Mr. Stokes explained if he had sent in the Transfer of Liability Affidavit, the Notice would not have been sent to him. Mr. Glover contended the Affidavit was sent. Mr. Stokes noted Ms. Glover signed the Request for Administrative Hearing, not the Transfer of Liability Affidavit. Mr. Glover commented she was at the line, and did not believe she crossed it, but requested 30 days to pay, which was acceptable to Mr. Stokes. K. Marie Margaret Salomon 1851400106477 Officer Petriello advised on August 29, 2014, at 4:10 p.m., a vehicle registered to the Petitioner was at the intersection of Congress Avenue and Boynton Beach Boulevard. After a review of the electronic evidence and photographs, a Notice of Violation was sent on September 5, 2014. The red light time was one second. Mr. Stokes and Ms. Salomon viewed the video. Ms. Salomon pointed out the Notice said NW 2 nd Avenue and Officer Petriello explained Boynton Beach Boulevard was also known as NW 2 " Avenue. She pled guilty and requested at least 30 days. Decision Mr. Stokes advised the fine was $208. 2 Minutes Red Light Camera Hearings Boynton Beach, Florida October 9, 2014 D. r Wayne Johnson 1851400065855 Mr. Johnson explained he was in active bankruptcy, and even if found guilty, he would not be able to pay. Officer Petriello explained on May 17 2014, at 4:42 p.m. a vehicle registered to a company who identified Mr. Johnson as the driver, was crossing the intersection at South Federal Highway and SE 23 Avenue. After a review of the electronic evidence and photographs, a Notice of Violation was issued on July 15, 2014. The red light time was .2 seconds. Messrs. Stokes and Johnson watched the video. Mr. Johnson inquired if he was supposed to slam on the brakes. He contended Gulfstream Boulevard, Boynton Beach Boulevard, Gateway and Federal Highway have six seconds, and this intersection is three seconds. To him it was a set up. He said the front part of the car was over the white line. He inquired about the change in yellow time length and asserted he was not over the line. The video was replayed. Mr. Stokes explained, by law, amber lights only had to be three seconds. The City increased them to four seconds, some are 3.5 or 3, but the purpose of the amber light is to prepare to stop. Decision Mr. Stokes found a violation occurred and gave 30 days to pay. F. Brian Keith McNaly 1851400076696 Officer Verrigni reviewed on June .11, 2014, at 6:58 p.m., a vehicle registered to Violeta T. Williams, who filed a Transfer of Liability Affidavit to Mr. McNaly, was at South Federal Highway and SE 23 Avenue. After a review of the electronic evidence and photographs, a Notice of Violation was issued on July 30, 2014. Mr. Stokes and Mr. McNaly viewed the video. Mr. NcNaly explained his last name was McGeary. He asked who owned the car, and took issue with anyone saying someone else was driving. He was at WalMart with someone else. She got mad at him and put his name on the ticket. He does not own a vehicle and he walked to WalMart, Mr. Stokes explained if he was not driving, he should have filed the Affidavit Mr. McGeary was putting the blame back on her. Mr. McGeary thought the matter would keep going back and forth if he filed an Affidavit. Mr. Stokes explained he is restricted by the structure of the Statute. The could only deal with what was in front of him. Mr. Stokes explained the violation does not create 3 Minutes Red Light Camera Hearings Boynton Beach, Florida October 9, 2014 points on one's driving record. The violation goes to the vehicle owner who has to identify the driver. She sent in an Affidavit under oath that he was driving the car. The vehicle ran the light and he has to fine who was identified by a sworn Affidavit. Mr. McGeary thought the process was unfair. Decision Mr. Stokes found a violation occurred and assessed a fine. H. Bernard Wayne Olivie 1851400081894 Officer Verrigini announced on June 26, 2014, at 7:21 a.m., a vehicle registered to the Petitioner was crossing Woolbright Road and Congress Avenue. After a review of the electronic evidence and photographs, a Notice of Violation was issued on July 2, 2014. The red light time was .5 seconds. Messrs. Stokes and Olivie reviewed the video. Mr. Olivie explained his cousin was driving the vehicle and he had since passed. The only Notice he got was when he received the ticket and his office lost the photograph. He had not sent in the Transfer of Liability Affidavit. He asked if the City has the right to enforce this for the State using the photographs and thought it was a scam the State put across its citizenry. Mr. Stokes responded the Statute gives cities the right to enforce the violations. Mr. Olivie thought the cameras caused more accidents and noted some cities stopped using them. Mr. Stokes explained the Statute permits Mr. Stokes to view the video and determine if a violation occurred. The violation goes against the vehicle's registered owner. Mr. Olivie commented he would pay the pay the fine. Decision Mr. Stokes advised the fine was $243. P. Randall R. Turcotte 1851400082272 Officer Verrigni advised on June 27, 2014, at 12:34 p.m., a vehicle registered to the Petitioner was at an intersection of South Federal Highway and SE 23 Avenue. After a review of the electronic evidence and photographs, a Notice of Violation was sent on July 2, 2014. Messrs. Stokes and Turcotte watched the video. 4 Minutes Red Light Camera Hearings B oynton Beach, Florida October 9, 2014 Mr. Turcotte explained the video did not show what occurred just prior to the red light. He explained the car in the right lane swerved at him and he had to swerve to miss him. He panicked because the driver was going too fast so he sped up to miss hitting the car. He did not see the light and did not have time to look at it. He wound up turning left when he did not want to turn left. Mr. Stokes explained he was supposed to slow and understood he was trying to avoid an accident. Mr. Turcotte commented the light was overhead and he could not see it. Based on the photo and video, Mr. Stokes advised a violation occurred. Mr. Turcotte vehemently reiterated he was trying to avoid an accident; however, Mr. Stokes did not find a basis to dismiss the citation. He had noted Mr. Turcotte was travelling 29 mph and he sped up. Decision Mr. Stokes found a violation occurred and assessed a fine of $243. G. Alflo Nicotra 1851400095589 Officer Verrigni indicated on July 29, 2014, at 3:17 p.m., a vehicle registered to the Petitioner was crossing the intersection of South Federal Highway and SE 23 Avenue. After a review of the electronic evidence, a Notice of Violation was issued on August 5, 2014. Messrs. Stokes and Nicotra viewed the video. The light was amber .4 seconds and the red light time was .3 seconds. The driver was travelling at 38 miles per hour. Mr. Nicotra explained he had the same argument and circumstances as the prior case at the same intersection. He explained he had less than three seconds to cross the intersection which was almost impossible. He commented this was one of the few intersections with this amber light time. All the other intersections had longer durations and they should increase the lights by two seconds. He thought when the light changes, there was no time to think about what to do, so they have to go forward. In 60 years of driving in Europe and the U.S., he never ran a light. Mr. Stokes explained the duration of a yellow light at this intersection was four seconds and the Statute requires three. The problem was drivers punch up the speed when there is a yellow light to get through. He explained he could only view the evidence. Mr. Stokes commented if he has a concern, he should bring it to the City Commission and request they further increase its duration. Mr. Nicotra explained he will go everywhere about the matter including the newspapers and the City Commission. 5 Minutes Red Light Camera Hearings Boynton Beach, Florida October 9, 2014 Decision Mr. Stokes explained his responsibility is to review the evidence and determine if a violation occurred. Mr. Stokes assessed a penalty and explained it was payable within 30 days. M. Shirley Dian Styles 1851400097445 Officer Petriello advised on August 3, 2014, at 3:35 p.m. a vehicle registered to the Petitioner was at the intersection of Boynton Beach Boulevard and Seacrest Boulevard. After a review of the electronic evidence and photographs, a Notice of Violation was issued on August 7, 2014. The red light time was 1.6 seconds and the amber light time was four seconds. Mr. Stokes and Ms. Styles watched the video. After doing so, Ms. Styles pled guilty and requested time to pay. Decision Mr. Stokes found a violation occurred and gave 30 days to pay. I. Yolanda K. Pickett 1851400084435 Officer Verrigni explained on July 3, 2014, at 6:53 a.m., a vehicle registered to the Petitioner was at the intersection of South Federal Highway and SE 23 Avenue. After reviewing the electronic evidence and photographs, a Notice of Violation was sent on July 8, 2014. The red light time was .5 seconds. Mr. Stokes and Ms. Pickett watched the video. She was travelling 66 mph in a 35 mph zone. The light was amber for four seconds. Ms. Pickett commented she knew she ran a yellow light. She did not know if the cameras or lights are off because the light was constantly flashing. She thought they may have fixed it. Mr. Stokes explained he had to rule on the evidence, which was clear. He could not consider why the camera would take a picture of a red light if the light was not red. Ms. Pickett explained everyone was getting tickets at this intersection. Mr. Stokes explained the cameras are calibrated every day, and on July 3` it showed it was operating properly. Decision Based on evidence, Mr. Stokes found a violation occurred and assessed a fine payable within 30 days. 6 Minutes Red Light Camera Hearings Boynton Beach, Florida October 9, 2014 f Mr. Stokes commented if she thinks there is a problem with the intersection, she should call the City Manager's office. J. Yvon Saintil 185140000084823 Officer Petriello announced on June 30, 2014, at 8:22 a.m., a vehicle registered to the Petitioner was at an intersection of NW 8th Street and Boynton Beach Boulevard . After reviewing the electronic evidence and photographs, a Notice of Violation was issued on July 10, 2014. Mr. Stokes and Mr. Santil viewed the video. After doing so, Mr. Santil commented he had proof he was at work at that time. Mr. Stokes explained the Notice indicates if someone else was driving, the vehicle owner was supposed to send in a Transfer of Liability Affidavit identifying who was driving. Mr. Saintil advised he lives with his brother and wife and he did not know which one was the driver. Mr. Stokes explained the violation goes to the vehicle owner unless someone else was identified. Mr. Santil pled guilty. Decision Mr. Stokes found a violation occurred and assessed a fine payable within 30 days. Q. Darlene Ann Varney - Carlson 1851400104928 Mr. Varney explained he sent in the Affidavit and it came back in Ms. Varney- Carlson's name. It was noted the Transfer of Liability Affidavit was not in the file; however, her son, Kurt Varney identified himself as the driver. Officer Petriello stated on August 25, 2014, at 5:55 p.m. a vehicle registered to Ms. Varney - Carlson was at the intersection of South Federal Highway and SE 23 Avenue. After a review of the electronic evidence and photographs, a Notice of Violation was sent on August 29, 2014. The red light time was one second. Officer Petriello explained this was a safety hazard. Mr. Stokes and Mr. Varney viewed the video. Mr. Varney explained the driver before him stopped in the middle of the road. His options were to either hit him or swerve where no one was. It was a lose -lose situation. Mr. Stokes explained the vehicle that stopped in the intersection was there legally and he inquired why he did not stop. Mr. Varney explained he tried to stop and would have skidded through the stop bar and /or hit him. Mr. Stokes commented at 29 mph, he would not skid. Mr. Varney disagreed and felt it was dangerous. Mr. Stokes reviewed the video again in reference to the vehicle's brake lights. 7 Minutes Red Light Camera Hearings Boynton Beach, Florida October 9, 2014 Decision Mr. Stokes found a violation occurred and explained he had 30 days to pay. B. Albert Gramm 1851400085606 This case was rescheduled to the November meeting. L. Abbey L. Smith 1851400085036 Officer Petriello reviewed on June 30, 2014, at 6:05 p.m., a vehicle registered to Brad Smith, who identified Abbey Smith as the driver, was crossing the intersection at South Federal Highway and SE 23 Avenue. After reviewing the electronic evidence and photographs, a Notice of Violation was issued on July 28, 2014. The red light time was 1.1 seconds. Ms. Abbey Smith was not present for the hearing. Mr. Stokes viewed the video. Decision Based on the Affidavit in the file, the owner identified his daughter as the driver. There were no objections from the daughter who requested, and was not present for the hearing. Mr. Stokes found a violation occurred and assessed a fine of $243, payable within 30 days. N. Crystal L. Thomas 1851400085663 Officer Petriello announced on July 5, 2014, at 4:03 p.m., a vehicle registered to the Petitioner was crossing the intersection of South Federal Highway and SE 23 Avenue. After a review of the electronic evidence and photographs, a Notice of Violation was issued on July 10, 2014. Mr. Stokes viewed the video. Crystal Thomas was not present at the hearing. Decision Mr. Stokes found a violation occurred and assessed a fine of $208. She did not request a continuance, but did call to advise she would not be present. O. Crystal L. Thomas 18512400086737 This Petitioner was not present at the hearing and the case was uncontested. 8 Minutes Red Light Camera Hearings Boynton Beach, Florida Oc 9, 2014 Decision Mr. Stokes found a violation occurred and assessed a fine of $208 payable within 30 days. R. Joseph Wolcott 1851400072018 Officer Verrigni reported on May 31 2014, at 1:46 p.m., a vehicle registered to PV Holdings, who identified Joseph Wolcott as the driver, was crossing the intersection of Boynton Beach Boulevard and Congress Avenue. Mr. Wolcott was not present at the hearing. After reviewing the electronic evidence and photographs, a Notice of Violation was sent on July 3, 2014. Mr. Stokes viewed the video and still images. Decision Based on the video evidence, and the Affidavit received, Mr. Stokes found a violation occurred. He assessed a fine of $243. 6. Adjournment There being no further business to discuss, Mr. Stokes adjourned the hearings at 11:05 a.m. Catherine Cherry Minutes Specialist 941095 9