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Minutes 10-22-15 MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BLVD, B BEA FLOR ON OCTOB 22, 2 AT 9:0 A.M. James Stokes, Special Magistrate Gwen Mills, Clerk, Boynton Beach Police Department Anthony Petriello, Traffic Infraction Enforcement Officer, Boynton Beach Police Department Officer Anthony Verrigni, Traffic Infraction Enforcement Officer, Boynton Beach Police Department 1. Call to Order: Mr. Stokes called the Red Light Camera Hearings to order at 9:12 a.m. Mr. Stokes explained he is authorized by Florida Statute to hear these matters. He is not associated with the City of Boynton Beach and is a neutral party. He is not a judge and his authority is limited. When they have a hearing, if a Petitioner wants to challenge the constitutionality of the program, he has no authority to overrule the law or the program. His authority is limited to administering the program set forth in State Statute. He will look at the evidence presented by the City and the Petitioner and make a determination whether a red light violation occurred. The Statute includes a fine, and if a Petitioner is found guilty, there is a hearing charge. If anyone wanted to change their plea and admit liability, the hearing charge of $35 would be waived. If the Petitioner goes to the podium and evidence is presented, they cannot change their plea. The cases will be heard based on the order of the sign in sheet. 2. Approval of Minutes - Amendments to the Agenda • Minutes of the October 9, 2014, Red Light Camera Hearings Mr. Stokes approved the minutes. • Minutes of October 8, 2015, Red Light Camera Hearings The October 8, 2015, meeting minutes were not available. 3. Swear in of witnesses The Minutes Specialist administered an oath to all those intending to testify. 4. Violation Hearings: Failure to comply with a steady red signal. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 22, 201 M. Christine O'Connor Notice No. 1851500098228 Officer Petriello, Traffic Infraction Enforcement Officer, explained on August 29, 2015, at 5:45 p.m., a vehicle matching the license plate registered to the Petitioner was travelling southbound on Federal Highway and SW 23 Avenue in the number two lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on September 4, 2015. Ms. O'Connor and Mr. Stokes viewed the video. The light was red for nearly one full second when the vehicle went through the intersection. Ms. O'Connor said she stopped at the red light and admitted it was her vehicle. Officer Petriello replayed the video. Ms. O'Conner explained her circumstances and was unsure what happened. She does not travel along Federal Highway often and was taking her daughter to Atlantic Avenue. She commented she stops at red lights and something must have happened with the light. Mr. Stokes appreciated the testimony, but commented the evidence clearly showed a violation occurred. Decision Mr. Stokes upheld the citation and assessed a fine of $243, payable within 30 days. He advised the Clerk would print an order giving 30 days to pay. G. Daniel Schwartz under Harvey Schwartz. Notice No. 1851500091983 Officer Petriello explained on August 20, 2015, at 6:06 p.m., a vehicle matching the license plate registered to Harvey Schwartz was travelling eastbound on West Boynton Beach Boulevard and North Congress Avenue in the number five lane. After a review of the electronic evidence, a Notice of Violation was issued August 31, 2015. Mr. Stokes and Mr. Daniel Schwartz, who was driving the car, viewed the video. The light was red for .4 seconds. Mr. Schwartz questioned if he should slam on the brakes when the light turned yellow and commented it would cause an accident. Mr. Stokes noted the vehicle was travelling 38 miles per hour (mph) and the light was yellow for five seconds which was longer than what was required by State law. He explained a yellow light is to give warning the light would turn red so motorists do not have to slam on their brakes. Mr. Schwartz thought he was right at the edge of the stop bar. Officer Petriello replayed the video. Mr. Schwartz thought it was yellow the whole time and advised he was unemployed. 2 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 22, 2015 Decision Mr. Stokes upheld the violation payable within 30 days and advised the Clerk would print the order. Mr. Stokes pointed out it was important to stay in touch with the City if something came up and he could not pay. They may be able to make a payment plan. H. Paul Edward Cooper Notice No. 1851500092478 Officer Petriello explained on August 21, 2015, at 2:13 p.m., a vehicle matching the license plate registered to the Petitioner was traveling southbound on Northwest 8th Street and West Boynton Beach Boulevard. After a review of the electronic evidence, a Notice of Violation was issued on August 31, 2015. Messrs. Stokes and Cooper viewed the video. The light was red 1.2 seconds before the vehicle entered the intersection. Mr. Cooper advised his son or his son's friend was driving that day. Mr. Stokes accepted the testimony, but explained per Statute, if the owner was not driving, they should identify who was and the Statute indicates it is the vehicle on trial and the registered owner is responsible. When the notice came out, had the driver been identified, staff could have resent the Notice of Violation to the son. Mr. Stokes explained the vehicle went through the red light. There would be no points on his license and the violations do not appear on the driver's record as a moving violation. Decision Mr. Stokes advised the fine was $243 and Mr. Cooper advised he would pay the fine today. An order would be printed. N. Marmonvil Jeanne Pierre Notice No. 1851500098335 Officer Petriello reviewed on August 29, 2015, at 9:18 p.m., a vehicle matching the license plate registered to the Petitioner was northbound on Federal Highway and SE 23 Avenue in the number one lane. After a review of the electronic evidence, a Notice of Violation was issued on September 4, 2015. Messrs. Stokes and Jeanne Pierre viewed the video. Mr. Jeanne Pierre advised he did not stop because he was turning. There was an SUV and a car behind him. He had an accident in the same situation. He stopped, was rear ended and his vehicle was totaled. Mr. Stokes did not see any cars in the left turn lane behind him and advised drivers are all supposed to follow the yellow and red lights. Mr. Jeanne Pierre advised there was momentum; however, Mr. Stokes noted he was driving 22 mph. 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 22, 2 Decision Based on the evidence, it was clear the vehicle was behind the stop bar when the light turned red and there did not appear to be other vehicles behind him. Mr. Stokes upheld the violation. Mr. Jeanne Pierre requested 30 days and advised he was unemployed. Mr. Stokes encouraged Mr. Jeanne Pierre to stay in touch with the Red Light Camera Division. The order would be printed and the fine was $243. U. Mary E. Fratalia Notice No. 1851500110411 Albert Fratalia, the owner's husband, was present and advised he was the driver. Officer Petriello reviewed on September 15, 2015, at 3:17 p.m., a vehicle matching the license plate registered to Mary E. Fratalia was travelling southbound on Federal Highway and SE 23r Avenue in the number three lane. After a review of the electronic evidence, a Notice of Violation was issued on September 18, 2015. Messrs. Stokes and Fratalia viewed the video and still photographs. Due to the fire alarm sounding, the hearings were recessed at 9:41 a.m. The meeting was reconvened at 9:55 a.m. Mr. Fratalia advised he was just on the line at 35 mph. The second picture showed he slowed down. There was a four - second amber light, but the light was red for .1 second. Officer Petriello replayed the video. By law, if the evidence shows he ran the light he had to find a violation. Mr. Stokes noted this violation was 1 /10 of one second and there was a fine margin on the red light. Decision Mr. Stokes found Mr. Fratalia not guilty. Mr. Stokes commented if anyone had the defense pertaining to the timing of the light, there was nothing he could do. He suggested anyone wanting to change their plea come up to the dais. The fine would be $158 and they could contact the City Manager about their concerns about the cycles and timing of the lights. The following changed their plea: J. Ashley Marie Worthy Notice No. 1851500093567 K. Jeanetta Marie Williams Notice No. 1851500095919 R. Rhodo Lottman Dolin Notice No. 1851500104943 S Jordan Almeida Notice No. 1851500105296 B. All Around Fun LLC Notice No. 1851500083790 Q. Jacquelyn Shawmay Noltion Notice No. 1851500102699 4 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 22, 2015 A. Wiley Shannon Jones Notice No. 1851500081612 Officer Petriello reviewed on August 5, 2015, at 1:00 p.m., a vehicle matching the license plate registered to the Petitioner was travelling southbound on Northwest 8th Street at West Boynton Beach Boulevard in the number three lane. After a review of the electronic evidence, a Notice of Violation was issued on August 24, 2015. Messrs. Stokes and Jones viewed the video and still photographs. The light was red for 107.5 seconds, just over 1.5 minutes. Mr. Jones came to the hearing based on the still photographs and advised he travels that route all the time. He has not had a ticket or moving infraction for over 15 years and he holds a Class A, CDL license. When he looked at the still photographs, he did not even know what was going on with the light. He had traffic in front of him. Mr. Stokes advised the notice had a link to the video. Mr. Jones advised he took time off to attend the hearing when he got the Notice of Violation and then received another letter with a new date. He explained he would never run a red light. He pointed out a van was turning in front of him. Decision Based on the video, Mr. Stokes upheld the violation and assessed the fine plus the hearing cost, but the administrative fee was waived. The fine and hearing costs assessed was $193 instead of $243, payable within 30 days. T. Heather Lyn Moree Notice No. 1851500106864 Officer Verrigni, Traffic Enforcement Infraction Officer, advised on September 9, 2015, at 2:54 p.m., a vehicle matching the license plate registered to the Petitioner was travelling northbound on S. Federal Highway at SE 23` Avenue in the number two lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on September 16, 2015. Mr. Stokes and Ms. Moree viewed the video and still photographs. Ms. Moree saw the video and still photographs and explained it looked like she just ran the light. She acknowledged she did, but did not mean to as she travels a lot for work. It did not seem that long of a time frame. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $193 payable within 30 days. 5 Meeting Minutes t Red Light Camera Hearings j Boynton Beach, Florida October 22, 2015 D. Joseph Americo Notice No. 1851500085514 Officer Verrigni reviewed on August 11, 2015, at 8:25 a.m., a vehicle matching the license plate registered to the Petitioner was travelling eastbound on Woolbright Road at SW 8 Street in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on August 27, 2015. Messrs. Stokes and Americo viewed the video. Mr. Americo advised he was driving with his significant other and knew he ran the light. He saw a man and a woman in another vehicle and the man was bashing the woman's head against the window and they followed. Mr. Americo went to the Sheriff who told him it was not his jurisdiction and to advise the Boynton Beach Police Department. Mr. Americo admitted to running the red light, but indicated he would do it again. Mr. Americo was irate over the matter and commented he has six sisters. Mr. Stokes appreciated trying to prevent someone from being battered, but he should have taken the plate number. Mr. Americo did not report it to Boynton Beach Police, but would have if he had the plate number. Decision Mr. Stokes did not condone what was done. He advised it was dangerous and vigilantism does not work. He noted it was 2 /10 of a second and he dismissed the violation. Ms. Moree, whose case was already heard by Mr. Stokes, agreed with Mr. Americo's circumstances and advised she is a social worker for the elderly driving from one nursing home to another. Mr. Stokes explained he does not like excuses such as Mr. Americo's, it puts people in danger, and it is not a justification to run red lights. He reviewed in Ms. Moree's case, the evidence showed she created an infraction. Mr. Americo's case was closer in time; however, Mr. Stokes removed the court costs for Ms. Moree for a total fine of $158. C. Kingsize Investments Notice No.1851500084517 Shirley King advised Mr. Stokes was feeling compassion with people who were honest with him. She and Ms. Moree were honest and they witnessed Mr. Stokes dismiss Mr. Americo's violation. She asserted it showed prejudice and commented Mr. Stokes and Mr. Americo were both men, but she and Ms. Moree had to pay the ticket and it was hard. She contended they could receive the same break and it was within his power. Mr. Stokes explained he can uphold the ticket or dismiss it. The ticket he dismissed was granted due to extenuating circumstances as Mr. Americo was witnessing a crime in progress. Mr. Stokes explained all he did for Ms. Moree, who indicated she was going from one work location to another, was remove the court costs and pay $158 6 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 22, 2015 which is the same amount that would apply to Ms. King. He found her statement that Mr. Americo's violation was dismissed because he was a man offensive. Ms. King clarified she meant it was a man's world and men get the breaks and women get the costs. Ms. King explained her circumstances and contended the street name changes from Old Boynton Road to 8 Street at Boynton Beach Boulevard. The ticket said 8th Street which did not come into play until reaching the other side of Boynton Beach Boulevard. Officer Verrigni played the video which Mr. Stokes and Ms. King viewed. Ms. King explained she crossed the lanes because traffic backs up from 1 -95 to Ocean Avenue which was happening at the time and the light changed from a green arrow to a green light. It never went to red. Ms. King asserted the intersection has a lot of problems and the Florida Department of Transportation was investigating. The back up traffic causes the modem on the light to malfunction. Mr. Stokes advised he saw a red light. He thought it was better to pay the $158. Had they proceeded with the hearing, he would have found her guilty. Ms. King contended the light was broken, everyone was aware of the malfunction and she got a ticket through no fault of her own. Mr. Stokes suggested she contact the City Manager about the matter.. Decision Mr. Stokes commented defective or not, the evidence showed there was a violation and he would have upheld it. He advised her fine was $158, not $243. F. Kyle Joseph Patton Notice No. 1851500088864 Mr. Stokes noted the Petitioner was not present. Officer Verrigni explained on August 15, 2015, at 5:50 p.m., a vehicle matching the license plate registered to the Petitioner was travelling eastbound on Woolbright Road at SW 8 th Street in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on August 28, 2015. Mr. Stokes viewed the video and still photographs. Decision Based on the evidence, Mr. Stokes found a violation occurred and assessed a fine of $243 payable in 30 days. I. Ryan P. Radic Notice No. 1851500092940 Mr. Stokes noted the Petitioner was not present. 7 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 22, 2015 Officer Petriello reviewed on August 21, 2015, at 11:42 p.m., a vehicle matching the license plate registered to the Petitioner was travelling northbound on Federal Highway and SE 23 Avenue in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on August 31, 2015. Mr. Stokes viewed the video and still photographs. Decision Based on the evidence, Mr. Stokes found a violation occurred and upheld the violation. The fine was $243, payable within 30 days. O. Holly Jeanne Sellar Notice No. 1851500098574 Mr. Stokes noted the Petitioner was not present. Officer Petriello reviewed on August 30, 2015, at 2:36 p.m., a vehicle matching the license plate registered to the Petitioner was northbound on Federal Highway and SE 23 Avenue in the number three lane. After a review of the electronic evidence, a Notice of Violation was issued on September 4, 2015. Mr. Stokes viewed the video and still photographs. Decision Based on the evidence, Mr. Stokes found a violation occurred and upheld the fine of $243 payable within 30 days P. Kaylee Nicole Pomona Notice No.1851500099390 Mr. Stokes noted the Petitioner was not present. Officer Petriello reviewed on August 31, 2015, at 6:25 p.m., a vehicle matching the license plate registered to the Petitioner was travelling eastbound on Gateway Boulevard and North Congress Avenue in the number four lane. After a review of the electronic evidence, a Notice of Violation was issued on September 8, 2015. Mr. Stokes viewed the video and still photographs. Decision Based on the evidence, Mr. Stokes found a violation occurred and upheld the citation. A fine of $243 was assessed payable within 30 days. 8 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 22, 2015 5. Other business None. 6. City requests and reports None. 7. Local hearing officer requests and reports None. 8. Adjournment There being no further business, Mr. Stokes adjourned the hearings at 10:53 a.m. it?`- Catherine Cherry Minutes Specialist 110395 9