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Minutes 11-12-15 MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA, ON NOVEMBER 12, 2015, AT 9:00 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 9:18 a.m. Mr. Stokes explained he is a Special Magistrate appointed according to State Statute. He is a neutral third party to hear the City's evidence and testimony from the Petitioner. Based on the way the Statute is written, his authority is limited and he cannot overrule the Statute. If anyone was present to make a record to challenge the legality of the cameras, they can make their case and he will make a ruling. From that point forward, further action is up to the Petitioner. He cannot rule the Statute is unconstitutional. The original notice contained information on how to identify the driver if the owner was not driving the vehicle when the infraction occurred and that does not constitute a legal defense. The way the Statute is structured, the vehicle is the violator and the citation goes to the first name listed on the registration and that person is responsible for the violation unless the driver is identified. There are instances where vehicles were transferred and the paperwork did not go through or issues with wrong plates which he would hear. He explained the video procedures and advised the violations would be reviewed in the order of the sign -in sheet. 2. Amendments to the Agenda None. 3. Approval of Minutes • Minutes of the October 8, 2015, and October 22, 2015 Red Light Camera Hearings Mr. Stokes approved the minutes. 4. Swear in of witnesses The Minutes Specialist administered an oath to all those intending to testify. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida November 12, 2015 5. Violation Hearings: Failure to comply with a steady red signal. Mr. Stokes explained the Hearings would be held in the order of the sign -in sheet. C. Brianne Rae Hannah Notice No. 1851500082107 Anthony Petriello, Traffic Infraction Enforcement Officer, advised the City was dismissing the case against the Petitioner due to the license plate being incorrectly identified. Mr. Stokes advised an order dismissing the violation will be issued. K. Anthony James Hayden Notice No. 1851500097733 Mr. Hayden was sworn in. Officer Petriello explained on August 28, 2015, at 7:49 p.m., a vehicle with a license plate number registered to the Petitioner was travelling north on S. 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 September 4, 2015. Officer Petriello submitted the ATS information packet containing the video, pictures and CD for this violation into evidence. Messrs. Stokes and Hayden viewed the video and still photographs. Mr. Hayden had no comment. Decision Mr. Stokes upheld the violation and issued a fine. L. Anthony James Hayden Notice No. 1851500097774 Officer Petriello explained on August 28, at 8:10 p.m., a vehicle with a license plate number registered to the Petitioner was travelling north on Congress Avenue at W. Gateway Boulevard in the number three lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on September 4, 2015. Officer Petriello submitted the ATS information packet for this violation into evidence. Messrs. Stokes and Hayden viewed the video and still photographs. Mr. Hayden had no comment. Decision Mr. Stokes upheld the violation. Mr. Hayden requested time to pay. Mr. Stokes advised he had 30 days. 2 Meeting Minutes Red Light Camera Hearings B oynton Beach, F lorida No 12, 2015 V. Russell James Balasco Notice No. 1851500118737 Mr. Balasco explained he just got a job with Palm Beach County as a school bus driver. If there is a violation on his driving record, he would become unemployed. Mr. Stokes advised the citation does not appear on their driving record as a moving violation. If paid, there are no points or anything. If they do not pay the fine, a hold is put on the vehicle registration. Mr. Balasco advised he was not contesting the violation. Mr. Stokes advised an Order would be printed. Mr. Stokes asked if anyone else wanted to change their plea. Officer Verrigni submitted the evidence into the record. The evidence was all the forms and photographs which Mr. Stokes accepted. E. Jennifer M. Busby Notice No.1851500088161 Anthony Verrigni, Traffic Infraction Enforcement Officer, reviewed on August 14, 2015, at 8:41 p.m., a vehicle with a license plate registered to the Petitioner was travelling south on NW 8 th Street and W. Boynton Beach Boulevard in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on August 28, 2015. Officer Verrigni submitted the ATS information packet into evidence. Mr. Stokes and Ms. Busby viewed the video. Ms. Busby acknowledged one is supposed to slow down when entering an intersection and explained in New York when entering an intersection and the light turns red, if you are past the stop bar as it is turning red, you are not cited. She asked if it was the same in Florida. Mr. Stokes explained the vehicle cannot be on or past the stop bar when the light is red. If in the intersection during a yellow light, the vehicle is cleared. He explained yellow is to warn a red light was forthcoming. Ms. Busby asserted she would still have to slam on the brakes and be rear ended. She explained she had not viewed the video. Mr. Stokes reiterated the yellow light is to warn motorists to stop and this light had a four - second yellow light. Decision Based on the evidence, Mr. Stokes found a violation occurred and gave Ms. Busby 30 days to pay. He advised an Order would be printed. D. Matthew James Saptya Notice No. 1851500086314 Officer Verrigni explained on August 12, 2015, at 11:27 a.m., a vehicle with a license plate registered to the Petitioner was travelling east at W. Boynton Beach Boulevard and N. Congress Avenue in the number two lane. After a review of the electronic 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida November 12, 2015 evidence, a Notice of Violation was issued on August 27, 2015. Officer Verrigni submitted the ATS information packet for this case into evidence. Messrs. Stokes and Saptya viewed the video. Mr. Saptya explained prior to arriving at the intersection, a person in a black truck was yelling at him and he had his two - year -old daughter in the vehicle. He tried to beat the light to avoid dealing with this person. He did not have a cell phone or would have called 911. He did not make a report because when he turned the driver did not follow.. Decision Mr. Stokes understood the situation, but based on the video and pictures, he upheld the violation and advised he would give 30 days to pay. If he could not pay within 30 days he should contact the City and make arrangements. W. Christine Nadia Joseph Notice No. 1851500119859 Officer Petriello advised on September 28, 2015, at 8:38 p.m., a vehicle with a license plate registered to the Petitioner was travelling north on S. 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 October 2, 2015. Officer Pierre submitted the ATS information packet into evidence. Mr. Stokes and Ms. Joseph viewed the video. Ms. Joseph advised the car ran the light. The vehicle was not her primary vehicle and she purchased the car for resale. Multiple people have taken the car for test drives. She has three cars under her name. She did not file an affidavit and had not yet sold the car. Mr. Stokes understood her position and explained without having an identified driver; it was the vehicle that created the violation. Ms. Joseph did not want to take full responsibility for a vehicle she never drives. Mr. Stokes explained his ruling would be to find a violation occurred and a fine would be assessed. He emphasized rental car companies submit the name of the renter and he suggested she keep a record. Decision Mr. Stokes found a violation exists. Ms. Joseph explained she was willing to pay half the fine, but not the full fine. Mr. Stokes explained the whole car created the violation and it was in her name. Mr. Stokes commented ownership has responsibilities. He gave her 30 days to pay and the Order had the full fine on it. If she did not pay it, then the registration would be placed on hold. What she did with it was up to her. Ms. Joseph thought Mr. Stokes was unreasonable. 4 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida November 12, 2015 U. Paula Jeanne Cook Notice No. 1851500109827 Officer Verrigni reviewed on September 14, 2015, at 5:06 p.m., a vehicle with a license plate registered to the Petitioner was travelling east on W. Boynton Beach Boulevard and N. Congress Avenue in the number two lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on September 18, 2015. Officer Verrigni submitted the ATS information packet for the record.. Mr. Stokes and Ms. Cook viewed the video and still photographs. Ms. Cook admitted to the violation. Decision Mr. Stokes found a violation occurred. Ms. Cook advised she would pay the fine on her way out. T. Linda Eynon Welch Notice No. 1851500109157 Officer Verrigni reviewed on September 13, 2015, at 1:45 p.m., a vehicle with a license plate registered to the Petitioner was travelling north on Congress Avenue and E. Gateway Boulevard in the number three lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on September 17, 2015. Officer Verrigni submitted the ATS information packet for this case into evidence. Ms. Welch and Mr. Stokes viewed the electronic evidence and photographs. Ms. Welch agreed a violation occurred. Decision Mr. Stokes upheld the violation. A. Kimberly Peterson Notice No 1851500081489 Officer Petriello reviewed on August 5, 2015, at 9:45 a.m., a vehicle with a license plate registered to the Petitioner was travelling east on Boynton Beach Boulevard at N. Seacrest Avenue in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on August 24, 2015. Officer Petriello submitted the ATS information packet for this case into evidence. Mr. Stokes and Ms. Peterson viewed the video and still photographs. Ms. Peterson explained the picture showed she was stopped at the stop bar. Officer Petriello agreed and explained the second image shows the vehicle past the stop bar and the video showed the vehicle crossing the stop bar. 5 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida November 12, 2015 Ms. Peterson inquired why the City wanted to pursue this type of violation. Mr. Stokes responded he is the Magistrate and he does not set policy, but for most municipalities, it was a public safety issue. The City gets very little money from these citations. Most of it goes to the State, to the hospital systems, emergency rooms, and traffic safety education programs throughout the State. The City was not motivated by money; it was for safety. Decision When Mr. Stokes asked if Ms. Peterson could pay the fine today, she indicated she needed 30 days. B. Kimberly Michell Peterson Notice No. 1851500113480 Officer Verrigni reviewed on September 20, 2015, at 1:25 p.m., a vehicle with a license plate registered to the Petitioner was travelling east on Boynton Beach Boulevard at Seacrest Boulevard in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on September 24, 2015. Officer Verrigni submitted the ATS information packet into evidence. Mr. Stokes and Ms. Peterson viewed the video. Ms. Peterson asked if they could manipulate the photographs and videos and Officer Verrigni responded they could not. Ms. Peterson had no comment and requested 30 days. Decision Mr. Stokes advised an order would be printed. The Minutes Specialist administered an oath to all those intending to testify. AA. Cherri Elizabe McKinnon Notice No. 1851500117150 Officer Verrigni reviewed on September 25, 2015, at 1:53 p.m., a vehicle with a license plate registered to the Petitioner was travelling east on Boynton Beach Boulevard and N. Seacrest Boulevard in the number two lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on October 1, 2015. Officer Petriello submitted the ATS information packet into evidence. Mr. Stokes and Ms. McKinnon viewed the video and still photographs. Ms. McKinnon agreed the car was her vehicle. Decision Mr. Stokes inquired if she needed 30 days to pay and learned she did. 6 Meeting Minutes Red Light Camera Hearings B oynton Beach, Florida November 12, 2015 Y. Clarissa Gauthier Notice No. 1851500089920 Officer Petriello reviewed on August 17, 2015, at 6:08 p.m., a vehicle with a license plate registered to the Petitioner was travelling south on NW 8 th Street and W. Boynton Beach Boulevard in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on August 28, 2015. Officer Petriello submitted the ATS information package into evidence. Mr. Stokes and Ms. Guathier viewed the video and still photographs. Ms. Gauthier commented she was following the flow of traffic and did not know how she could stop. Mr. Stokes agreed, but advised the light was red when she reached the stop line. Decision Mr. Stokes explained the evidence supported the violation. Ms. Gauthier commented she would pay the fine today. I. Katie Gadson Miller Notice No. 1851500093781 Officer Petriello reviewed on August 23, 2015, at 7:51 a.m., a vehicle and plate registered to the Petitioner was travelling east on Boynton Beach Boulevard and N. Seacrest Boulevard in the number one lane. After a review of the electronic evidence, a Notice of Violation was issued on August 31, 2015. Officer Petriello submitted the ATS information packet into evidence Mr. Stokes and Ms. Miller viewed the video and still photographs. Ms. Miller explained she was on her way to church and the light was red. She advised she sat there while the light was red. She thought something was wrong with the light because it did not turn to green, so she then proceeded though the intersection. Officer Petriello reviewed the light was green prior to the red. Decision Mr. Stokes advised that may have been a different day and he upheld the violation. Ms. Miller requested 30 days to pay. S. Jacques Joachim Notice No. 1851500108233 Officer Verrigni reviewed on September 12, 2015, at 10:42 a.m., a vehicle with a license plate registered to the Petitioner was traveling east on Boynton Beach Boulevard in the number two lane. After a review of the electronic evidence, a Notice of Violation was 7 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida November 12, 2015 issued on September 17, 2015. Officer Verrigni submitted the ATS information packet into evidence. Mr. Stokes and Ms. Joachim viewed the electronic evidence and still photographs. Ms. Joachim advised the light was not red. Mr. Stokes explained the video showed the light was red. Decision Based on the evidence, Mr. Stokes found a violation occurred and gave 30 days to pay the fine. R. Kendra Nicole Wiggins Notice No. 1851500107052 Officer Verrigni reviewed on September 10, 2015, at 6:27 p.m., a vehicle with a license plate registered to the Petitioner was travelling south on NW 8 th Street and W. Boynton Beach Boulevard in the number one lane. After a review of the electronic evidence, a Notice of Violation was issued on September 17, 2015. Officer Verrigni submitted the ATS information packet into evidence. Mr. Stokes and Ms. Wiggins viewed the video. Ms. Wiggins did not object to the violation and explained she was in school, but she was trying to see who wasdriving the car and thought it may have been her boyfriend. Decision Mr. Stokes commented her boyfriend owed her some money. M. Max Gregory Samuel Notice No. 1851500100461 Officer Verrigni reviewed on August 2, 2015, at 12:50 a.m., a vehicle with a license plate registered to the Petitioner was travelling west on E. Gateway Boulevard and N. Congress Avenue in the number four lane. After a review of the electronic evidence, a Notice of Violation was issued on September 9, 2015. Officer Verrigini submitted the ATS information packet into evidence. Messrs. Stokes and Samuel viewed the video and still photographs. Mr. Stokes explained the still photographs show the vehicle as close to the stop bar as possible. Mr. Samuel explained if he was travelling 45 or 50 mph, he could not stop right away. Mr. Stokes and Mr. Samuel viewed the photograph showing he was behind the stop bar; however, Mr. Stokes explained the yellow light is longer because the speed is 8 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida November 12, 2015 higher. A yellow light is to warn a red light was forthcoming and drivers should begin to stop. Mr. Samuels asked about the ruling issued last year and expressed it was supposed to stop the red light cameras. Mr. Stokes explained the ruling dealt with another city and the procedure that was followed. The City of Boynton Beach stopped their program to ensure it was legal. Mr. Stokes pointed out Boynton Beach never implemented their program the same way some of the other cities had and advised he could not rule on the program, only the video and photographs, and make a determination if a violation occurred . Mr. Samuel inquired where he could find out how long it takes the yellow light to turn red and was referred to the County Traffic Engineer. Mr. Stokes believed it was five seconds. As to any challenge to the program or the citation, Mr. Stokes advised it had to go to Circuit Court. Decision Mr. Stokes asked if Mr. Samuel needed 30 days to pay the fine and learned he did. P. Justine Jill McCoy Notice No. 1851500106609 Officer Verrigni advised on September 10, 2015, at 9:38 a.m., a vehicle with a license plate registered to the Petitioner was travelling north on S. Federal Highway and 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. Officer Verrigni submitted the ATS information packet of information into evidence. Mr. Stokes and Ms. McCoy viewed the video and still images. Ms. McCoy explained the light was by her house and she goes through the intersection every day. She commented the light was not yellow very long. She requested the light be yellow longer. It was explained the light was yellow for four seconds and the County determines the length of time. Intersections having yellow lights had their times extended to be fair. Decision Mr. Stokes advised the evidence showed a violation occurred. Ms. McCoy commented she needed 30 days to pay. Mr. Stokes noted for the record the Petitioners for the following cases were not present: 9 Meeting Minutes Red Light Camera Hearings Boyn B each, Florida Novem 12, 2015 F. Gregory Lee Mann Notice No. 1851500090506 Officer Petriello advised this violation was paid. G. Joseph Louis Luongo Notice No. 1851500093112 Officer Petriello advised on August 27, 2015, at 8:33 a.m., a vehicle with a license plate registered to the Petitioner was travelling east on Boynton Beach Boulevard and Seacrest Boulevard in the number two lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on August 31, 2015. Officer Petriello submitted the ATS information packet for this case into evidence. Mr. Stokes viewed the electronic evidence and still photographs. Decision Based on the evidence and the Petitioner not being present, Mr. Stokes found a violation occurred, assessed the maximum fine and gave 30 days to pay. H. Asher Lane Hammerman Notice No. 1851500093153 Officer Petriello reviewed on August 22, 2015, at 9:54 a.m., a vehicle with a license plate registered to the Petitioner was travelling north on S. 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 August 31, 2015. Officer Petriello submitted the ATS information packet into evidence. Mr. Stokes viewed the video and still photographs. Decision Based on the evidence, Mr. Stokes found a violation occurred. He upheld the citation and assessed the maximum fine payable within 30 days. J. Jessica Marie Montanez Notice No. 1851500093831 Officer Petriello reviewed on August 23, 2015, at 9:12 a.m., a vehicle with a license plate registered to the Petitioner was travelling east on Boynton Beach Boulevard at N. Seacrest Boulevard in the number two lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on August 31, 2015. Officer Petriello submitted the ATS information packet for this case into the record. Mr. Stokes viewed the video and still photographs. 10 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida November 12, 2015 Decision Based on the evidence presented and the violator not in attendance, Mr. Stokes found a violation occurred, upheld the citation and assessed the maximum fine payable within 30 days. N. Alan Louis Black Notice No. 1851500100735 Officer Verrigni reviewed on September 2, 2015 at 9:09 a.m., a vehicle with a license plate registered to the Petitioner was travelling east on Boynton Beach Boulevard and N. Congress Avenue in the number three lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on September 20, 2015. The video and still photographs were viewed and the ATS information packet for this case was submitted into evidence. Mr. Stokes viewed the video and still photographs. Decision Based on the evidence and the Petitioner not being present, Mr. Stokes found a violation occurred. He upheld the citation and assessed the maximum fine payable within 30 days. O. Elea Frances Kabaluk Notice No. 1851500106468 Officer Verrigni advised this violation was paid in full yesterday Q. Nicholas Camel Notice No. 1851500106872 Officer Verrigni explained on September 10, 2015, 3 p.m., a vehicle with a license plate registered to the Petitioner, was travelling east on Boynton Beach Boulevard and Seacrest Boulevard in the number three lane. After reviewing the electronic evidence and photographs, a Notice of Violation was issued on September 16, 2015. Officer Verrigni submitted the ATS information packet into evidence Mr. Stokes viewed the video and still photographs. Decision Based on the evidence presented and Mr. Camel not being present, Mr. Stokes found a violation occurred, upheld the citation and assessed the maximum fine payable within 30 days. 11 Meeting Minutes Red Light Camera Hearings B oynton Beach, Florida November 12, 2015 X. Carmen Consuel Alvira Notice No. 1851500103556 Officer Petriello reviewed on September 6, 2015, at 1:25 a.m., a vehicle with a license plate registered to the Petitioner was travelling north on S. 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 September 11, 2015. Officer Petriello submitted the ATS information packet into evidence. Mr. Stokes viewed the evidence and still photographs. Decision Based on the evidence, Mr. Stokes upheld the citation and assessed the maximum fine payable within 30 days. Z. Danielle Ann Ritzau Notice No. 1851500090472 Officer Pierre reviewed on August 18, 2015, at 4:04 p.m., a vehicle with a license plate registered to the Petitioner was travelling south on NW 8 th Street at W. Boynton Beach Boulevard in the number one lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on August 31, 2015. Officer Petriello submitted the ATS information packet into evidence. Mr. Stokes viewed the electronic evidence and photographs. Decision Based on the evidence, Mr. Stokes found a violation exists. He upheld the citation with the maximum fine payable within 30 days. 6. Other Business None. 7. City Requests and Reports None. 8. Local Hearing Officer requests and reports None. 12 Meeting Minutes Red Light Camera Hearings B oynton Beach, Florida November 12, 2015 9. Adjournment There being no further business, Mr. Stokes adjourned the meeting at 10:59 a.m. Catherine Cherry Minutes Specialist 111815 13