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Minutes 12-10-15James Stokes, Special Magistrate Gwen Mills, Clerk, Boynton Beach Police Department Anthony Petriello, Traffic Infraction Enforcement Officer, Boynton Beach Police Department Anthony Verrigni, Traffic Infraction Enforcement Officer, Boynton Beach Police Department Shana Bridgeman, Assistant City Attorney 1. Call to Order: Mr. Stokes called the Red Light Camera Hearings to order at 9:14 a.m. 2. Amendments to the Agenda None. 3. Approval of Minutes for November 12, 2015 The minutes of November 12, 2015 were approved. 4. Swear in witnesses The Minutes Specialist administered an oath to all those intending to testify. 5. Violation Hearings: Failure to comply with a Steady Red Signal P.16 Kendra Lusuan Rahmings CSO Petriello 1851500123778 Traffic Infraction Enforcement Officer Petriello explained on October 3, 2015, at 3:02 p.m., a vehicle with a license plate registered to the Petitioner was travelling northbound on South Federal Highway and Southeast 23rd Avenue in the number three lane. After a review of the electronic evidence, a Notice of Violation was issued on October 8, 2015. Officer Petriello presented the evidence for this case to Mr. Stokes, consisting of a CD containing a video and still photographs and for all the cases, which were accepted into the record. Mr. Stokes and Ms. Rahmings viewed the electronic evidence and photographs. The light was red for .5 seconds. The estimated speed of the vehicle was 79 mph which he did not think was accurate. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida December 10, 2015 Ms. Rahmings did not contest the violation. She had been in an accident involving a fatality and she had back issues. She does not run red lights. She advised the light changes from green to red and the video showed the light was yellow. Her record indicates she does not run red lights. Minister Bernard Wright, Ms. Rahmings' husband, contested the legality of the Red Light Camera program in reference to the Fourth District Court of Appeals ruling. Whatever finding Mr. Stokes made would be contested on the basis the citation was illegal due to a third party vendor, American Traffic Solutions, issuing the citation. Minister Wright contended the Boynton Program it is the same program everyone else was using and Boynton Beach was no different. He asserted the Court is not satisfied with Boynton Beach. He contended the program was not legal. Mr. Stokes understood the objection and was aware the program was attacked in various districts. Each city has its own program and it is run differently. The City made a presentation in October and put on the record how they process the citations. He suggested they obtain a transcript before going to court. Mr. Stokes reiterated he has no authority to rule the program is illegal; a judge needs to do so. Decision Based on the video evidence, the light was red before the vehicle crossed the stop bar. Mr. Stokes found a violation occurred and assessed a fine of $243. He asked if they would pay today or if they needed 30 days. Mr. Wright responded they would not pay because they were appealing the decision. Mr. Stokes explained he has up to 30 days to pay, but the appeal does not eliminate the fine. When they file an appeal, if a judge says do not pay the fine, then they do not have to pay. The order would specify they have 30 days to pay. D.4 Kenia Maribel Glass CSO Petriello 1851500086694 Officer Petriello advised on August 12, 2015, at 9:32 p.m., a vehicle with a license plate registered to the Petitioner was travelling eastbound on West Woolbright Road and South Congress Avenue. After a review of the electronic evidence a Notice of Violation was issued on August 27, 2015. Officer Petriello submitted the evidence packet from ATS which he gave to Mr. Stokes. Mr. Stokes accepted the evidence into the record. Mr. Stokes and Ms. Glass viewed the video. Ms. Glass commented she thought she passed the white line, but saw differently in the video. 2 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida December 10, 2015 Decision Based on the evidence, the video and photographic evidence, Mr. Stokes found a violation occurred. He upheld the citation, assessed a fine and gave 30 days to pay. Ms. Glass asked why they do not have a camera at the location anymore. Mr. Stokes did not know where the City locates the cameras or if they are taking them down to repair them. He advised he is a neutral third party and he recommended she call the Police Department and find out if they removed the camera for a reason. H.8 Mariana V Labrador CSO Verrigni 1851500111864 Jacarti Labrador was present and advised he was the driver. Traffic Infraction Enforcement Officer Verrigini with the Boynton Beach Police Department advised on September 17, 2015, at 7:29 p.m., a vehicle with a license plate registered to Mariana V. Labrador was travelling southbound on NW 8th Street and West Boynton Beach Boulevard in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on September 22, 2015. The red light time was 1.5 seconds. He submitted the evidence pack to Mr. Stokes who accepted the evidence into the record. Officer Verrigni advised he had nothing further. Mr. Stokes and Mr. Labrador commented it was wet due to rain. He did not know if the picture was a still shot or a video recording because they did not play the video. The road conditions were not friendly and there was a car in front and behind him. Instead of breaking abruptly and causing a potential accident, he continued to drive through the intersection. There is a left turn at the intersection onto Boynton Beach Boulevard. Officer Verrigni submitted the video into evidence and he played it. Mr. Stokes noted Officer Verrigni had previously advised he had nothing further. Decision Based on the evidence that was presented, Mr. Stokes dismissed the citation. M.13 Timothy John McPherson CSO Verrigni 1851500087627 Officer Verrigini reviewed on August 14, 2015, at 12:51 p.m., a vehicle with a license plate registered to the Petitioner was travelling northbound on Congress Avenue and East Gateway Boulevard in the number three lane. After a review of the electronic evidence, a Notice of Violation was issued on August 28, 2015. Officer Verrigni had the evidence pack to submit with the video. Mr. Stokes accepted the packet. Messrs. Stokes and McPherson viewed the video and photographs 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida December 1, 2015 Timothy McPherson advised he is the Risk and Safety Manager for the City of Boynton Beach and he had to respond to an injured employee going to the hospital. He followed the ambulance to the hospital and the ambulance blocked his view of the red light. Mr. Stokes understood the light was obstructed by the ambulance, but commented this was a big intersection and they could have had another accident. Decision Based on the evidence Mr. Stokes upheld the citation and gave the Petitioner 30 days to pay. X.24 Joel Cappa Thomas CSO Verrigni 1851500121855 Attorney Diane James -Bigot, on behalf of Joel Thomas, who was also present, objected to the form of the citation. In light of the recent precedent established in the State of Florida, she placed the objection on the record. Officer Verrigni reviewed on October 1, 2015, at 12:54 p.m., a vehicle with a license plate registered to the Petitioner was travelling northbound on South Federal Highway and Southeast 23rd Avenue in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on October 7, 2015. The red light time was 2.4 seconds. He had an evidence packet and a video to submit into evidence which Mr. Stokes accepted into the record noting Attorney James -Bigot's objection. Messrs. Stokes, Thomas and Attorney James -Bigot viewed the video. Attorney James -Bigot asked Officer Verrigni if he knew by looking at the video the vehicle's speed. Officer Verrigni responded it was travelling at approximately 35 mph. He showed her where the information was on the video indicating how long the light was yellow, the approximate speed, what phase and the red light time which meant how long the light was red before the vehicle approached the stop bar. Officer Verrigni advised for the record Mr. Thomas was not on trial for speeding. Attorney James -Bigot inquired who the Red Light Camera contract was with and learned it was with American Traffic Solutions (ATS) and that Officer Verrigni issued the citation. Attorney James -Bigot questioned when Officer Verrigni was placed on notice to issue the citation and if it was by ATS or him. Officer Verrigni explained he reviews all the videos of all the potential violations and he determines whether it is or is not a violation. Attorney James -Bigot asked when Officer Verrigni started to review the videos and Officer Verrigni responded he did not have a date for this particular incident. Attorney James -Bigot asked what ATS' role with red lights was at this point and Officer Verrigni responded ATS maintains the equipment and the City leases the equipment 11 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida December 1, 2015 from that company. Attorney James -Bigot asked how often they update or change the equipment and learned it was daily and hourly. Officer Verrigni explained there are computer checks that are run on the cameras. As an example, people comment they drove by an intersection and there were no cars there, but the strobe was flashing. He explained the program was conducting a self -test from the base in Arizona and the ATS base has control over the cameras in that regard. ATS determines if something is broken or failed, and alerts the City they shut the camera down and were sending their service people. They take care of everything in that regardt. Attorney James -Bigot requested confirmation everything is pretty much controlled by ATS except for Officer Verrigni reviewing and issuing the citations. Officer Verrigni agreed and advised they do not touch anything having to do with the camera. Attorney James -Bigot queried how Officer Verrigni knew for certain the information was accurate and Officer Verrigni responded he had no reason to believe otherwise. She asked if ATS had no involvement with any citations, they do not review them or send the City notice a violation occurred. Officer Verrigni commented ATS sends the City all of it and they review all of it. ATS does what the City asks them to do. It is by contract. Attorney James -Bigot asked if he considers the road conditions and the speed of the vehicle before issuing citations and Officer Verrigni responded they do. Attorney James -Bigot asked what they considered in this particular instance. Officer Verrigni responded he considered the fact that Mr. Thomas ran the light and the camera and the video indicated so. She asked if Officer Verrigni considered any other factors relevant to Mr. Thomas's citation before he issued it and Officer Verrigni responded he had already answered. He viewed the video and he determined a violation occurred. Attorney James -Bigot asked if Officer Verrigni agreed often it was hard to stop a vehicle or one that was very large depending on the rate of speed and road conditions. Officer Verrigni commented the light was amber for four seconds, but did agree it could be difficult to stop based on conditions. Shana Bridgeman, Assistant City Attorney, objected to relevance as to what his opinion is of what was quick and not quick. Attorney James -Bigot explained there was no other way for her to create her record without asking these questions, which she thought were highly relevant. Attorney Bridgeman explained the City does not have any control over the yellow light time of any of the lights. The officer's opinion of whether four seconds was quick or not was not relevant to a prima facie case of whether he violated the red light camera statute or relevant to whether this defendant ran the light. Mr. Stokes agreed with the City and explained Attorney James -Bigot received the factual information the light was yellow for four seconds. If they wanted to find out if that was consistent with other intersections, they could, but the officer's opinion of its length was irrelevant. Attorney James -Bigot asked how has the program changed since the State of Florida ruled the red light camera tickets were unconstitutional. Attorney Bridgeman objected the question was vague. Mr. Stokes commented there were numerous rulings and 5 Meeting Minutes Red Light Camera Hearings Boynton Beach,w •. December 10, 1 wanted to know which ruling she was discussing. Attorney James -Bigot asked how the system changed to comply with the current rulings. Attorney Bridgeman objected as to lack of knowledge as Officer Verrigni was not an attorney. Mr. Stokes explained the Fourth District Court of Appeals ruled over a year ago, there were changes made after that and they had heard testimony on the changes at a prior meeting. There was a more recent ruling within the Third District Court of Appeals, and he was not sure which one she was referring to. Attorney James -Bigot commented in light of the fact the court indicated there were steps that needed to be taken, they took control away from ATS, and the City created its own program. She asked what steps were taken and what the program consists of. Attorney Bridgeman objected on the basis of lack of foundation. Mr. Stokes overruled the objection and asked if he knew about the changes since a year ago before the program was suspended. Officer Verrigni explained there were a host of changes in the Business Rules Questionnaire. He commented there were many and he did not have them in front of him. Attorney Bridgeman explained to Mr. Stokes the City would like to request that he adopt the rulings he previously made with regard to the program changes. That testimony was previously provided by ATS and the City to Mr. Stokes at a hearing on October 8, 2015. The City had provided testimony and evidence about the amended contract, Business Rules Questionnaire, the testimony from the ATS representative about what those changes were, and there was significant testimony from the Officers about what they were doing differently as a result. She advised the City was requesting he adopt that testimony and the ruling he made previously with regard to this matter today. Mr. Stokes took judicial notice of that prior proceeding, and suggested Attorney James - Bigot contact the City Attorney's office for a transcript so she could view it. He understood Attorney James -Bigot did not have the opportunity to cross examine that individual, but it will be part of this record, so if she goes to Circuit Court, she could rely on that as necessary. It was noted the Minutes Specialist was taking notes which are not a verbatim record which could be obtained through a public records request. The proceedings were being recorded and could be obtained through a public records request. Mr. Thomas advised there was an officer behind and in front of him. He thought as a human being, the instance would have been considered differently, and he probably would have received a warning. He would have been told what he did was not good and he would comply. As a U.S. citizen he thought it should go to the courts because they are human. Attorney James -Bigot commented most of the arguments were that the human element was removed from the incident. 0 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida December 10, 2015 Decision Based on the video, Mr. Stokes found a violation occurred. Attorney James -Bigot had an opportunity to create her record and he gave 30 days to pay. T.20 John Brent Scott CSO Petriello 1851500086058 Officer Petriello reviewed on August 11, 2015, at 9:40 p.m., a vehicle with a license plate registered to the Petitioner was travelling southbound on South Federal Highway and Southeast 23rd Avenue in the number three lane. After a review of the electronic evidence, a Notice of Violation was issued on August 27, 2015. Officer Verrigni had an evidence packet to present and video and still images to play. Mr. Stokes accepted the evidence into the record. Messrs. Stokes and Scott viewed the electronic evidence and photographs. The light was red .4 seconds and the vehicle was travelling at approximately 52 mph. Mr. Scott requested seeing the video from the next case. Messrs. Stokes and Scott viewed the video from Citation No. 185150008717, where Mr. Scott was travelling in the number two lane. Mr. Scott was driving a Chevy Volt, the lightest car and he then purchased the Hummer, which was probably the heaviest car on the road. He got two tickets back to back and it was a learning curve to slow the vehicle down. He has not received any tickets since these incidents. He asked if these lights were calibrated for the speed limits and learned they were, but the County has control of that. Officer Petriello viewed the video and commented the brake lights were not on and there appeared to be no attempt to brake. Mr. Scott advised he would pay the ticket. Officer Petriello submitted the evidence packet for case 1851500087171 to Mr. Stokes. Mr. Stokes asked Mr. Scott if he had the registration that showed when he purchased the vehicle and learned Mr. Scott purchased the vehicle used. It was a 2005 model. He did not have the registration on him. Decision Mr. Stokes upheld Citation No. 1851500086058 and gave 30 days to pay and dismissed the second citation (1851500087171.) U.21 John Brent Scott CSO Petriello 1851500087171 This case was dismissed. 7 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida December 10, 2015 L.12 Giobianca Mcfarlane CSO Petriello 1851500122945 Officer Petriello reviewed on October 2, 2015, at 5:19 p.m., a vehicle with a license plate registered to the Petitioner was travelling northbound on Congress Avenue at West Woolbright Road in the number two lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on October 8, 2015. Officer Petriello submitted evidence into the record which was accepted by Mr. Stokes. Mr. Stokes and Ms. Mcfarlane viewed the video and still photographs. The red light time was .6 seconds. Ms. Mcfarlane commented she saw the yellow light as she was passing and would not intentionally run a red light. Decision Mr. Stokes commented the video showed a violation occurred. He upheld the citation and gave 30 days to pay. 0.15 George Edward Norton CSO Verrigni 1851500112219 Officer Verrigni reviewed on September 18, 2015, at 2:55 p.m., a vehicle with a license plate registered to the Petitioner was travelling northbound on Congress Avenue at West Boynton Beach Boulevard in the number five lane. After a review of the electronic evidence, a Notice of Violation was issued on September 22, 2015. The red light time was .7 seconds. He submitted the evidence packet to Mr. Stokes who accepted it into the record. Messrs. Stokes and Norton viewed the electronic evidence and still photographs. Mr. Norton asked what the amber time was and learned it was five seconds. It was raining and Mr. Norton did not want to get hit from behind. He thought it was less time for the amber light. Decision Based on the evidence, Mr. Stokes upheld the citation and gave 30 days to pay. K.11 Michael Nico Marzelli CSO Petriello 1851500120576 Officer Petriello reviewed on September 29, 2015, at 7:49 p.m., a vehicle with a license plate registered to the Petitioner was travelling northbound on South Federal Highway and Southeast 23rd Avenue in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on October 5, 2015. Officer Petriello E:3 Meeting Minutes '.• Light Boynton Beach, Florida December 10, 2015 submitted the evidence packet to Mr. Stokes and showed the video and still images. Mr. Stokes accepted the evidence into the record. Messrs. Stokes and Marzelli viewed the video and still photographs. Mr. Marzelli requested 30 days to pay. Decision Mr. Stokes upheld the violation and ordered payment within 30 days. F.6 Paula M Kelly CSO Petriello 1851500089904 Officer Petriello reviewed on August 17, 2015, at 6:06 p.m., a vehicle with a license plate registered to the Petitioner was travelling westbound on Woolbright Road and South Congress Avenue in the number one lane. After a review of the electronic evidence, a Notice of Violation was issued August 28, 2015. He submitted the ATS packet and documents to Mr. Stokes who accepted the package into the record. Mr. Stokes and Ms. Kelly viewed the video and still images. Ms. Kelly explained she had someone who would take ownership of the incident as she was not driving. Mr. Stokes explained at this point she should not contest the violation. He would give her 30 days to pay and she should take it up with the driver She asked for more time, and Mr. Stokes suggested she stop by the cashier on the way out and discuss it with them.. 1.9 Joseph Marcus CSO Petriello 1851500124016 Officer Pierre reviewed on October 3, 2015, at 9:17 p.m., a vehicle with a license plate registered to the Petitioner was travelling southbound at South Federal Highway and Southeast 23rd Avenue in the number three lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on October 8, 2015. He submitted the ATS packet and documents to Mr. Stokes who accepted them into the record. Messrs. Stokes and Marcus viewed the video and still photographs. Mr. Marcus commented after viewing the evidence, a fraction of a second cost him. He wanted his day in court to see the violation himself. Mr. Stokes agreed and emphasized the importance of yellow lights. Mr. Marcus advised he would pay the fine today. X Meeting Minutes LightRed . Boynton • •, December f 2015 B.2 Guerson Jean Charles CSO Verrigni 1851500112565 Officer Verrigni reviewed on September 18, 2015, at 8:25 p.m., a vehicle with a license plate registered to the Petitioner was travelling southbound on Northwest 8th Street at West Boynton Beach Boulevard in the number one left turn lane. After a review of the electronic evidence, a Notice of Violation was issued on September 23, 2015. Officer Verrigni submitted the evidence pack and video to Mr. Stokes who accepted the package into the record. Messrs. Stokes and Charles viewed the electronic evidence and still photographs. All the lights were red at that intersection. Mr. Charles did not have the chance to review the video at his home. He thought he had enough time to make it through the intersection. Decision Mr. Stokes upheld the citation and gave 30 days to pay. G.7 Newton St. Geor Kelly CSO Verrigni 1851500108704 Officer Verrigni reviewed on September 12, 2015, at 4:17 p.m., a vehicle with a license plate registered to the Petitioner was travelling southbound on Northwest 8th Street at West Boynton Beach Boulevard in the number one left turn lane. After a review of the electronic evidence, a Notice of Violation was issued on September 17, 2015. Officer Verrigni submitted the evidence pack to Mr. Stokes who accepted the evidence into the record. Messrs. Stokes and Kelly viewed the video and still photographs. Mr. Kelly commented he was surprised at the video because running red lights was stupid and dangerous and something he does not do. He commented he wanted advice from counsel. Mr. Stokes advised the time to obtain counsel was before the hearing. Mr. Kelly had not had the opportunity to view the video at his home and did not have the opportunity to understand what was occurring until the hearing. He tried several times to view the video. He acknowledged the vehicle was his, but would not say anyone else was driving the car. Mr. Stokes advised the vehicle went through the red light and the opportunity to identify the driver was in the notice. Mr. Kelly wanted the hearing continued to the next hearing date. Attorney Bridgeman objected based on Statute 316.0083. A request for continuance would have to be made five days prior to the date of a hearing. Mr. Kelly asserted he could not view the video on his laptop or Ipod because the video did not load. He could not defend what he did not know until now. 10 Meeting Minutes Red Light Boynton Beach, Florida December 10, 2015 Mr. Stokes reiterated the Statute indicates the continuance has to be requested in advance, but Mr. Kelly contended he was not an attorney so how would he know that. Based on what he saw, he wanted to seek counsel and requested a brief recess. Attorney Bridgeman commented page two of all the Notice of Violations including this one, explains all of the violators' rights and opportunities. It gives the option to request a hearing, submit an affidavit indicating someone else was driving, and at the top of the second page on the Notice of Violation, it clearly says it is a non -criminal traffic infraction of State Law. No points would be assessed and this infraction may not be used to set motor vehicle insurance rates. Attorney Bridgeman commented it was clearly communicated to the violator, they would not get points on their license, affect their insurance, and if they wanted to transfer liability, they could. The information was provided to the violator immediately upon receiving the Notice of Violation. Mr. Kelly commented he was not transferring liability to anyone else. It was his car and he was driving. His concern was the timing of the light and he was not privy to his options to make a legal argument. Mr. Stokes advised there were two options: proceed in which case, and based on the evidence, he would uphold the citation and Mr. Kelly could seek counsel and challenge the citation on appeal or in Circuit Court. Another option was, if it was continued to the next hearing in January, if found guilty at that time, Mr. Kelly would incur two hearing fees. Mr. Stokes advised he would demand Mr. Kelly show an affidavit or invoice that he talked to an attorney in January. Mr. Kelly confirmed he wanted the continuance and would bring proof he sought counsel. His issue was the timing of the light. Mr. Stokes explained the County Traffic Engineer sets the duration of the lights based on width and other factors. The lights can be from three to five seconds. The amber light time in this instance was 3.9 seconds. Sgt. Hawkins, Boynton Beach Police Department, explained they timed this intersection 30 days ago using a stop watch at 3.85 seconds consistently for about eight revolutions, which was not as concise with the computer calibration for the light. Mr. Stokes agreed to continue the case to the next meeting and advised Mr. Kelly will either have counsel present or have an invoice. He advised based on the picture, there was a violation. Mr. Stokes noted the City's objection to the continuance and continued the case to January 14, 2016, at 9:00 a.m. N.14 Ronald Lawrenc Minoff CSO Petriello 1851500114751 Officer Petriello reviewed on September 22, 2015, at 11:37 p.m., a vehicle with a license plate registered to the Petitioner was travelling eastbound on Boynton Beach Boulevard and Seacrest Boulevard in the number one lane. After a review of the electronic evidence, a Notice of Violation was issued on September 28, 2015. Officer Petriello submitted the ATS documentation into evidence and played the video and still photographs. Mr. Stokes accepted the documentation into the record. 11 Meeting-glinutes • Light Camera Hearings Boynton Beach, Florida December 10, 2015 Messrs. Stokes and Minoff viewed the electronic evidence and photographs. Mr. Minoff explained his circumstances which involved a green arrow going to a steady green light. Decision Mr. Stokes dismissed the citation and cautioned he be more careful at that intersection. V.22 Lisa Lynne Sejba CSO Verrigni 1851500118299 Officer Verrigni reviewed on September 26, 2015, at 5:05 p.m., a vehicle with a license plate registered to the Petitioner was travelling southbound on South Congress Avenue and West Woolbright Road in the number one left turn lane. After a review of the electronic evidence, a Notice of Violation was issued on October 2, 2015. Officer Verrigni submitted the evidence packet to Mr. Stokes and noted the light was red for 94 seconds. Mr. Stokes accepted the evidence into the record. Mr. Stokes and Ms. Sejba viewed the electronic evidence and still photographs. Ms. Sejba wanted to pay the ticket and when she called she was advised she had to attend the hearing, although the notice said could have paid. Officer Pettriello advised he spoke with her on the phone and informed her when the hearing was. She told him she was taking her child home. Ms. Sejba advised she had called back and just wanted to pay the bill. Decision Mr. Stokes accepted her guilty plea and waived the hearing fee. Ms. Sejba advised she would pay the fine today. W.23 Robert Nolan Stapleton CSO Verrigni 1851500087916 Officer Verrigni reviewed on August 14, 2015, at 4:50 p.m., a vehicle with a license plate registered to the Petitioner was travelling northbound on Congress Avenue and West Boynton Beach Boulevard in the number three lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on August 28, 2015. Officer Verrigni had an evidence pack to submit and a video to show. Mr. Stokes accepted the evidence into record. Messrs. Stokes and Stapleton viewed the video and still photographs. Mr. Stapleton advised there was an emergency vehicle approaching from behind him, but the video does not show it because it turned into a shopping center and he went through the light. He commented this intersection does not have a place to move over to 12 Meeting Minutes •I Light Boynton Florid10, a December2015 the right and he could not change lanes when approaching the intersection. Mr. Stokes noted the light was yellow for a full five seconds and upheld the violation because the light was red. Mr. Stapleton had issues with the red light cameras. He asserted one was innocent until proven guilty, and if someone else was driving the vehicle, the City was issuing tickets to someone who was not guilty. Mr. Stokes explained the Statute says the vehicle created the violation. If the owner identifies the driver, they will send the notice to them. Mr. Stapleton commented the City was still issuing a citation to someone without knowing if they violated the Statute. Mr. Stokes explained as a Special Magistrate, he cannot rule the Statute is unconstitutional and he administers the program by either upholding the citation or not. The testimony is on the record. If Mr. Stapleton wanted to challenge the program, they have to take it to Circuit Court with the record. That is the way the Statute was written. The Statute says the vehicle creates the violation and that was why no points were on the owner's driving record. The vehicle owner is responsible. Mr. Stapleton asked if some of the court costs could be waived and Mr. Stokes explained he is limited to what he could do with the fine. It could not be ascertained an emergency vehicle was behind him. Mr. Stokes thought he should have contacted the Police Department before the hearing asking if there was an emergency vehicle in the area at that time. Decision Mr. Stokes upheld the violation and gave thirty days to pay. Q.17 Jeanne N Rice CSO Verrigni 1851500102566 Nolan Rice, the owner's son, was put under oath. Officer Verrigni reviewed on September 4, 2015, at 4:04 p.m., a vehicle with a license plate registered to Jeanne N. Rice was travelling eastbound on Boynton Beach Boulevard at Seacrest Boulevard in the number one left turn lane. After a review of the electronic evidence, a Notice of Violation was issued on September 11, 2015. Officer Verrigni submitted an evidence packet and video to play into evidence. Mr. Stokes accepted the packet into the record. Messrs. Stokes and Rice viewed the video and still photographs. Mr. Rice pointed out there was a tow truck with a Jeep Grand Cherokee in tow which he was behind and it was hard to see the light due to the truck. He paid attention to the vehicle in front of him so when he braked, Mr. Rice would not hit him. He noted it was raining. Mr. Stokes thought the rain was more reason to be cautious. Mr. Rice advised he was driving 14 mph. Mr. Stokes thought the driver should see if the light was green. 13 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida December 10, 2015 Decision Based on the evidence, Mr. Stokes found Mr. Rice went through the light. He waived the hearing fee, but advised he had to pay the fine. Mr. Rice advised he would pay the fine today. J.10 Alberto Osvaldo Martinez CSO Verrigni 1851500088302 Attorney Frank Kessler, on behalf of Alberto O. Martinez, wanted to view the video. After doing so, he changed the plea from Not Guilty to Guilty. Decision Mr. Stokes advised he would uphold the citation and assess a fine, but waived the hearing fee and gave 30 days to pay. Officer Verrigni had the evidence packet which Mr. Stokes accepted into the record. A.1 Sheianna Keanne Babcock CSO Petriello 1851500104844 Officer Pierre reviewed on September 8, 2015, at 8:30 a.m., a vehicle with a license plate registered to the Petitioner was travelling westbound on Gateway Boulevard at North Congress Avenue in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on September 14, 2015. He submitted the evidence pack of ATS documents to Mr. Stokes who advised he would play the video. He noted Ms. Babcock was not present. Mr. Stokes viewed the video. Decision Based on the evidence presented and the registered owner not present to provide opposition, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. E.5 Brendan J Johnson CSO Petriello 1851500125443 Officer Pierre reviewed on October 6, 2015, at 7:56 a.m., a vehicle with a license plate registered to the Petitioner was travelling northbound on South Federal Highway and Southeast 23rd Avenue in the number two lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on October 13, 2015. He submitted the ATS documents into evidence and played the video. He noted Mr. Johnson was not present. Mr. Stokes accepted the evidence pack into the record. Mr. Stokes viewed the video and still photographs. 14 Meeting Minutes Red Light Camera Hearings Boynton each, Florida December 1, 2015 Decision Based on the evidence presented and the violator not present to contest it, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. R.18 Richard Scott Rubenstein CSO Verrigni 1851500084533 Officer Verrigni had evidence packs and videos for this and the next case which Mr. Stokes accepted into the record. Officer Verrigni reviewed on August 9, 2015, at 3:07 p.m. a vehicle with a license plate registered to the Petitioner was travelling northbound at South Federal Highway and Southeast 23rd Avenue in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on August 27, 2015. Officer Verrigni played the video and noted the Petitioner, Richard Scott Rubenstein, was not present for either of the two cases. Mr. Stokes viewed the video. Decision Based on the evidence for citation ending in 4533, Mr. Stokes upheld the violation and assessed a fine of $243, payable within 30 days, S.29 Richard Scott Rubenstein CSO Verrigni 1851500100354 Officer Verrigni reviewed on September 1, 2015, at 10:13 a.m., a vehicle with a license plate registered to the Petitioner was travelling northbound on South Federal Highway and Southeast 23rd Avenue in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on September 9, 2015. Officer Verrigni noted the Petitioner was not present. Officer Verrigni had a video and still images to show which Mr. Stokes viewed. Decision Based on the evidence for the citation ending in 0354, Mr. Stokes found a violation occurred, upheld the citation and assessed a fine of $243 payable within 30 days. C.3 Kaly Edwards Demattia CSO Petriello 1851500101048 (This fine was paid prior to the meeting.) 6. Other business None. 15 Meeting Minutes Red Light CameraHearings Boynton Beach, Florida December 10, 2015 None. 8. Local hearing officer requests and reports None. 9. Adjournment There being no further business, Mr. Stokes adjourned the hearings at 11:08 a.m. Catherine Cherry A Minutes Specialist 121995 litol