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Minutes 01-28-16MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA, ON JANUARY 2, 2016, AT 9:00 A.M. James Stokes, Special Magistrate Shana Bridgeman, Assistant City Attorney Gwen Mills, Traffic Clerk Anthony Petriello, Traffic Infraction Enforcement Officer Officer Anthony Verrigni, Traffic Infraction Enforcement Officer 1. Call to Order: Mr. Stokes called the Red Light Camera hearings to order at 9:28 a.m. Mr. Stokes explained he is the Special Magistrate appointed under Statute as a neutral third party to hear sworn testimony and challenges to the citation. He wanted to ensure all understood he is not a judge. He cannot rule on the constitutionality or legality of the Red Light Camera program. If the Violator wants to challenge the Statute they must put their argument on the record during their hearing, and take the record with them to Circuit Court. Mr. Stokes will look at the facts and determine if the vehicle ran a red light. The way the Statute is structured, the offending party is the vehicle. Violators are present as registered owners of the vehicle and the Notice of Violation is sent to the first name on the vehicle registration. There are no points involved with the Red Light Camera program. There is only a monetary fine. If the Violator does not pay the fine, a hold is placed on the registration and the citation must be paid to have the hold released. Because the vehicle is the Violator, if the owner was not driving and did not know who was driving, the registered owner is responsible. If the owner knew who was driving, they must file an affidavit identifying the driver and the Police Department would reissue the citation to the actual driver. Mr. Stokes would then determine if the violation occurred and assess a fine. Mr. Stokes explained the monitors are all linked to see the same thing at the same time. If anyone wanted to change their plea, they could. There is a hearing cost that is assessed if found guilty. The cost to appeal the violations is $208; after the hearing it is $243. He pointed out all fines have to be paid within 30 days. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 28, 2016 2. Amendments to the Agenda The following individuals changed their plea: Name Brian Keih Cenicola Evan Michael Cicero Cameron Adams Irish Sara Mae Delaney Vanessa Elizabeth Della Jacova Bryan Duggan Bernice Lutchman Arthur Mardius Latasha Evette Norfus Karla Emelina Peralta Angeline Bella Rizza William Mckinle Shepard Donnamarie Turek Richard Kenneth Whitty Chandra Latavia Hair Neil Thomas Richardson Notice of Violation No. 1851500103598 1851500106566 1851500102012 1851500128231 1851500136812 1851500106427 1851500128074 1851500131425 1851500106625 1851500124784 1851500133397 1851500099838 1851500108779 1851500105825 1851500131813 1851500141150 Mr. Stokes advised the cases would be heard based on the order of the sign in sheet. 3. Approval of Minutes for January 14, 2016. The minutes were deferred to the next meeting. 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. Celia Leigh Moore Notice No. 1851500125732 Anthony Petriello, Traffic Infraction Enforcement Officer, reviewed on October 6, 2015, at 3:53 p.m., a vehicle registered to the Violator was travelling southbound on Federal Highway and SE 23rd Avenue in the number two lane. After reviewing the electronic evidence, a Notice of Violation was issued October 13, 2015. Officer Petriello presented an evidence packet with videos and photos for this and all cases to Mr. Stokes. Ms. Moore and Mr. Stokes viewed the video. 2 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida Ms. Moore explained she is a single mom of six-year old twins and she travels through there between two and eight times a day. She believed the yellow light is not the time it was supposed to be. She felt she was doing the proper speed limit and felt it was yellow as she was under the light. She did not want to jam on the brakes lurching her children forward. Officer Petriello noted she was travelling 48 miles per hour with a posted limit of 35 miles per hour. Mr. Stokes noted the yellow light was four seconds. Officer Petriello commented by law, the light should be yellow 3.6 seconds. Ms. Moore felt if an Officer were present, she could have presented her case. She asserted she sees the light go off frequently and thought it needed to be checked. Decision Mr. Stokes advised the video showed Ms. Moore substantially behind the stop bar when the light turned red. He upheld the citation and assessed a fine of $243 payable within 30 days. Joshua Lewis Perfit Notice No. 1851500123612 Anthony Verrigni, Traffic Infraction Enforcement Officer, indicated on October 3, 2015, at 12:19 p.m., a vehicle registered to the Violator was travelling southbound on South Federal Highway and SE 23ro Avenue in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on October 8, 2015. Officer Verrigni submitted the evidence packet to Mr. Stokes. Messrs. Perfit and Stokes viewed the video and still photographs. A woman who did not identify herself on record explained she had a car behind her and she had her five-year old daughter with her. If she stopped, she would have been in the middle of the intersection and she felt this was the safest route to take. Mr. Stokes noted the car behind her was not too close and explained the system is set up that yellow means to start slowing down. Decision Based on the video, Mr. Stokes determined she ran the light. He upheld the citation, assessed a fine of $243 and gave 30 days to pay. Leila Grouicha Notice No. 1851500131375 Officer Petriello related on October 13, 2015, at 5:56 p.m., a vehicle registered to the Violator was travelling southbound on Congress Avenue at W. Gateway Boulevard in the number one lane. After a review of the electronic evidence, a Notice of Violation was issued October 19, 2015. He submitted the evidence packet to Mr. Stokes. Messrs. Stokes and Grouicha viewed the video and still images. 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 28, 2016 Mr. Grouicha explained he has a back injury and his leg has been hurting since June. Since then, he has been undergoing physical therapy and others drive him around because his response and braking is not the same as it was before the injury. He does not drive much. The car in front of him threw him off because it kept braking and made a U-turn, and his leg slipped. Mr. Stokes expressed his concern Mr. Grouicha's medical condition makes it unsafe for him to drive. There was a five -second yellow light. Decision Based on the video and photographs, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Gary Percia Notice No. 1851500096925 Officer Verrigni reported on August 27, 2015, at 5:43 p.m., a vehicle registered to the Violator was travelling southbound on Congress Avenue and Gateway Boulevard in the number four lane. After a review of the electronic evidence, a Notice of Violation was issued on September 3, 2015. Officer Verrigni submitted the evidence packet to Mr. Stokes. Messrs. Stokes and Percia viewed the video and still images. Mr. Percia explained in 2007, he was hit by a car running a steady red light and the same thing occurred in 2012. He is disabled and made a judgment call. He recalled the light was yellow, he was kind of lost in the area and had to decide whether to jam on his brakes. Mr. Stokes noted this intersection had a 5.1 second yellow light. Decision Based on the video, Mr. Stokes upheld the citation and gave 30 days to pay. Mr. Percia commented he receives less than $1,000 a month and asked if there was any way he could make a payment plan. Mr. Stokes explained he is limited by the Statute. Mr. Percia advised he could not pay it and was informed the Department of Motor Vehicles is notified and they place a hold on the vehicle registration. Brooke Allison Kutik Notice No. 1851500141853 Officer Petriello reviewed on October 26, 2015, at 9:43 a.m., a vehicle registered to the Violator was travelling eastbound on Boynton Beach Boulevard at N. Congress Avenue in the number five lane. After a review of the electronic evidence, a Notice of Violation was issued on October 30, 2015. Officer Petriello submitted the evidence packet to Mr. Stokes. Mr. Stokes and Ms. Kutik viewed the video and still images. 4 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 28, 2016 Ms. Kutik commented the light changes quickly at that intersection, and she did not believe the light was calibrated correctly. She has problems with her eyes and thought it was yellow. Mr. Stokes viewed the video and still images a second time and noted the video showed she had time to stop. Decision Based on the video, Mr. Stokes upheld the citation and gave 30 days to pay. Corrado Padula Notice No. 1851500136317 Officer Petriello advised on October 19, 2015, at 10:58 a.m., a vehicle registered to the Violator was travelling eastbound at W. Woolbright Road, at SW 8th Street in the number one lane. After a review of the electronic evidence, a Notice of Violation was issued on October 26, 2015. Officer Petriello submitted an evidence packet to Mr. Stokes. Messrs. Stokes and Padula viewed the video and still images. Mr. Padula explained he intended to appeal the case. He pled not guilty to proceeding through the light, it was not him in the car, and he wanted to see evidence of him being in the car for this "crime." He asked if the violation was a civil or traffic offense and Mr. Stokes responded the way that Statute is written, the violation was a civil offense against the vehicle. The violation would not appear on his driving record, nor is any jail time involved. Mr. Padula noted a civil case must have a victim and he inquired who the victim was, Mr. Stokes recommended he speak to an attorney because he cannot give legal advice. Mr. Stokes operates under a Statute that designates the offense as a civil offense. He presumed it would be the people of the State of Florida. Mr. Padula contended he had not received a verified complaint. Mr. Stokes explained Mr. Padula received the Notice of Violation which was what the Statute required and Mr. Padula confirmed he received the Notice of Violation in the mail. Mr. Padula noted the ticket was mailed from Tempe, AZ and it was unlawful to use the U.S. Mail to send a ticket to someone outside of that City. Mr. Stokes explained they are operating under the Statute. Mr. Padula did not see information about the time and explained for a speed limit of 40 mph, the time should be 4.0 seconds. Mr. Stokes advised this light was yellow for 4.5 seconds. Mr. Padula did not agree and advised he would receive verification of that and obtain verified witnesses. He wanted maintenance records for the traffic light and was told he had to ask the City. Mr. Stokes advised he had to submit a public records request. Mr. Padula commented in 2008, the State Attorney General ruled that Florida Statute Section 316,002 made it illegal for municipalities to implement this program without approval by the State and he requested a copy of said approval. Mr. Stokes explained Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 28, 2016 the opinion came out before this Florida Statute was enacted. He commented the Statute was enacted in response to the Attorney General's Opinion, and it authorized the current program. He explained the provision was contained in Florida Statute 316. Mr. Padula concluded his record and pointed out he was not the driver of the car and he should not receive a ticket for someone else driving. Mr. Stokes asked if he filled out and submitted the Affidavit of Non -Responsibility. Mr. Padula explained he wanted to use his Fifth Amendment so as not to incriminate someone else. Mr. Padula also wanted to use his Sixth Amendment and have the right to address his accuser. Mr. Stokes put on record there was testimony by American Traffic Solutions on October 8th about the way the program is operated, how cameras are calibrated, how the images are sent to the Police Department and how the citations are issued, which he took judicial notice of as part of the record. Decision Based on the video, Mr. Stokes found the light was yellow for 4.5 seconds and four cars went through the yellow light before Mr. Padula reached the stop bar. Mr. Stokes advised the fine was $243. He upheld the citation pursuant to the Statute, payable within 30 days and subject to appeal. Porsha Mercede Allison Notice No. 1851500118315 Officer Verrigni revealed on September 26, 2015, at 6:01p.m., a vehicle registered to the Violator was travelling northbound on South Federal Highway and SE 23rd Avenue in the number two lane. After a review of the electronic evidence, a Notice of Violation was sent on October 2, 2015. Officer Verrigni submitted an evidence packet to Mr. Stokes. The Violator was not present. Mr. Stokes viewed the video and still photographs. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable within 30 days. Padrieka. La Toya Cannon Notice No. 1851500117713 Officer Petriello on September 26, 2015, at 7:53 a.m., a vehicle registered to the Violator was travelling westbound on W. Woolbright Road and S. Congress Avenue in the number one lane. After a review of the electronic evidence, a Notice of Violation was issued on October 1, 2015. Officer Petriello submitted an evidence packet to Mr. Stokes. The Violator was not present. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 28, 2016 Mr. Stokes reviewed the video and still photographs. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable within 30 days. Sherman Wendell Cooley Notice No.1851500128462 Officer Petriello reviewed on October 9, 2015, at 10:44 p.m., a vehicle registered to the Violator was travelling eastbound on W. Woolbright Road and SW 8th Street in the number four lane. After a review of the electronic evidence, a Notice of Violation was issued on October 15, 2015. Officer Petriello submitted the evidence packet to Mr. Stokes. Mr. Stokes viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable within 30 days. Marc D. Elysee Notice No. 1851500110387 Officer Petriello reviewed on September 15, 2015, at 2:41 p.m., a vehicle registered to the Violator was travelling southbound on N. Congress Avenue at W. Gateway Boulevard. After a review of the electronic evidence, a Notice of Violation was issued on September 18, 2015. Officer Petriello submitted an evidence packet to Mr. Stokes. The Violator was not present. Mr. Stokes viewed the video and still photographs. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Miriam Figel Notice No. 1851500144865 Officer Verrigni asserted on October 30, 2015, at 7:37 a.m., a vehicle registered to the Violator was travelling southbound on South Federal Highway and SE 23rd Avenue in the number two lane. After viewing the electronic evidence, a Notice of Violation was issued on November 5, 2015. Officer Verrigni submitted an evidence packet to Mr. Stokes. The Violator was not present. Mr. Stokes viewed the video and still images. 7 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 28, 2016 Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Jennifer Michele Numa Notice No. 1851500092239 Officer Petriello reviewed on August 21, 2015, at 7:18 a.m., a vehicle registered to the Violator was travelling southbound on N. Congress Avenue at W Gateway 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 evidence packet to Mr. Stokes. The Violator was not present. Mr. Stokes viewed the video and still photographs. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243, payable in 30 days. Lisa Teresa Renner Notice No. 1851500097261 Officer Verrigni reported on August 28, 2015, at 11:11 a.m., a vehicle registered to the Violator was travelling eastbound on Woolbright Road and SW 8t" Street in the number one lane. After a review of the electronic evidence, a Notice of Violation was issued on September 3, 2015. Officer Verrigni submitted the evidence packet to Mr. Stokes. The Violator was not present. Mr. Stokes viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable within 30 days. Michael Harrison This case was not considered. 6. Other Business 7. City Requests and Reports Notice No. 1851500110668 8. Local hearing officer requests and reports 0 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 28, 2016 9. Adjournment There being no further business, Mr. Stokes concluded the hearings at 11:16 a.m. } �wil Catherine Cherry Minutes Specialist 092996 0