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Minutes 02-11-16MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA, ON FEBRUARY 11, 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 9:07 a.m. Mr. Stokes explained he is the Special Magistrate appointed to hear Red Light Camera violations. He has no relationship with the City of Boynton Beach and is a neutral third party authorized by the Statute to hear the cases. He is not a judge and he is limited to what he can do. The way the law is written, the first initial notice imposes a fine of $158. If an administrative review takes place, the fine increases by $50 to $203. If the citation is upheld, there is a hearing fee similar to court costs which the City set at $35. These fines are permitted by Statute and he has no control over them. The citation is not a moving violation; it is a civil citation the City issues after review when an image of a vehicle going through a red light is captured by a camera. As the registered owner, the first name listed on the registration receives the Notice of Violation. If the owner was not driving, as contained in the Notice, they could send in an affidavit and identify the driver by name. If the owner does not, the registered owner will pay the fine. Mr. Stokes directed anyone wanting to use the defense they were not driving at the time that wanted to avoid the $35 additional hearing cost to come to the front of the Chamber and change their plea. Mr. Stokes pointed out violators challenge the constitutionality of the program at each hearing and explained he could not rule on the constitutionality of the program. His job is only to review the evidence and determine if there was a violation. If the violator wanted to challenge the constitutionality of the program, they must make a record and go to Circuit Court. Violators had to exhaust all of their administrative remedies before making their appeal. Any further rulings would have to come from a judge. 2. Amendments to the Agenda Mr. Stokes explained he will hear the cases based on the order of the sign -in sheet. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 11, 2016 3. Approval of Minutes January 28, 2016 Mr. Stokes approved the minutes of January 14, 2016, and January 28, 2016. 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. Mr. Stokes explained the City bears the burden of proof so the City will present testimony first, introduce documents into the record and then show a video and still photographs. The monitors are linked and the images will be viewed simultaneously. Heather Campbell Notice No.1851500143834 Officer Verrigini, Traffic Infraction Enforcement Officer, reported on October 28, 2015, at 6:42 p.m., a vehicle registered to the Violator was travelling eastbound on Boynton Beach Boulevard and North Congress Avenue in the number two lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on November 4, 2015. Officer Verrigni submitted an evidence pack containing still photographs and a video and a CD with all videos and pictures for all the cases being heard at the hearing to Mr. Stokes. Mr. Stokes accepted the CD for all the hearings and the Notice of Violation packet for this case. Mr. Stokes and Ms. Campbell viewed the video and still images. Ms. Campbell stated her photograph showed another car turning at the same time as she and she cannot afford the ticket. She did not view the video on the website. Mr. Stokes noted the vehicle to the right went straight on green. The vehicle on the left stopped. Decision Mr. Stokes explained the video evidence showed Ms. Campbell went through the stop bar. He upheld the citation, assessed a fine of $243 and gave 30 days to pay Steven John Powers Notice No. 1851500115063 Officer Verrigini indicated on September 22, 2015, at 4:54 p.m., a motor scooter registered to the Violator was travelling southbound on South Federal Highway at SE 23�d Avenue in the number three lane. After a review of the electronic evidence, a Notice of Violation was issued on September 29, 2015. Officer Verrigni submitted an evidence pack with still photographs and videos to Mr. Stokes which Messrs. Stokes and Powers viewed. 2 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 11, 2016 Mr. Powers explained he no longer drives the scooter because there were many cases of almost being mowed down. He heard screeching behind him and was afraid to stop. Mr. Stokes noted he slowed down and turned into a driveway on the other side of the road. Mr. Stokes did not see a vehicle behind him. Decision Based on the evidence; Mr. Stokes upheld the citation and assessed a fine of $243, payable within 30 days. Stephen John Powers Notice No. 1851500128405 Officer Petriello, Traffic Infraction Enforcement Officer, reviewed on October 9, 2015, at 10 a.m., a motor scooter 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 issued October 15, 2015. Officer Petriello submitted the evidence pack from ATS containing a video and still images, which Messrs. Stokes and Powers viewed. Mr. Powers thought it was too late to stop and advised he would appeal the matter. Decision Mr. Stokes upheld the citation based on the video evidence and assessed a fine of $243, payable within 30 days. Joseph James Stine Notice No. 1851500177972 Officer Verrigini indicated on December 10, 2015, at 9:57 a.m., a vehicle registered to the Violator 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 December 18, 2015. Officer Verrigini submitted an evidence pack with photos and still images to Mr. Stokes which Messrs. Stokes and Stine viewed. Mr. Stineexplained he was not in the third lane, he was in the fourth lane and the road was repaved. The fourth lane was a turn lane and when he was approaching, he checked the rear and side lanes to move into the number three lane. The light changed and he had no chance to stop. Mr. Stine explained he was doing the speed limit. Mr. Stokes explained how the lanes are designated. Mr. Stine disagreed with the timeframe of the light changing from yellow to red. Mr. Stine went back and timed the light asserting the light was not four seconds. Mr. Stokes noted the infraction was by one tenth of a. second, but he had five full seconds of yellow light. 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 11, 2016 Decision Mr. Stokes dismissed the case based on the lanes that were not striped and cautioned yellow lights signal the driver should be prepared to stop. Pamela Azareth Vivanco Notice No. 185111500146506 Officer Petriello explained on November 1, 2015, at 2:10 a.m., a vehicle registered to the Violator was travelling westbound on West Woolbright Road and South Congress Avenue in the number one lane. After a review of the electronic evidence, a Notice of Violation was issued on November 5, 2015. Officer Petriello submitted an evidence packet with still images and a video to Mr. Stokes, which Mr. Stokes and Ms. Vivanco reviewed. Ms. Vivanco explained when she received the notice in the mail, her son was in the hospital so she or her husband was driving. Unless a sign said no U-turn on red, she thought it was okay to make a U-turn. Mr. Stokes advised this was a big misconception. Drivers can make a right turn on red, but a left turn or U-turns need a green light. Decision Mr. Stokes upheld the citation and gave 30 days to pay the fine of $243. He explained if not paid, she could not renew her vehicle registration. Ms. Vivanco explained she was not working. Mr. Stokes advised 30 days was the longest amount of time to pay. Stacey Elizabe Rybak Notice No. 1851500133132 Officer Verrigini related on October 15, 2015, at 11:50 a.m., a vehicle registered to the Violator was travelling north on Congress Avenue at East Gateway Boulevard in the number two lane. After a review of the electronic evidence and still photographs, a Notice of Violation was issued on October 22, 2015. Officer Verrigini submitted an evidence pack containing a video and still images to Mr. Stokes which Mr. Stokes and Ms. Rybak viewed. Ms. Rybak commented she probably panicked and was not sure how to proceed. Decision Based on evidence, Mr. Stokes upheld the violation, assessed a fine of $243 and gave 30 days to pay. 12 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 11, 2016 David James Kazel Notice No.1851500097766 Officer Petriello reviewed on August 28, 2015, at 8:05 a.m., a vehicle registered to the Violator was travelling southbound on NW 8t" Street at West Boynton Beach Boulevard in the number two lane. After a review of the electronic evidence and still photographs, a Notice of Violation was issued on September 4, 2015. Officer Petriello submitted an evidence pack to Mr. Stokes containing video and still images which Messrs. Stokes and Kazel viewed. Mr. Kazel explained he would have been hit by a truck. Decision Mr. Stokes acknowledged Mr. Kazel ran the red light but another vehicle created the hazard. Mr. Stokes dismissed the case. Hezi Gabai Notice No. 1851500150730 Officer Petriello related on November 6, 2015, at 1:50 p.m., a vehicle registered to the Violator 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 November 16, 2015. Officer Petriello submitted the ATS evidence pack to Mr. Stokes containing a video and still images which Messrs. Stokes and Gabai viewed. Mr. Gabai submitted a letter to Mr. Stokes which detailed the lights were in a bad position due to a blind spot. Mr. Stokes asked if the letter contained his entire defense. Mr. Gabai explained most of the time the traffic stops. Mr. Stokes noted the light was red for a while. Decision Mr. Stokes upheld the citation and did not think the defense excused running the light. He advised he had 30 days to pay the fine of $243. Mr. Gabai commented the car in front of him went through the light. Officer Petriello explained when they make the turn east, it is blind and one does not see the traffic light but there are two signs posted before the traffic light; one indicating the red light camera and the other indicating there is a signal ahead. Mr. Stokes thought the lights were positioned properly. Karen Crowe Notice No. 1851500119925 Officer Petriello indicated on September 29, 2015, at 7:33 a.m., a vehicle registered to the Violator was travelling southbound on South Federal Highway and SE 23r6 Avenue Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 11, 2016 in the number three lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on October 2, 2015. Officer Petriello submitted an evidence pack with a video and still images to Mr. Stokes which Mr. Stokes and Ms. Crowe reviewed. Ms. Crowe explained she thought she was past the light and commented it is a short light, with not even four seconds. She thought the light had been repaired so she maintained a steady speed. She was taking her five-year old to school. Decision Mr. Stokes upheld the citation, assessed a fine of $243 and gave 30 days to pay. Mark Frederi Vornsand Notice No. 1851500140616 Mr. Vornsand was administered an oath before testifying. Officer Petriello reviewed on October 24, 2015, at 2:54 p.m., a vehicle registered to the Violator was travelling southbound on NW 8th Street at West Boynton Beach Boulevard in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on October 29, 2015. Officer Petriello submitted an evidence pack containing a video and still images to Mr. Stokes which Messrs. Stokes and Vornsand viewed. Mr. Vornsand did not remember the incident and commented it seemed like the light was yellow. When he went through the intersection, he misjudged the length of the yellow light. Decision Based on the video and other evidence, Mr. Stokes upheld the citation, assessed a fine of $243 and gave 30 days to pay. Schumann Servil Notice No. 1851500102616 Officer Petriello pointed out the evidence pack for both of the following two cases was submitted on January 14th at the original hearing and Sgt. Hawkins authorized the violations to be rescheduled. Officer Petriello explained on September 4, 2015, at 5:02 p.m., a vehicle registered to the Violator was travelling eastbound on Boynton Beach Boulevard and N. Seacrest Avenue in the number one lane. After a review of the electronic evidence, a Notice of Violation was issued on September 11, 2015. Officer Petriello played the video and still images which Messrs. Stokes and Servil viewed. H Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 11, 2016 Mr. Servil commented he saw the light was yellow and he turned. He had just moved from Boston and was unfamiliar with the area. Decision Mr. Stokes advised the video clearly shows a violation. He upheld the citation, assessed a fine of $243 and gave 30 days to pay. Schumann Servil Notice No. 1851500104174 Officer Verrigini advised on September 8, 2015, at 5:19 p.m., a vehicle registered to the Violator was travelling southbound on Congress Avenue at Gateway Boulevard in the number three lane. After a review of the electronic evidence and still photographs, a Notice of Violation was issued on September 11, 2015. The evidence pack was previously submitted on January 14, 2016 meeting. Messrs. Stokes and Servil viewed the video and still photographs. Mr. Servil did not know about the light system. It had rained that day and he was afraid to hit the brakes. Mr. Stokes noted the intersection was large and busy. Decision Mr. Stokes upheld the citation and assessed a fine of $203 without the hearing fee and gave 30 days to pay. Mr. Servil commented he had been checking the lights and the yellow duration is quicker than at other intersections. He shared his thoughts it looked like a way to catch violators. Mr. Stokes explained the traffic engineers check the lights. Porsha Mercede Allison Notice No. 1851500124982 Officer Petriello explained October 15, 2015, at 12:17 p.m., a vehicle registered to the Violator was travelling southbound 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 issued on October 13, 2015. Officer Petriello submitted an evidence pack containing a video and still images to Mr. Stokes which was viewed. The Violator was not present. Decision, Based on the evidence, Mr. Stokes upheld the citation and assessed a fine of $243, payable within 30 days. tI Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 11, 2016 Brook Thomas Babes Notice No. 1851500138206 Officer Verrigini indicated on October 21, 2015, at 11:30 a.m., a vehicle registered to the Violator Was travelling southbound on NW 8t" and West Boynton Beach Boulevard in the number two lane. After a review of the electronic evidence, a Notice of Violation was issued on October 27, 2015. Officer Verrigni submitted an evidence pack containing videos and still photographs to Mr. Stokes which he viewed. The Violator was not present. Decision Based on evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Renante Louis Juste Notice No. 1851500148825 Officer Verrigni reported on November 4, 2015 at 8:59 a.m., a vehicle registered to the Violator was travelling westbound on Woo►bright Road and Congress Avenue in the number one lane. After a review of the electronic evidence, a Notice of Violation was issued on November 10, 2015. Officer Verrigni submitted an evidence pack with a video and still images to Mr. Stokes which he viewed. The Violator was not present. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable within 30 days. Justin Leonard Krogh Notice No. 185i500108175 Officer Verrigni outlined on September 12, 2015, at 8:23 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 a review of the electronic evidence, a Notice of Violation was sent on September 17, 2015. Officer Verrigni submitted an evidence pack containing a video and still images to Mr. Stokes which he viewed. The violator was not present. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable within 30 days. Alexis Brook Maloney Notice No. 1851500117242 Officer Verrigini explained on September 25, 2015, at 3:26 p.m., a vehicle registered to the Violator was travelling eastbound on Boynton Beach Boulevard and N. Seacrest Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 11, 2016 Boulevard in the number two lane. After a review of the electronic evidence and still photographs, a Notice of Violation was sent October 1, 2015. Officer Verrigni submitted an evidence pack to Mr. Stokes containing a video and still images which Mr. Stokes viewed. The Violator was not present. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable within 30 days. Diane Jean McFarland Notice No. 1851500144808 Officer Petriello indicated on October 30, 2015, at 5:43 a.m., a vehicle registered to the Violator was travelling eastbound on Boynton Beach Boulevard and Seacrest Boulevard in the number two straight lane. After a review of the electronic evidence, a Notice of Violation was issued on November 5, 2015. Officer Petriello submitted an evidence packet to Mr. Stokes containing a video and still images, which Mr. Stokes viewed. The Violator was not present. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243, payable within 30 days. Kasmyhr Alexa Robles Notice No. 1851500131722 Officer Verrigni conveyed on October 14, 2015, at 1:15 a.m., a vehicle registered to the Violator was travelling northbound on Congress Avenue and East Gateway Boulevard in the number four lane. After a review of the electronic evidence, a Notice of Violation was issued on October 21, 2015. Officer Verrigni explained the red light time was one full second. Officer Verrigni submitted an evidence pack containing a video and still photographs to Mr. Stokes, which was viewed. The Violator was not present. Decision Base on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable within 30 days Carolyn Stanley Notice No 1851500136432 Officer Verrigni related on October 19, 2015, at 11:43 a.m., a vehicle registered to the Violator was travelling eastbound on Woolbright Road and Congress Avenue. After a review of the electronic evidence, a Notice of Violation was sent on October 26, 2015. Officer Verrigni noted there was a Transfer of Liability Affidavit from Avis/Budget Rent -a - Car Holding Company for this case, transferring liability to Carolyn Stanley, who was not E Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 11, 2016 present. The Affidavit was received on October 28, 2015, and a new Notice of Violation was issued to Ms. Stanley on October 29, 2015. Officer Verrigni submitted an evidence pack containing videos and still images to Mr. Stokes, which was viewed.. Mr. Stokes noted when the original Notice of Violation was sent to Avis Rent -a -Car or their holding group, Avis was given the opportunity to submit an affidavit identifying someone else as the driver. Then the notice was sent to Ms. Stanley. He inquired if Ms. Stanley was also given the opportunity to submit an affidavit. Officer Verrigni responded she was. Mr. Stokes noted Ms. Stanley claimed someone else was driving on the hearing request, and mentioned him by name, but she did not submit the affidavit identifying the other driver. Decision Based on the evidence, including the affidavit from Avis Rent a Car, and the lack of an affidavit from Ms. Stanley, Mr. Stokes upheld the violation against Ms. Stanley and assessed a fine of $243, payable within 30 days. The following individuals changed their plea and did not move forward with a hearing: Brijana Aushana Beck Sherentha Nicole Brown Rosanne Jenny M Paul -Bruno Andre Miguel Sanchez Majory Desulme Melvin Perez -Santiago 6. Other Business: None 7. City requests and reports: None 8. Local Hearing officer requests and reports: None 9. Adjournment Notice No. 1851500119099 Notice No. 1851500114009 Notice No. 1851500155291 Notice No. 1851500135129 Notice No. 1851500117606 Notice No. 1851500119693 There being no further business to discuss, Mr. Stokes concluded the hearings at 11:05 a.m. Catherine Cherry Minutes Specialist 021616 10