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Minutes 04-26-16MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA, ON APRIL 28, 2016, AT 9:00 A.M. James Stokes, Special Magistrate Shana Bridgeman, Assistant City Attorney 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 9:06 a.m. Mr. Stokes explained he is the Special Magistrate to preside at the hearings. The Statute requires a neutral person hear the cases. He does not work for the City, have knowledge of the cases and he has not reviewed any evidence. As a Hearing Officer, he is not a judge. He cannot rule on the program or its constitutionality. If the Violator wants to challenge the program in court, they must make their record because the Violator has to first exhaust their administrative rights. Violators often comment they were not driving. Mr. Stokes explained the law was enacted as a civil offense. The Notice indicates if not driving, the owner has to identify the driver so the City can resend the Notice of Violation. If no affidavit is sent and the owner is found guilty, they can take the matter up with the driver to recoup the fine. They have a picture of the vehicle and the allegation is the car ran the light resulting in the registered owner receiving the notice. If two names are on the registration, the Notice of Violation is sent to the first name. Mr. Stokes explained the original notice indicates there is a fine of $158. If requesting a hearing, an administrative fee of $50 is added. If testifying to the case and found guilty, a court cost of $35 is further imposed. Mr. Stokes offered those wishing to change their plea to come to the front of the Chamber and receive their Order. An unidentified woman asked if she could withdraw from the hearing and go directly to court. Mr. Stokes explained her case was on the agenda and would be heard. Another woman asked when they received the notice, how they would know if they ran the light and when the picture was taken. Mr. Stokes explained there is a white line at each light and a sidewalk. Some part of the vehicle has to be over the line before the light turns red. He did not know about the camera technology. The rule is the limit line. If entering an intersection and some part of the vehicle is in the intersection and it's yellow and the light turns red, they did not run a red light. Mr. Stokes explained the City will present testimony first. Monitors are in real time. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida April 28, 2016 2. Amendments to the Agenda The following individuals changed their plea: Thomas Smith Paul William Przybylski Harkrishan Singh Kochar Ann Sheridan Betty Joyce Harrell Teaira Nicole Neal Joshua Burgess Joanna Lyn Torres Seneca F. Doss John Caparosa The following individuals paid: Tawanda Nekeish Ward Johnnie Ray Peele Robert M. Theiss The following cases were dismissed: Notice No. 1851500172916 Notice No. 1851500164210 Notice No. 1851500151498 Notice No. 1851500154815 Notice No. 1851500164772 Notice No.1851500172643 Notice No. 1851500169011 Notice No. 1851500176420 Notice No. 1851500155770 Notice No. 1851600017607 Notice No. 1851500157628 Notice No. 1851500158170 Notice No. 1851500161661 Brione Stedwell Notice No. 1851500144691 B & L Service, Inc. Notice No. 1851600009034 James A. Tassi Notice No. 1851600014364 3. Approve of Minutes: March 10, 2016 & March 24, 2016 Mr. Stokes approved the minutes. 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. Patricia Ann Glynn Notice No. 1851600016963 Officer Petriello reviewed on January 5, 2016, at 4:02 p.m., a vehicle registered to the violator was travelling southbound on South Federal Highway at SE 23rd Avenue in the number one lane. After a review of the electronic evidence and photographs, Officer Petriello issued a Notice of Violation on January 19, 2016. Officer Petriello submitted a CD containing videos and pictures for this case and all the cases being heard at the hearing to Mr. Stokes who accepted the evidence. 2 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida April 28, 2016 Mr. Stokes and Ms. Glynn reviewed the evidence and still photographs. Ms. Glynn explained she was going to turn left into her driveway. The light had turned red, but she would have to stop in the middle of the street. There was traffic behind her and she waited and turned left. Mr. Stokes did not see traffic behind her and commented the best option was to let the light cycle and get a green arrow. Ms. Glynn contended there was a hidden street and when they have a green light, they travel left around the island. Mr. Stokes advised the light was red and he did not see extenuating circumstances. Decision Based on the evidence and the photographs, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Ms. Glynn commented she felt she was being doubly punished and contested the fine. Based on his review, the light was red for 42 seconds and she did not want to wait for a green arrow. Gary Howard Rice Notice No. 1851600012178 Officer Verrigini, Traffic Infraction Enforcement Officer, conveyed on December 31, 2015, at 8:31 a.m., a vehicle registered to the violator was travelling northbound on South Federal Highway at SE 23 Avenue in the number three straight lane. After a review of the electronic evidence and photographs, Officer Verrigini issued a Notice of Violation on January 13, 2016. He submitted an evidence pack to Mr. Stokes. The picture identified a yellow jeep, and Mr. Rice admitted it was his yellow jeep. Mr. Stokes explained the Notice of Violation mentioned a yellow Jeep, but showed a picture of a black Mercedes. Decision Mr. Stokes dismissed the case. Marie Jeanne Camille Notice No. 18951500146910 Officer Petriello explained on November 3, 2015, at 3:47 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at N. Congress Avenue in the number four lane. After a review of the electronic evidence and photographs, Officer Petriello issued a Notice of Violation on November 9, 2015. He submitted the ATS evidence packet to Mr. Stokes. Mr. Stokes and Ms. Camille viewed the video and still photographs. Ms. Camille explained there was a school bus in front of her and she thought the light was yellow, when it turned red. When she realized her choice was to stop in the middle 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida April 28, 2016 of the street or continue, she went through the light. Mr. Stokes understood, but advised she was two or three car lengths behind the bus and she could see the yellow light. Mr. Stokes commented yellow lights are a warning to prepare to stop. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Veronica Margari Mills Notice No. 1851500176420 Officer Petriello commented on December 18, 2015, at 11:26 p.m., a vehicle registered to the violator was travelling westbound on W. Woolbright Road at S. Congress Avenue in the number one lane. After a review of the electronic evidence and photographs, Officer Petriello issued a Notice of Violation on January 4, 2016. He submitted the evidence pack to Mr. Stokes. The red light time was 25.2 seconds. Mr. Stokes and Ms. Mills viewed the electronic evidence. Ms. Mills advised her son was driving. Ronald Mills, the driver was present and also viewed the video. He advised the light was green for the other car to go. Mr. Stokes saw the green light for straight traffic, but the left -turn lane was governed by the left -turn arrow. Mr. Mills was making a U-turn on red which is allowed. Mr. Stokes explained it is not legal to make a U-turn at a red light. Sergeant Hawkins explained a left U-turn on a red light was not permitted. Yellow markings are also considered a safety lane. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Mr. Mills explained he turned at other lights and nothing happened. Mr. Stokes explained he did not know how the sensors were set or if they were located in a position to capture the photos. The photographs also measures velocity. Officer Petriello explained people think a computer generates the notice, but they view every video. The light may be recording an event because a light was flashing, but an officer determines if it is a violation or whether to dismiss it. Raymond Benjamin Mr. Stokes reviewed the paperwork. 2 Notice No.1851600004571 Meeting Minutes Red Light Camera Hearings Boynton Beach, lri a April 28, 2016 Decision Based on the Notice of Violation, Mr. Stokes dismissed the case. John Patrick Holder Notice No. 1851600017144 Officer Petriello mentioned on January 5, 2016, at 7:36 p.m., a vehicle registered to the violator was travelling eastbound on W. Woolbright Road at SW 8th Street. After a review of the electronic evidence and photographs, Officer Petriello issued a Notice of Violation on January 19, 2016. Officer Petriello submitted an evidence packet to Mr. Stokes and Messrs. Stokes and Holder viewed the video and still images. Mr. Holder had no comment. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Kandice Alisha Allen Notice No. 185160005426 Officer Verrigini commented on February 14, 2016, at 10:55 a.m., a vehicle registered to the violator was travelling northbound on South Federal Highway at SE 23�d Avenue. After a review of the electronic evidence and photographs, Officer Petriello issued a Notice of Violation on March 3, 2016. Officer Verrigni submitted the ATS evidence packet to Mr. Stokes. Mr. Stokes and Ms. Allen viewed the video and still images. Ms. Allen explained she does not have the Acura as there was an airbag recall. Acura had the vehicle in mid-January up until two weeks ago. She got the vehicle, turned it in and they gave her a Ford Focus. She got the notice and she was getting rid of the vehicle. Mr. Stokes reviewed the video again. Decision Mr. Stokes dismissed the case. Kelly Marc Hunter Notice No. 1851500146399 Officer Petriello commented on October 31, 2015, at 8:36 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at N. Seacrest Boulevard in the number three lane. After a review of the electronic evidence and photographs, Officer Petriello issued a Notice of Violation on November 5, 2015. Officer Petriello submitted the evidence pack to Mr. Stokes. Messrs. Stokes and Hunter viewed the video and still photographs. 5 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida April 28, 2016 Mr. Hunter explained the car has a factory defect. The vehicle continuously stalls and the dealership failed to correct it. He is still making payments and he travels W. Ocean Avenue and 1-95 because the vehicle runs better at a higher speed and lower speeds usually results in the stall. Mr. Stokes understood, but did not think it was a justification to go through a red light. naricinn Mr. Stokes upheld the citation. Mr. Hunter asked if the fee would stay the same and learned it was the same fee amount. Amanda Gatta Marion Notice No. 1851500161745 Officer Petriello mentioned on November 19, 2015, at 9:51 p.m., a vehicle registered to the violator was travelling northbound on N. Congress Avenue at W. Gateway Boulevard in the number five lane. After a review of the electronic evidence and photographs, Officer Petriello issued a Notice of Violation on December 7, 2015. He submitted the ATS evidence pack to Mr. Stokes. Mr. Stokes and Ms. Marion viewed the video and still photographs. Ms. Marion explained the Statute advised only the still photographs were admissible in court and not the video. Mr. Stokes advised during the Administrative Hearings, he is instructed to view the video and still photographs. Ms. Marion asked if the Officer viewed the video or if ATS viewed the video. Officer Petriello responded he originally viewed the violation. Ms. Marion inquired why the notice was sent from out of the area and the notice has to be issued by the police department and not initially viewed and issued by ATS. Officer Petriello explained ATS is not initially viewing the violations. The Police Department does. ATS handles the program and software and the mail. ATS prints the notice and mails the notice only after the officer reviews it and determined a violation occurred. It is not a delegation of police power. Sergeant Hawkins advised the Boynton program conforms to the Aerm decision and the Statute. Mr. Stokes explained some cities were not having an officer authorize the tickets and ATS was just sending the Notice of Violation out, which was what the court found was a problem. In Boynton Beach, the officers authorize the Notice after review. The ministerial work of dropping the notice in the mail is done by ATS only after the review is issued and their names are on it as the issuing officer. On October 8, 2015, ATS was present and testimony was put on the record, which is incorporated by reference at every hearing, offering a full explanation about who reviews the violation, who authorizes a notice to be issued and who mails the violation. A copy of the transcript was available from the City. Ms. Marion asked if she could get a copy of the calibration report to show the light was properly calibrated. N Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida April 2, 2016 Officer Petriello explained there was no such thing as a calibration report and inquired what she was looking for. Ms. Marion responded she wanted to ensure the camera was working correctly and timed properly for the citation. Ms. Marion asked for a new hearing date as she wanted to continue the case. Mr. Stokes explained he cannot rule on the legality or constitutionality of the program and he noted she was making her record. Ms. Marion thought the calibration of the camera would lend itself to the constitutionality of the program as it would go to the ability of the device. She wanted the citation dismissed if no one could prove the camera was working properly at the time. Mr. Stokes agreed to continue the case to the next month, and commented it would generate an extra hearing charge if found guilty. He preferred to give people the opportunity to put their case on the way they wanted too. She asked if he could dismiss the case because there was no calibration report and he explained not at this point. If she requested the report and it could not be produced, he could. Shana Bridgeman, Assistant City Attorney, explained there is no statutory requirement and there was no such thing as a calibration report for a red light camera system. There is a way to determine if the camera is working correctly, but there is no calibration report, nor are the lights calibrated. Calibration has to do with speed and radar guns and nothing to do with the red light camera. There is maintenance. The notice does reflect a speed, but the picture is only used for the image, not the speed. Mr. Stokes reviewed the evidence packet and viewed the ATS system log and noted the Operational Test showed the Red Light Camera passed. Mr. Stokes explained Sergeant Hawkins would show Ms. Marion the evidence packet, which was part of the affidavit from ATS. ATS conducts an operational test each day and the evidence packet contains the results for the day before and after the violation. The evidence packet showed the light passed the operational test. Ms. Marion questioned if that meant ATS was operating the devices. Mr. Stokes explained ATS operates the cameras and is responsible for the cameras functionality and maintenance. When the images are captured, they are sent to the traffic section of the Police Department and an officer decides which image constitutes a violation. The officers review every single image. ATS does not review anything, the images are sent to a queue and officers determine if a violation occurred. The violation was issued in November. Ms. Marion did not request the matter be postponed, and she did not receive a speedy trial. Mr. Stokes explained a civil infraction does not fall under criminal procedure and timely trial rules. Mr. Stokes had to postpone one hearing and commented the cases are about four months old. Mr. Stokes incorporated the October 8, 2015 testimony from ATS into the record and encouraged her to get the record if she wished to appeal. Decision Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. 7 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida Charles Patrick Termini April 28, 2016 Notice No. 1851500146910 Officer Petriello mentioned on November 1, 2015, at 4:45 p.m., a vehicle registered to the violator was travelling northbound on South Federal Highway at SE 23rd Avenue. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on November 6, 2015. He submitted an evidence packet to Ms. Stokes. Mr. Stokes viewed the video and still images. Mr. Termini was not present. Decision Based on the evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Georgette Monique Fabri Notice No. 1851500152496 Officer Petriello explained on November 8, 2015, at 4:16 p.m., a vehicle registered to the violator was travelling southbound on South Federal Highway at SE 23rd Avenue in the number three lane. After a review of the electronic evidence and photographs, Officer Petriello issued the Notice of Violation on November 16, 2015. The ATS evidence pack was submitted to Mr. Stokes who viewed the video and still images. The violator was not present. It was ascertained Ms. Fabri paid the fine the day before. Takendra Alexand Rolle Notice No. 1851500157503 Officer Verrigini pointed out on November 13, 2015, at 8:55 p.m. a vehicle registered to the violator was travelling southbound on NW 8th Street at W. Boynton Beach Boulevard in the number one left -turn lane. After a review of the electronic evidence and photographs, Officer Verrigini issued a Notice of Violation on December 2, 2015. The ATS evidence pack was submitted to Mr. Stokes and he viewed the electronic evidence and still images. The violator was not present. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Ibrahim Halil Erzin Notice No. 1851500164558 Officer Petriello commented on November 23, 2015, at 6:42 p.m., a vehicle registered to the violator was travelling northbound on South Federal Highway at SE 23rd Avenue in the number three lane. After a review of the electronic evidence and photographs, Officer Petriello issued a Notice of Violation on December 10, 2015. Officer Petriello L Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida April 28, 2016 submitted the ATS evidence packet to Mr. Stokes and Mr. Stokes viewed the video and still photographs. The violator was not present. naricinn Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Marissa Eve Steinik Notice No. 1851500166371 Officer Petriello commented on November 24, 2015, at 8:57 a.m., a vehicle registered to the violator was travelling eastbound on W. Woolbright Road at SW 8t" Street in the number two lane. After a review of the electronic evidence and photographs Officer Petriello issued a Notice of Violation on December 11, 2015. He submitted an evidence pack 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 citation and assessed a fine of $243 payable within 30 days. Rosa A. Farrington Notice No. 1851500168856 Officer Petriello advised that on November 29, 2015, at 7:27 a.m., a vehicle registered to the violator was travelling northbound on South Federal Highway at SE 23 d Avenue. After a review of the electronic evidence and photographs, Officer Petriello issued a Notice of Violation on December 14, 2015. He submitted the evidence pack 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 citation and assessed a fine of $243 payable within 30 days. Carlos Alberto Prieto Notice No. 185150017195 Officer Petriello reviewed on December 2, 2015, at 3:43 p.m., a vehicle registered to the violator was travelling northbound on N. Congress Avenue at W. Boynton Beach Boulevard in the number three lane. After a review of the electronic evidence and photographs, Officer Petriello issued a Notice of Violation on December 14, 2015. He submitted the ATS evidence pack to Mr. Stokes. Mr. Stokes viewed the video and still images. The violator was not present. N Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida April 28, 2016 Decision Based on the evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Minute Man Electric Co. Notice No. 1851500172171 Officer Petriello conveyed on December 3, 2015, at 12:46 p.m., a vehicle registered to the violator was travelling westbound on W. Woolbright Road at S. Congress Avenue. After a review of the electronic evidence and photographs, Officer Petriello issued a Notice of Violation on December 14, 2015. He submitted the evidence pack to Mr. Stokes. No one from Minute Man Electric was present. Mr. Stokes viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. James A Tassi Notice No. 1851600012343 Officer Verrigini commented on December 31, 2015, at 10:10 a.m., a vehicle registered to the violator was travelling southbound on N. Congress Avenue at E. Gateway Boulevard in the number three lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on January 13, 2016. Officer Verrigini had an evidence pack he gave to Mr. Stokes. The violator was not present. Mr. Stokes reviewed the electronic evidence and still photographs. Decision Based on the evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Petar S. Nemsky Notice No. 1851600013127 Officer Petriello recalled on December 31, 2015, at 7:13 p.m., a vehicle registered to the violator was travelling southbound on NW 8t" Street at W. Boynton Beach Boulevard in the number two lane. After a review of the electronic evidence and photographs, Officer Petriello issued a Notice of Violation on January 14, 2016. He submitted an evidence packet to Mr. Stokes. Mr. Stokes viewed the video and still images. The violator was not present. 10 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida April 2, 2016 Decision Based on the evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. John Hunter Jones Notice No. 18581600013127 Officer Petriello commented on December 31, 2015, at 10:12 p.m., a vehicle registered to the violator was travelling southbound on South Federal Highway at SE 23rd Avenue in the number three lane. After a review of the electronic evidence and photographs, Officer Petriello issued a Notice of Violation on January 14, 2016. He 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 citation and assessed a fine of $243 payable within 30 days. Eddie Manuel Rodriguez Notice No. 1851600020692 Officer Verrigini explained on January 9, 2016, at 1:26 p.m., a vehicle registered to the violator was travelling eastbound on Woolbright at SW 8th Street in the number one lane. After a review of the electronic evidence and photographs, a Notice of Violation was issued on January 28, 2016. He submitted an evidence pack to Mr. Stokes. The violator was not present. Mr. Stokes viewed the video and still images. Decision Based on evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. 6. Other Business None. 7. City requests and reports None. 8. Local Hearing Officer requests and reports None. 11 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida 9. Adjournment April 28, 2016 There being no further business, Mr. Stokes adjourned the hearings at 11:08 a.m. &tJUU4-L' - Catherine Cherry Minutes Specialist 059696 `K