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Minutes 05-12-16MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA, ON MAY 12, 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 9:04 a.m. He introduced himself and explained he is a neutral third party appointed, per the Statute, to hear testimony on both sides, review evidence and determine if a violation occurred. His authority is within the scope of the Statute that authorized the Red Light Camera program. Mr. Stokes advised violators could challenge the constitutionality of the program by appealing to the court and he pointed out the Fourth District Court of Appeals has not yet made a decision. Currently, the program is legal. In order to appeal, the court requires the violator to exhaust their administrative remedies at the hearing first. Mr. Stokes advised he will allow the Violator to create their record. Mr. Stokes explained the Statute indicates it is the car that is accused of running a red light and the registered owner is responsible. The citation is sent to the first name on the registration. The only way to divert the responsibility is to send in a Transfer of Liability Affidavit as indicated in the notice. Mr. Stokes explained the original fine was $158. If challenging the case, an administrative fee of $50 is added, and if going through the hearing and found guilty, an additional fee is charged. Once the hearing starts, the hearing charge will attach. Mr. Stokes requested anyone who wanted to change their plea should come to the front of the Chambers and he noted 30 days is given to pay. Mr. Stokes fielded questions from attendees and in response to those questions, Mr. Stokes explained the original notice enclosed still photographs, a link to the video and a pin number to access the video. Mr. Stokes clarified under the Statute, the violation was a civil violation that does not assess any points or go on one's driving record. It will not impact insurance rates. Mr. Stokes explained all parties would view the images at the same time. 2. Amendments to the Agenda: None 3. Approval of Minutes The minutes were deferred to the next meeting. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 12, 2016 4. Swear in of witnesses The Minutes Specialist administered an oath to all those intending to testify. Katharine F. Crowley Notice No. 1851500160002 Officer Petriello, Traffic Infraction Enforcement Officer, advised on November 17, 2015, at 8:24 p.m., a vehicle registered to the Violator was travelling southbound on S. 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 7, 2015. A video for this case and for all cases being heard was submitted to Mr. Stokes. Mr. Stokes and Ms. Crowley reviewed the video and still photographs. Ms. Crowley commented she had not viewed the video and thought the timing of the light was off. She advised the light went from red to green and then changed cycles. It was noted the yellow light was four seconds long and it was a short green light. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable within 30 days. Rosemarie T. DiMarco Notice No. 1851600043504 Rosemarie DiMarco and her husband, Salvatore, were present. Officer Petriello commented on February 4, 2016, at 11:54 a.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 February 22, 2016. Officer Petriello submitted the video and still photographs to Mr. Stokes. Mr. Stokes and Mr. and Mrs. DiMarco examined the video and still photographs. Mr. DiMarco commented he was driving. He did not dispute the violation, but hoped Mr. Stokes would be sympathetic. His wife had to go to the doctor on an emergency basis and he had documentation he went twice to the doctor that morning. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and gave 30 days to pay. Wiguenson Dantes Jean 2 Notice No. 1851600007277 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 12, 2016 Officer Petriello explained on December 25, 2015, at 11:19 a.m., a vehicle registered to the Violator was travelling southbound on S. Federal Highway at SE 23 Avenue in the number three lane. After a review of the electronic evidence and photographs, Officer Petriello issued a Notice of Violation on January 8, 2016. He submitted the ATS evidence packet to Mr. Stokes. Messrs. Stokes and Jean viewed the video and pictures. Mr. Jean advised he sold the vehicle three or four months before. Mr. Stokes asked for paperwork from the Department of Motor Vehicles, but Mr. Jean advised he could not find it. He requested the case be continued. The City had no objection to continuing the case to the next meeting. Mr. Stokes recommended he bring the document to the Police Department when found. Another hearing notice will be sent to Mr. Jean. Shawna Emile Gottert Notice No. 1851500164723 Mike Gottert, the driver of the vehicle was present. Officer Petriello conveyed on November 24, 2015, at 7:59 a.m., a vehicle registered to the Violator was travelling eastbound on W. 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 December 10, 2015. He submitted the ATS evidence packet to Mr. Stokes. Messrs. Stokes and Gottert viewed the video and pictures. Mr. Gottert explained there was an emergency vehicle behind him. Mr. Stokes did not see any lights or movement of any vehicles moving to the side of the road.. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and gave 30 days to pay or appeal. Richard Caudill Eubank Notice No. 1851500174599 Officer Verrigini, Traffic Infraction Enforcement Officer, mentioned on December 6, 2015, at 1:50 p.m., a vehicle registered to the Violator was travelling southbound on S. Federal Highway at SE 23rd Avenue in the number three straight lane. After a review of the electronic evidence and photographs, Officer Verrigini issued a Notice of Violation on December 15, 2015. He submitted the ATS evidence packet to Mr. Stokes. Messrs. Stokes and Eubank viewed the video and still photographs. Mr. Eubank asked if Officer Verrigni was present at the location or watching the video live and learned he was not present and did not view the video live. Mr. Eubanks queried Officer Verrigni if he was certified for the calibration of the camera to the light sequence. Officer Verrigini explained he does not calibrate the camera. Mr. Stokes 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 12, 2016 advised there is a maintenance log attached to every case. Operational tests are performed at 2 a.m. every day to ensure the camera is working properly. Mr. Stokes advised it will be part of the record which he could request. Mr. Eubank advised he will appeal and requested to see the operational maintenance record which Officer Verrigini provided. Mr. Eubank questioned the validity and advised it had to have a signature. Mr. Stokes explained company representatives that maintain the system, American Traffic Solutions, testified on October 8, 2015, about the process and were questioned by Attorneys that were present, which Mr. Stokes took judicial notice as part of the record. As to this case, the vehicle was a full second late after a four -second yellow light and swerved to avoid cross traffic. There was a violation. Decision Mr. Stokes upheld the violation, assessed a fine and gave 30 days to pay or appeal the violation. Mr. Eubanks later reiterated the maintenance log he had previously viewed did not contain a signature. He asserted no one was signing the maintenance log. Mary Jane Souaid Notice No. 1851500187088 Officer Verrigini conveyed on December 18, 2015, at 1:57 p.m., a vehicle registered to the Violator was travelling southbound on NW 8th Street at W. Boynton Beach Boulevard in the number two left -turn lane. After a review of the electronic evidence and photographs, Officer Verrigini issued a notice of violation on December 31, 2016. He submitted the ATS evidence pack to Mr. Stokes. Mr. Stokes and Ms. Souaid viewed the video and still photographs. Ms. Souaid took full responsibility if she was driving. Her son was travelling with her and she was unsure if it was her or her son. She did not receive the affidavit with the notice. Mr. Stokes advised the violation does not go on anyone's driving record or impact insurance. Decision Mr. Stokes found a violation occurred and assessed a fine of $208. Sergeant Hawkins advised he would present the following cases for Officer Petriello. Sergeant Hawkins reviewed the infractions and the evidence packets for the cases were submitted. 0 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 12, 2016 Toula Nectaria Angelakos Notice No. 1851600008341 Sergeant Hawkins explained this case involved a Transfer of Liability from Ean Holdings to Ms. Angelakos. On December 27, 2015, at 4:28 a.m., a vehicle registered to the Violator was travelling on E. Boynton Beach Boulevard at Seacrest Boulevard in lane number two. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on January 15, 2016. The red light time was .4 seconds. Decision Mr. Stokes put on record the case pertained to a notice sent to Ms. Angelakos that was part of the Based on the testimony and evidence, Mr. Stokes fine of $243 payable in 30 days. Willie Bing Transfer of Liability and there was a file, however, she was not present. upheld the violation and assessed a Notice No. 1851500166355 Sergeant Hawkins explained on November 26, 2015, at 3:47a.m., a vehicle registered to the Violator was travelling eastbound on Woolbright Road at Congress Avenue in the number four lane. After a review of the electronic evidence and photographs, a Notice of Violation was sent on December 11, 2015. The red light time was 75.1 seconds. Mr. Bing was not present. The evidence packet had already been submitted to Mr. Stokes. Decision Based on the video and evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Dianne Carey Notice No. 1851500170480 Sergeant Hawkins mentioned on December 1, 2015, at 9:56 a.m., a vehicle registered to the Violator was travelling westbound on Woolbright Road at Congress Avenue in the number four lane. After a review of the electronic evidence and photographs, a notice of violation was issued on December 14, 2015. The red light time was .1 second. Ms. Carey was not present. Mr. Stokes viewed the electronic evidence and still photographs. Ms. Carey was not present. The speed was 58 mph and it appeared she sped up to make the light. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 in 30 days. The packet was admitted into evidence. Robert Phillip Doria 5 Notice No. 1851500165324 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 12, 2016 Sergeant Hawkins advised on November 24, 2015 at 5:45 p.m., a vehicle registered to the Violator was travelling eastbound on Woolbright Road at Congress Avenue in the number three lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on December 11, 2015. The red light time was .3 seconds. Mr. Stokes viewed the electronic evidence and photographs. Mr. Doria was not present. Sergeant Hawkins noted there was no stop bar at the location and requested the case be dismissed as new asphalt was laid. Decision Mr. Stokes dismissed the citation. Amanda Jean Haines Notice No. 1851500173567 Sergeant Hawkins related on December 5, 2015, at 7:17 a.m., a vehicle registered to the Violator was travelling northbound on S. Federal Highway at SE 23 Avenue in the number two lane. After a review of the electronic evidence and photographs, a notice of violation issued on December 14, 2015. The red light time was 1.2 seconds. Mr. Stokes viewed the video and still photographs. Ms. Haines was not present. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days Uterson Innocent Notice No. 1851600001668 Sergeant Hawkins conveyed on December 20, 2015 at 12:06 a.m., a vehicle registered to the Violator was travelling southbound on Congress Avenue at Woolbright Road in the number four lane. After a review of the electronic evidence and photographs, a notice of violation was issued on January 4, 2016. The red light time was 61.1 seconds. Mr. Stokes viewed the video and still photographs. Decision Based on the evidence and Mr. Innocent not being present, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Curtis Quintin Lloyd Notice No. 1851500164483 Sergeant Hawkins explained on November 23, 2015, at 5:36 p.m., a vehicle registered to the Violator was travelling eastbound on W. Boynton Beach Boulevard at Congress Avenue in the number four lane. After a review of the electronic evidence, a Notice of Violation was issued on December 10, 2015. The red light time was .5 seconds. Mr. Lloyd was not present. Mr. Stokes viewed the video and still photographs. 1.1 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 12, 2016 Decision Based on the evidence, Mr. Stokes found a violation occurred and assessed a fine of $243 payable in 30 days. Michelle McGarry Notice No. 1851500176354 Sergeant Hawkins reviewed on December 8, 2015, at 2 p.m., a vehicle registered to the Violator was travelling southbound on NW 8t" Street at W. Boynton Beach Boulevard in the number one lane. After a review of the electronic evidence and photographs, a notice of violation was issued on December 17, 2015. The red light time was .2 seconds Mr. Stokes viewed the video and still photographs. Ms. McGarry was not present. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days Brandon Jeremy Snyder Notice No. 1851600046499 Sergeant Hawkins mentioned on February 7, 2016 at 12:57 p.m. a vehicle registered to the Violator was travelling northbound on S. Federal Highway at SE 23rd Avenue in the number two lane. After a review of the electronic evidence and photographs, a notice of violation was issued on February 26, 2016. The red light time was 1.5 seconds. Mr. Stokes viewed the video and still photographs. Mr. Snyder was not present. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Irvens Fleurancin Notice No. 1851500166850 Officer Verrigini commented on November 26, 2015, at 8:44 p.m., a vehicle registered to the Violator was travelling northbound on Woolbright Road at Congress Avenue in the number one left turn lane. After a review of the electronic evidence and photographs, a notice of violation was sent on December 11, 2015. Officer Verrigini submitted the ATS evidence pack to Mr. Stokes and noted the Violator was not present. Mr. Stokes viewed the video and pictures. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable within 30 days. 7 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 12, 2016 Paul V. Ghgliotti Notice No. 14851500174508 Officer Verrigini commented on December 6, 2015, at 11:58 a.m., a vehicle registered to the Violator was travelling southbound on S. Federal Highway and SE 23rd Avenue in the number two straight lane. After a review of the electronic evidence and photographs, a notice of violation was sent December 15, 2015. Officer Verrigini submitted the ATS evidence packet to Mr. Stokes. Mr. Ghgliotti was not present. Mr. Stokes viewed the video and still photographs. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable within 30 days. Kareem Shabazz Johnson Notice No. 1851500166520 Officer Verrigini reviewed on November 26, 2015, at 1:07 p.m., a vehicle registered to the Violator was travelling eastbound on Boynton Beach Boulevard and Seacrest Avenue in the number one lane. After a review of the electronic evidence and photographs, a notice of violation was issued on December 11, 2015. Officer Verrigini submitted the ATS evidence packet to Mr. Stokes. Mr. Stokes viewed the video and still photographs. The Violator was not present. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable within 30 days. Lori Ann Moncelli Notice No.1851600023829 Officer Verrigini explained on January 13, 2016, at 8:30 a.m., a vehicle registered to the Violator was travelling eastbound on Boynton Beach Boulevard at N. Congress Avenue in the number two turn lane. After a review of the electronic evidence and photographs, a notice of violation was issued on February 1, 2016. The ATS evidence packet was submitted to Mr. Stokes who viewed the video and still photographs. The Violator was not present. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $243, payable in 30 days. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 12, 2016 Anne Marie Stevels Pender Notice No. 1851600005917 Officer Verrigini conveyed on December 24, 2015, at 10:36 a.m., a vehicle registered to the Violator was travelling eastbound on Boynton Beach Boulevard at Congress Avenue in the number three straight lane. After a review of the electronic evidence and photographs, a notice of violation was sent on January 7, 2016. The Violator was not present. Officer Verrigini submitted the evidence packet to Mr. Stokes who viewed the video and still photographs. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation 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. 9. Adjournment Mr. Stokes adjourned the meeting at 10:51 a.m. Catherine Cherry Minutes Specialist 052016 '