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Minutes 05-26-16MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA,THURSDAY,6, 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 9:03 a.m. Mr. Stokes explained he is a neutral third party, appointed to review the evidence regarding Red Light Camera cases. He explained he is not a judge and some individuals will want to challenge the constitutionality of the Red Light Camera program. Individuals wanting to do so would have to appeal their case in court. If appealing, the judge will ask if they exhausted their administrative remedies. Mr. Stokes advised the violator will make one's record at this hearing. The Red Light Camera tickets do not assess points on their driving record. If found guilty, an order is printed imposing a fine which must be paid within 30 days. If not paid during that time, a hold is put on their registration. Mr. Stokes explained the vehicle creates the violation. The first name on the registration is sent the citation. If the owner was not driving, they must send in an affidavit indicating who the driver was and the citation will be reissued to that person. There is an administrative hearing charge added if the case is heard. If one changes their plea prior to the hearing, it is not added. All have a right to a hearing to state their circumstances. The initial Notice of Violation fine is $158. If a hearing is requested, the fine is $50 more. The hearing charge, if found guilty, can be up to $250; however, the City charges $35. Mr. Stokes advised anyone wanting to change their plea should come to the front of the Chamber. 2. Amendments to the Agenda: None 3. Approval of Minutes for May 12, 2016 The minutes were deferred. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 26, 2016 4. Swear in of witnesses The Minutes Specialist administered an oath to all those intending to testify. Mr. Stokes explained all parties see the same evidence at the same time. Since the City bears the burden of proof, the Officers will present testimony first. 5. Violation Hearings: Failure to comply with a steady Red Signal. The following individuals changed their plea: Smyrne Balan-Louis Yvonne St. Louis Luc Hai Quach Christopher Michael Halligan Maria Morales Lucy Vera Barbara H. Shull Notice No. 1851600028430 Notice No. 1851600009356 Notice No. 1851500181537 Notice No. 1851500185314 Notice No. 1851600031780 Notice No. 1851600034206 Notice No. 1851600025352 Officer Verrigini, Traffic Infraction Enforcement Officer, reviewed on January 14, 2016, at 5:06 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at N. Congress Avenue in the number two lane. After a review of the electronic evidence and photographs, a notice of violation was sent on February 3, 2016. An evidence pack of still photographs and a CD with the images for all the cases was submitted to Mr. Stokes. Mr. Stokes and Ms. Shull viewed the video and still photographs. Barbara Shull explained she had never received any type of citation for a red light in 64 years. She was slowing and heard sirens behind her. There were cars on the other side of the intersection and she saw the light was yellow. She thought she would be better off to get out of the lane. As she turned, the light was red. She only turned to allow the emergency vehicles through. Mr. Stokes explained the video ran for several seconds after and he did not see any emergency vehicles. He understood one could hear the siren, but she ran the light. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and gave 30 days to pay. Christine Lynn Knapp Notice No. 1851600033331 Officer Verrigini conveyed on January 24, 2016, at 10:27 a.m., a vehicle registered to the violator was travelling northbound on Congress Avenue at E. Gateway Boulevard in K Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 26, 2016 the number two lane. After a review of the electronic evidence and photographs, a notice of violation was issued on February 11, 2016. Officer Verrigini submitted an evidence pack to Mr. Stokes. Mr. Stokes and Ms. Knapp viewed the video and still images. Christine Knapp added when they had the opportunity to view the video, she did not see the images she was seeing now as the images were not clear. Her son was driving, but when she looked at the video, she could not tell the light was red. She explained they need to see the video clearly and it was fuzzy. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and gave 30 days to pay. Frank Occhipinti Notice No. 1851500173443 Officer Petriello, Traffic Infraction Enforcement Officer, commented on December 4, 2015, at 6:50 p.m., a vehicle registered to the violator was travelling southbound on S. Federal Highway and SE 23rd Avenue in the number two lane. After a review of the electronic evidence and photographs, a notice of violation was sent on December 14, 2015. Officer Petriello submitted the ATS evidence pack to Mr. Stokes. Messrs. Stokes and Occhipinti looked at the video and still mages. Frank Occhipinti explained it had been raining that night and it was a short intersection. He was watching a person in the opposite direction in the tuning lane. At the last second he decided it was safer to continue through the intersection. He looked at the website and there were flash flood warnings. He wanted to err on the side of caution instead of slamming on his brakes. He claimed it was a safety issue. Mr. Stokes appreciated the concern and acknowledged it was raining, which affects traffic in both directions. He noted Mr. Occhipinti was travelling at 69 mph. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and gave 30 days to pay. He acknowledged road conditions do matter, but advised the driver should be more cautious when road conditions are bad. Arlene Judith Landon Notice No. 1851600066786 Officer Verrigini explained on February 25, 2016, at 5:59 p.m., a vehicle registered to the violator was travelling northbound on Congress Avenue at W. Boynton Beach Boulevard in the number four straight lane. After a review of the electronic evidence K Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 26, 2016 and photographs, a notice of violation was sent on March 14, 2016. Officer Verrigini submitted the evidence pack and still images to Mr. Stokes. Mark Landon, the Violator's husband, was present with Arlene Landon and explained he was the driver. He commented he was shocked when they received the notice. His wife is on oxygen 24 hours a day. The tank lasts two hours and she could not breathe. He did not remember going through the light and if so, it was for an emergency. Mrs. Landon had been in and out of the hospital and she does not drive any more. He left it to the Courts mercy to lower the fine as he cannot afford it. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation. Michael John Cummings Notice No. 1851600029149 Officer Petriello commented on January 19, 2016, at 12:11 p.m., a vehicle registered to the violator was travelling northbound on N. Congress Avenue at W. Gateway Boulevard in the number two lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on February 5, 2016. Officer Petriello submitted an evidence pack to Mr. Stokes. Mr. Stokes and Ms. Martinez viewed the video and still photographs. Carolina Guttierez was present to translate for Ms. Martinez, the driver. Ms. Guttierez explained Ms. Martinez had eye surgery and had one eye covered. She had proof of her surgery. Mr. Stokes believed she had the surgery, but thought she should not have driven if she could not see properly. Ms. Guttierez explained i was six days after the surgery when Ms. Martinez experienced double vision and she was trying to pull over and call her daughter. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation. Irvens Fleurancin Notice No. 1851500185595 Officer Verrigini mentioned on December 17, 2015, at 12:09 p.m., a vehicle registered to the violator was travelling westbound on Woolbright Road at S. Congress Avenue in the number one left -turn lane. After a review of the electronic evidence and photographs, Officer Verrigni issued a notice of violation on December 30, 2015. Officer Verrigini presented the evidence pack to Mr. Stokes. Messrs. Stokes and Fleurancin viewed the video and still photographs. m Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 26, 2016 Mr. Fleurancin explained he made a U-turn. Mr. Stokes explained U-turns at a red light are not allowed; only right turns on red are permitted and it was a common misconception about the U-turns. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation. Michael Leonard Corey Notice No. 1851500187039 Officer Verrigini explained on December 18, 2015, at 1:39 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, a notice of violation was issued on December 21, 2015. Officer Verrigini submitted the evidence pack to Mr. Stokes. Messrs. Stokes and Corey reviewed the video and still photographs. Michael Corey commented the video he watched was not clear. It was fractions of a second before the light turned red. Mr. Stokes noted it was two-tenths of a second, but there was a four -second yellow light. Decision Based on the video, Mr. Stokes upheld the citation and gave 30 days to pay. Susan Helene Major Notice No. 1851600031475 Officer Verrigini commented on January 22, 2016, at 11:33 a.m., a vehicle registered to the violator was travelling southbound on S. Federal Highway at SE 23rd Avenue in the number two straight lane. After a review of the electronic evidence and photographs, a notice of violation was sent on February 8, 2015. Officer Verrigini submitted the evidence pack to Mr. Stokes. Mr. Stokes and Ms. Major examined the video and still photographs. Ms. Major explained she looked at the video on her sister's computer and it looked like the light was yellow. She could not freeze the frame. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation payable within 30 days. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 26, 2016 Jean R. Labbe Notice No. 1851600005537 Officer Petriello conveyed on December 23, 2015, at 7:27 p.m., a vehicle registered to the violator was travelling southbound on NW 8th Street at W. Boynton Beach Boulevard in the number three lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on January 7, 2016. Officer Petriello submitted the evidence pack to Mr. Stokes and Messrs. Stokes and Labbe watched the video and still images. Decision Mr. Stokes dismissed the case as it was too close to call. Lucy Ann Berzolla-Crystall At the City's request, Mr. Stokes dismissed the case. Decision Mr. Stokes dismissed the case. Wildor Francois Notice No. 1851600004795 Notice No. 1851600000215 Officer Petriello commented on December 18, 2015, at 4:56 p.m., a vehicle registered to the violator was travelling northbound on S. Federal Highway at SE 23 Avenue. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on January 4, 2016. Officer Petriello submitted the evidence pack to Mr. Stokes and Messrs. Stokes and Francois viewed the video and still images. Mr. Francois explained he had a problem with his brakes and he could not stop the car. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and gave 30 days to pay. The fine was $243. Mr. Francois explained he had two tickets. Mr. Stokes explained the order allows 30 days to pay. If not paid, a hold is put on the vehicle registration. Mitchell S. Ackerman Notice No. 1851500128900 Officer Verrigini conveyed on November 10, 2015, at 2:16 p.m., a vehicle registered to David Jonathan Ackerman was travelling northbound on Congress Avenue at E. Gateway Boulevard in the number four straight lane. After a review of the electronic evidence and photographs, a notice of violation was issued October 15, 2015. On December 16, 2015, a transfer of liability was received and Officer Verrigni issued a new notice of violation naming Mitchell S, Ackerman as the driver on December 16, N Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 26, 2016 2015. Officer Verrigini presented the evidence pack to Mr. Stokes. Messrs. Stokes and Ackerman viewed the video and still images. Mr. Ackerman noted a news article that a judge ruled the tickets were unlawful. Mr. Stokes explained some Appellate Courts put a hold on the program, but the Circuit and County courts in the 15th Judicial District and 4th District Court of Appeals did not shut the program down. Mr. Ackerman noted an article regarding a decision made by Judge Mark Eissey. Mr. Stokes noted the article was from April 2015. The ticket was from October 2015. The City put their program on hold to review it. The program began again in August and the hearings resumed in October 2015. Mr. Stokes explained the program was lawful in the 15th Judicial Circuit and Mr. Ackerman could appeal. Mr. Ackerman asked if the officer who deemed the violation was present. Officer Verrigni advised he issued the ticket. Mr. Ackerman asked if he originally issued the ticket or when it was assigned to Officer Verrigini. Officer Petriello explained he originally issued the notice of violation to David Ackerman on October 15, 2015. The violation occurred October 10th, which was after the newspaper ruling and after the article showed the program was in compliance as of October 5th. Mr. Ackerman requested confirmation if Officer Petriello reviewed the violation in 2015. Mr. Ackerman thought the bumper was on the line when the infraction occurred. Decision Mr. Stokes dismissed the citation and commented the program has not been deemed illegal after it was put on hold, but the record showed he missed the stop bar by one- tenth of a second. Vilaire Massillon This case was rescheduled. Wiselene Beauplant Notice No. 1851600007970 Notice No. 1851500180711 Officer Petriello mentioned on December 12, 2015, at 5:36 p.m., a vehicle registered to the violator was travelling northbound on N. Congress Avenue at W. Gateway Boulevard in the number two lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on December 21, 2015. Officer Petriello submitted the evidence pack to Mr. Stokes. Mr. Stokes viewed the video and still images. Decision Based on the testimony and evidence, and the Violator not present, 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 May 26, 2016 Daniel L. Friedman Notice No. 1851500153270 Officer Petriello advised on November 9, 2015, at 6:24 p.m., a vehicle registered to the violator was travelling northbound on S. Federal Highway at SE 23`d Avenue in the number three lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on November 16, 2015. Officer Petriello submitted the evidence pack to Mr. Stokes. The violator was not present. Mr. Stokes viewed the video and still images. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $243. John James Elliott Notice No. 1851600003813 Officer Verrigini mentioned on December 22, 2015, at 12:40 p.m., a vehicle registered to the violator was travelling westbound on Woolbright Road at S. Congress Avenue in the number two lane. After a review of the electronic evidence and photographs, a notice of violation was issued on January 6, 2016. Officer Verrigini submitted an evidence pack to Mr. Stokes who viewed the video and still images. The violator was not present. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $243. Daniel Joseph Raulerson Notice No. 1851600014794 Officer Verrigini noted on January 3, 2016, at 12:42 p.m., a vehicle registered to the violator was travelling westbound on Gateway Boulevard at N. Congress Avenue in the number five straight lane. After a review of the electronic evidence and photographs, a notice of violation was issued January 15, 2016. The red light time was 1.9 seconds. Officer Verrigini submitted the evidence pack to Mr. Stokes, who watched the video and still images. The violator was not present. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $243. Juanique Chadinha Notice No. 1851600014976 Officer Petriello explained on January 10, 2016, at 12:36 p.m., a vehicle registered to the violator was travelling southbound on S. Federal Highway at SE 23rd Avenue in the :j Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 26, 2016 number three lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on January 1, 2016. Officer Petriello submitted the evidence pack to Mr. Stokes. Mr. Stokes watched the video and still photographs. The violator was not present. Decision Based on the evidence presented and the violator not present, Mr. Stokes upheld the violation and assessed a fine of $243. Zachary Michael Halpern Notice No. 1851600020288 Officer Verrigini commented on January 9, 2016, at 3:21 a.m., a vehicle registered to the violator was travelling southbound 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 sent on January 27, 2016. Officer Verrigini presented the evidence pack to Mr. Stokes. Mr. Stokes viewed the video and still images. The violator was not present. Decision Based on the evidence presented and the violator not present, Mr. Stokes upheld the violation and assessed a fine of $243. Zachary Michael Halpern Notice No. 1851600025543 Officer Verrigini conveyed on January 14, 2016, at 8:45 p.m., a vehicle registered to the violator was travelling northbound 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 issued on February 3, 2016. The red light time was 1.3 seconds. Officer Verrigini submitted the evidence pack to Mr. Stokes. Mr. Stokes reviewed the video and still photographs. Decision Based on the evidence and the violator not present, Mr. Stokes upheld the violation and assessed a fine of $243. Maria E. Bernal Notice No. 1851600024280 Officer Verrigini noted on January 16, 2016, at 3:45 p.m., a vehicle registered to the violator was travelling southbound on S. Federal Highway and SE 23rd Avenue in the number three straight lane. After a review of the electronic evidence and photographs a notice of violation was issued on February 2, 2016. Officer Verrigini submitted the 1 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 26, 2016 evidence pack to Mr. Stokes who viewed the video and still images. The violator was not present. Decision Based on the evidence and the violator not present, Mr. Stokes upheld the violation and assessed a fine of $243. Nationwide Mutual This case was rescheduled. Beverly Angela Grant Soloman Notice No. 1851600032507 Notice No. 1851600033380 Officer Verrigini mentioned on January 23, 2016, at 1:22 p.m., a vehicle registered to Nationwide Mutual Company was travelling eastbound on Boynton Beach Boulevard at Seacrest Boulevard in the number two lane. After a review of the electronic evidence, a notice of violation was issued on February 10, 2016. Officer Verrigini submitted the evidence pack to Mr. Stokes who viewed the video and still images. The violator was not present, nor was a representative from Nationwide Mutual Company. Decision Based on the evidence presented and the violator not present, Mr. Stokes upheld the violation and assessed a fine of $243. Arlene Judith Landon Notice No. 1851600066786 Officer Verrigini explained on January 14, 2016, at 11:19 a.m., a vehicle registered to the violator was travelling eastbound on Gateway at N. Congress Avenue in the number four lane. After a review of the electronic evidence and photographs, a notice of violation was issued on February 11, 2016. Officer Verrigini submitted the evidence pack to Mr. Stokes who examined the video and still photographs. The violator was not present. Decision Based on evidence presented and the violator not present, 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 10 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida May 26, 2016 9. Adjournment There being no further business to discuss, Mr. Stokes adjourned the hearings at 10:47 a.m. Catherine Cherry Minutes Specialist 060396 11