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Minutes 06-09-16MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA, ON THURSDAY, JUNE 9, 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 hearings to order and explained he serves as a neutral hearing officer or magistrate throughout the State. He is present to hear what violators have to say. As a Magistrate, his authority is limited to the Statute that authorizes the Red Light Camera Program. He cannot rule on the legality of the program. Those wishing to do so have to go to court and if appealing, the judge will ask if violators exhausted their administrative remedies. If Mr. Stokes finds a violation, the violator has to take the record to court. Mr. Stokes will provide violators an opportunity to make their record, and a judge will decide if the case is valid or not. There is no court ruling from the 4th District Court of Appeals declaring the program unconstitutional. The Boynton Beach program is operating legally. Mr. Stokes explained the violation is assessed against the vehicle because the vehicle was seen on camera going through a red light. Violators are present as the registered owner. If there are multiple names on the registration, the notice is sent to the first name on the registration. If the person was not driving, the notice says the owner can send in an affidavit identifying the driver. Often there are company and/or rental cars or owners may not know who was driving. Mr. Stokes explained his only choice is to determine if the car violated the law and the owner is responsible for the car. There are no points assessed on the violator's driving record; it does not affect insurance rates. The vehicle is fined and if not paid, the vehicle registration cannot be renewed. When receiving the first notice of violation, the fine is set at $158. When requesting a hearing, a $50 charge is added to the fine. If the hearing is held, and the violator is found guilty, a hearing charge up to $250 is added. When the City Commission authorized the program, they set $35 for the hearing charge, although Mr. Stokes has the authority to assess more. If the vehicle is found in violation, violators pay the $50 administrative charge and the $35 hearing charge as well. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 9, 2016 Mr. Stokes explained if anyone wanted to use that defense, they could save the hearing charge if they change their plea prior to the hearing. Mr. Stokes requested anyone wanting to change their plea come to the front of the Chamber. An order will be printed giving 30 days to pay or payment could be made today. Mr. Stokes explained the monitors run in real time, and all parties see the same images. The City presents their case first and the violator can present testimony or question the Officers. 2. Amendments to the Agenda The following individuals changed their plea: Diana J. Salgado Samantha Ann Felice Suzanne Hamilton Nurrito Eric Thomas Rietwyk Carl R. Dantes Alina Aida Aparicio 3. Approval of Minutes The minutes were deferred. 4. Swear in witnesses Notice No. 1851600006162 Notice No. 1851500164558 Notice No. 1851600015247 Notice No. 1851600052943 Notice No. 1851600034552 Notice No. 1851600006980 The Minutes Specialist administered an oath to all those intending to testify. 5. Violation Hearings: Failure to comply with a Steady Red Signal Ruth M. Duvall Notice No. 1851600004407 Anthony Verrigini, Traffic Infraction Enforcement Officer, explained on December 22, 2015, at 7:59 p.m., a vehicle registered to the violator, was travelling southbound on NW 8th Street at W. Boynton Beach Boulevard in the number two lane. After a review of the electronic evidence and photographs, a notice of violation was issued on January 7, 2016. An evidence pack with a CD containing all the images and videos for all the hearings being held today was submitted to Mr. Stokes. Wyatt Duvall was present in lieu of the violator as Ms. Duvall was at work. A transfer of liability affidavit had not been submitted. Mr. Stokes admitted the CD and evidence packet into evidence and Messrs. Stokes and Duvall watched the video and still images. E Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 9, 2016 Mr. Duvall commented the person charged says Ruth Duvall and the affidavit says she was not driving. She identified him as the co-owner, but not as the driver. Officer Verrigini explained a hearing request and a Transfer of Liability was submitted the same day, which was in the evidence pack. Mr. Duvall pointed out the officer had previously stated there was no transfer of liability affidavit. Mr. Stokes examined the paperwork and commented there was an affidavit she submitted that identified Mr. Duvall. Mr. Duval contested it did not identify him as the driver in this particular instance. Mr. Stokes read "at the time of the violation described in the notice, a vehicle was in the care, custody and control of another person. The person's name and address and date of birth are as follows:" After the affidavit is received, a notice of violation is sent to Mr. Duvall and if he says he was not driving he should send in the affidavit. Mr. Duvall explained his son drives the vehicle and his son's friends have access to it. He could not say who was driving in this instance. Mr. Duvall explained Ruth Duvall was his spouse. Mr. Stokes commented the notice of violation was on Ruth Duvall and asked if a notice was sent to Mr. Duvall. Mr. Stokes further noted if they cannot agree on the driver, the violation goes to the registered owner, captioned in Ms. Duvall's name. It was clear there was a violation. Decision Mr. Stokes upheld the violation and assessed a fine of $243, payable in 30 days. Mr. Stokes asked if Mr. Duvall would deliver the order to his wife or should they mail it. Mr. Stokes announced they would mail it and if not paid, a hold would be put on the registration. Annabelle Giovann Treacy Notice No. 1851600043561 Anthony Petriello, Traffic Infraction Enforcement Officer, reviewed on February 4, 2016, at 12:28 p.m., a vehicle registered to the violator was travelling westbound on W. Gateway Boulevard at N. Congress Avenue in the number two lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on February 7, 2016. He submitted an evidence pack and still images to Mr. Stokes. Mr. Stokes and Ms. Treacy watched the video and still images. Ms. Treacy explained she attended the hearing because she could not tell what color the light was. Even in the turning lane, one could not tell. if the light was yellow and she had the choice to go or stop, she would go because she was rear-ended too many times. Mr. Stokes and Ms. Treacy reviewed the video a second time. This intersection has a full five -second amber light, which was longer than most. 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 9, 2016 Decision Based on the video and still photographs, there was a violation. Ms. Treacy noted the oncoming traffic did not advance right away and if the light was red, oncoming traffic would move forward because it is a short light. Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Byron Demetri Miller Notice No. 1851600090307 Officer Petriello commented on March 17, 2016, at 6:05 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, a notice of violation was issued on April 7, 2016. Officer Petriello submitted an evidence packet to Mr. Stokes. Messrs. Stokes and Miller viewed the video and still images. Mr. Miller did not dispute the video. Mr. Stokes explained once the vehicle crosses the stop bar, if the light turns red then, the vehicle has control of the intersection. Mr. Miller asked if there was leniency with the fine. Mr. Stokes explained that was why people change their plea before the hearing. Decision Mr. Stokes found a violation and would print the order. Harold Williams Notice No. 1851600042563 Officer Petriello mentioned on February 3, 2016, at 2:09 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, Officer Petriello issued a notice of violation on February 22, 2016. He submitted a video and still images to Mr. Stokes which Messrs. Stokes and Williams viewed. Mr. Williams explained FPL was changing the power poles on Federal Highway, There was an FPL truck with a flagman waving people through the light. Mr. Stokes only saw a mail truck. Mr. Stokes explained sometimes peoples' views are obstructed, but he could not tell. His admonishment was if approaching an intersection with an obstructed view, it is more of a reason to slow down. Decision Based on the testimony and evidence, a violation occurred. Mr. Stokes upheld the violation and assessed a fine, giving 30 days to pay. Mr. Williams asked for an 9 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 9, 2016 extension as he is on social security. Mr. Stokes explained the Statute allows for 30 days. He could talk to the cashiers, but if not paid, the vehicle registration is withheld. Arthur Lewis Lee Notice No. 1851600006741 Officer Petriello conveyed on December 24, 2015, at 6:03 p.m., a vehicle registered to the violator was travelling southbound on NW 8th 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 8, 2016. He had an evidence pack to submit. The red light time was 1.3 seconds. Messrs. Stokes and Lee watched the video and still photographs. Mr. Lee commented that intersection is precarious. Traffic was heavy and it is difficult to see around the curve by the Checkers restaurant. During that time, it was stop and go traffic. He did not question the video, but did the legality of the program versus the notice in the mail, which was a legal notice he received. Mr. Lee commented there is a presumption that everyone has a computer. If this is going to occur, it should be clear on the photo which is black and he could not see anything on it. He questioned the video and the picture matching what he had. Mr. Miller thought a traffic study should be done. Decision Mr. Stokes explained, based on the video, there was a red light, however, Mr. Stokes did not like some of the data and he dismissed the case. Eric Joseph Leturneau Notice No. 1851600032283 Officer Verrigini related on January 23, 2016, at 10:32 a.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at Seacrest Boulevard in the number three lane. After a review of the electronic evidence and photographs, a notice of violation was issued on February 9, 2016. Officer Verrigini submitted an evidence pack to Mr. Stokes. Messrs. Stokes and Leturneau saw the video and still photographs. Mr. Leturneau explained there was a fire truck and police car coming up behind him with horns and sirens sounding. He was going to make a right turn to get out of the way but there was a lady with children, so he went through the light. When he looked back, they turned down a side street. Mr. Stokes did not see emergency vehicles in the video. Mr. Stokes explained one of the rules of the road regarding emergency vehicles requires drivers to pull over to the side of the road. He also noted there was a four second yellow light. Mr. Leturneau commented he did not stop because he did not 5 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 9, 2016 know if he would block the emergency vehicles from making a turn and just wanted to get out of the way. Mr. Stokes explained pulling over to the right is the best. Decision Mr. Stokes found a violation and assessed a fine of $243 payable within 30 days. Eric Joseph Leturneau Notice No. 1851600043793 Officer Petriello explained on February 4, 2016, at 1:38 p.m., a vehicle registered to the violator was travelling northbound on S. Federal Highway at SE 23rd Avenue in the number one lane. After a review of the electronic evidence and photographs, a notice of violation was sent on February 22, 2016. Officer Petriello had previously submitted the evidence pack. Messrs. Stokes and Leturneau reviewed the video and still photographs. Mr. Leturneau explained he just moved from Connecticut and was unfamiliar with the area. He also asserted the light changes faster during the day than at night. When he first moved, he adjusted to having more time. Mr. Stokes explained this was a four second yellow light which is above the State requirements. There can be complaints and Sergeant Hawkins has routinely conducted spot checks. r)Pnicinn Mr. Stokes explained he would uphold the violation, but would not charge a second hearing fee. The fine in this case was $158. The prior case was $243. Mr. Leturneau requested leniency, and Mr. Stokes explained he reduced it as low as he was permitted. Non-payment of the fine would result in a hold on his registration. Mr. Leturneau asked if he could appeal. Mr. Stokes explained he could appeal at the courthouse, but there is a filing fee. Mr. Leturneau thought there had to be cameras further up the street that may show there were emergency vehicles. Mr. Stokes commented he had 30 days to appeal. Brian Charles Atchley Notice No. 1851600037241 Officer Verrigini mentioned on January 28, 2016, at 6:25 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at Seacrest Boulevard in the number two lane. After a review of the electronic evidence and photographs, a notice of violation was sent on February 17, 2016. Officer Verrigini submitted the evidence pack to Mr. Stokes. Mr. Stokes examined the video and still images. The violator was not present. n Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 9, 2016 Decision Based on the testimony and evidence, and the violator not present, Mr. Stokes upheld the violation and assessed a fine of $258. The hearing fee was $50 instead of $35. Rene Bergery Notice No. 1851600052786 Officer Verrigini conveyed on February 12, 2016, at 9:21 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard and Seacrest Boulevard in the number two lane. After a review of the electronic evidence and photographs, Officer Verrigini issued a notice of violation March 2, 2016. He submitted an evidence pack to Mr. Stokes which Mr. Stokes viewed. The violator was not present. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days. Doreen Elizabeth Cahill Notice No. 1851600046200 Officer Petriello commented on February 6, 2016, at 7:55 p.m., a vehicle registered to the violator was travelling 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 February 26, 2016. He had an evidence pack he submitted to Mr. Stokes. Mr. Stokes viewed the video and still images. The violator was not present. np.ricinn Based on the evidence Mr. Stokes upheld the violation and assessed fine of $258 payable in 30 days. Allen Franklin Gray Notice No.1851600024520 Officer Verrigini indicated on January 13, 2016, at 6:25 p.m., a vehicle registered to the violator was travelling eastbound on Gateway Boulevard at N. Congress Avenue in the number three lane. After a review of the electronic evidence and photographs, Officer Verrigini issued a notice of violation on February 2, 2016. He submitted an evidence pack to Mr. Stokes. Mr. Stokes viewed the video and still images. The violator was not present. Mr. Stokes noted there were adverse weather conditions. ninnicinn Based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days. 7 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 9, 2016 Zena Annette Hand Notice No. 1851600006543 Officer Petriello mentioned on December 24, 2015, at 4:01 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, Officer Petriello issued a notice of violation on January 8, 2016. He submitted the evidence pack to Mr. Stokes with a video and still images, which Mr. Stokes viewed. The violator was not present. ninricinn Based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of $258 payable within 30 days. Dominique Brittney Herklotz Notice No. 1851600045137 Officer Verrigini conveyed on February 5, 2016, at 7:15 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, Officer Verrigini issued a notice of violation on February 26, 2016. The evidence pack was previously submitted. Mr. Stokes watched the video and still images. The red light time was 1.5 seconds. The violator was not present. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $253, payable in 30 days. Peter Gerard Jackson Notice No. 1851600015809 Officer Petriello reviewed on January 4, 2016, at 2:38 p.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, Officer Petriello issued a notice of violation on January 15, 2016. Officer Petriello had an evidence pack to submit and a video and images to play. Mr. Stokes viewed the video and still photographs. The violator was not present. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 9, 2016 Mackenson Lima Notice No. 1851600027838 Officer Petriello mentioned on January 17, 2016, at 5:08 p.m., a vehicle registered to the violator was travelling northbound on N. Congress Avenue at W. Gateway Boulevard in the number three lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on February 5, 2016. Officer Petriello submitted the evidence pack to Mr. Stokes and played the video and still images. The violator was not present. Decision After a review of the electronic evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days. Robinson Luc Notice No. 1851600006394 Officer Petriello commented on December 24, 2015, at 3:03 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, Officer Petriello issued a notice of violation on January 8, 2016. He submitted the evidence pack to Mr. Stokes and played the video and still images which Mr. Stokes reviewed. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable within 30 days. Daniela Marcotte Notice No. 1851500169995 Officer Petriello related on November 30, 2015, at 5:42 p.m., a vehicle registered to the violator, Mark Bakash, was travelling southbound on NW 8t" Street at W. Boynton Beach Boulevard in the number two lane. The notice of violation was issued on December 14, 2015. On February 3, 2016, Mark Bakash sent an affidavit naming Daniela Marcotte, who was not present as the driver. Officer Verrigni processed the affidavit and issued a notice of violation to Daniela Marcotte on February 4, 2016. He submitted the evidence pack to Mr. Stokes. He played the video and still images which Mr. Stokes reviewed. Mr. Stokes examined the paperwork and commented the affidavit was signed by the registered owner and it was properly notarized identifying Daniela Marcotte. The documents show a notice of violation went to Daniela Marcotte and the administrative hearing letter was sent to her address. The paperwork was in order. Proper notice was given and she did not show up. X Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 9, 2016 Decision Based on the evidence, Mr. Stokes upheld the violation against Daniela Marcotte for $258 payable within 30 days. Maria Del Ros Fitch Decision Notice No. 1851600018860 After a review of the paperwork, Mr. Stokes dismissed the case. Marc F. Matarzazzo Notice No. 1851600008648 Officer Petriello mentioned on December 24, 2015, at 1:37 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, Officer Petriello issued a notice of violation on January 8, 2016. He submitted the evidence pack to Mr. Stokes and played the video and still images which Mr. Stokes viewed. The violator was not present. Decision Based on the evidence, Mr. Stokes found a violation occurred. He upheld the violation and assessed a fine of $258 payable in 30 days. John Frank Pecaro Notice No. 1851600042977 Officer Petriello explained on February 3, 2016, at 9:17 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, Officer Petriello issued a notice of violation on February 22, 2016. He submitted the evidence pack to Mr. Stokes, who viewed the video and still images. The violator was not present. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days. Jairo Alfonso Quibano Notice No. 1851600000942 Officer Petriello conveyed on December 19, 2015, at 1:56 p.m., a vehicle registered to the violator was travelling westbound on. W Gateway Boulevard at N. Congress Avenue, in the number two lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on January 4, 2016. He 10 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 9, 2016 submitted an evidence pack to Mr. Stokes who viewed the video and still images. The violator was not present. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258, payable within 30 days. Steven William Siebert Notice No. 1851600029032 Officer Petriello indicated on January 19, 2016, at 9:49 a.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 February 5, 2016. He 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 $258 payable in 30 days. Judith Weiss Notice No. 1851600038744 Officer Verrigini related on January 30, 2016, at 12:35 p.m., a vehicle registered to the violator was travelling westbound on W. Boynton Beach Boulevard and NW 8th Street in the number two left turn lane. After a review of the electronic evidence and photographs, Officer Verrigni issued a notice of violation on February 18, 2016. He submitted the evidence pack to Mr. Stokes who viewed the video and still images. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days. Greer Ronald Wright Jr. Notice No. 1851500176586 Officer Petriello conveyed on December 8, 2015, at 4:49 p.m., a vehicle registered to Steven Edward O'Neil was travelling eastbound on W. Boynton Beach Boulevard at N. Seacrest Boulevard in the number one lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on December 17, 2015. On April 12, 2016, Steven Edward ONeil sent in an affidavit naming Greer Ronald Wright, Jr., as the driver. Officer Petriello processed the affidavit and sent a notice of 11 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 9, 2016 violation to Mr. Wright on April 13, 2016. He submitted a packet and still images which Mr. Stokes viewed. The violator was not present. Mr. Stokes reviewed the paperwork and found the transfer was valid and he had received notice. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation, and assessed a fine of $258 against Mr. Wright, payable in 30 days. 6. Other business 7. City requests and reports 8. Local hearing officer requests and reports 9. Adjournment There being no further business to discuss, Mr. Stokes adjourned the hearings at 10:51 a.m. J1 Catherine Cherry Minutes Specialist 061716 12