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Minutes 06-23-16James Stokes, Special Magistrate Shana Bridgeman, Assistant City Attorney Anthony Petrielio, Traffic Infraction Enforcement Officer Officer Anthony Verrigni, Traffic Infraction Enforcement Officer 1. Call to Order James Stokes, Special Magistrate, called the meeting to order at 9:01 a.m. Mr. Stokes introduced himself as the Special Magistrate who is a neutral third party, appointed to hear Red Light Camera cases. He does not work for the City of Boynton Beach, and has no relationship with the City, other than being tasked to hear the cases. The City presents its case and presents evidence. What Mr. Stokes reviews is the same as what the violator receives. The evidence is given to him at the hearings. He views the videos at the same time as the case is heard. He is not a judge, and his authority is limited by State Statute. Mr. Stokes advised the cameras are legal in Florida, and there have been a lot of rulings, but the program has not been repealed by the Legislature. If a violator was present and part of their defense was to challenge the legality of the program or its constitutionality, the violator has the right to put the information on record, but Mr. Stokes cannot rule on it. It must be argued in court, and if doing so, the court will want to ensure the violator exhausted their administrative hearing rights. The judge will then make a ruling. The violator can make their record and cross examine the officers. The way the Statute is written, the violation is a civil violation against the vehicle and the owner is the first name on the registration. The only way to deflect responsibility is to identify the actual driver by name and send in an affidavit. The City then reissues the notice of violation to the actual driver. If no affidavit is sent, his only option is to send the notice to the owner of the vehicle. Fines assessed will also be the owner's responsibility. The fine when receiving the initial notice is $158. If an affidavit is sent or someone was appealing the violation, there is an extra $50 charge. If the case is heard and a guilty verdict established, the City Commission recommends there be an additional $35 fee. Anyone who puts on a case, if found guilty, the total fine is $248. He noted sometimes there are extenuating circumstances. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 23, 2016 Mr. Stokes requested anyone wanting to change their plea come to the front of the Chamber. 2. Amendments to the Agenda The following individuals changed their plea: Joshua Philip Kaufman Notice No. 1851600013309 Philip Joseph LaPorta Notice No. 1851600049253 Pamela Maraziti Notice No. 1851600015551 Vilaire Massillon Notice No. 1851600064716 Kimberly Dee McEwen Notice No. 1851600063965 3. Approval of Minutes for April 28, and May 12, 2016 Mr. Stokes approved the minutes. 4. Swear in Witnesses The Minutes Specialist administered an oath to all those intending to testify. Violation Hearings: Failure to comply with a Steady Red Signal Guy Rony Wensley Etienne Notice No. 1851600066968 Anthony Verrigini, Traffic Infraction Enforcement Officer, reviewed on February 25, 2016, at 9:21 p.m., a vehicle registered to the violator was travelling southbound at NW 8t" Street at Boynton Beach Boulevard in the number two lane. After a review of the electronic evidence and photographs, a notice of violation was issued March 15, 2016. An evidence pack, CD and images for this case and all the cases was submitted to Mr. Stokes. Mr. Stokes admitted the evidence pack into the record. Messrs. Stokes and Etienne viewed the video and still images. Mr. Etienne commented the amber time on the video showed it is minimal compared to all the other Boynton Beach red lights. Mr. Stokes noted the video shows the light was amber for four seconds and Sgt. Hawkins checks the lights regularly. Mr. Etienne commented all the other lights are five seconds long. Mr. Stokes noted the vehicle in front of him went through the amber light and the car on the inside lane had time to stop. The light did not appear to be functioning quicker than normal. Four seconds is longer than most. Mr. Etienne explained when he goes to all the other stop lights, they are five seconds and he is conditioned to have five seconds and it is not fair one is four. When he goes to Old Boynton and Congress Avenue, it is five seconds Mr. Stokes acknowledged it varies from 3.5 to 5 seconds depending on the traffic engineer. A yellow light is not meant to pass through the intersection. Drivers are supposed to start stopping. 2 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 23, 2016 Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. He explained the violator has 30 days to pay or pay the cashier when they exit the Chamber. Mr. Stokes explained the County traffic engineer determines the length of the light. He acknowledged the variation, but it was irrelevant in this instance. Betty Henricy Notice No. 1851600054766 Officer Verrigini commented on February 14, 2016, at 6:42 p.m., a vehicle registered to the violator was travelling southbound on S. Congress Avenue at W. Woolbright Road in the number four straight lane. After a review of the electronic evidence and photographs, Officer Verrigini issued a notice of violation on March 3, 2016. He noted the red light time was 2.0 seconds. On March 7, 2016, Ean Holdings, LLC, sent an affidavit naming Betty Henricy as the renter and driver. He processed the paperwork and sent a notice of violation to her on March 9, 2016. He submitted an evidence pack to Mr. Stokes. Mr. Stokes and Ms. Henricy viewed the video and still images. Betty Henricy explained she cannot rent a car with Enterprise and someone was using her name. She cannot rent any car whatsoever. Mr. Stokes questioned why Enterprise would have her name, address, and driver's license number. She explained her purse was stolen at a gas station in Delray, and she made a report. She did not have it with her, but it was made at the Delray Beach Police Station. Mr. Stokes did not doubt her testimony, but commented it brings issues into play that cannot be resolved. If someone stole her purse, a police report would have been called for. Mr. Stokes could either rule on the case, based on the car doing what it did in the video, or he can continue the case and she can come back with the police report showing it was stolen. Ms. Henricy commented she would also bring proof she cannot rent from Enterprise. Mr. Stokes reset the hearing date to July 14tH Denise Elizabeth Lazo Notice No. 1851600065937 Officer Petriello mentioned on February 25, 2016, at 11:23 a.m., a vehicle registered to the violator was travelling northbound on N. Congress Avenue at W. Boynton Beach Boulevard in the number five lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on March 14, 2016. He submitted an evidence pack and video to Mr. Stokes. Mr. Stokes and Ms. Lazo watched the video and still photographs K Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 23, 2016 Ms. Lazo explained she did not understand what constitutes being on the white line and indicated it looked like the light turned red as she was under the intersection. Mr. Stokes explained they use the white stop bar on the ground. She asked if the vehicle had to be all the way under the light. Mr. Stokes explained they focus on the stop bar. The still image showed the light was red and the vehicle was on the outside of the white line. Mr. Stokes commented there are lights over each lane. The light was red and drivers are responsible to know if the light is red or green. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Jason J. Briggs Notice No. 1851600059351 Officer Verrigini conveyed on February 19, 2016, at 7:25 a.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 March 8, 2016. He submitted an evidence pack and still images to Mr. Stokes. Messrs. Stokes and Briggs viewed the video and still photographs. Mr. Briggs commented the picture he got looked different. He also thought the cars started braking as he was entering the intersection. If they had not, he would have made the light. Mr. Stokes again viewed the evidence. Decision Mr. Stokes dismissed the case. Rhonda Lee Notice No. 1851600015551 Anthony Petriello, Traffic Infraction Enforcement Officer, commented on January 4, 2016, at 12:57 p.m., a vehicle registered to the violator was travelling southbound on N. Congress Avenue at W. Gateway Boulevard in the number one lane. 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 1.2 seconds. Officer Petriello submitted the evidence pack to Mr. Stokes. Mr. Stokes and Ms. Lee reviewed the video and still images. Ms. Lee commented at the time, it did not seem like she was running the light. They were looking for a new place and her mother was starting to have a bad asthma attack. They had moved and she had proof. Mr. Stokes commented if she drove through the light and got hit by another vehicle, it would have been worse for her mother. 12 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 23, 2016 Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Charles Edward Goodman Notice No. 1851600041300 Officer Petriello reviewed on February 2, 2016, at 10:28 a.m., a vehicle registered to the violator was travelling northbound on S. Federal Highway as 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 19, 2016. The red light time was 1.4 seconds. Officer Petriello submitted the evidence pack and still images to Mr. Stokes. Messrs. Stokes and Goodman viewed the video and still photographs. Mr. Goodman explained the light changed too quickly. It was on the news the light was flashing too quickly and they worked on the light two months ago and a month ago, they were working on it again. He commented a bike can ride through the light and it will still flash. Mr. Stokes noted it is reported to be 4.0 seconds. Mr. Stokes reviewed the video a second time. He was travelling 33 mph and he had time and room to stop. Mr. Stokes noted Sgt Hawkins checks the timing periodically. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Mr. Goodman commented he had recent surgery and cannot work. He asked for more time. Mr. Stokes explained no points will be added to his driver's record. If he did not pay within 30 days, a hold on the registration is placed. No warrants are issued. Nicole Ann Teixeira-Reingold Notice No. 1851600014661 Officer Petriello conveyed on January 2, 2016, at 9:11 p.m., a vehicle registered to the violator was travelling southbound on NW 8th at W. Woolbright Road 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. He submitted the evidence pack and still images to Mr. Stokes. Mr. Stokes and Ms. Teixeira-Reingold viewed the video and still photographs. Ms. Teixeira-Reingold explained she was following the car in front of her. The driver of the vehicle went through the intersection and she did not want to get lost. 5 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 23, 2016 Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Holly A. Torhan Notice No. 1851600058197 Officer Verrigini noted on February 17, 2016, at 9:59 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 Verrigini issued notice of violation on March 7, 2016. Officer Verrigni submitted an evidence pack to Mr. Stokes. The red light time was 1.2 seconds. Mr. Stokes and Ms. Torhan watched the video and still photographs. Ms. Torhan did not deny she ran through the light. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Gerald Terry Fasolo Notice No. 1851600017318 Officer Petriello commented on January 6, 2016, at 6:49 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, Officer Petriello issued a notice of violation on January 18, 2016. He submitted the evidence pack with a video and still images to Mr. Stokes. Messrs. Stokes and Fasolo viewed the video and still photographs. Mr. Fasolo explained he had an issue with his brakes. The day before he had an accident on his way to work. He was able to get an appointment to get the brakes fixed on January 6, 2016. When he applied the brakes, they did not work. He also noted the ground was saturated and if he used the emergency brake, he would have been in a wreck. It was an unfortunate mishap, he had proof of the accident and he advised the court dismissed the accident case because there was virtually no damage to the other vehicle. Mr. Stokes noted the brake lights were not on and thought the vehicle should not be on the road. It should have been towed to a shop. Mr. Stokes reviewed the repair bill. He believed there was an accident and the brakes were fixed later that day, but there did not appear to be any attempt to stop before or after the light, and it was an unsafe vehicle. He reviewed the video again and did not see brakes lights coming on or up the road for a quarter mile. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida Decision r Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Mr. Fasolo commented he was unhappy. Mr. Stokes advised the order will be mailed. Mr. Stokes noted several violators entered the hearings after he explained how the Red Light Camera program worked. The Minutes Specialist administered an oath to all those intending to testify. Mr. Stokes explained his role in the hearings and advised the violators have the option to change their plea which will save them money. He requested those wishing to do so come to the front of the Chamber. Rosita Perrino Notice No. 1851600005651 Officer Petriello conveyed on February 16, 2016, at 4:20 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 March 7, 2016. He submitted an evidence pack to Mr. Stokes. Mr. Stokes and Ms. Perrino viewed the video and still photographs. Ms. Perrino commented she just moved and she could not recall what occurred. She may have heard sirens behind her and she was lost. She noted there were complaints about the lights at this intersection. Mr. Stokes noted the amber light was five seconds. She started to stop, but then continued through the intersection. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $243 payable within 30 days. Sheryl Joanne Franklin Notice No. 1851600048370 Officer Petriello related on February 9, 2016, at 11:30 a.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 March 29, 2016. He submitted an evidence pack to Mr. Stokes. Mr. Stokes and Ms. Franklin viewed the video and still photographs. Ms. Franklin commented her son goes to South Tech Academy and he hurt his finger. She had a report showing she had to pick him up. He was bleeding and they could not stop the bleeding. Mr. Stokes explained if involved in an accident, it would have delayed her even more. It is important to drive safely even in emergency situations. FA Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 23, 2016 Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $208 payable within 30 days. Minoshka Gatinae Edouard Notice No.1851600010990 Officer Petriello related on December 30, 2015, at 8:51 a.m., a vehicle registered to the violator was travelling northbound at S. Federal Highway and 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 11, 2016. He submitted an evidence pack to Mr. Stokes. Mr. Stokes and Ms. Edouard viewed the video and still images. Decision Based on the testimony and evidence, Mr. Stokes dismissed the case. Minoshka Gatinae Edouard Notice No. 1851600023647 Officer Petriello mentioned on January 12, 2016, at 8:14 p.m., a vehicle registered to the violator was travelling northbound on S. Federal Highway and SE 23rd Avenue in the number one lane. After a review of the electronic evidence and photographs Officer Petriello issued a notice of violation February 1, 2016. He submitted the evidence pack to Mr. Stokes with a video and still image. Mr. Stokes and Ms. Edouard viewed the electronic evidence. Ms. Edouard explained she was not the driver. When Ms. Edouard called, she was given two different addresses to send in a payment. When she advised she was not the driver, she was told she had to attend the hearing. She was not aware of the affidavit because she never disputed the citation. She hoped to continue the case to have the driver present. Mr. Stokes explained there are no points on her record. Ms. Edouard advised she works for the County Clerk's office and she did not want to be found guilty of something and be penalized for it at work. When she leaves today, she will have to turn over documentation of this hearing to the County Clerk's Office. Decision There was agreement to continue the case to July 14th at 9 a.m. Keena Alice R. Green Notice No. 851600060607 Arnold Green, the driver of the vehicle was present. Officer Verrigini commented on February 20, 2016, at 8:08 a.m., a vehicle registered to the violator was travelling southbound on S. Federal Highway at SE 23rd Avenue in the IQ Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 23, 2016 number two lane. After a review of the electronic evidence and photographs, Officer Verrigini issued a notice of violation on March 9, 2016. He submitted an evidence pack to Mr. Stokes. Messrs. Stokes and Green viewed the electronic evidence. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $208 payable within 30 days. Shandria Necoyia Boon Notice No. 1851600056282 Officer Petriello conveyed on February 16, 2016, at 9:58 a.m., a vehicle registered to the violator was travelling southbound on S. Congress Avenue at W. Woolbright Road in the number three lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on March 7, 2016. The red light time was 1.2 seconds. He submitted an evidence pack to Mr. Stokes, which he accepted. Mr. Stokes and Ms. Boone viewed the video and still images. Ms. Boon advised she was not in town. The vehicle was at a friend's home because she had to take her children to school. The vehicle was not supposed to be driven. When she got the ticket, everyone played stupid. She advised there was no reason for the car to be used. Ms. Boon identified the driver. When asked why Ms. Boon did not fill out the transfer of liability affidavit she responded what she received was a form to fill out to have a hearing so she could advise of the situation. Decision Mr. Stokes tabled the case until July 14, 2016, and if she sends in the affidavit they will send a new notice to finish the case. He clarified either a new case will start or hers will finish. There was no one present for the following cases and an evidence pack was submitted to Mr. Stokes for each case: Natalia Marie Ambrossi Notice No. 1851600048156 Officer Petriello reviewed the vehicle was registered to Natalia Marie Ambrossi. He submitted and played the electronic evidence which Mr. Stokes viewed. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $258 payable within 30 days. lr Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 23, 2016 James Edward Barth Notice No. 18581600056746 Officer Petriello reviewed a vehicle registered to the violator was travelling on S. Federal Highway and SE 23�d Avenue in the number three lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation. Mr. Stokes reviewed the electronic evidence. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $258 payable within 30 days. Anthony Elijah Cox Notice No. 1851600013028 Officer Verrigini commented a vehicle registered to the violator was travelling at NW Stn Street and Boynton Beach Boulevard. After a review of the electronic evidence, Officer Verrigni issued a notice of violation. Mr. Stokes viewed the electronic evidence. Decision Based on the evidence, Mr. Stokes upheld the citation and assessed a fine of $258 payable within 30 days. Mary Elizabeth Dorval Notice No. 1851600053933 Officer Verrigini explained 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, Officer Verrigni issued a notice of Violation. Mr. Stokes viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the citation and assessed a fine of $258 payable within 30 days. Alexandre Duvaux Notice No. 1851600056845 Officer Petriello mentioned a vehicle registered to the violator was travelling on Boynton Beach Boulevard and N. Congress Avenue. After a review of the electronic evidence, Officer Petriello issued a notice of violation. Mr. Stokes viewed the video and still images. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 23, 2016 Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258, payable within 30 days. Dodd Trumbull Foster Notice No. 1851500157651 Officer Petriello conveyed the vehicle is registered to Karen Foster who submitted a Transfer of Liability Affidavit on January 28, 2016, to her husband Dodd Trumbell Foster. Officer Petriello reviewed the violation occurred on Federal Highway at SE 23 d Avenue. After a review of the electronic evidence, Officer Petriello issued a notice of violation. Officer Petriello presented the evidence packet to Mr. Stokes who viewed the video and still images. Mr. Stokes noted the Transfer of Liability was acknowledged because Mr. Foster requested the hearing; however, he was not present. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable within 30 days. Paulucienne Jean -Simon Notice No. 1851600057066 Officer Petriello reported a vehicle registered to the violator was travelling on NW 8th Street at Boynton Beach Boulevard in the number two lane Mr. Stokes viewed the video and still image. Decision Based on the testimony and evidence, Mr. Stokes upheld the citation and assessed a fine of $258 payable within 30 days. Paulucienne Jean -Simon Notice No. 1851600060656 Officer Verrigini conveyed a vehicle registered to the violator was travelling southbound on S. Federal Highway and SE 23`d Avenue in the number three straight lane. After a review of the electronic evidence, Officer Verrigni issued a notice of violation. Mr. Stokes 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 within 30 days. 11 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida Kristina Lee Morris ilnTit�����Z [i Notice No. 1851600062898 Officer Verrigini related a vehicle registered to the violator was travelling northbound on Congress Avenue at W. Woolbright Road in the number three straight lane. After a review of the electronic evidence, Officer Verrigni issued a notice of violation. Mr. Stokes 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 within 30 days. James Lenard Parrish Notice No. 1851600056860 Officer Petriello explained a vehicle registered to the violator was travelling on NW 8t" at Boynton Beach Boulevard in the number one lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation. Mr. Stokes viewed the video and still photographs. Decision Based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of $258 payable within 30 days. Richard C. Schofield Jr. Notice No. 1851600037019 Officer Verrigni commented a vehicle registered to the violator was travelling northbound on S. Federal Highway at SE 23rd Avenue in the number three straight lane. After a review of the electronic evidence, Officer Verrigni issued a notice of violation. Mr.. Stokes viewed the video and still photographs. Decision Based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of $258 payable within 30 days. Jeff Walter Staley Notice No. 1851600059692 Officer Verrigni reviewed a vehicle registered to the violator was travelling westbound on Gateway Boulevard at N. Congress Avenue in the number two left -turn lane. After a review of the electronic evidence, Officer Verrigni issued a notice of violation. Mr. Stokes viewed the video and still photographs. 12 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida June 23, 2016 Decision Based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of $258 payable within 30 days. Derek Louis Sumi IZCT1InI'll IN-WVIA [:4IIIIIk1..-I-P Officer Petriello related the vehicle belonged to Ean Holdings who submitted a Transfer of Liability Affidavit on February 19, 2016, to Derick Sumi as the driver and renter. The violation occurred at the intersection of S. Federal Highway and SE 23rd Avenue in the number two lane. Mr. Stokes viewed the video and still photographs. Decision Based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of $258 payable within 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 meeting at 10:56 p.m. Catherine Cherry Minutes Specialist 191