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Minutes 08-11-16 MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA, ON THURSDAY, AUGUST 11, 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 at 9:01 a.m. and explained he serves as a neutral Hearing Officer/Magistrate throughout the State pursuant to State Statute and is present to hear the requests of violators for a hearing. The videos will be shown at the same time. Since he is not a judge, he could not render a decision on the Constitutionality or legality of the Red Light Camera program in Florida. At this point the program is legal. Violators will make their case and can take their record to court to appeal. Mr. Stokes explained the way the Statute is written, the initial fine is $158. If a hearing is requested there is an additional $50 charge. Once the hearing starts, if found guilty there is a hearing fee which can be up to $250; however, the City Commission set it at $35. He offered if anyone wanted to change their plea they could do so. Mr. Stokes explained it is not legal to make a U-turn on a red arrow. Some owners have teenagers or company cars have no idea who is driving and the vehicle is charged for the offense. If the owner cannot identify the driver, it goes back to the registered owner. The violations are civil violations against the vehicle. It is not a moving violation so there are no impacts on insurance or driving records. Licenses will not be suspended. Mr. Stokes invited those with questions to speak to Sgt. Davis and if anyone wanted to change their plea, they should come to the front of the Chamber. The following individuals changed their plea: Arthur Steven Berg Notice No. 1851600036862 Christopher Michael Reilly Notice No. 1851600084870 Richard Scott Wolff Notice No. 1851600116854 The Minutes Specialist administered an oath to all those intending to testify. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida August 11, 2016 Monica Thacker Notice No. 1851600083344 Veva Thacker was present. Officer Verrigini explained on March 11, 2016, at 11:40 a.m., a vehicle registered to the violator was travelling southbound on Woolbright Road at S. Congress Avenue in the number two lane. After a review of the electronic evidence, Officer Verrigini issued a notice of violation on March 28, 2015. He had a CD with all the still images and videos for all the cases being held today which he gave to Mr. Stokes. Mr. Stokes and Ms. Thacker viewed the video and still images. Ms. Thacker explained she was returning from a doctor appointment. She had come from an ultrasound and was told she had to have a biopsy. She was very scared and was confused as too much was occurring. She had a letter from her physician. Mr. Stokes appreciated the testimony and hoped the medical issues would be resolved. He commented the concern is safety. If individuals are so distracted they are running red lights, they should not drive at all. Ms. Thacker agreed, but explained it was the first time this occurred. She requested leniency. Decision Mr. Stokes found a violation occurred and gave 30 days to pay. Elias Rizk Notice No. 1851600023274 Officer Petriello commented on January 12, 2016, at 1:55 p.m., a vehicle registered to the violator was travelling westbound on W. Woolbright Road at S. Congress Avenue in the number one lane. After a review of the electronic evidence, Officer Petriello issued notice of violation on February 1, 2016. He submitted an evidence pack and showed a video and still images. Messrs. Stokes and Rizk viewed the video and still images. Mr. Rizk explained his defense was against the equipment and the legality of the red light. He commented there are four other cars passing the red light and wanted to know if they were cited. Mr. Stokes opined the Officers would not bypass the opportunity to cite those others. Often individuals receiving a citation pay the fine right away, and if they do ask for a hearing, it may not be on the same day as Mr. Rizk. He asked if there were records they were cited and Mr. Stokes explained Mr. RIzk could go to the Police Department, and they should have the record. Mr. Stokes could not imagine why they would not be cited. It should be public record. Mr. Stokes explained Mr. Rizk would have to make his case here to take to court and he asked if he wanted to put anything on the record. Mr. Rizk responded they cannot submit evidence if there is no proof the equipment was working properly at the time the incident happened. 2 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida August 11, 2016 Decision Based on the video, Mr. Stokes found a violation and assessed a fine payable in 30 days. Mr. Stokes explained he has 30 days to pay the fine or appeal to the court. Julie Marie Donatelli Notice No. 1851600070044 Officer Verrigini mentioned on February 28, 2016, at 3:29 p.m., a vehicle registered to rd the violator was travelling southbound on S. Federal Highway at SE 23 Avenue in the number two straight lane. After a review of the electronic evidence, a notice of violation was issued on March 18, 2016. He submitted the evidence pack to Mr. Stokes. Mr. Stokes and Ms. Donatelli viewed the video and still images. Ms. Donatelli advised she was going into labor and her father was trying to decide to call an ambulance. There was no traffic so they went through the intersection. She commented it turned out to be false labor. She also advised her car was just stolen and she only had paperwork from the Police. Her husband was driving. Decision Mr. Stokes dismissed the case. Krystal Dawn Duvall Notice No. 1851600039973 Officer Petriello explained on January 31, 2016, at 5:07 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 Officer Petriello issued a notice of violation on February 19, 2016. He submitted the video and still images to the court. Mr. Stokes and Ms. Duvall viewed the video and still images. Ms. Duvall indicated the vehicle is registered to her. She shares the car with others and she is responsible for them. She wanted the matter to go “to trial” as she could not fairly say it was her daughter or nephew that was driving. She advised she would not run a red light. Mr. Stokes understood it was common with teenage drivers. Decision Mr. Stokes waived the hearing fee. The fine is $208 and he suggested getting $104 from each of the drivers as rental fees. He pointed out there are no points assessed on the driving record. The car did go through the light so he had to assess a fee. 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida August 11, 2016 David Daryl Crandell Notice No. 1851600075795 Officer Verrigini conveyed on March 4, 2016, at 1:42 p.m., a vehicle registered to the violator was travelling on W. Woolbright Road at S. Congress Avenue in the number one left-turn lane. After a review of the electronic evidence, Officer Verrigini issued a Notice of Violation on March 24, 2016. He submitted the evidence pack with ATS information to Mr. Stokes. Messrs. Stokes and Crandell viewed the video and still images. Mr. Crandell mentioned as he was approaching he was focused on the yellow truck which obscured his view of the light. As he came up behind the truck, it slowed more than he anticipated and he could not see the light because of the truck. Mr. Stokes understood it is common and difficult behind high profile vehicles. He pointed out that was one of the reasons they have three lights because if the one over the lane is blocked, there are other lights off to the side that could assist when there is obstructed vision. Mr. Crandell explained he has gone through the intersection for 11 years and never had any kind of issues. There were bad accidents there and personal friends were involved in accidents. The last thing he wanted to do is cause an accident. Decision Mr. Stokes found a violation occurred and gave 30 days to pay the fine. Sean E. Morgan Notice No. 1851600089689 Officer Petriello reviewed on March 16, 2016, at 10:27 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at N. Seacrest Boulevard in the number three lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on April 7, 2016. He submitted the ATS evidence pack to Mr. Stokes. Messrs. Stokes and Morgan viewed the video and still photographs. Mr. Morgan prefaced his comments he is not a lawyer and he thought this would be a court. He asked if Officer Petriello was the Officer who reviewed and issued the citation. He does not love the red light system and thought it was backdoor taxation. He looked on the Boynton Beach website to find any evidence of someone with the last name starting with “P” and he did not find a single officer. He looked at the ATS Arizona website at the glass door review and it said ATS was reviewing incidents in-house and the citation came from Arizona. He wanted to ensure the City of Boynton Beach was issuing and writing the citations themselves, not having it done in Arizona and reviewing it in Boynton Beach. He did see a signature and asked if it was Officer Petriello’s signature. Officer Petriello explained it was. Officer Petriello explained he reviewed the image, not the camera company and he approved the issuance. ATS only prints and processes the payments. Mr. Morgan asked if Officer Petriello was on the website of Boynton Beach Police Department where he can offer positive reviews of people. Officer Petriello responded he would think so, but he has not been to the website. Mr. 4 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida August 11, 2016 Morgan explained he attended the hearing because he could not find any evidence of anyone with the last name beyond P, and now he sees he is present. He asked if he was on the website. Officer Petriello did not know. He asked Officer Petriello first name and learned it was Anthony and saw the initial A on his citation. Mr. Stokes explained the City of Boynton Beach put their whole program in suspended status while they retooled it. When the program started back up on October 8, 2015, officials from ATS came and testified. The representative gave quite lengthy testimony and there were attorneys present that cross-examined him about how it was done. It was for everyone’s edification how it is being operated because there were appellate court rulings that Police Departments cannot delegate that power to a private company. ATS testified at that hearing, they get the videos, they send them to the Police Department, Police personnel review them and they send back which ones they want cited. ATS does the ministerial work such as paperwork and mailing, but it is an Officer who reviews it and makes the determination who gets cited. Mr. Stokes was satisfied, but if Mr. Morgan was not, he could make his record now and appeal the finding to the court. They could make the ultimate ruling. Mr. Stokes wanted Mr. Morgan to be aware the testimony had taken place and there is a transcript of the hearing from ATS he could obtain from the Police Department or City Attorney’s office. Mr. Morgan thought it was an expensive ticket and the Police are reasonable, but he noted the program provides for direct contributions. He thought it was a system of backdoor taxation. The political elite get donations from the company and its a revenue source for them. It was entrepreneurial and it did not feel like a great system. Officers are out there to protect us and they are almost like taxation officers. He did not object to the department, it was the system. Decision Mr. Stokes appreciated the sentiments, but based on the video and still photographs, Mr. Stokes upheld the violation. Mr. Morgan asked if he could waive the hearing fee because if he found the name with an A and a P, he would not have attended. He assumed the ticket was issued from Arizona. He requested he waive the fee due to a misunderstanding. Mr. Stokes explained he could have called the Police Department or asked the Sergeant before the hearing. Mr. Morgan never appealed a ticket issued by an officer. Mr. Stokes upheld the violation and advised he was not in a position to waive the fee. The fine was $243 payable in 30 days. Davenerson Jean Baptiste Notice No. 1851600071984 Officer Verrigini conveyed on March 1, 2016, at 11:37 a.m., a vehicle registered to the rd violator was travelling southbound on S. Federal Highway at SE 23 Avenue in the number two lane. After a review of the electronic evidence, Officer Verrigini issued a 5 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida August 11, 2016 notice of violation on March 22, 2016. He submitted the ATS evidence pack to Mr. Stokes . Messrs. Stokes and Jean Baptiste viewed the video and still images. Mr. Jean Baptiste explained it is his car. At that time his father passed away and he was in Haiti for three weeks for the funeral. His 17-year old nephew drove the car. He did not know where the street was because he always takes I-95 through Boynton and he had three tickets. His son told him his nephew was driving. Mr. Stokes asked why he did not file an affidavit naming his nephew. Mr. Stokes explained the first notice says if the owner was not driving to send in the name of the driver and the notice would be sent to that person. Mr. Baptiste explained he is not working and he appeared because it is his vehicle and it is under his name. He was laid off on his job of 10 years and he has only one part time job. He hoped something could be done. Mr. Stokes explained the car was a full second behind the red light. Decision Mr. Stokes upheld the violation and gave 30 days to pay. If the owner does not identify the driver, it goes to the registered owner. Davenerson Jean Baptiste Notice No. 1851600071984 Officer Petriello advised on March 3, 2016, at 11:39 a.m., a vehicle registered to the rd violator was travelling southbound on S. Federal Highway at SE 23 Avenue in the number two lane After a review of the electronic evidence and photographs, Officer Petriello issued notice of violation on March 24, 2016. He submitted the evidence pack to Mr. Stokes. Messrs. Stokes and Baptiste reviewed the video and still images. Mr. Baptiste explained it was the same thing, all three citations occurred in March on the strd 1, 3 and 16th, and at the same time at 11:37 and 11:39 a.m.. Decision Mr. Stokes dismissed the second case. Mr. Stokes recommended speaking with Sergeant Hawkins about the third violation to see if an affidavit could be submitted. Mr. th Baptiste advised he came to the hearing on July 28 and when he came, it was cancelled. He brought the letter. Sheri Lynn Hazeltine Notice No. 1851600080274 Officer Verrigini relayed on March 8, 2016, at 2:36 p.m., a vehicle registered to the rd violator was travelling northbound on S. Federal Highway at SE 23 Avenue in the number three straight lane. After a review of the electronic evidence, Officer Verrigini issued a notice of violation on March 25, 2016. He had the standard ATS evidence pack to submit. Mr. Stokes and Ms. Hazeltine viewed the video and still images. 6 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida August 11, 2016 Sheri Hazeltine explained she has a son who is disabled and the vehicle was a disabled van. She was taking him to the Emergency Room. She advised she was horrified and there was not much time to stop safely. When she viewed the video online, it did not show the data as it does now. She commented it did not feel safe to stop. Mr. Stokes explained the light was yellow for four seconds which was more than required. Ms. Hazeltine explained she is very careful due to her son. It was an emergency and she was on her way to Bethesda. She offered to bring in her son who has cerebral palsy. She is his caregiver, he is in a wheelchair and can bring in paperwork. She requested Mr. Stokes make an exception. Decision Based on the evidence, Mr. Stokes upheld the violation and gave 30 days to pay. The order will be mailed. The individuals for the following cases were not present: Terrance Lavon Bythwood, Notice No. 1851600091487 Officer Petriello commented on March 18, 2016, at 4:40 p.m., a vehicle registered to the th violator was travelling southbound on NW 8Street at W. Boynton Beach Boulevard in the number one lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on April 8, 2016. He submitted the evidence pack to Mr. Stokes who then viewed the video and still images. Decision Based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days. Evan Michael Cicedro Notice No. 1851600083997 Officer Verrigini explained on March 11, 2016, at 7:07 p.m., a vehicle registered to the th violator was travelling southbound on NW 8 Street at Boynton Beach Boulevard in the number one turn lane. After a review of the electronic evidence, Officer Verrigni issued a notice of violation on March 29, 2016. The ATS evidence pack was submitted to Mr. Stokes who then viewed the video and still images. Decision Based on the evidence, 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 August 11, 2016 Maurice Frederick Notice No. 1851600037142 Officer Verrigini commented on January 28, 2016, at 4:57 p.m., a vehicle registered to th the violator was travelling southbound on NW 8 Street at W. Boynton Beach Boulevard in the number two lane. After a review of the electronic evidence, Officer Verrigini issued a notice of violation on February 17, 2016. He submitted the evidence pack to Mr. Stokes who then viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days Valorie Jean Malloy Notice No. 1851600061928 Officer Verrigini conveyed on February 21, 2016, at 1:18 p.m., a vehicle registered to the violator was travelling eastbound on Woolbright Road at S. Congress Avenue in the number one left-turn lane. After a review of the electronic evidence, Officer Verrigini issued a notice of violation on March 9, 2016. He submitted the evidence pack to Mr. Stokes who them viewed the still images and video. Officer Verrigni commented the light was red for 64 seconds. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days Alexis Brook Maloney Notice No.1851600062249 Officer Verrigini reviewed on February 21, 2016, at 3:36 p.m., a vehicle registered to the th violator was travelling southbound on NW 8 Street at W. Boynton Beach Boulevard in the number three lane. After a review of the electronic evidence, Officer Verrigini issued a notice of violation on March 10, 2016. The standard evidence pack was submitted to Mr. Stokes who then viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days. Joyce Ann Neal Notice No. 1851600092121 Officer Petriello advised on March 19, 2016, at 12:42 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at Seacrest Avenue in the number one lane. After a review of the electronic evidence, Officer Petriello issued a 8 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida August 11, 2016 notice of violation on April 11, 2016. The red light time was 1.1 seconds. The ATS evidence pack was submitted to Mr. Stokes who then viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days. John J. Pryzmocki Notice No. 1851600094028 Officer Petriello commented on March 21, 2016, at 3:24 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at N. Seacrest Boulevard in the number one lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on April 11, 2016. The red light time was 4.4 seconds. The ATS evidence pack was submitted to Mr. Stokes who then viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days. William E. Sadler Notice No. 1851600081496 Officer Petriello mentioned on March 9, 2016, at 3:51 p.m., a vehicle registered to the rd violator was travelling northbound S. Federal Highway at SE 23 Avenue in the number three lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on March 28, 2016. He submitted the ATS evidence pack to Mr. Stokes who then viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days. Franck Denis Toussaint Notice No. 1851600035799 Officer Verrigini explained on January 26, 2016, at 9:59 p.m., a vehicle registered to the rd violator was travelling northbound on S. Federal Highway and SE 23 Avenue in the number two lane. After a review of the electronic evidence, Officer Verrigini issued a notice of violation on February 16, 2016. The ATS evidence pack was submitted to Mr. Stokes who then viewed the video and still images. The red light time was 1.2 seconds. 9 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida August 11, 2016 Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 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, Mr. Stokes adjourned the hearings at 10: 27 a.m. Catherine Cherry Minutes Specialist 10