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Minutes 09-22-16MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA, ON THURSDAY, SEPTEMBER 22, 2016, AT 9 A.M. James Stokes, Special Magistrate Anthony Petriello, 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 9:04 a.m. Mr. Stokes introduced himself as the Special Magistrate who is a neutral third party, appointed to hear the cases. He does not work for the City of Boynton Beach, and he has no relationship with the City, other than being tasked to hear the cases. He does not see anything in advance. 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 and he views the videos at the same time 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. The program has not been repealed by the Legislature. There have been local and regional moratoriums. The Boynton program was on hiatus and was then resumed in October 2015. American Traffic Solutions appeared and testified for about 40 minutes under cross examination from several attorneys who were present. The transcript is available from the City and it covered who looks at the video and who makes the determination a violation occurs. Based on that testimony, Mr. Stokes ruled that American Traffic Solutions did not improperly issue the citations and that a Boynton Beach Police Officer was making that determination, which was what the court case relied on. Anyone wishing to make the challenge could put their argument on record and should obtain the transcript as the judge would review it. It was noted the program would end December 31, 2016. Mr. Stokes advised left turns on red are not legal. This is a civil violation, not a moving violation. There are no points assessed on the record. The driver's license will not be suspended or insurance rates go up. The first name on the registration receives the notice. Only way to deflect responsibility is to submit a Transfer of Liability Affidavit. If a driver cannot be identified, the violation falls to the vehicle and the registered owner is responsible to pay the fine. The Red Light Camera program is legal. Various courts and appellate courts have taken the issue up and as of today, the program is legal. As a Magistrate, he cannot rule on the constitutionality of the program, he can only rule if a violation occurred. If going to court, you have to have a hearing first. If a challenge is asserted, Mr. Stokes will allow the person to make their record. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida September 22, 2016 The fine, when receiving the initial notice is $158. If an affidavit is sent or 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 fine is $243. If the defense is I was not driving, the defense will not work and the larger fine will apply. He noted sometimes there are extenuating circumstances. Mr. Stokes requested anyone wanting to change their plea come to the front of the Chamber. He advised violators have 30 days to pay. The following individuals changed their plea: Byrline Sylvain Celestin Calcy Accius Kathryn H. Brown Karen Michelle Moody Elizabeth A. Antunes Funt 2. Amendments to the Agenda Notice No. 1851600091636 Notice No. 1851600081934 Notice No. 1851600042654 Notice No. 1851600067222 Notice No. 1851600081934 Marilyn Ann Sonnenschein, Notice No. 1851600123314 was added to the agenda as Item Q.17. 3. Approval of Minutes 4. Swear in witnesses The Clerk administered an oath to all those intending to testify. 5. Violation Hearings: Failure to comply with a Steady Red Signal Willie Jean Nicholson Notice No. 1851600101948 Officer Petriello, Traffic Infraction Enforcement Officer commented on March 30, 2016, at 6:01 a.m., a vehicle registered to the violator was travelling southbound on S. Congress Avenue and Woolbright Road. After a review of the electronic evidence, Officer Petriello issued a notice of violation on April 21, 2016. Officer Petriello submitted an ATS evidence pack with a CD, video and still images for all the cases which Mr. Stokes accepted. Mr. Stokes and Bernice Willis, the driver of the vehicle, viewed the video. Ms. Willis commented she did not care what the video showed, as she approached the intersection the light was just turning from green to yellow as she saw it. She emphasized she did not run a red light. She will pay, but she was not going to give her hard-earned money away and she preferred an officer issue a ticket than a traffic light. P� Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida September 22, 2016 Decision Based on the video and still images, Mr. Stokes found a violation occurred, and assessed a fine of $243. He advised if Ms. Willis wanted to appeal, she had 30 days to do so. Andrew Nichola Dery Notice No. 1851600150903 Officer Petriello reviewed on May 28, 2016, at 4:41 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, Officer Petriello issued a notice of violation on June 9, 2016. Officer Petriello submitted the evidence pack to Mr. Stokes. Messrs. Stokes and Dery viewed the video and still images. Mr. Dery explained he had to slow down due to the cars in front of him. Prior to that, they hit the line and he had to slow down a lot. He commented there is another car next to him and he is driving side by side with him. He commented if he got a ticket so should the other driver. He thought the camera lights were an invasion of his privacy and it is unfair motorist cannot be pulled over these days by a police officer. He did not think it was the right thing to do to people. Mr. Stokes explained when two or more individuals run a light, sometimes other people just pay the fine or the hearing is on a different day. As to invasion of privacy, Mr. Stokes explained it is a public street. Mr. Dery differed and thought the City did not need to go as far as having cameras on the road as everyone has their own personal space. He made it across the intersection, and made it across safely and others had plenty of time to go. Mr. Stokes explained based on the statute his authority is limited. It showed the driver went across the stop bar after the light turned red. Decision Based on the testimony and evidence, Mr. Stokes found a violation occurred and assessed a fine of $243 payable in 30 days. Mr. Stokes explained Mr. Dery could take this order and appeal it to the county court. Mr. Dery thought people should be given more chances, and this was the first time this ever happened. He got charged $243, had to sit in Chamber and thought it was ridiculous. Cynthia A. Passero Notice No. 1851600095843 Judith Passero, the driver of the vehicle, was present and explained Cynthia was her daughter. Officer Petriello mentioned on March 23, 2016, at 12:53 p.m., a vehicle registered to the violator was travelling westbound on W. Woolbright Road at S. Congress Avenue in the 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida September 22, 2016 number two lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on April 18, 2016. He submitted the evidence pack to Mr. Stokes. Mr. Stokes and Ms. Passero viewed the video and still images. Ms. Passero was shocked the first time she saw the video and commented she probably saw it was yellow. Decision Mr. Stokes advised evidence clearly shows she was behind the stop bar at the red light. Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable within 30 days. Patricia A. Perron Notice No. 1851600029982 Officer Petriello requested a continuance as there is a companion citation reset for October 27th and they could be heard together. Decision Mr. Stokes tabled this case to October 27, 2016. Jason David Hebei Notice No.1851600673022 Officer Petriello commented on March 2, 2016„ at 11:55 a.m., a vehicle registered to the violator was travelling northbound on S. Congress Avenue at W. Woolbright Road in the number four lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on March 23, 2016. He submitted the evidence pack to Mr. Stokes who then viewed the evidence and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable within 30 days. Christopher John Dyda Notice No. 1851600082510 Officer Petriello reviewed on March 10, 2016, at 2:25 p.m., a vehicle registered to the violator was travelling northbound on S. Congress Avenue and W. Woolbright Road in the number five lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on March 28, 2016. He submitted the evidence pack to Mr. Stokes who then viewed the video and still images. CI Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida September 22, 2016 Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable within 30 days. Judena Pierre Notice No. 1851600115443 Officer Petriello conveyed on April 13, 2016, at 5:44 p.m., a vehicle registered to the violator was travelling southbound on NW 8th Street and W. Boynton Beach Boulevard in the number two lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on May 4, 2016. Officer Petriello 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 within 30 days. Krisopher Mikel Dorsey Notice No. 1851600133644 Officer Petriello advised on May 6, 2016, at 10:58 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, Officer Petriello issued a notice of violation on May 27, 2016. He submitted the ATS evidence pack to Mr. Stokes who the viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable within 30 days. Cynthia Joann Street Notice No. 1851600133800 Officer Petriello reviewed on May 6, 2016, at 12:57 p.m., a vehicle registered to the violator was travelling northbound on S. Federal Highway at SE 23rd Avenue in the number three lane. After a review of the electronic evidence, Officer Petriello issued the notice of violation on May 27, 2016. He submitted the ATS evidence pack to Mr. Stokes who the 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. 6. Other business 5 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida September 22, 2016 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 10:10 a.m. �- - &-) �/U' I � 4, / � L � - (- � LILN Catherine Cherry Minutes Specialist 9