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Minutes 10-13-16MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS AT CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA, ON THURSDAY, OCTOBER 13, 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 Chair Stokes called the hearings to order at 9:07 a.m. Mr. Stokes explained he serves as a special magistrate throughout the State. He has not seen any evidence and he would review the case for the first time today. Officers will make their case, display the video, he would review a copy of the documents the violator received in the mail and he would make his decision. He is not a judge and as a magistrate, he has limited authority. He determines whether the car went over the limit line before or after the light turned red, based on the evidence. The initial notice imposed a fine as $158. Requesting an administrative hearing added a $50 administrative fee. After the hearing, if a violation is upheld, the fee can be up to $250, but the City Commission recommended, based on the cost of the hearing, it be set at $35. If the violator is found not guilty, there is no fine at all. If the applicant decides not to go through with the hearing, the hearing charge does not apply. Mr. Stokes wanted to review common misconceptions, such as making a U-turn on a red light, so violators can make a decision whether to move forward. Violators have a right under the law to have their day in court. Mr. Stokes explained this is an administrative charge against the vehicle. It is not a moving violation and no points would be assessed against the record, their driver's license would not be suspended, insurance rates will not increase. The registered owner is responsible for the vehicle. If the owner was not driving, they had to identify by name who was driving the vehicle and the citation would be redirected.. Often owners do not know which child was driving or it is a company car. The way the law is written, if the driver is not identified with an affidavit, he upholds the violation and the registered owner is responsible. If not paid within the 30 days, a hold is put on the vehicle registration. Since he is a magistrate, he cannot rule on the legality of the program, but the program is currently legal. If violators plan to challenge the program, he cannot rule on it, and the court requires the applicant to go through this process first. He will let the applicant make their record challenging the program, and after he rules, if he upholds the violation, they will take it to court as part of their record and file an appeal. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 13, 2016 He requested anyone wanting to change their plea to come to the front of the Chamber and an order would be issued. Mr. Stokes explained the accuser is the Officer. One challenge that went through was whether or not law enforcement delegated its authority. Boynton Beach never did. Many cities just had the vendors send what they thought were violations. American Traffic Solutions sends all the images to Boynton Beach. The Officers review the images and cite them as necessary. The City had temporarily closed the program down, but came back on line in October. ATS testified to the entire process, with attorneys cross examining them and it is incorporated by reference in the hearings. Mr. Stokes recommended getting a copy of the transcript. An unidentified man explained he was not able to watch the video. Another unidentified man also contested his ticket however, Mr. Stokes explained the process to him. 2. Amendments to the Agenda 3. Approval of Minutes The minutes were not available. 4. Swear in Witnesses The Clerk administered an oath to all those intending to testify. The following individuals changed their plea: Robbin Meshell Coleman Michael A. Lafroscia Aola Jayne Walden Rochelle Francin St. John Notice No. 1851600128214 Notice No. 1851600124668 Notice No. 1851600130046 Notice No. 1851600052190 5. Violation Hearings: Failure to comply with a steady red signal Susan Shaffer Kotkin Notice No. 1851600066463 Anthony Verrigini, Traffic Infraction Enforcement Officer, explained on February 25, 2016, at 2:46 p.m., a vehicle registered to the violator was travelling southbound on South Federal Highway at SE 23rd Avenue in the number two straight lane After a review of the electronic evidence and photographs, Officer Verrigini issued a notice of violation on March 14, 2016. He had a CD to include with the evidence pack containing pictures and videos for all the cases being heard today. He submitted the evidence pack to Mr. Stokes. Mr. Stokes and Ms. Kotkin viewed the video and still photographs. 2 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida Decision Mr. Stokes dismissed the case. Astrid Petrea Kessler October 13, 2016 Notice No. 1851600073147 Anthony Petriello, Traffic Infraction Enforcement Officer, commented on March 2, 2016, at 12:58 p.m., a vehicle registered to the violator was travelling westbound on W. Woolbright Road at S. Congress Avenue in the number one, left -turn lane. After a review of the electronic evidence and photographs, a notice of violation was issued on April 1, 2016. He submitted the ATS evidence pack to Mr. Stokes. Mr. Stokes and Ms. Kessler viewed the video and still photographs. Ms. Kessler commented she was apprehensive about being hit from behind. The car behind her also ran the light as well and she was afraid to stop. Mr. Stokes saw she was clearly behind the limit line when the light turned red. Decision Based on the evidence, Mr. Stokes upheld the violation and gave 30 days to pay. Enrique A. Broggi Notice No. 1851600124924 Officer Petriello conveyed on April 24, 2016, at 5:48 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, Officer Petriello issued a notice of violation on May 23, 2016. He submitted the evidence pack to Mr. Stokes. Messrs. Stokes and Broggi viewed the video and still photographs. Mr. Broggi commented he did not drive the car. His son goes to FAU and he did not know who was driving. Decision Mr. Stokes upheld the violation and advised he should give it (the order) to his son and tell him he owed him money. He had 30 days to pay the fine or appeal. Michael James Clark Notice No. 1851600161413 Officer Shepaum, Boynton Beach Police Officer, reviewed on June 10, 2016, at 8:57 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, a notice of violation was issued on June 22, 2016. The Officer submitted an evidence pack to the court. 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 13, 2016 Messrs. Stokes and Clark viewed the video and still images. Mr. Clark objected to the violation being heard before a City Commission and explained he is entitled to a hearing before a court of law. He would move to dismiss the violation on the basis it was assessed to him, against State law which mandates a law officer mail the ticket for a moving violation. The violation was assessed to him on the basis of his registration and not on the actions of him as the driver of his vehicle. Decision Mr. Stokes denied his motion to dismiss. Based on the video presented and the testimony of the Police Officer, Mr. Stokes upheld the violation and assessed a fine of $243. An order will be printed and he will have either 30 days to pay it or take it to court and advance his arguments there. Terrance Joseph Ippolito Notice No. 1851600053859 Officer Verrigini indicated on February 1, 2016, at 5:20 p.m., a vehicle registered to the violator was travelling eastbound on E. Gateway Boulevard at N. Congress Avenue. After a review of the electronic evidence, a notice of violation was issued on March 3, 2016. He submitted the ATS evidence pack to Mr. Stokes. Messrs. Stokes and Ippolito viewed the video and still images. Mr. Ippolito explained he was going too fast to stop in time. He may have noticed the light was turning yellow at the last minute and did not want to stop short and skid. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and gave 30 days to pay or appeal. The fine was $243. Cedric Irvin Wade Notice No. 1851600110147 Officer Verrigini mentioned on April 7, 2016, at 4:41 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, Officer Verrigini issued a notice of violation on April 28, 2016. He submitted the ATS evidence pack to Mr. Stokes. Messrs. Stokes and Wade viewed the video and still images. Mr. Wade explained he did not see the vehicle moving. He only received still pictures and not the video. When he pulled it up on the computer, he did not get the video otherwise he would have paid the fine. He did not see the link 9 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 13, 2016 Decision Based on the video, Mr. Stokes upheld the violation and gave 30 days to pay. Taylre Patrick O'Byrne Notice No. 1851600126671 Officer Verrigini explained on April 26, 2016, at 9:37 p.m., a vehicle registered to the violator was travelling westbound on NW 8t" Street at W. Boynton Beach Boulevard. After a review of the electronic evidence, Officer Verrigini issued a notice of violation May 24, 2016. He submitted the ATS evidence pack to Mr. Stokes. Mr. Stokes and Ms. O'Byrne viewed the video and still photographs Mr. Stokes advised the picture was too dark to see. Decision Mr. Stokes dismissed the case. Rosenique Louis Senatus Notice No. 1851600051523 Officer Verrigini reported on February 11, 2016, at 9:20 p.m., a vehicle registered to the violator was travelling eastbound on W. Woolbright Road at S. Congress Avenue in the number three straight lane. After a review of the electronic evidence, Officer Verrigini issued a notice of violation on March 1, 2016. He submitted the ATS evidence pack to Mr. Stokes. Mr. Stokes and Ms. Senatus viewed the video and still photographs. Ms. Senatus explained she is not the only one who drives the car. Decision Based on the video, Mr. Stokes upheld the violation and gave 30 days to pay. Emmit Manning Notice No. 1851600076769 Officer Petriello conveyed on March 5, 2016, at 1:16 p.m., a vehicle registered to the violator was travelling westbound at 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 March 25, 2016. He submitted the ATS evidence pack to Mr. Stokes. Messrs. Stokes and Manning viewed the video and still photographs. Mr. Manning was aware someone else was driving. The still images were not as accurate as the video as the still showed the car behind the line. Mr. Stokes reviewed the video a second time. There was a full five -second yellow light and .6 red light time which was long. 5 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 13, 2016 Decision Mr. Stokes upheld the violation and gave 30 days to pay or appeal. Patrick Matthew Nelson Notice No 1851600141472 Officer Shepaum mentioned on May 16, 2016, at 8:03 a.m., a vehicle registered to the violator was travelling eastbound on W. Woolbright Road at S. Congress Avenue in the number two lane. After a review of the electronic evidence, a notice of violation was issued on June 6, 2016. She submitted the ATS evidence pack to Mr. Stokes. Messrs. Stokes and Nelson viewed the video and still photographs. Mr. Nelson had no comment. Decision Mr. Stokes upheld the violation and gave 30 days to pay. Rachel Nicole Fernandez Notice No. 1851600151752 Officer Petriello recalled on May 30, 2016, at 9:42 a.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 and photographs, Officer Petriello issued a notice of violation on June 9, 2016. He submitted the ATS evidence pack to Mr. Stokes. Mr. Stokes and Ms. Fernandez viewed the video and still images. Ms. Fernandez commented the light changed quickly and she did not realize she was traveling fast. Additionally, she only viewed the still photographs and not the video prior to the hearing. Decision Mr. Stokes upheld the violation and gave 30 days to pay, Martha M. Leather Notice No 1851600104355 Officer Verrigini reviewed on April 1, 2016, at 4:19 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 April 22, 2016. He submitted the ATS evidence pack to Mr. Stokes. Mr. Stokes and Ms. Leather viewed the video and still images. Ms. Leather explained she got three tickets at that location and she is not a reckless driver. She advised the light stayed on for not even a minute. She paid the first two tickets because she was unsure if she ran the light. She commented the light turned yellow and it was turned up a little longer now. The first ticket she received, the light L Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 13, 2016 turned yellow and she proceeded through. She travels that way every day and pays attention to it every day. There are two lights on that road. One by the Walmart and she was heading southbound, people were travelling northbound and the light started flashing. The light on 23rd Street could accommodate one car going through. She does not run lights and is a good driver. The light flashed for a few seconds. She has been down the road and sees it flash. The light is a little longer now. Mr. Stokes explained the light was yellow about four seconds. He reviewed the video again. Mr. Stokes explained 80% or 90% of the video does not have the potential for a direct turn left and in this case, there was a car waiting to turn left. There could have been an accident. Ms. Leather watches the light because she had previously received tickets. Ms. Leather contended the video was incorrect. Sergeant Hawkins, Boynton Beach Police Department, explained they check the lights randomly. The light was 3.9 to 4.2 seconds and it was calibrated and operating consistently with the opposite traffic. Decision Based on the evidence, Mr. Stokes upheld the citation and imposed a fine of $208 payable in 30 days. Eric Alan Humphrey Decision Notice No. 1851600084912 Mr. Stokes dismissed the case. (was there any explanation by anyone???) Moses Allen Clay Decision Mr. Stokes dismissed the case. The violators for the following cases were not present. Christopher Shevock Notice No. 1851600130103 Notice No. 1851600139807 Officer Shepaum explained on May 13, 2016, at 8:51 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 a notice of violation was issued on June 6, 2016. She submitted the ATS evidence pack to Mr. Stokes who viewed the video and still images. 7 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 13, 2016 Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Tamika Shevette Sims Notice No. 1851600121482 Officer Petriello conveyed on April 21, 2016, at 3:24 p.m., a vehicle registered to EAN Holdings was travelling southbound on N. Congress Avenue at W. Gateway Boulevard in the number one lane. After a review of the electronic evidence, a notice of violation was issued on May 10, 2016. On May 13, 2016, EAN Holdings LLC sent in an affidavit naming Tamika Shevette Sims as the driver. The Officer processed the affidavit and sent it to Ms. Sims on May 16, 2016. He submitted the ATS evidence pack to Mr. Stokes who viewed the video and still images. EAN Holdings is Enterprise Rent a Car and there is a transfer of liability filed by them and Ms. Sims requested the hearing, but was not present. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Falange Chelton Francisque Notice No. 1851600125509 Officer Petriello commented on April 25, 2016, at 3:43 p.m., a vehicle registered to the violator was travelling northbound on N. Congress Avenue 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 May 21, 2016. He submitted the ATS evidence pack to Mr. Stokes who viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Kathleen Waterma Kribbs Notice No. 1851600143379 Officer Petriello indicated on May 18, 2016, at 5:11 p.m., a vehicle registered to the violator was travelling northbound on N. Congress Avenue at W. Gateway Boulevard. After a review of the electronic evidence, Officer Petriello issued notice of violation on June 6, 2016. He submitted the ATS evidence pack to Mr. Stokes who viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida Timothy Jerome Simon Jr. This case was rescheduled, Donita Jefferies October 13, 2016 Notice No. 1851600069632 Notice No. 1851600099621 Officer Petriello mentioned on March 27, 2016, at 10:34 a.m., a vehicle registered to the violator was travelling northbound on N. Federal Highway at SE 23 d Avenue in the number two lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on April 20, 2016. He submitted the ATS evidence pack to Mr. Stokes who watched the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Barry M. Nadelbach rami Sm1.16SVIIIS`[+ilei Officer Petriello reviewed on April 8, 2016, at 11:12 a.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 April 29, 2016. He submitted the ATS evidence pack to Mr. Stokes who viewed the video and still images. The light was red 1.1 seconds. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Kysheia Lanaye Dexter Notice No. 1851600077684 Officer Petriello commented on March 6, 2016, at 10:41 a.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 and photographs, Officer Petriello issued a notice of violation on March 25, 2016. He submitted the ATS evidence pack to Mr. Stokes who viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Jennifer Lynne Hesser Notice No. 1851600115518 Officer Petriello explained on April 13, 2016, at 7:59 p.m., a vehicle registered to the violator was travelling southbound on NW 8t" Street at W. Boynton Beach Boulevard in 0 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 13, 2016 the number one lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on May 4, 2016. The red light time was 1.1 seconds. He submitted the evidence pack to Mr. Stokes who then viewed the video and still photographs. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Bernardo Largaespada Notice No.1851600112416 Officer Petriello indicated on April 9, 2016, at 8:32 p.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 April 29, 2016. He submitted the ATS evidence pack to Mr. Stokes who viewed the video and still images. The red light time was 1.4 seconds. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 Byrline Sylvain Celestin Notice No. 1851600080985 Officer Petriello noted the ATS evidence pack had a note with a request to schedule this case with a future pending case. Mr. Stokes requested Officer Petriello issue a new hearing date notice. Mr. Stokes tabled the case to a later date. Matthew Robert Needle Notice No1851600130137 Officer Verrigini commented on May 1, 2016, at 2:54 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 May 25, 2016. He submitted the ATS evidence pack to Mr. Stokes who viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Joseph Louis Luongo Notice No. 1851600130228 Officer Verrigini indicated on May 1, 2016, at 6:44 p.m., a vehicle registered to the violator was travelling southbound on Congress Avenue at Woolbright Road in the number four straight lane. After a review of the electronic evidence, Officer Verrigini 10 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 13, 2016 issued a notice of violation on May 25, 2016. He submitted the ATS evidence pack to Mr. Stokes who viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 Marvin E. Butterman Notice No.1851600147431 Officer Verrigini reviewed on May 23, 2016, at 7:36 p.m. a vehicle registered to the violator was travelling northbound 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 June 8, 2016. He submitted the ATS evidence pack to Mr. Stokes who viewed the video and still images. Mr. Stokes noted the violator sent a letter as part of the record regarding a medical condition which he read and is part of the record. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Mark E. Freseman Notice No. 1851600126549 Officer Verrigini conveyed on May 23, 2016, at 7:36 p.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, Officer Verrigini issued a notice of violation on May 24, 2016. He submitted the ATS evidence pack to Mr. Stokes who viewed the video and stili images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Jacob Francois Notice No.1851600127745 Officer Verrigini explained on April 28, 2016, at 12:55 p.m., a vehicle registered to the violator was travelling westbound on Woolbright Road and 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 May 24, 2016. The red light time was 2.4 seconds. He submitted the ATS evidence pack to Mr. Stokes who viewed the video and still images. 11 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 13, 2016 Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Beverly Anderson Woods Notice No. 1851600077130 Officer Verrigini mentioned on March 5, 2016, at 5:08 p.m., a vehicle registered to the violator was travelling northbound on Federal Highway and SE 23rd Avenue in the number two lane. After a review of the electronic evidence, Officer Verrigini issued a notice of violation on March 25, 2016. He submitted the ATS evidence pack to Mr. Stokes who viewed the video and still images. Decision Based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of $258 Kristine Marie Boulter Notice No. 1851600098722 Officer Verrigini explained on March 26, 2016, at 12:55 p.m., a vehicle registered to the violator was travelling southbound on NW 81" 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 April 20, 2016. He submitted the ATS evidence pack to Mr. Stokes who viewed the video and still images. The red light time was 1.8 seconds. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days. Timothy Lee Ezell Notice No. 1851600079169 Officer Verrigini explained on March 7, 2016, at 1:25 p.m., a vehicle registered to the violator was travelling westbound on Woolbright Road and 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 25, 2016. The ATS evidence pack was submitted to Mr. Stokes who viewed the video and still images. The red light time was 1.5 seconds. Decision Based on the testimony and evidence, Mr. Stokes upheld the violation and assessed a fine of $258 12 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida October 13, 2016 Rafael Eytan Otten Notice No. 1851600097674 Officer Verrigini offered on March 25, 2016 at 11:22 a.m., a vehicle registered to the violator was travelling southbound on Woolbright Road and S. Congress Avenue in the number two lane. After a review of the electronic evidence and photographs, Officer Verrigini issued a notice of violation on April 19, 2016. The ATS evidence pack was submitted 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. Novia Shaunta Lee Notice No. 1851600113729 Officer Verrigini explained on April 11, 2016, at 5:06 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, Officer Verrigini issued a notice of violation on May 4, 2016. He submitted the ATS evidence pack to Mr. Stokes who viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. 6. Other business - None 7. City requests and reports - None 8. Local hearing officer requests and reports - None 9. Adjournment There being no further business to discuss, Mr. Stokes adjourned the meeting at 11:22 a.m. Catherine Cherry Minutes Specialist 13