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Minutes 12-08-16MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA, ON THURSDAY, DECEMBER 8, 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 Mr. Stokes called the hearings to order at 9:05 a.m. and explained he is Special Magistrate appointed by the City of Boynton Beach to hear Red Light Camera violations. He knows nothing about the case and as each case is called, an Officer will provide him with the same packet as was received by the violator which will be part of the record. He will view the video and still photographs for the first time and all see the same thing at the same time. The City has the burden of proof and will make their presentation first. Violators can ask questions and Mr. Stokes will make a ruling. The fines are set per Statute. When the initial notice of violation is sent, if paid, the fine is $158. If a hearing is requested, a $50 fee will be added. If not guilty, no fine will be incurred. All present in the Chamber were already at the $208 amount. The Statute permits court costs of up to $250; however, the City Commission set the fine at $35. Once testimony at the podium takes place, the $35 fee applies. Mr. Stokes explained the way the Statute is written the violation was made by the vehicle. Registered owners, or the first name on the vehicle registration, receive the violation notice. If not driving, the owner must fill out the affidavit and identify by name who was driving. People that did not send in the affidavit appear saying they have four children or it was a company car and the driver is unknown. Even with proof they were not driving, if they cannot or have not identified the person by name, the violation defaults back to the vehicle and the first name on the registration. Mr. Stokes pointed out making a U-turns on a red light is not a lawful defense. There are no points assessed on the record. It is an administrative violation that does not attach to one's driving record. Their license is not suspended and insurance rates will not go up. Mr. Stokes commented sometimes people want him to make a ruling the cameras are not legal. He explained the courts have all ruled they are lawful. Boynton Beach had put their program on hold waiting to see results of prior lawsuits. On October 8, 2015, ATS appeared and testified how the program works and the transcript is available. He cannot rule the program unconstitutional; he can only administer the program. If a violator wants to challenge the program's constitutionality, they must take the order and appeal it to a judge. There is a filing fee to appeal in addition to having to pay the Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida December 8, 2016 ticket. When appealing, a judge will look at the transcript for the argument and Mr. Stokes will allow violators to put their argument on the record. All have 30 days to pay or appeal. If not paid within that time, a hold will be placed on the vehicle registration. Mr. Stokes requested anyone wanting to change their plea come to the front row of the Chamber and orders will be printed. Ms. Kattoura came forward. Maribel Kattoura 2. Amendments to the Agenda - None 3. Approval of Minutes - None 4. Swear in of witnesses - None i! �t" ► n- 0U-1.71 [d%h7i K61-81161 The Minutes Specialist administered an oath to all those intending to testify. 5. Violation Hearings: Failure to comply with a steady red signal. Anthony Diesu Notice No. 1851600101484 Anthony Verrigini, Traffic Infraction Enforcement Officer, explained on March 29, 2016, at 12:32 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 Officer Verrigini reviewed the evidence, he issued a notice of violation on April 1, 2016. He had the standard evidence pack for this case and a CD and evidence pack for all the cases being heard today. Mr. Stokes accepted the evidence. Messrs. Diesu and Stokes viewed the video and still images. Decision Mr. Stokes dismissed the citation because he was not convinced if any part of the vehicle was over the line. Jean R. St. Jean Jamul St. Jean was present. Notice No. 1851600120096 Anthony Petriello, Traffic Infraction Enforcement Officer, commented on April 19, 2016, at 7:34 p.m., a vehicle registered to Jean R. St. Jean was travelling eastbound on Gateway Boulevard at N. Congress Avenue in the number five lane After a review of the electronic evidence, Officer Petriello issued a notice of violation on May 9, 2016. He submitted the evidence pack to Mr. Stokes. Mr. Stokes and Mr. St. Jean viewed the video and still images. Mr. Stokes noted the video and stills he was viewing were not convincing. K Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida Decision Mr. Stokes dismissed the citation Titans General Store LLC December 8, 2016 Notice No. 1851600165596 Officer Petriello explained on June 16, 2016, 9:27 a.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard and N. Seacrest Boulevard in the number two lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on June 30, 2016. He submitted the ATS evidence pack to Mr. Stokes. Mr. Stokes and an unidentified man viewed the video and still images. The man was heading east on Boynton Beach Boulevard that morning and when he crossed over 1-95, the driver behind him was tailgating. He had to decide to brake or be rear ended, and he went forward. Three months ago the same thing happened and he was rear ended in Key West. He commented the camera failed to capture the tailgating. Mr. Stokes understood, but explained he is bound by the evidence. Had the vehicle been right on his tail, he would have thought differently, but the video showed some separation. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable 30 days. The violators for the following cases were not present: Lacca Wanous Bromell Notice No. 1851600134790 Officer Petriello reviewed on May 7, 2016, at 12:29 p.m., a vehicle registered to the violator was travelling westbound on Gateway Boulevard at North Congress Avenue in the number two lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on May 27, 2016. He submitted the 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 payable in 30 days. Stecker Corneille W Notice No. 1851600126135 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida December 8, 2016 Officer Verrigini mentioned on April 26, 2016, at 12:08 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 issued a notice of violation on May 24, 2016. He submitted the 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 payable in 30 days. Joseph Dallesandro Notice No. 1851600122118 Officer Verrigini conveyed on April 22, 2016, at 7:25 a.m., a vehicle registered to the violator was travelling eastbound on Gateway Boulevard at N. Congress Avenue in the number four straight lane. After a review of the electronic evidence, Officer Verrigini issued notice of violation on May 11, 2016. The ATS evidence pack was submitted, the significance of the video was the red light time was 1.1 seconds. Mr. Stokes 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. Mohamed Debbagh Notice No. 1851600127380 Officer Verrigini explained on April 27, 2016, at 7:23 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 issued a notice of violation on May 24, 2016. The evidence pack was submitted 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 payable in 30 days. Patrick Fitzgerald Notice No. 1851600159037 Officer Petriello reviewed on June 8, 2016, at 9:29 a.m., a vehicle registered to the violator was travelling eastbound on W. Woolbright Road at SW 8th Street in the number two lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on June 17, 2016. He submitted the ATS evidence pack to Mr. Stokes, who viewed the video and still images. CI Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida December 8, 2016 Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 in 30 days. Chad Edward Kelker Notice No. 1851600134717 Officer Petriello requested a continuance. Decision Mr. Stokes tabled this case to the hearings on December 22, 2016 at 9 a.m. Manisha Maria Maraj Notice No. 1851600146786 Officer Petriello summarized on May 23, 2016, at 12:19 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 June 8, 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 payable in 30 days. Guilenne Oslin Notice No. 1851600132661 Officer Verrigini reviewed on May 5, 2016, at 1:57 p.m., a vehicle registered to the violator was travelling westbound 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 May 26, 2015. 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 payable in 30 days. Linda Sue Serwin Notice No. 1851600101690 Officer Verrigini noted on March 29, 2016, at 4:08 p.m., a vehicle registered to the Shirley Doris Serwin was travelling southbound on NW 8th Street at W. Boynton Beach Boulevard in the number two left turn lane. After a review of the electronic evidence, Officer Verrigini issued a notice of violation on April 21, 2016. A Uniform Traffic Citation 5 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida December 8, 2016 (UTC) was issued on this violation on June 30, 2016. On August 19, 2016, at South County Courthouse, Linda Sue Serwin testified under oath that Shirley Doris Serwin passed away on December 28, 2013, and Linda Sherwin stated she was driving the vehicle at the time of violation. The UTC was dismissed and Officer Verrigni reissued a notice of violation. to Linda Sue Serwin on August 24, 2016. The information was in the evidence pack. The case was against Linda Serwin and Linda Serwin signed the request for a hearing. Mr. Stokes 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. Sirazul Islam Talukdar Notice No.1851600192202 Officer Petriello noted on July 23, 2016, at 9:13 a.m., a vehicle registered to the violator was travelling eastbound on W. Gateway Boulevard at N. Congress Avenue in the number five lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on July 29, 2016. He had an evidence pack to play. Mr. Stokes 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. 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 hearing at 10:04 a. m. Catherine Cherry Minutes Specialist N