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Minutes 12-22-16MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA, ON THURSDAY, DECEMBER 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 by local Hearing Officer, James Stokes Mr. Stokes called the hearings to order at 9:03 a.m., and introduced himself as a neutral third party to hear both sides of the issue and determine if a vehicle ran a red light. He has not seen any of the documents. They will all see the same evidence at the same time. Mr. Stokes advised he is not a judge and his authority comes from Florida Statute and the Mark Wandell Act. He cannot rule the program is illegal or unconstitutional. If one wants to make the argument, they should put it on record and submit it to a judge. His only authority is to determine if the light was red and the vehicle was before the stop bar. The first notice advises the fine is $158 and if appealing, a $50 hearing cost brings the fees to $208. The fines are set by Statute. If Mr. Stokes upholds the violation, there is another $35 fee, bringing the total fees to $243. If changing ones plea to guilty before the hearing, attendees can avoid paying the $35, but all have a right to a hearing. Mr. Stokes explained the violation is against the vehicle and the first name listed on the registration will receive the notice of violation. The notice indicates if the owner was not driving, they send in the affidavit naming the driver and the Police Department redirects the notice to the actual driver. Often there are teenage drivers in the house or a company vehicle is involved so it is unknown who was driving. Sometimes owners bring proof they were not driving, but unless the owner identifies another driver, Mr. Stokes has to determine if the vehicle went through the light. If so, he will uphold the violation and the owner is responsible for the payment. There are no points associated with this violation and a driver's license will not be suspended. The Statute permits payment within 30 days. If someone does not pay, the fine will cause a hold on the vehicle's registration, but would not affect insurance rates. Mr. Stokes requested anyone wanting to change their plea come to the front row of Chambers. Lashundra Beauchamp Notice No. 1851600136787 2. Amendments to the Agenda: None Meeting Minutes Red Light Camera Hearing Boynton Beach, Florida December 22, 2016 3. Approval of Minutes: None 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. Sabine Senatus Notice No. 1851600158716 Anthony Petriello, Traffic Infraction Enforcement Officer, explained on June 7, 2016, at 1:01 p.m., a vehicle registered to the violator was travelling westbound on W. Woolbright Road at S. Congress Avenue in the number two lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on June 15, 2016. He submitted the ATS evidence pack for this case and all the cases being heard today to Mr. Stokes, who accepted the evidence. Mr. Stokes and Ms. Senatus viewed the video and still images. Ms. Senatus commented she was driving the speed limit to try to turn on the yellow light. She was unaware of the turn light until today. If she stopped she did not want to be injured or injure anyone else. It was her first day in the Boynton Beach area and she would never knowingly turn on a red light. Mr. Stokes explained the arrows are always in line with the lanes and they were dealing with three red arrows, but drivers must be attentive to a green or red arrow. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Jarret Evan Orenbuch Notice No. 1851600095777 Officer Petriello commented on March 23, 2016, at 12:05 p.m., a vehicle registered to the violator was travelling eastbound on W. Woolbright Road at S. Congress Avenue in the number three lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on April 18, 2016. He submitted the ATS evidence pack to Mr. Stokes. He commented on both cases, a Uniform Traffic Citation (UTC) was issued in error and was dismissed in order to honor the local hearing request that Mr. Orenbuch made. There was agreement to hear Mr. Orenbuch's second case at this time as well. Messrs. Stokes and Orenbuch viewed the video and still images. K Meeting Minutes Red Light Camera Hearing Boynton Beach, Florida December 22, 2016 Jarret Evan Orenbuch, Notice No. 1851600095785 Officer Petriello explained on March 23, 2016, at 12:06, a vehicle registered to the violator was travelling on W. Woolbright Road at Southwest 8th Street, which is a mile from Congress Avenue. After a review of the electronic evidence, Officer Petriello issued the notice of violation on April 18, 2016, to the same license plate on the same day. Messrs. Stokes and Orenbuch viewed the video and still images. The two violations were a minute apart. Mr. Orenbuch explained one case was dismissed by the State Court and one article by the State Attorney General indicates the Red Light Cameras should not be legal because it was still being argued by the Supreme Court. He understood if it was dismissed by a State Court, why should he be present in City Court. Mr. Stokes explained there is a theory of Race Judicotta that the issue has already been decided. The two orders that dismissed the UTC's were not decided on the merits of a case. The Orders were issued in error. It was an administrative adjustment that did not trigger Race Judicotta. Mr. Stokes explained it was an error the UTC was issued which they corrected because Mr. Orenbuch requested an administrative hearing. If he had not requested the administrative hearing, he would have to go to court regarding the UTC. Mr. Orenbuch also pointed out the City was phasing out the red light cameras and they were deemed illegal. He also understood there has to be a sign posted for the red light cameras. Mr. Stokes explained the way Boynton Beach runs the program has been affirmed by the court, but the City Commission did decide to turn the cameras off effective at midnight on December 31, 2016. Anyone cited up until then will still have a hearing. Mr. Orenbuch asked if an officer has to physically hand drivers a ticket to win a violation as it was in New York State. He was unable to search the Florida Statutes. Mr. Stokes explained a number of cases have arisen because some cities let the company review the videos which he may be referring to. The City of Boynton Beach program was scrutinized by the Appellate Court and Officers review the photos and determine if a violation occurred. Mr. Orenbuch explained if it is still pending in the Supreme Court it was a murky situation. Mr. Stokes explained no one knows if the Supreme Court will hear the case. The Appellate Courts requested they hear the case, but all but two of the decisions made by the 3rd 4th and 5th District Court of Appeals were upheld and the one or two cases that were not, did not affect the City's program. Mr. Stokes asked Sergeant Hawkins to talk about the signs. Sergeant Hawkins explained all of the intersections are marked properly, with the proper Department of Transportation signs, set back from the camera, from all of the intersections and it says photo enforcement. It does not show in the video, but they are there and they have photos of the posted signs. There are signs at Woolbright Road and 8th Street and 3 Meeting Minutes Red Light Camera Hearing Boynton Beach, Florida December 22, 2016 Woolbright Road and Congress Avenue. Officer Petriello had the photos on his laptop to show the signs. Mr. Orenbuch looked at the still frame and did not see a sign that said red light camera enforced as he thought he heard it was above the sign. Mr. Stokes explained the signs generally are required to be along the side of the road, but some municipalities have the cameras above the sign. Mr. Orenbuch responded he will drive by and look for more evidence. Mr. Orenbuch wanted to know when the photos were taken and when the signs were posted or if they were placed there after the ticket occurred. Sergeant Hawkins suggested they submit a public record request and Mr. Stokes also suggested obtaining the transcript of the hearing that took place on October 8, 2015, where American Traffic Solutions (ATS) testified how the Boynton Beach program is operated. Attorneys were present representing violators that cross-examined the ATS representative. It was about a 30 to 40 minute presentation which is transcribed and of which Mr. Stokes took judicial notice. Sergeant Hawkins showed Mr. Orenbuch a photo taken in 2013 of the notice by the intersection on W. Woolbright Road and 8th Street. Photo enforced means Red Light Camera and the verbiage for the sign is contained in the Statute. It is set back 453 feet from the intersection and the sign for 8th Street was set back 280 feet. Mr. Stokes commented speed is not a factor in his determination, but he pointed out Mr. Orenbuch may have seen the sign if he was not travelling 104 mph. The second video shows the speed was 51 mph. Mr. Orenbuch did not believe his car could go that fast. He questioned if the cameras were calibrated and learned they were calibrated that day. Mr. Orenbuch also expressed ATS is a third -party company and the company shortens the yellow lights to generate more revenue. Mr. Stokes explained the length of the light is determined by the County Traffic Engineer and in most cases, the length of the lights at these intersections have been extended. Mr. Stokes explained most yellow lights are between 3.5 to 5 seconds. Mr. Orenbuch requested the tickets be dismissed so he would not have to go to a higher court. Decision Mr. Stokes denied the request to dismiss for both cases. He upheld both violations, and assessed a fine of $243 on each violation and gave 30 days to pay or appeal. If not paid within 30 days, a hold is put on the registration. Mr. Stokes advised he could not dismiss the cases. Sergeant Hawkins would provide the appeal information. The violators for the following cases were not present: Nicole C. Adams Notice No. 1851600134931 Officer Petriello advised on May 7, 2016, at 2:08 p.m., a vehicle registered to the violator was travelling southbound on NW 8th Street at W. Boynton Beach Boulevard in N Meeting Minutes Red Light Camera Hearing Boynton Beach, Florida december 22, 2016 the number one 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 viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Joshua A. Haupstein Notice No. 1851600175132 Officer Verrigini conveyed on June 29, 2016, at 10:11 a.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 the notice of violation on July 14, 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. Addis Gloria Levi Notice No. 1851600181676 Officer Petriello conveyed on July 8, 12:58 p.m., a vehicle registered to the violator was travelling northbound on N. Congress Avenue at W. Gateway Boulevard in the number three lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on July 20, 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 Timothy Jerome Simon Jr. Notice No. 1851600069632 Officer Petriello mentioned on February 27, 2016, at 9:38 p.m., a vehicle registered to Patina Yolanda McCray was travelling southbound on S. Federal Highway at SE 23rd Avenue in the number three lane. After a review of the electronic evidence, a notice of violation was issued on March 17, 2016. On May 13, 2016, Patina Yolanda McCray sent in an affidavit naming the above as the driver. Officer Petriello processed the affidavit on May 20, 2016, and sent a new notice to Timothy Jerome Simon Jr who is not present. He submitted the ATS evidence pack to Mr. Stokes who viewed the video and still images. Decision Meeting Minutes Red Light Camera Hearing Boynton Beach, Florida December 22, 2016 Mr. Stokes noted the affidavit in the package named Mr. Simon as the driver, and Mr. Simon did sign and requested the hearing so he was aware he was named as the driver. Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Custisia Courtney Smith Notice No. 1851500164616 Officer Verrigini indicated on November 23, 2015, at 8:37 p.m., a vehicle registered to Elaine Laverne Smith was travelling southbound on NW 8t" 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 December 10, 2015, and a UTC was issued on March 4, 2016. On June 10, 2016, at the South County Courthouse, Elaine Laverne Smith testified under oath that the above was the driver who was named in the transfer of liability affidavit. The UTC against Elaine Laverne Smith was dismissed and a notice of violation was issued to Custisia Courtney Smith on June 14 2016. The evidence pack was submitted to Mr. Stokes. Mr. Stokes noted the evidence packet contained the request for hearing signed by Custisia Courtney Smith and she was aware she was named as the driver. He then viewed the video. Decision Based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of $258. 6. Other business 7. City requests and reports 8. Local hearing officer requests and reports 9. Adjournment Three being no further business to discuss, Mr. Stokes adjourned the hearings at 10:11 a.m. 'r _ u Catherine Cherry Minutes Specialist n.