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Minutes 02-23-17James Stokes, Special Magistrate Anthony Petriello, Traffic Infraction Enforcement Officer Anthony Verrigni, Traffic Infraction Enforcement Officer Amanda Shepaum, Police Officer 1. Call to order by Local Hearing Officer, James D. Stokes James Stokes, Special Magistrate, called the meeting to order at 9:28 a.m. Mr. Stokes explained he is the Special Magistrate appointed by the City to hear these cases. He has no relationship with the City of Boynton Beach and was appointed to be a hearing officer. He announced the fines are set by Statute. The initial violation notice, if paid when received, had a fine of $1158. When � a wearing was requested, it added a $50 administrative fee. If a hearing is held, there is a court cost or hearing fee which can go up to $250. The City charges $35 to cover the cost of the process, but he has latitude. At every hearing, people have a defense which is not legal. All are afforded due process, but there are misconceptions. Mr. Stokes advised the violation does not result in points on the driver's record. It will not impact insurance rates or their license. The fine is an administrative charge against the vehicle. If the vehicle is found to have run a red light, there is a monetary fine only. If the owner was not driving, the owner of the vehicle has to identify the driver by name so the notice can be redirected to the person who was driving. There could be teenagers in the house, or a company car. The law says if the driver is not identified, Mr. Stokes sets that issue aside and decides if the vehicle ran the light. If so, the registered owner is responsible. If not paid, they cannot renew their vehicle registration. Another misconception is U-turns on a red light are legal even if they did not enter the intersection. Mr. Stokes explained if anyone wanted to change their plea, they could and save $35. The fine is payable in 30 days. Mr. Stokes advised he does not know anything -about the cases and he receives nothing in advance. This is the first time he is viewing the information. There are occasions when the information is questionable and he dismisses the case, but if it is obvious one did not run the light, the violator is usually not cited. Mr. Stokes was unfamiliar if the fine could be paid for in community service hours. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 23, 2017 He requested anyone wanting to change their plea come to the front of the Chamber. An order will be mailed or individuals could wait and pay the cashier on their way out. 2. Amendments to the Agenda The following individuals either paid the fine prior to the hearing or changed their plea: Meredith Marie Legg Medalie Alce Thorwald Alex Bodensiek Heather Lynn Campbell Nadine Calice Dory Carla Dolores Green Steven Clark Hager Anne Maria Larosa Anne Maria Larosa Theresa Marie Liguori Marlon Jamar Pearce Rosa Choy Sakir Rose Marie Thomas Terry Lee Williams Tatiana Shekera Cunningham Jason Bradley Elsner Linda A. Drell 3. Approval of Minutes 4. Swear in of witnesses Notice No. 1851600192426 Notice No. 1851600202001 Notice No. 1851600223171 Notice No. 1851600191741 Notice No. 1851600195494 Notice No. 1851600215110 Notice No. 1851600200377 Notice No. 1851600160761 Notice No. 1851600153360 Notice No. 1851600186600 Notice No. 1851600205145 Notice No. 1851600170786 Notice No. 1851600144518 Notice No. 1851600185628 Notice No. 1851600173293 Notice No. 1851600176635 Notice No. 1851600137520 The Clerk administered an oath to all those intending to testify. 5. Violation Hearings: Failure to comply with a steady red signal Robert Dean Krusel Notice No. 1851600204536 Anthony Petriello, Traffic Infraction Enforcement Officer, explained on August 8, 2016, at 8:32 p.m., a vehicle registered to Angelina Marie Patterson was travelling southbound on South Congress Avenue at W. Woolbright Road in the number one lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on August 25, 2016. On September 7t", Ms. Patterson sent in an affidavit naming Robert and Vicki Krusel as the drivers, but she cannot name two people. On September 22, 2016, Ms. Patterson submitted a second affidavit naming Robert Dean Krusel as the driver. Officer Petriello processed the affidavit and issued a notice of violation to him on September 26, 2016. Officer Petriello submitted the evidence pack with the CD and photos for this case and all the cases being heard today to Mr. Stokes. 2 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 23, 2017 Messrs Stokes and Krusel viewed the video and still images. Mr. Krusel commented he had back surgery and the car was lent to them. He did not know who was driving and he could not see the driver's face. It was whoever the owner named. Mr. Stokes noted California takes pictures of the vehicle so drivers can be identified, but the State of Florida feels it is a privacy issue. Mr. Stokes pointed out it is not a moving violation. It is an issue between him and the owner. Decision Mr. Stokes upheld the violation and gave 30 days to pay. Philippe Ulysse Notice No. 1851600150861 Amanda Shepaum, Boynton Beach Police Officer, explained on May 28, 2016, at 3:43 p.m. a vehicle registered to the violator was travelling northbound on S. Federal Highway at SE 23rd Avenue in the number two lane. After a review of the electronic evidence, a notice of violation was issued on .lune 9, 2016. She submitted the evidence pack to Mr. Stokes. Messrs. Stokes and Ulysse viewed the video and still images. Mr. Ulysse explained the car was in his name, but prior to the violation date, he called the Police because he signed the title to his ex-girlfriend. The officer suggested he let her go home with the car and she would change the title on Monday. On Monday, he went to the Department of Motor Vehicles and addressed the title. He had a copy of the Police Report. Mr. Stokes asked why he did not send in an affidavit naming her as the driver. Ms. Ulysse advised he did not know what to do. When he spoke with the officer, he was told it was his car and he had to pay for it. He had to call the police to go to the address and the officer took the tag from her for him. He explained he was not driving the vehicle. She had the car. Mr. Stokes deferred this case to later in the meeting. This case was revisited at 10:10 a.m. Officer Shepaum advised the Police Department had no objection to Mr. Ulysse submitting an affidavit naming the girlfriend for the two violations, but wanted him under oath to put his testimony on record. Mr. Ulysse stated "His ex -girlfriends name is Timya Croose, 1495 NW 1St Court, Boynton Beach, 33435. DOB X-X-XXXX. Both of these times she was driving the vehicle, she never wanted to give me the tag." Mr. Stokes asked if the vehicle was in his name at the time, but she was driving. Ms. Ulysse explained it was legally his vehicle, but she was driving it. Mr. Stokes asked if had since had the vehicle and the license plate. Mr Ulysse commented she still has the vehicle, but he got the license plate back because he called and an officer went to the house. They got it for him afterward. Officer Shepaum advised there was a correction on the last name of the spelling which was "Crouse" and the date of birth was X -X -XXX. Mr. Stokes noted to get the report 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 23, 2017 number. Mr. Stokes explained she will get the notice and the matter may not be over, but for now, the notice will be sent to her. Jean Claude Saint Fort Notice No. 1851600206895 Officer Petriello conveyed on August 11, 2016, at 2:37 p.m., a vehicle registered to the violator was travelling eastbound on W. 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 August 29, 2016. He submitted the evidence pack to Mr. Stokes. Messrs Stokes and Saint Fort viewed the video and still images. Mr. Saint Fort had his daughter interpret for him. He admitted to running the red light. Decision Mr. Stokes upheld the violation and assessed a fine of $208 payable in 30 days. The following violators were not present. Adam Joseph Cantu Notice No. 1851600190305 Officer Shepaum explained on July 20, 2016, at 3:55 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 and photographs, a notice of violation was issued on July 27, 2016. She had an evidence pack to submit to the court and had a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Adam Joseph Cantu Notice No. 185160078947 Officer Shepaum commented on July 17, 2016, at 8:42 a.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 and photographs, a notice of violation was issued on July 25, 2016. She submitted the evidence pack to the court and had a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Rita Cirnigliaro 9 Notice No. 1851600240555 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 23, 2017 Officer Petriello conveyed on October 10, 2016, at 12:41 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 and photographs, Officer Petriello issued a notice of violation on November 3, 2016. He submitted the evidence pack to the court and had a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. James Robert Crate Notice No. 1851600191162 Officer Shepaum related on July 21, 2016, at 2:53 a.m., a vehicle registered to the violator was travelling westbound on E. Gateway Boulevard at N. Congress Avenue in the number two lane. After a review of the electronic evidence and photographs, a notice of violation was issued on July 28, 2016. She submitted the evidence pack to the court and had a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Nadia Flis Aime Notice No. 1851600190800 Officer Petriello commented on July 21, 2016, at 7:03 a.m., a vehicle registered to the violator was travelling southbound on S. Federal Highway at SE 23d Avenue in the number two lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on July 28, 2016. He submitted the evidence pack to the court and had a video and still images 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. Nadia Flis Aime Notice No. 1851600190578 Officer Shepaum explained on July 18, 2016, at 7:03 a.m., a vehicle registered to the violator was travelling southbound on S. Federal Highway at 23�d Avenue in the number two lane. After a review of the electronic evidence and photographs, a notice of violation was issued on July 28, 2016. She submitted the evidence pack to the court and had a video and still images to play. Mr. Stokes viewed the video and still images. 5 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 23, 2017 Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Gail Yvette Frazier Notice No. 1851600189646 Officer Shepaum advised on July 19, 2016, at 5:17 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 and photographs, a notice of violation was issued on July 27, 2016. She submitted the evidence pack to the court and had a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Alexander Fredric Guerino Notice No. 1851600177971 Officer Petriello indicated on July 2, 2016, at 8:13 p.m., a vehicle registered to the violator was travelling southbound on S. Federal Highway at SE 23d Avenue in the number three lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on July 18, 2016. He submitted the evidence pack to the court and had a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Mark J Minkin Notice No. 1851600188390 Officer Shepaum noted on July 17, 2016, at 1:56 p.m., a vehicle registered to the violator was travelling southbound on S. Federal Highway at SE 23rd Avenue. After a review of the electronic evidence and photographs, a notice of violation was issued on July 27, 2016. She submitted the evidence pack to the court and had a video and still images 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. Shawn Robert Paris Notice No. 1851600195817 Officer Petriello reported on July 28, 2016, at 9:27 a.m., a vehicle registered to the violator was travelling eastbound on E. Boynton Beach Boulevard at N. Seacrest Boulevard in the number three lane. After a review of the electronic evidence and 9 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 23, 2017 photographs, Officer Petriello issued a notice of violation on August 4, 2016. He submitted the evidence pack to the court and had a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $ 258. Steven Rocco Pomponio Notice No. 1851600186238 Officer Shepaum conveyed on July 14, 2016, at 11:44 p.m., a vehicle registered to the violator was travelling eastbound on E. Boynton Beach Boulevard at N. Seacrest Boulevard in the number one lane. After a review of the electronic evidence and photographs, a notice of violation was issued on July 22, 2016. She submitted the evidence pack to the court and had a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Roxana Edna Quinn Notice No. 1851600141746 Officer Shepaum commented on May 16, 2016, at 2:25 p.m., a vehicle registered to the violator was travelling southbound on S. Congress Avenue at W. Woolbright Road in the number four lane. After a review of the electronic evidence, a notice of violation was issued on July 22, 2016. She submitted the evidence pack to the court and had a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Joshua Stephen Shackelford Notice No. 1851600198860 Officer Verrigni explained on August 1, 2016, at 1:07 p.m., a vehicle registered to the violator was travelling northbound on S. Federal Highway at SE 23rd Avenue in the number two straight lane. After a review of the electronic evidence, Officer Verrigni issued a notice of violation on August 11, 2016. He submitted the evidence pack to the court and had a video and still images to play. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. 7 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 23, 2017 Claudy Toussaint Notice No. 1851500123257 Officer Verrigni explained on September 2, 2015 at 8:21 p.m. a vehicle registered to David Samuels Brown, who was not present, was travelling southbound on N. Congress Avenue at W. Gateway Boulevard in the number one left -turn lane. After a review of the electronic evidence, Officer Verrigni issued a notice of violation on October 8, 2015, and a Uniform Traffic Citation was issued on December 21, 2015. On June 10, 2016, a hearing took place at South County Courthouse and David Samuels Brown stated under oath that he was not the driver at the time. He named Claudy Touissant as the driver and supplied the necessary information as well as an affidavit letter at South County Courthouse. Officer Verrigni processed the information and issued a notice of violation to Claudy Touissant on June 14, 2016. He submitted the video and still images. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes found Claudy Touissant was the driver and he upheld the violation and assessed a fine of $258. Claudy Touissant Notice No. 1851500116491 Officer Verrigni mentioned on September 24, 2015, at 4:50 p.m., a vehicle registered to Sixth Rent a Car LLC, was travelling southbound on N. Congress Avenue at W. Gateway Boulevard in the number four straight lane. After a review of the electronic evidence, Officer Verrigni issued a notice of violation on October 1, 2015. An affidavit was submitted by Sixth Rent a Car, LLC, naming David Samuels Brown as the renter/driver. The affidavit was processed and a notice of violation was sent to David Samuels Brown on February 1, 2016 and a Uniform Traffic Citation on April 15, 2016. On July 8, 2016, a hearing took place at South County Courthouse in Delray Beach, and David Samuels Brown stated under oath that he was not the driver at the time, and named a second renter/driver Claudy Touissant as the driver and supplied all the needed information. Officer Verrigni processed the information and issued a notice of violation to Claudy Touissant on July 12, 2016. An evidence pack was submitted containing the affidavits and he showed the video and stili images. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes found Claudy Touissant was the driver of the vehicle and assessed a fine of $258. Tina Louise Walker Notice No. 1851600207315 Officer Petriello conveyed on August 11, 2016, at 9:11 p.m., a vehicle registered to the violator was travelling southbound on NW 8t" Street at W. Boynton Beach Boulevard in Meeting Minutes Red Light Camera Hearings Boynton each, Florida February 23, 2017 the number one lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on August 29, 2016. He submitted the evidence pack to the court. Mr. Stokes 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 7. City Requests and Reports 8. Local Hearing Officer Requests and Reports 9. Adjournment There being no further business, Mr. Stokes adjourned the meeting at 10:43 a.m. Catherine Cherry Minutes Specialist. E