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Minutes 02-09-17! , . . _-1*YJ Z 11 IN • „ , • James 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 9:01 a.m. and explained he was appointed as a neutral third party to hear the cases. He knows nothing about the cases. Whatever he receives, he will see for the first time during the hearing and he will see the same documents and video the violator received. Mr. Stokes will also receive information verifying ownership of the vehicle and the calibration of the cameras which are part of the record. He explained the violation is not a traditional moving violation and it will not impact insurance rates. It is an administrative proceeding against the vehicle. His job is to determine if the vehicle went through the intersection before or after the light turned red. If not driving and the owner did not identify the driver, he will make a determination and the owner will be responsible. He often hears a company car was involved or there are multiple drivers in the home. If the driver cannot be identified, he sets the driver aside and decides if a violation occurred and if so, the owner is responsible. People have a misconception that U-turns are legal in Florida. He emphasized U-turns are not legal on red lights even if they did not enter the intersection. The fines are set by Statute except the hearing fee. If paid when the original notice was received, the fine was $158. When a hearing was requested, it added a $50 charge. Once the hearing starts, a court cost can be added of up to $250; however the City Commission determined it is approximately $35 per case, which he tends to adhere to although he has gone up to $100. If planning a defense under one of the scenarios Mr. Stokes had outlined, violators can change their plea and save the $35 and no hearing will take place. If a violator was present to challenge the legality of the cameras, Mr. Stokes advised he is a magistrate and not a judge. The violator must make their case at this hearing and appeal it in court; however, the judge will ask if the issue was raised at the administrative hearing. The City will present its case first and violators can ask questions and put anything on the record and take it to the courthouse for the appeal. The cameras have been challenged and they are not popular, but they are legal. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 9, 2017 Mr. Stokes noted there is a fee to file an appeal at the courthouse, but explained violators have a due process right for a hearing. If found guilty, their license will not be suspended. 2. Amendments to the Agenda 3. Approval of Minutes 4. Swear in of witnesses The Clerk administered an oath to all those intending to testify. 5. Violation Hearings: Failure to comply with a steady red signal Mr. Stokes requested anyone wanting to change their plea come to the front of the Chamber and advised all have 30 days to pay the fine. The following people changed their plea: Battle, Cody Devon Bendaoud, Abdelaziz Bryk, Maximiliam Jeffrey Cadet, Jameson Carbone, Saverio Louis Cecchini, Kara Elaina Cintron, Alexander Doyle, Precious Joy Mar Franklin, Terry Tyrone Howard, Norman Nobles Meerbeek, Cassandra Rene Mercy, Markiss Pearlstein, Nicole Renae Wunner, Brandon Lee Jones, Kadiri Orlene Sandra Hendelman Notice No. 1851600178474 Notice No. 1851600184860 Notice No. 1851600209642 Notice No. 1851600188804 Notice No. 1851600182575 Notice No. 1851600180827 Notice No. 1851600172949 Notice No. 1851600203496 Notice No. 1851600196336 Notice No. 1851600177393 Notice No. 1851600185834 Notice No. 1851600183060 Notice No. 1851600203223 Notice No. 1851600183599 Notice No. 1851600205319 Notice No. 1851600153410 Amanda Shephaum, Boynton Beach Police Officer, explained on June 1, 2016, at 11:38 a.m., a vehicle registered to the violator was travelling westbound on Woolbright Road at S. Congress Avenue in the number two lane. After she reviewed the electronic evidence, a notice of violation was issued on June 9, 2016. She submitted an evidence pack and CD evidence for this case and for all the cases being heard today to Mr. Stokes. 2 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 9, 2017 Mr. Stokes and Ms. Hendelman viewed the video and still images. Ms. Hendelman recalled she turned on a green arrow. She was behind a truck. The arrow was green and the light was red. The driver behind her was beeping for her to go forward and make the turn. She has no tickets and is a careful driver. She swore the arrow for the left turn was green. She had picked up her friend from her radiation treatment and was being careful. Mr. Stokes appreciated her testimony. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Michael Ferro Officer Shepaum advised the driver passed away. Decision Mr. Stokes dismissed the case. Notice No. 1851600181072 Mr. Stokes noted the following case was noticed on September 29, 2016, to appear for the 9 a.m. hearing, but the violator was not present. Patsie Hyacint Coke Notice No. 1851600191139 Officer Shepaum explained on July 21, 2016, at 2:35 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 and photographs, a notice of violation was issued on July 28, 2016. She submitted the evidence pack to Mr. Stokes and played the video. Mr. Stokes viewed the video and still images. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Mr. Stokes noted the following case was noticed on September 29, 2016, to appear for the 9 a.m. hearing, but the violator was not present. Dellica Sands Harris Notice No. 1851600184100 Officer Shepaum commented on July 12, 2016, at 8:01 a.m., a vehicle registered to the violator was travelling eastbound on Woolbright Road at S. Congress Avenue in the number three lane. After a review of the electronic evidence and photographs, a notice of violation was issued on July 21, 2016. She submitted an evidence pack to Mr. Stokes. Mr. Stokes viewed the video and still images K3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 9, 2017 Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Jean R. Labbe Notice No. 1851600144062 Officer Shepaum commented on June 1, 2016, at 1:50 p.m., a vehicle registered to the violator was travelling westbound on Woolbright Road at SW 8t" Street in the number one turn lane. After a review of the electronic evidence and photographs, a notice of violation was issued on June 8, 2016. She submitted the evidence pack to Mr. Stokes. Mr. Stokes viewed the video and still images. Mr. Labbe had no comment. Decision Based on the evidence, Mr. Stokes upheld the citation and assessed a fine of $208. Willie Mae Cave Notice No. 1851600177161 Anthony Petriello, Traffic Infraction Enforcement Officer, commented on July 1, 2016, at 6:21 p.m., a vehicle registered to the violator was travelling southbound on Congress Avenue at W. Gateway Boulevard in the number four lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on July 15, 2016. He submitted an evidence pack to Mr. Stokes. Mr. Stokes and Ms. Cave viewed the video and still images. Ms. Cave advised her fear was she would get rear ended, so she proceeded through the intersection. Decision Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Martine Etienne Desinor Notice No. 1851600182989 Officer Petriello commented on July 10, 2016, at 1:25 p.m., a vehicle registered to the violator was travelling southbound 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 July 21, 2016. He submitted an evidence pack to Mr. Stokes. Mr. Stokes and Ms. Desinor viewed the video and still images. Ms. Desinor did not think she ran the light. She asked if she could take it to court and learned she could. Mr. Stokes advised she had to take her record to court. 2 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 9, 2017 Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Arlene Kramer Thompson Notice No. 1851600241421 Officer Petriello commented on October 11, 2016, at 6:51 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach 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 Mr. Stokes and had a video and still images to play. Mr. Stokes and Ms. Thompson viewed the video and still images. Ms. Thompson did not dispute her daughter ran the light. She had lent her daughter her car because the daughter said her car was damaged. Ms. Thompson received the ticket in the mail and spoke to the daughter about it, emailed it to her and mailed it to her. She also spoke with her daughter's husband. The daughter advised she would take care of the issue, but then Ms. Thompson received a second notice of violation which was forwarded to the daughter. The car Ms. Thompson lent the daughter was a leased vehicle which has to be returned to the dealer in December in pristine shape. Ms. Thomspon received excuses from the daughter and then she learned the car had some damage that needed to be fixed. By the end of November, she took the car from the daughter, took it to the shop and paid $1,500 to get it fixed. The daughter did not think she had to pay the tickets. Ms. Thompson advised the daughter ran the light, but she did not think she should be punished. Her daughter lied to her. Mr. Stokes noted Ms. Thompson did enter an affidavit naming Jessica Costanza as the driver and both times the affidavit was denied. On both cases, there was insufficient information to move forward and the driver's license number was missing. Ms. Thompson did not know what her license number was. Mr. Stokes explained they may be able to match the name and number to a driving record. Ms. Thompson provided Officer Petriello with the sequence of names the daughter had used. Mr. Stokes asked Officer Petriello if they should table the case to a later date. Officer Petriello inquired if Ms. Thompson asked if she contacted her daughter and asked her for her driver's license number and learned the daughter would not give it to her. She did not believe she would be forthcoming as she is spiteful. Mr. Stokes explained he could either adjudicate the case and Ms. Thompson could get the money back from the daughter, or he could table the case to next month to allow Ms. Thompson to get additional information. If so, staff will send her the notice. The City had no objections. 5 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 9, 2017 Decision Mr. Stokes continued this case and Notice No. 1851600246859 to a future hearing date and Ms. Thompson will work with the Police Department to get the information. If they cannot verify the information, he advised the issue could return to Ms. Thompson. William Lyons Notice No. 1851600208214 Officer Petriello conveyed on August 12, 2016, at 10:04 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, Officer Petrielio issued notice of violation on September 1, 2016. He submitted the evidence pack to Mr. Stokes. Messrs. Stokes and Lyons viewed the video and still images. Mr. Lyons advised he was following the flow of traffic and did not look at the light. The light was red. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. J. Scott Martin Notice No. 1851600025212 Anthony Verrigni, Traffic Infraction Enforcement Officer, explained on January 14, 2016, at 2:35 p.m., a vehicle registered to the violator was travelling southbound on Congress Avenue at Woolbright Road in the number one left turn lane. After a review of the electronic evidence and photographs, a notice of violation was issued on February 3, 2016. He submitted an evidence pack to Mr. Stokes. Messrs. Stokes and Martin viewed the video and stili images. Mr. Martin noted the vehicle had a Massachusetts license plate and not a Florida license plate. He had spoken with Ms. Mills who provided him with the identification number because he had not quite moved here, he was new in town. Mr. Martin commented he could have hired someone to represent him if he had the case number as he could not review the video. He advised he was able to review it with Sergeant Hawkins earlier during the hearings. He commented there is a spray truck with lights flashing and a lot of confusion. The spray truck is in a turn lane, but it went straight. Mr. Martin was behind him and tried to go around and be cautious. He thought if he went faster, he may not have been cited. There was a lot of confusion. By the time he looked up he was .4 seconds behind. He explained it was a legitimate mistake. L� Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 9, 2017 Officer Petriello noted the vehicle was to the right and it had no bearing on the matter because when roadwork is done, motorists have to be more cautious. Mr. Stokes appreciated the testimony, but noted there was a full five second yellow light which would have given him time to stop. Mr. Martin was in back and did not see the light until he turned. He contended the truck should not have been in that lane. Decision Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Mr. Martin explained the address was wrong which he updated. Brunon, Kryger Notice No. 1851600200880 Officer Petriello related on August 3, 2016, at 7:46 p.m., a vehicle registered to Palm Beach County Board of County Commissioners was travelling northbound on N. Congress Avenue at W. Boynton Beach Boulevard in the number five lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on August 18, 2016. On September 26, 2016, the Palm Beach County Board of County Commissioners submitted an affidavit naming Brunon Kryger as the driver. He reprocessed the notice of violation and sent it to Mr. Kryger on September 30, 2016. He submitted the evidence to Mr. Stokes. Messrs Stokes and Kryger viewed the video and still images. Mr. Kryger explained if it was his personal vehicle, he would have paid the fine. He has been a bus operator for 15 years and during that time, has had no accidents. He is operating a 600 series bus which was taken out of commission; however, he noted older buses are difficult to stop. The average stop time is about six seconds and the light is four seconds. His personal vehicle weighs five thousand pounds, which he could stop in time, but the bus, when fully loaded is 44,000 pounds and takes 6 to 7 seconds to stop at 40 mph. He advised the Congress Avenue bus route is a full route. Even though he goes through the intersections daily, he safely operates the bus 99.99 percent of time. His issue was with the company and by receiving the notice of violation, if found guilty, will face a one -day suspension and the infraction will stay on his record for two years. Considering he has an excellent driving history, he commented the notice of violation is personal to him. He could not bring a fully loaded bus to a complete stop in four seconds at 40 miles per hour without causing injury to the passenger. He could have made an emergency stop, but would have caused people to fall and be hurt. Mr. Stokes noted operating a common carrier has a heightened liability if these buses take six to seven second stops because there are no lights in the County that are that long. Mr. Stokes has ridden in buses where it was standing room only and even on a regular stop, it is hard to keep ones footing. 7 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 9, 2017 Decision Mr. Stokes saw no reason why the citation should not be upheld, but noting this route was full and had standing passengers, he dismissed the case. Robert Joseph MacFarland Notice No. 1851600173954 Officer Verrigni mentioned on June 27, 2016, at 5:13 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at N. Congress Avenue in the number three lane. After a review of the electronic evidence and photographs, Officer Verrigni issued a notice of violation on July 13, 2016. He submitted the evidence pack to the court and had a video and still images to play. Messrs. MacFarland and Stokes viewed the evidence. Mr. MacFarland noted Officer Verrigni indicated the vehicle was white, but his vehicle was black. Officer Verrigni clarified there was a typo on his read off sheet. The color of the vehicle was correct on the violation. Mr. MacFarland indicated he was in Miami, with multiple friends visiting and their sons, who were at his house must have taken the car for a joy ride. Mr. MacFarland got a ticket in the mail. He called and spoke with the teenagers and no one remembered anything. Mr. Stokes did not dispute Mr. MacFarland was in Miami. Mr. MacFarland commented his car was stolen because it was taken without his knowledge. Mr. Stokes noted it was not reported stolen. Mr. MacFarland commented he would have, if he would have known it ran a red light. When he returned home, the car was back in the driveway. There were three boys and one girl. Mr. Stokes explained he was restricted by the Statute and accepted that Mr. MacFarland was not present, but explained the Statute says if they cannot identify the driver, then it goes to the vehicle owner and the owner is responsible. Mr. MacFarland differed. Mr. Stokes explained had he made a police report, they could have identified the driver. Mr. MacFarland commented the violation occurred months ago. Mr. Stokes thought if tasked to investigate a crime with only three names, it is a dream case to investigate. Decision Mr. Stokes explained the vehicle went through the light and the owner is responsible. Based on the Statute, he upheld the violation and assessed a fine of $243, which is to him. If not paid, he cannot reregister the vehicle. The following violators were not present: 0 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 9, 2017 Kevin Raynard Bell Notice No. 1851600133214 Officer Verrigni noted on May 5, 2016, at 11:22 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at Seacrest Boulevard in the number one left turn lane. After a review of the electronic evidence, Officer Verrigni issued a notice of violation May 26, 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. Laura Lee Chapman Notice No. 1851600180827 Officer Verrigni indicated on June 26, 2016, at 1:15 p.m., a vehicle registered to the violator was travelling northbound on Federal Highway at SE 23rd Avenue in the number three straight lane. After a review of the electronic evidence, Officer Verrigni issued a notice of violation on July 13, 2016. He submitted the evidence pack to Mr. Stokes and had a video and still images to play which Mr. Stokes viewed. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days. Patsie Hyacint Coke Notice No. 1851600198506 Officer Petriello mentioned on July 31, 2016, at 5:05 p.m. a vehicle registered to the violator was travelling northbound on South 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 August 11, 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. Keshia Lazette Davis Notice No. 1851600190628 Officer Petriello commented on July 20, 2016, at 7:15 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 Petriello issued a notice of violation on July 28, 2016. He submitted the evidence pack to Mr. Stokes who viewed the video and still images. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida February 9, 2017 Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 payable in 30 days. Tranee Arnesia Fields Notice No. 1851600207976 Officer Verrigni conveyed on August 12, 2016, at 6:07 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at N. Seacrest Boulevard in the number one left turn lane. After a review of the electronic evidence, Officer Verrigni issued a notice of violation on August 30, 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. Debra Ann Serino Notice No. 1851600202308 Officer Petriello related on August 5, 2016, at 12:42 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, Officer Petriello issued a notice of violation on August 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. 5. Other business 6. City requests and reports 7. Local Hearing Officer There being no further business, Mr. Stokes adjourned the hearings at 10:40 a.m. a J A Catherine Cherry Minutes Specialist 10