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Minutes 01-12-17MINUTES OF , CAMERA HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA, ON THURSDAY, JANUARY 12,2017, AT 9 A.M. James Stokes, Special Magistrate Anthony Petriello, Traffic Infraction Enforcement Officer Anthony Verrigni, Traffic Infraction Enforcement Officer Amanda Shepaum, Boynton Beach Police Officer 1. Call to order by Local Hearing Officer, James D. Stokes James Stokes, Special Magistrate, called the hearings to order at 9:10 a.m. and explained he is a neutral third party appointed to administer these hearings. He advised the program imposes a violation against the vehicle because the vehicle was observed at a camera going through a red light. He knows nothing about the case and has not seen anything prior to the hearing. He explained the monitors are linked together and all will see the same thing at the same time. The Officer will hand him a packet of papers which were also sent to the violator. The reason people are present is because they are the registered owners of the vehicle and the first name, if multiple names are listed on the registration, gets the notice of violation. If not driving, the owner has to identify the driver by name. A common defense is someone says I have a company car, or three teenage drivers, it could be any one of them. Sometimes the owners have proof they were not in the area. If the owner cannot identify the new driver by name so they can redirect the citation to the driver, then it goes to the vehicle owner. If the vehicle went through the light, the owner is responsible. Mr. Stokes also advised they see a lot of U-turns and it is not legal on a red light. Even if they do not enter the intersection it is not legal. Mr. Stokes announced the information because the fine structure is set by Statute, and he only has flexibility in one situation. The original violation is $158. When asked for a hearing, the Statute provides for a $50 administrative fee with the new total reaching $208. If holding a hearing, a court cost can be added up to $250. The Boynton Beach City Commission set the hearing cost at $35 which Mr. Stokes follows. He only has the flexibility not to impose the $35 hearing fee before the hearing takes place. All are entitled to a hearing and due process. If one wants to change their mind, they can change their plea. He requested anyone wanting to do so come to the front of the Chamber. All have 30 days to pay. People can pay the cashier or mail the payment. If not paid, no points are assessed on the driving record and there are no license suspensions, but a hold is put on the registration and they cannot renew the car registration until paid. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 12, 2017 2. Amendments to the Agenda: None. 3. Approval of Minutes: September 22, 2016; October 13, 2016 and October 27, 2016 Mr. Stokes approved the minutes. 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 The following individuals pled: Carlo Jay Cardarelli Tyquarius Tyrone White Sirazul Islam Talukdar Gisselle Karina Bustinza Savannah Marie Aroyo Dwane Joseph Musser Notice No. 1851600155605 Notice No. 1851600148923 Notice No. 1851600177484 Notice No. 1851600149269 Notice No. 1851600192004 Notice No. 1851600140870 Amanda Shepaum, Boynton Beach Police Department, explained on May 12, 2016, at 9:09 a.m., a vehicle registered to the violator was travelling northbound on Congress Avenue at W. Woolbright Road in lane number five. After a review of the electronic evidence a notice of violation was issued on June 6, 2016. She submitted the evidence pack with a CD for all videos and pictures for all cases being heard today to Mr. Stokes who accepted the evidence. Messrs. Stokes and Musser viewed the video and still images. Mr. Musser commented he is a pilot with United Airlines. He was on his way to Hong Kong and was in the air. His son was getting married and he had 15 or 20 vehicles at his home and he had three vehicles for people to use. He had receipts and trip itinerary identifying when he was gone. Mr. Stokes explained he had advised before, without having the driver identified, the violation goes back to the registered owner, and he pays the car bill. The wedding was over by the time he got the violation. He had asked the officer if there was a picture of the driver to identify who it was. Mr. Stokes explained some states have two cameras. Florida deemed it an invasion of privacy so the Legislature decided not to take a picture of the car's interior leaving the violation to the owner. Mr. Stokes requested he note it is not a moving violation; it was like a parking ticket. 021 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 12, 2017 Decision Based on the evidence, Mr. Stokes upheld the violation and gave 30 days to pay. If Mr. Musser can find out who was driving, they can pay him back. The fine was $243 payable in 30 days. George Henry Luthin Notice No. 1851600189414 Officer Shepaum announced on July 19, 2016, at 11:14 a.m., a vehicle registered to the violator was travelling northbound on Federal Highway at SE 23`d Avenue in the number one lane. After a review of the electronic evidence, a notice of violation was issued on July 27, 2016. She had an evidence pack she submitted to the court. Messrs. Stokes and Luthin viewed the video and still images. Mr. Luthin commented it was his birthday. He made a U-turn because he heard an ambulance behind him and he wanted to get out of the way. Mr. Stokes noted the law in Florida is to pull over to the right and stop. Decision Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Mr. Luthin objected indicating drivers cannot pull over to the right when they are in the left lane. Mr. Stokes inquired if he had copies of the call sheet. Mr. Luthin responded he did not think he would need evidence. Mr. Stokes explained they hear about a phantom ambulance at every hearing. Mr. Stokes assessed a fine of $243, and cautioned Mr. Luthin to remain quiet or the fine would increase to $258. Mr. Luthin requested Mr. Stokes restate his name and disagreed with Mr. Stokes. Mr. Stokes explained the court cost will be up to $50, plus a fine of $258 payable in 30 days. Mr. Luthin asked how far up the fine could increase and asserted he swore under oath the ambulance was approaching from behind. He objected to Mr. Stokes indicating it was a phantom ambulance. Mr. Stokes explained he ran a red light. Mr. Luthin contested indicating he made a u - turn. Mr. Luthin was escorted out of the Chamber. Mr. Stokes announced the court cost was $100, for a total of $308 payable in 30 days. Mr. Luthin would receive the order in the mail. Mr. Stokes explained to all this is a courtroom and he will direct the officer to arrest the next person who acts like Mr. Luthin. Mr. Stokes acknowledged no one likes to get a ticket, but Mr. Luthin had 5.5 seconds and he should have stopped. He explained arguing back and forth would not accomplish anything. 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 12, 2017 Tasheem Ahamad Alam Notice No. 1851600193002 Anthony Petriello, Traffic Infraction Enforcement Officer, commented on July 24, 2016, at 12:46 p.m., a vehicle registered to the violator was travelling northbound on N. Congress Avenue at W. Boynton Beach Boulevard in the number five lane. After a review of the electronic evidence, a notice of violation was issued on August 3, 2016. He submitted an evidence pack to Mr. Stokes. Messrs. Stokes and Alam viewed the video and still images. Mr. Alam contested the violation based on the calibration of the camera and when it was last serviced. Mr. Stokes explained they usually calibrate the cameras each night and in this instance it was done at 2:21 a.m. the day of the violation. Mr. Alam viewed the calibration. Decision Mr. Stokes upheld the violation and assessed a fine payable in 30 days. Lewis B. Lefkowitz Notice No. 1851600187129 Officer Shepaum conveyed July 16, 2016, at 5:20 a.m., a vehicle registered to the violator was travelling westbound on Gateway Boulevard at N. Congress Avenue in the number two lane. After a review of the electronic evidence, a notice of violation was issued on July 22, 2016. She submitted an evidence pack to Mr. Stokes. Messrs. Stokes and Lefkowitz viewed the video and still images. Mr. Lefkowitz commented when he got the pictures it was too dark and he could not see the car. He did not remember going through the light and there is a signal to make a left turn. A police officer who works out at the gym at Gateway and Congress told him it is a faulty light and to attend the hearing. Mr. Stokes explained the car went all the way past the cross walk and was in the intersection. Decision Mr. Stokes upheld the violation and gave 30 days to pay. Virginia M. Macias Notice No. 1851600184175 Officer Shepaum advised on July 12, 2016, at 9:19 a.m., a vehicle registered to the violator was travelling northbound on Congress Avenue at W. Woolbright Road in the number two lane. After a review of the electronic evidence, a notice of violation was issued on July 21, 2016. She submitted an evidence pack to Mr. Stokes. Mr. Stokes and Ms. Macias viewed the video and still images. 4 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 12, 2017 Ms. Macias said she could not see in front of the truck. She turned and followed the truck and saw the light flash. Mr. Stokes noted that was one reason they have multiple lights. When motorists are so close behind a high profile vehicle, drivers should slow down to avoid driving blindly. She was a full second late on the light. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine payable in 30 days. Harvey Madoff Notice No. 1851600197052 Officer Petriello mentioned on July 29, 2016, at 6:25 p.m., a vehicle registered to the violator was travelling southbound 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 August 5, 2016. He submitted an evidence pack to Mr. Stokes. Messrs. Stokes and Madoff viewed the video and still images. Mr. Madoff recalled the light was amber. He thought the two cars were making a right turn and he had to stop so he would not get in an accident with the two cars heading south. He commented he had a disinterested third party who was with him, although he was not present at the hearing. If he went through the red light, then he has no defense at all. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine payable in 30 days. Rosalia Russo Freehan Notice No. 1851600168376 Officer Shepaum indicated on June 19, 2016, at 3:10 p.m., a vehicle registered to the violator was travelling northbound on 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 July 6, 2016. She submitted and evidence pack to Mr. Stokes. Ms. Freehan and Mr. Stokes viewed the video and still images. Ms. Freehan explained it was a bad day and visibility was poor. By the time she realized the light was amber she was afraid to stop as she felt she would skid and cause an accident. It was human error. Mr. Stokes understood, but pointed out it was an opportunity to slow down. She was .4 seconds late and other drivers could have jumped the light. Decision 5 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 12, 2017 Mr. Stokes upheld the violation and assessed a fine payable in 30 days. Alredo Uribe Notice No. 1851600178599 Officer Petriello for Officer Verrigini explained on July 4, 2016, at 11:49 a.m., a vehicle registered to the violator was travelling northbound on S. Federal Highway and SE 23rd Avenue in the number two lane. After a review of the electronic evidence a notice of violation was issued on July 19, 2016. After he reviewed the notice of violation, he concurred with Officer Verrigini's decision to issue a violation. He submitted the evidence pack to Mr. Stokes. Messrs. Stokes and Uribe viewed the video and still images. Mr. Uribe commented he started working in this area and was unfamiliar with the area. He has four citations at the same intersection and he hoped to be able to make payments. There was agreement to defer Mr. Uribe's cases to later in the meeting. Janet Carol Pringle Notice No. 1851600191758 Officer Shepaum conveyed on July2 2, 2016, at 1:06 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, a notice of violation was issued on July 29, 2016. She had an evidence pack to submit to the court. Mr. Stokes and Ms. Pringle viewed the video and still images. Ms. Pringle had no comment. Decision Mr. Stokes upheld the violation and assessed a fine giving 30 days to pay. Shontavea Latriva Lucky Notice No. 1851600156496 Officer Shepaum commented June 4, 2016, at 3:24 p.m., a vehicle registered to the violator was travelling southbound on Congress Avenue at W. Woolbright Road in the number one lane. After a review of the electronic evidence, a notice of violation was issued on June 10, 2016. She submitted the evidence pack to Mr. Stokes. Mr. Stokes and Ms. Lucky viewed the video and still images. She could not see behind the bus and she noted there were a few cars behind her that proceeded. She explained she went with the flow of traffic and was paying attention to the other lane. Mr. Stokes explained there were multiple lights. She was making a U- turn when it was yellow. Mr. Stokes explained she had five seconds before the light turn red. Decision Mr. Stokes upheld the violation and gave 30 days to pay. X Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 12, 2017 Michael Robert Clair Notice No. 1851600186919 Officer Shepaum advised July 15, 2016, at 12:11 p.m., a vehicle registered to the violator was travelling westbound on Woolbright at S. Congress Avenue in the number one lane. After a review of the electronic evidence, a notice of violation was sent on July 22, 2016. She submitted the evidence pack to Mr. Stokes. Messrs. Clair and Stokes viewed the video and still images. Mr. Clair could not dispute the video, but wondered if he would present more of a danger if he stopped. He thought the light was amber at the time. There was no oncoming traffic. Mr. Stokes understood, but the issue was whether he should have entered the intersection. Mr. Clair felt the question was if it was better to just continue, or slam on the brakes which could have created more of a hazard. Mr. Stokes noted he was travelling 14 miles an hour and there was one car length between him and the next vehicle. There has to be some cut off point. The cut off is which side of the limit line the vehicle is on when the light turns red. He thought he had plenty of time to stop. The Statute sets the fine. Mr. Stokes explained if the citation was issued by an Officer, he would go to court as they have flexibility. Decision Mr. Stokes upheld the violation and gave $30 days to pay or make an appeal to the court. They will want a copy of the recording and all the documents. A three judge panel reviews the record. They will want to know any arguments made here at this hearing, so it can be preserved. He commented they have to file in person. They do not always have oral arguments, but have to have it filed at the courthouse. There is a filing fee. Kenneth Richard Hall Notice No. 1851600196765 Officer Petriello recalled on July 29, 2016, at 2:18 p.m., a vehicle registered to the violator was travelling southbound on NW 8th at W. Boynton Beach Boulevard in the number three lane. After a review of the electronic evidence, a notice of violation was issued on August 5, 2016. He submitted the evidence pack to Mr. Stokes. Messrs. Stokes and Hall viewed the video and still images. Mr. Hall thought the light was yellow. He did not make his turn and stopped because he did not want to go through, but it felt like he was locked in the intersection. He did not know how it showed he made a left turn. He moved over to the through lane and there was no north or southbound traffic and he entered the shopping center from 8th Street. Mr. Stokes inquired if Mr. Hall was recalling a different day. This had his brake lights on. When it was red he moved over to the through lane and went southbound on 8th Street. He felt he did not violate making the turn and he moved over and went through. 7 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 12, 2017 Decision Based on the evidence, Mr. Stokes upheld the violation. He advised he was a full four seconds late on the light and Mr. Hall had 30 days to pay the fine. Yanmei Shi Notice No. 1851600157312 Officer Shepaum indicated on June 5, 2016, at 2:37 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at Seacrest Boulevard in the number two lane. After a review of the electronic evidence, a notice of violation was sent June 15, 2016. She submitted an evidence pack to Mr. Stokes. Mr. Stokes and Ms. Shi viewed the video and still images. Ms. Shi requested a break. She acknowledged she went through the light. Yanmei Shi Notice No. 1851600162486 Officer Shepaum mentioned on June 12, 2016, at 5:07 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at Seacrest in the number three lane. After a review of the electronic evidence, a notice of violation was sent on June 22, 2016. She submitted the evidence pack to Mr. Stokes. Mr. Stokes and Ms. Shi viewed he video and still images. Mr. Stokes noted the violations occurred at the same location and were a week apart. He asked if Ms. Shi stops at the intersection now. She explained she was in a hurry and thought she could make it through the yellow. Mr. Stokes admonished she ran both lights both times. She drives very carefully now and learned her lesson. Decision Mr. Stokes waived the court costs for each case and assessed a fine of $208 for each case. Mr. Stokes revisited the Uribi case. Sergeant Hawkins advised he dismissed Notice No. 1851600178599.. Decision Mr. Stokes dismissed Notice No. 1851600178599. Sergeant Hawkins advised Mr. Uribe is taking the plea for Notice No's.: 1851600176007,1851600184357, and 1851600185348. Mr. Stokes took a brief recess at 10:48 a.m. and reconvened the meeting at 10:54 a.m. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 12, 2017 The violators for the following cases were not present: Sonia Etienne Notice No. 1851600156330 Officer Shepaum commented on June 4, 2016, 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 a notice of violation was issued on June 10, 2016. She submitted an evidence pack to submit to Mr. Stokes. 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. Sandra T. Hinsey Notice No. 1851600187624 Officer Shepaum recalled on July 16, 2016, at 4:02 p.m., a vehicle registered to the violator was travelling eastbound on W. Woolbright Road at SW 8tr' Street in the number one lane. After a review of the electronic evidence, a notice of violation was issued on July 25, 2016. She submitted the evidence pack to Mr. Stokes who viewed the video and still images. Mr. Stokes viewed the evidence Decision Based on the video and still photos, Mr. Stokes upheld the violation and assessed a fine of $258. Douglas R. Johnson Notice No. 1851600182831 Officer Shepaum indicated on July 19, 2016, at 9:18 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, a notice of violation was issued on July 21, 2016. She submitted an evidence pack and played the video and still images which Mr. Stokes viewed. 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 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida January 12, 2017 9. Adjournment There being no further business, Mr. Stokes adjourned the meeting at 10:58 p.m. ,r L", 4JI.-) Catherine Cherry Minutes Specialist 10