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Minutes 03-23-17MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA, ON THURSDAY, MARCH 23, 2017, AT 9 A.M. 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 Mr. Stokes called the hearings to order at 9:00 a.m. He introduced himself and explained he has no association with the City of Boynton Beach. He was appointed to preside over the hearings and is a neutral hearing officer who hears these cases all over the State. He advised the violation is not a moving violation and it will not result in points on anyone's license. Insurance rates will not increase nor will anyone's license be suspended. It is a civil offense against the vehicle. Often there is a company car with six employees, or teenagers living at home involved. As the registered owner, or the first name on the registration, the owner receives the notice. If the owner was not driving the vehicle, there was an affidavit included with the notice that could be completed and returned so the Police Department can redirect the violation to the driver. If the owner could not identify the driver, the decision to be made is did the vehicle go through the light and if so, the violation falls back to the owner. If not paid, a hold will be placed on the vehicle registration. Another misconception is that U-turn's are legal. Mr. Stokes explained he is a magistrate and not a judge. He noted the legality, or the constitutionality of the program has been challenged throughout the State, and so far Appellate courts have ruled the program is legal. The Boynton Beach program is run properly. If anyone wanted to challenge the program, he could not make a ruling. They would have to do so in court and they will ask the person if they went through the administrative hearing. Mr. Stokes advised he will allow people to make their record. Any violations that are upheld have to be paid or appealed within 30 days. If not paid within 30 days, a hold is put on the registration. The fines are set by Statute. The original notice imposed a fine of $158. If the violator requests a hearing, a hearing fee of $50 is added. If a hearing is held and a violation is found, the fine can be up to $250; however, the City estimated the cost to run the hearing is about $35 per case. If someone holds the hearing and is found guilty, the total fine is $243. If anyone wanted to change their plea before the hearing would save the court costs of $35. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida March 23, 2017 Mr. Stokes requested anyone wanting to change their plea come to the front of the Chamber. He explained the order is usually mailed, unless someone wants to wait for it to be printed. Mr. Stokes noted the City Commission ended the program as of December 31St. The hearing is being held because the violations occurred prior to the program ending and the City was clearing its backlog. Mr. Stokes explained the laptop controls the video and monitors. All will see the same thing at the same time. He knows nothing about the cases. The Police Department will submit a packet to him as part of the case containing the notice of violation and registration information. This is the first time he is seeing the information that is part of the record. 2. Amendments to the Agenda None. 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. a. Officer Shepaum cases are to be done first. Michael S. Torelli Notice No. 1851600180678 Amanda Shepaum, Boynton Beach Police Officer, explained on July 6, 2016, at 7:40 p.m., a vehicle registered to the violator was travelling northbound on S. Federal Highway at SE 23r Avenue in the number three lane. After a review of the electronic evidence, a notice of violation was issued on July 20, 2016. She submitted the evidence pack to Mr. Stokes and had a video and still images to play for this case and all videos and still images for all the hearings. Messrs. Stokes and Torelli viewed the video and still images. Mr. Torelli was told, if the violation was within a second, it may be alright. His car is old and his brakes were not the greatest. If he braked, it may be more of a danger to him and those around him. Mr. Stokes explained the yellow light is four seconds which is stopping time as well. E Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida March 23, 2017 Decision Based on the video, still images and testimony, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Ebony Clarese Dixon Notice No. 1851600190099 Officer Shepaum mentioned on July 20, 2016, at 11:13 a.m., a vehicle registered to the violator was travelling southbound on S. 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 July 27, 2016. She submitted the evidence pack to Mr. Stokes. Mr. Stokes and Ms. Dixon viewed the video and still images. Ms. Dixon explained she was willing to pay the fine, but had to renew her tag on Tuesday and she did not get paid until the 8t . Mr. Stokes explained she went through the light. He noted her birthday is on a Tuesday and she has 30 days to pay. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine. He advised she has 30 days to pay or until the tag is renewed. Bartolo Perez Rivera Notice No.1851600161173 Officer Shepaum commented on June 10, 2016, at 5:30 p.m., a vehicle registered to the violator was travelling northbound on N. Congress Avenue and E. Gateway Boulevard in the number three lane. After a review of the electronic evidence, a notice of violation was issued on June 22, 2016. She submitted the evidence pack to the court and had a video and still images to play. Mr. Rivera was not present. Mr. Stokes viewed the evidence. Decision Mr. Stokes advised Mr. Rivera was given notice of the hearing and failed to show.. He was proceeding in absentia with no defense. Mr. Stokes upheld the violation and assessed a fine of $258. Nancy Cash Rajer Notice No. 1851600168608 Officer Shepaum conveyed on June 20, 2016, at 3:26 p.m., a vehicle registered to the violator was travelling eastbound on W. Boynton Beach Boulevard at N. Congress Avenue in the number five lane. After a review of the electronic evidence, a notice of violation was issued on July 6, 2016. She submitted the evidence pack to the court and had a video and still images to play. Mr. Stokes viewed the evidence. Ms. Rajer was not present. 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida Decision March 23, 2017 Mr. Stokes announced the vehicle owner requested the hearing and failed to show. He upheld the violation and assessed a fine of $258. At 9:43 a.m., Mr. Stokes recalled this case as Ms. Rajer arrived late to the hearing. Officer Shepaum who was involved in this case was under subpoena for another event and had to leave so her cases were heard first. Mr. Stokes vacated his order and reset the case. A new hearing notice will be sent in the mail. Randy Randeli Ramnarce Notice No. 1851600168947 Officer Shepaum indicated on June 20, 2016, at 10:24 p.m., a vehicle registered to the violator was travelling northbound on N. 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 the evidence pack to the court and had a video and still images to play. Mr. Ramnarce was not present. Mr. Stokes viewed the video and still images. Decision The evidence pack showed the owner requested the hearing and got the notice, but did not show. Mr. Stokes upheld the violation and assessed a fine of $258. Joseph Michael Randazzo Notice No. 1851600164037 Officer Shepaum recalled on June 14, 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 the number two lane. After a review of the electronic evidence, a notice of violation was issued on June 24, 2016. She submitted the evidence pack to the court and had a video and still images to play. Mr. Randazzo was not present. Mr. Stokes viewed the evidence. Decision Mr. Stokes noted the evidence shows the owner requested hearing and received notice of the date and time and failed to show. Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Deborah Ann Wallace Notice No. 1851600141886 Officer Shepaum relayed on May 16, 2016, at 5:29 p.m., a vehicle registered to the violator was travelling eastbound on W. Woolbright Road at S. Congress Avenue in the number four lane. After a review of the electronic evidence, a notice of violation was 0 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida March 23, 2017 issued on June 6, 2016. She submitted the evidence pack to the court and had a video and still images to play. Ms. Wallace was not present. Mr. Stokes viewed the evidence. Decision Mr. Stokes advised the evidence showed the owner requested the hearing, received the notice with the date and time and failed to show. Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Colson Zulmar Notice No. 1851600164854 Officer Shepaum mentioned on June 15, 2016, at 4:42 p.m., a vehicle registered to the violator was travelling northbound on N. Congress Avenue at W. Boynton Beach Boulevard in the number three lane. After a review of the electronic evidence, a notice of violation was issued on June 27, 2016. She submitted the evidence pack to the court and had a video and still images to play. Mr. Zulmar was not present. Mr. Stokes viewed the evidence. Decision Mr. Stokes commented the evidence showed the owner requested the hearing, was notified of date and time and did not appear. Mr. Stokes upheld the violation and assessed a fine of $258. Sheri Elise Viggiano Notice No. 1851600251701 Anthony Petriello, Traffic Infraction Enforcement Officer, explained on October 27, 2016, at 11:13 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 photographs, Officer Petriello issued a notice of violation on November 21, 2016. He submitted an evidence pack to Mr. Stokes and had a video and still images to play. Mr. Stokes and Ms. Viggiano viewed the evidence. Ms. Viggiano explained she was on her way to a luncheon to benefit breast cancer, started sneezing and was trying to keep her eyes on the cars around her. When she got through the light, she realized she went through it. She explained this was her first motor vehicle incident and she asked for leniency. Mr. Stokes understood she had a good driving record, but noted she could have been hit. He understood distractions occur, but they are opportunities to be more cautious. The evidence was very clear, and based on the statute he had limited options. Decision Mr. Stokes upheld the violation and assessed a fine of $243. 5 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida Ralph G. Hall March 23, 2017 Notice No. 1851600244656 Officer Petriello recalled on October 17, 2016, at 8:57 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, Officer Petriello issued a notice of violation on November 14, 2016. He submitted the evidence pack and had a video and still images to play. Messrs. Stokes and Hall viewed the evidence. Mr. Hall testified he took his eyes off the light to ensure he could safely make his left hand U-turn as people were also making a right hand turn. Mr. Stokes advised he should have realized the red light was coming as the light was yellow for 4.5 seconds. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Gary Jay Leonard Notice No. 1851600222231 Officer Petriello advised on September 2, 2016, at 2:16 p.m., a vehicle registered to the violator was travelling southbound on S. Congress Avenue and W. Gateway Boulevard in the number four lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on September 23, 2016. He submitted the evidence pack to Mr. Stokes and had a video and still images to play. Messrs. Stokes and Leonard viewed the evidence. Mr. Leonard commented the violation was not blatant or willful and drivers get to the point of no return when they are driving and doing the speed limit. He has a clean driving record and had to make a quick judgment call. Mr. Leonard explained he has been at the same job for 35 years, and any fine will be a financial burden. He felt accidents happen when people blatantly speed. Mr. Stokes appreciated the testimony and the concept of point of no return, but noted the County extended the lights and the yellow lights are supposed to be a warning. Mr. Leonard commented he is rarely in Boynton Beach. He lives two miles from his job and he is used to the same lights and was conditioned how much time it takes to get through the intersection and when to make that call. He did not know if the light stayed yellow for the same amount of time as in West Palm Beach. Mr. Stokes explained the yellow lights are controlled by the County Traffic Engineer, based on the size of the road and traffic. Decision Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. [61 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida March 23, 2017 Glenn Greenberg Notice No. 1851600212158 Anthony Verrigni, Traffic Infraction Enforcement Officer, mentioned on August 17, 2016, at 3:50 p.m., a vehicle registered to the violator registered to Ian Holdings Rental Company was traveling northbound on South Federal Highway at SE 23rd Avenue in the number two straight lane. After a review of the electronic evidence, a notice of violation was issued on September 8, 2016. On September 12, 2016, Ian Holdings sent an affidavit naming Glenn Greenberg as the driver at the time of the violation. He processed the affidavit and sent a notice of violation to Mr. Greenberg on September 14, 2016. He had an evidence pack he submitted to Mr. Stokes and had a video and still images to play. Messrs. Stokes and Greenberg viewed the evidence. Mr. Greenberg explained his car was damaged in a sinkhole and he forgot he had a rental. He was driving the speed limit and the light was yellow. Mr. Stokes noted there was a four -second yellow light. Decision Mr. Stokes upheld the violation and assessed a fine payable in 30 days. The fine is $243. Mr. Greenberg asked what would occur if he could not come up with the payment. Mr. Stokes explained he could pay the fine at City Hall or he could pay online. Javier Antonio Rojas Julie Moore was present. Notice No. 1851600206432 Officer Petriello conveyed on August 10, 2016, at 6:50 p.m., a vehicle registered to Javier Rojas 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 September 19, 2016. He submitted the evidence pack to Mr. Stokes and had a video and still images to play. Mr. Stokes and Ms. Moore viewed the video and still images. Officer Petriello explained it looks like an out of state tag from Illinois. Ms. Moore advised it was a rental. Ms. Moore noted the light was green on the two lights in front of the vehicle and that was what made her think it was still green. She had dropped something and did not realize there was an arrow on the side. Mr. Stokes noted there are four lights and three lanes, but there were still two red arrows. The arrows are directly over those lanes and the green light is for the one lane for vehicles travelling straight. Ms. Moore advised the arrows were small. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243. 7 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida March 23, 2017 Melissa Lee Pirchio Notice No. 1851600226604 Ms. Pirchio wanted to transfer liability. Mr. Stokes explained there is a time limit to do so, but he has some leniency. He recommended she speak to the Officer. Melissa Pirchio announced on record under oath that Anthony Pirchio, Jr. was driving the car. She gave his date of birth on the record. Sharon Lea Mary Ann Cole Notice No. 1851600224435 Officer Petriello commented on September 7, 2016, at 11:52 a.m., a vehicle registered to the violator was travelling eastbound on E. Boynton Beach Boulevard at N. Seacrest Boulevard in the number two lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on September 28, 2016. He submitted the evidence pack and had a video and still images to play. Mr. Stokes and Ms. Cole viewed the evidence. Ms. Cole had no recollection of the violation or an explanation. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine payable within 30 days. Virginia Foster Jarmon Notice No. 185600249028 Officer Petriello mentioned on October 23, 2016, at 5:48 p.m., a vehicle registered to the violator was travelling northbound on S. Federal Highway at SE 23rd Avenue in the number three lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on November 17, 2016. He submitted the evidence pack to Mr. Stokes and had a video and still images to play. Mr. Stokes and Ms. Jarmon viewed the evidence. Ms. Jarmon accepted responsibility. Decision Mr. Stokes upheld the violation and assessed a fine payable in 30 days. Eric Fernandez Notice No. 1851600219393 Officer Petriello indicated on August 28, 2016, at 1:05 p.m., a vehicle registered to the violator was travelling northbound on S. Federal Highway at SE 23rd Avenue in the number one lane. After a review of the electronic evidence, Officer Petriello issued notice of violation on September 16, 2016. He submitted the evidence pack to Mr. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida March 23, 2017 Stokes and had a video and still images to play. Messrs. Stokes and Fernandez viewed the evidence. Mr. Fernandez was waiting to proceed as he saw a woman on a scooter trying to cross. He commented the woman was not in the frame. He made a decision to wait as she had to cross the street and he brought a witness with him. He was looking at her because she was crossing. Mr. Stokes thought stopping would have been safer than moving. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Tiffany Elaine Forbes Notice No. 1851600205871 Officer Petriello advised there is an affidavit and after he reads the testimony, he will show it. Officer Petriello indicated on August 10, 2016 at 10:681 a.m., a vehicle registered to Ruby Hernandez was travelling southbound on S. Federal Highway at SE 23 Avenue in the number three lane. After a review of the electronic evidence, a notice of violation was issued on August 26, 2016. On September 27, 2016, Ruby Hernandez sent in an affidavit naming Tiffany Forbes as the driver. He processed the affidavit and sent a notice of violation to Tiffany Forbes on October 3, 2016. He submitted an evidence pack to Mr. Stokes and before showing the video, wanted to speak with Ms. Forbes. Officer Verrigni spoke with Tiffany for a few moments in regard to the affidavit filed by her friend, Ruby The defendant borrowed the car for approximately an hour. The woman who submitted the affidavit was not sure she was driving it at that time, which she stated. Mr. Stokes noted she signed an affidavit under oath she was driving. Ms. Forbes explained she had a flat tire and a flight later that day. She borrowed the car for a business appointment from 9 a.m. to 10 a.m. She cannot say under oath honestly if she had the car. Timeline wise, 10 a.m. did not make sense. She picked her up and they switched vehicles. In her discussions with Ms. Hernandez, Ms. Hernandez was unsure of who was driving and Ms. Forbes was unaware the fine was $200. She did not know what the process was. Mr. Stokes explained he was inclined to strike the affidavit and direct the City to recite the violation, but he was bothered she submitted an affidavit when she was not sure. Decision Mr. Stokes dismissed the case. The violators for the following cases were not present: X Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida Leveny Murat Corioland March 23, 2017 Notice No. 1851600234681 Officer Petriello mentioned on September 28, 2016, at 11:42 a.m., a vehicle registered to the violator was travelling eastbound on W. Gateway Boulevard at N. Congress Avenue in the number four lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on October 20, 2016. He submitted the evidence pack 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. Tristan John Pa Maloney Notice No. 1851600239441 Officer Petriello conveyed on October 7, 2016, at a 8:29 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 November 2, 2016. He submitted the evidence pact: 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. David Wayne Necaise Notice No. 1851600223114 Officer Petriello recalled on September 4, 2016, at 1:53 p.m., a vehicle registered to the violator was travelling southbound on N. Congress Avenue at W. Gateway Boulevard in number one lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on September 26, 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. Loraine Vincent Shinholster Notice No. 1851600158435 Officer Petriello relayed on June 7, 2016, at 8:37 a.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, Officer Petriello issued a notice of violation on June 15, 2016. He submitted the evidence pack to Mr. Stokes who viewed the video and still images. 10 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida Decision March 23, 2017 Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258 Christian Andrew Silva Notice No.1851600213057 Officer Petriello explained on August 18, 2016, at 5:16 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, Officer Petriello issued a notice of violation on September 12, 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. Manuel E. Silva Notice No. 1851600200633 Officer Petriello mentioned on August 3, 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 one lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on August 18, 2016. He submitted the evidence pack to the court and had a video and still images to play. Mr. Stokes viewed the evidence. It was noted FPL was working at the location. Decision Mr. Stokes upheld the violation and assessed a fine of $258. Shirley Mae Taylor Notice No. 1851600236454 Officer Petriello commented on October 1, 2016, at 9:50 a.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, Officer Petriello issued a notice of violation October 27, 2016. He submitted the evidence pack to Mr. Stokes who viewed the video and still images. Decision Mr. Stokes upheld the violation and assessed a fine of $258. Shirley Mae Taylor Notice No. 1851600236512 Officer Petriello indicated on October 1, 2016, at 11:57 a.m., a vehicle registered to the violator was travelling westbound on W. Gateway Boulevard and N. Congress Avenue 11 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida March 23, 2017 in the number two lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on October 27, 2016. He submitted the evidence pack to Mr. Stokes who viewed the video and still images. Decision Mr. Stokes upheld the violation and assessed a fine of $258. Shirley Mae Taylor Notice No. 1851600241017 Officer Petriello explained on October 11, 2016, at 9:33 a.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, 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. Ms. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Alicia Gabriel Vidot Notice No. 185600211457 Officer Petriello mentioned on August 16, 2016, at 5:10 p.m., a vehicle registered to the violator was travelling eastbound on E. Boynton Beach Boulevard at N. Seacrest Avenue in the number one lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on September 8, 2016. He submitted an evidence pack to Mr. Stokes 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. Cheryle A. Berger Ms. Berger had changed her plea. 6. Other business 7. City requests and reports Notice No. 1851600213545 8. Local hearing officer requests and reports 12 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida 9. Adjournment March 23, 2017 Mr. Stokes adjourned the meeting at 10:46 p.m. Catherine Cherry Minutes Specialist 13