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Minutes 03-09-17MINUTES OF THE RED LIGHT CAMERA HEARINGS HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA, ON THURSDAY, MARCH 9, 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 9:05 a.m. Mr. Stokes explained he is a neutral third party appointed to hear these cases and he knows nothing related to the cases. The videos are controlled by a laptop connected to three other monitors and all will see the same thing at the same time. He will be handed an evidence packet which was also sent to the violator along with the information related to the vehicle. He noted some of the same issues come up at the hearings. He is not a judge. As a magistrate, his authority is from the Statute that authorizes the cameras and his authority is limited to making a determination if the light was red before the vehicle went through the intersection. The original fine on the notice was $158. When the hearing was requested, it added $50 and those fees are payable only if found in violation. The court cost is a sliding scale up to $250, but the City determined the cost is about $35 per case, which for the most part, he follows. There is nothing he could do about the $158 or the $50 fees. Once the hearing starts, the court cost attaches. The infraction is against the vehicle and the registered owner receives the violation notice. If not driving, the owner has to identify the driver by name and driver's license number so the Police Department can redirect the notice to them. Often individuals have proof they were not driving, but have multiple teenage drivers in the home. If the driver cannot be identified, Mr. Stokes sets the driver issue aside and determines if the vehicle created the violation. If so, he upholds the violation notice, but the registered owner is responsible for it and Mr. Stokes will make a finding. Another common defense is making a U-turn. He noted U-turns are not legal even if not entering the intersection. Mr. Stokes commented sometimes people want to challenge the constitutionality of the program. He noted it has been challenged and the current state of the law is the program is legal. If wanting to challenge the program, the violator will have to go to the courthouse, but they must first exhaust their administrative rights and one will need to take the transcript to court as it is incorporated by reference. American Traffic Solutions provides the cameras and data. They were present in October 2015 and were cross examined how the program works. Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida March 9, 2017 Since the violation is against the vehicle, it does not suspend one's driver's license, affect insurance or add points to anyone's drivers' license. The fine must be paid within 30 days. If not paid in 30 days, a hold is placed on the vehicle registration. Mr. Stokes requested anyone wanting to change their plea come to the front of the Chamber and an officer will take their name. If they want a hearing, they will hear all cases based on the order of the sign in sheet. The following individuals changed their plea: Berly, Cynthia G. Cardentey, Sara Fleites, Jatniel Goldberg, Ruth Helfrich, William Richard Kassiotis, Angela V Lenescar, Ghislaine Lynch, Sara Jane Mckin, Joshua Dwight Moreland, Robert C. Muller, Dayle Rene Parker, Ronald Petrusyk, Bridget 2. Amendments to the Agenda 3. Approval of Minutes 4. Swear in of witnesses Notice No. 1851600223205 Notice No. 1851600204429 Notice No. 1851600204429 Notice No. 1851600229616 Notice No. 1851600224419 Notice No. 1851600206770 Notice No. 1851600196294 Notice No. 1851600207349 Notice No. 1851600207745 Notice No. 1851600201516 Notice No. 1851600212067 Notice No. 1851600174119 Notice No. 1851600208727 The Clerk administered an oath to all those intending to testify. Losla Myrthil Notice No. 1851600186295 Amanda Shepaum, Boynton Beach Police Officer, announced on July 15, 2016, at 7:58 a.m. a vehicle registered to the violator was travelling eastbound on E. Gateway Boulevard at N. Congress Avenue. After a review of the electronic evidence, a notice of violation was issued on July 22, 2016. She submitted an evidence pack of the case and had video and images to play as well as a CD with the video and images for all the cases being heard today to the court. Mr. Stokes and Ms. Myrthil viewed the video and still images. Ms. Myrthil explained she was on Congress and Gateway and it is a busy intersection. Sometimes cars get stopped in the middle of the intersection because the cars go on I- 95. They always stop slowly and she could not move. She could back up, but the car behind her stopped from the light and she was in the middle of the intersection so she 2 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida moved. Mr. Stokes noted there was no one in front or behind her. Ms. Myrthil commented there were plenty of cars behind her. Mr. Stokes reviewed the video a second time. Mr. Stokes thought she was thinking of another day. Based on the video, she was 2.5 seconds late after a five second yellow light. She described her situation, and commented the car stopped slowly. She stopped her car and was moving 20 mph to go east. Decision Based on the evidence presented, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Carmen Delia Baez Notice No. 1851600210707 Anthony Petriello, Traffic Infraction Enforcement Officer, advised on August 15, 2016, at 7:21 a.m., a vehicle registered to the violator was travelling eastbound on W. Woolbright Road at SW 8th Street in the number two lane. After a review of the electronic evidence and photographs, Officer Petriello issued a notice of violation on September 7, 2016. He submitted the evidence pack to the court and had a video and still images to play. Mr. Stokes and Ms. Baez viewed the evidence. Ms. Baez advised she worked there for five years and the intersection was under construction and the mornings are very congested. She did not realize she went through the yellow light. She would like to take it to the West Palm Beach courthouse. Mr. Stokes looked at the video and still images and noted she was 3/10ths of a second late according to the data, but the video clearly showed the light was red before she crossed the limit line.. Decision Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. He advised she had to appeal it within the 30 days. Pietro Papaleo Notice No. 1851600204098 Officer Petriello explained on August 7, 2016, at 2:55 p.m., a vehicle registered to the violator was travelling northbound on S. Federal Highway at SE 23�d Avenue in the number three lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation August 25, 2016. Officer Petriello had an evidence pack and video he presented to Mr. Stokes. Messrs. Stokes and Papaleo viewed the video and still images. 3 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida March 9, 2017 Mr. Papaleo advised he wanted to appeal. Decision Based on the still photograph and other evidence and testimonial evidence, Mr. Stokes upheld the violation and assessed a fine of $243 payable within 30 days and or appealable within 30 days. John Kennedy Harris Notice No. 1851600234392 Officer Petriello commented on September 27, 2016, at 7:17 p.m., a vehicle registered to the violator was travelling southbound on NW 8th Street at W. Boynton Beach Boulevard in the number one lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on October 20, 2016. He submitted an evidence pack and had a video and still images to play. Messrs. Stokes and Harris viewed the video and still images. Mr. Harris noted there were cars making a left-hand turn and there were other two cars; one to his right and another in front of him. One was slowing to go into the 7-11 which caused him to be cautious. He expressed when people know there are cameras at the intersections, they try to speed up to try to beat the camera, which he did not do. He was trying to avoid the other drivers. He was past the line and the light was still yellow. He asked Mr. Stokes to lower the fine as it is too expensive; otherwise he will retain an attorney. Mr. Stokes reviewed the video and showed Mr. Harris his vehicle. Decision Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Mr. Harris advised Mr. Stokes was not flexible with anyone. Mr. Stokes responded it is not a negotiation and he seen violations that were much closer. Mr. Harris wanted the fine reduced. Phyllis M. Blanchard Notice No. 1851600188937 Sergeant Hawkins recommended the case be dismissed. Decision Mr. Stokes dismissed the case at the request of the City. Church of Jesus Christ Apostolic, Inc. Notice No. 1851600211275 Officer Petriello conveyed on August 16, 2016, at 3:13 p.m., a vehicle registered to the violator was travelling eastbound on W. Boynton Beach Boulevard at N. Congress 0 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida March 9, 2017 Avenue in the number four lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on September 8, 2016. He submitted the evidence pack to the court and had a video and still images to play. Mr. Stokes and Minister Wesley Coke viewed the video and still images. Minister Coke pled not guilty and advised he has been driving church vehicles since 1973 and when he drives, he drives carefully as there are people in the van. There was no way he would consciously run through a red light. He thought the camera may not be working at the time of the violation. When the light is yellow, he stops immediately as there are passengers in the vehicle. Mr. Stokes appreciated the caution and concern for his passengers. He asked if anyone else drives the van and learned one other person drives the van, but he was pretty sure he drove the van himself. Mr. Stokes believed him, but the video was clear, the van was still a full second late on the light. Minister Coke advised it would be out of character for him to run a light. Only time he had an accident was in New Jersey in the morning. Never got a ticket. When he sees yellow he has to stop. Mr. Stokes explained he had to acknowledge the evidence. Decision Mr. Stokes upheld the violation and assessed a fine of $158 payable or appealed in 30 days. Benino John Mendella Notice No. 1851600232503 Officer Petriello explained on September 23, 2016, at 1:07 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, Officer Petriello issued a notice of violation on October 17, 2016. He submitted the evidence pack to the court and had a video and still images to play. Messrs. Mendella and Stokes viewed the video and still images. Mr. Mendella thought the light was amber. He pointed out his brake lights were on. He got to the point he was just about to make his left turn, but just went too far. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $243, payable in 30 days. Steven Edward Weintraub Notice No. 1851600225655 Officer Petriello recalled on September 9, 2016, at 2:54 p.m., a vehicle registered to the violator was travelling southbound on S. Congress Avenue at W. Gateway Boulevard in 61 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida March 9, 2017 the number two lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on October 3, 2016. He submitted an evidence pack to the court and had a video and still images to play. Messrs. Stokes and Weintraub viewed the video and still images. Mr. Weintraub asked for a representative of the camera company to affirm if the camera was correctly operating. Mr. Stokes explained no one from ATS was present, but they were present and testified for about a half an hour in October 2015. The transcript is available which Mr. Stokes takes judicial notice of at each hearing. He explained to Mr. Weintraub if he wanted a witness, it would be his responsibility to have the witness at the hearing. Mr. Weintraub commented the video shows he entered the intersection at about 24 mph. Apparently he was looking forward as driving in the direction with no indication of who was driving behind him or how close they were. At 24 mph, if he would have braked, he would have potentially had an accident being hit from behind if a car was travelling close to him, but he was looking forward which is the prudent thing. He noted page 22 of the Florida Drivers Handbook, regarding a light indicates one should "stop if you can safely do so. It is extremely dangerous to be in an intersection when the light turns red." He advised he was doing nothing other than following directions in Florida State Handbook, page 22. He contended he has done nothing wrong. Mr. Stokes explained if that was a defense to a red light, no one would have to stop at red lights ever because there are always vehicles behind them. Mr. Weintraub did not address he was 6/10ths of a second on the red light, there was a full five second yellow light that was supposed to be a warning to stop which was to signal to him and drivers behind him they should slow down to stop. Decision Based on the information and the law, Mr. Stokes upheld the violation and assessed a fine of $243 payable in 30 days. Mr. Weintraub requested clarification regarding the 6/10s of a second and learned that was how long the light was red before he entered the intersection. Mr. Weintraub commented it is a criminal offense. Mr. Stokes explained one tenth of a second is a vehicle violation. Mr. Stokes explained Mr. Weintraub ignored the five full seconds yellow light and then 6/10s of a second beyond that. Mr. Weintraub commented he did not think it was right. Arthur Lewis Nelkin Notice No. 1851600182310 Mr. Nelkin noted this incident occurred last fall. He received the citation in January and then the hearing notice in March. He expressed he has a right for a speedy trial and he requested a dismissal. Mr. Stokes advised the laws regarding speedy trial applied to n Meeting Minutes Red Light Camera Hearings Boynton Beach,Florida• 2017 criminal matters and this is administrative. His wife received a violation notice and just paid it, but he did not feel that way. Officer Petriello advised on July 9, 2016 at 1:39 p.m., a vehicle registered to the violator was travelling eastbound on W. Gateway Boulevard at N. Congress Avenue 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 and had a video and still images to play. Mr. Nelkin did not have his notice present with him but thought the incident occurred further south from Gateway. Officer Petriello corrected the location was southbound Congress Avenue and W. Woolbright Road. Mr. Nelkin requested a dismissal. Officer Petriello explained he made an error on his notes. Mr. Stokes pointed out the notice of violation that was introduced and accepted says Congress and Woolbright Road. Mr. Nelkin asked if Officer Petriello testimony did not count. Mr. Stokes explained he clarified his testimony when Mr. Nelkin raised the issue. Mr. Nelkin asked if it would have been dismissed if the point was not raised and learned it would not. Messrs. Stokes and Nelkin viewed the video and still images. Officer Petriello showed him the before and after pictures of him going through the light. The time lapse is 9/10 of a second after the light turned red and other was 2.3 seconds after the light turned red. Mr. Nelkin went back to the intersection and stood on the northeast corner of Woolbright and Congress after he got the violation and saw the camera flash before the red, fractionally. There is no way to verify the information because the program is over. He did not receive the notice until after the cameras were removed. He maintained he was not guilty of going through a red light. Mr. Stokes understood, but explained the cameras are real time cameras and they pull the images in the various stages of entering the intersection. They take a lot of pictures of vehicles that turnout not to be violations. Mr. Nelkin felt ATS does not maintain the cameras, they only install them and collect the money American Traffic Solutions does not maintain the cameras. They install the cameras and collect the funds. Mr. Nelkin saw the flash before the light turned red and if so he is not guilty. Mr. Stokes explained if the picture was taken before the light turned red, the light would not be red in the picture. The light is red in the picture. Mr. Stokes appreciated the defenses and asked if he had anything else to add about the speedy trial to make a record. Decision Based on the evidence just on the violation Mr. Stokes upheld the violation and denied Mr. Nelkins motion to dismiss for the speedy trial. He assessed a fine of $243 payable in 30 days. 7 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida March 9, 2017 Chide Naille Molse Notice No. 1851600167667 Officer Shepaum reported on June 19, 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 two lane. After a review of the electronic evidence, a notice of violation was issued on July 1, 2016. She submitted an evidence pack to the court and had a video and still images to play. Mr. Stokes and Ms. Moise viewed the evidence. Ms. Moise requested 90 days to pay instead of 30 days. Mr. Stokes explained the Statute only allows 30 days, and if not paid by then, the fine attaches to the registration. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $208 payable in 30 days. The violators for the following cases were not present: Tenay Ladawn Bates Notice No. 1851600223312 Officer Petriello mentioned on September 5, 2016, at 6:42 a.m., a vehicle registered to the violator was travelling southbound on N. Congress Avenue at W. Gateway Boulevard in the number one lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on September 26, 2016. He had an evidence pack to submit to the court and a video and still images to play. The red light time was 20.3 seconds. Mr. Stokes viewed the evidence Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Giancarlo Bland Notice No. 1851600223981 Officer Petriello noted on September 6, 2016, at 5:27 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 September 28, 2016. He submitted an evidence pack 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. E Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida March • , 2017 Mirlenia Soannel Difo Notice No. 1851600203751 Officer Petriello mentioned on August 6, 2016, at 11:54 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, Officer Petriello issued a notice of violation on August 25, 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. Brian Jude George Notice No. 18516000205137 Officer Verrigni, Traffic Infraction Enforcement Officer, advised on August 9, 2016, at 9:45 a.m., a vehicle registered to the violator was travelling northbound on S. Federal Highway at SE 23`d Avenue in the number two lane. After a review of the electronic evidence, Officer Verrigni issued a notice of violation on August 25, 2016. He submitted the 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 payable in 30 days. Ralph Diaz Gerard Notice No. 1851600200930 Officer Petriello commented on August 3, 2016, at 9:29 a.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, Officer Petriello issued a notice of violation on August 18, 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. Igor Golebiowski Notice No. 1851600220607 Officer Petriello mentioned on August 30, 2016, at 9:50 a.m., a vehicle registered to the violator was travelling northbound on S. Federal Highway at SE 23`d Avenue in the number two lane. After a review of the electronic evidence, Officer Petriello issued a 9 Meeting Minutes Red Light Camera Hearings Boynton Beach, Florida March 9, 2017 notice of violation on September 21, 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 Lynora Hutchin Indiviglio Notice No. 1851600219658 Officer Verrigni conveyed on August 28, 2016, at 8:32 a.m., a vehicle registered to the violator was travelling southbound on NW 8t" Street at W. Boynton Beach Boulevard in the number one lane. After a review of the electronic evidence, Officer Verrigni issued a notice of violation on September 16, 2016. The evidence pack and video and still images were presented to the court. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of $258. Padric William Kramer Notice No. 1851600234962 Officer Petriello noted on September 28, 2016, at 8:08 p.m., a vehicle registered to the violator was travelling southbound on N. Congress Avenue at W. Gateway Boulevard in the number one lane. After a review of the electronic evidence, Officer Petriello issued a notice of violation on October 20, 2016. He submitted an 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. Lynette Shanita Miller Notice No. 1851600197813 Officer Petriello advised on July 30, 2016, at 3:18 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 August 10, 2016. He submitted an 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. `R Meeting Minutes Red Light Camera Hearings Boynton each, Florida March 9, 2017 Shanita Lynette Miller Notice No. 1851600170216 Officer Shepaum indicated on June 22, 2016, at 3:39 p.m., a vehicle registered to the violator was travelling east on E. Boynton Beach Boulevard at N. Seacrest Boulevard in the number one lane. After a review of the electronic evidence, a notice of violation was issued on July 7, 2016. She had an evidence pack to submit to the court and 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. Katie June Lo Rohe Notice No. 185600205962 Officer Petriello announced on August 10, 2016 at 12:26 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, Officer Petriello issued a notice of violation on August 26, 2016. He submitted an evidence pack to the court and had a video and still images to play. Mr. Stokes reviewed the evidence. 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 hearings at 10:48 a.m. r Ua Catherine Cherry ; Minutes Specialist 11