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Minutes 02-12-20 Minutes of the Red-Light Camera Hearings Held in Commission Chambers, Intracoastal Park Clubhouse 2240 N. Federal Highway, Boynton Beach, Florida on Wednesday, February 12, 2020, at 9 a.m. Present: James Stokes, Special Magistrate Anthony Verrigni, Boynton Beach Traffic Infraction Enforcement Officer Anthony Petriello, Boynton Beach Traffic Infraction Enforcement Officer Sunny Surajbally, Boynton Beach Police Officer Bridgette Jones, Boynton Beach Traffic Infraction Enforcement Officer Gwen Mills, Hearing Clerk 1. Call to Order by local Hearing Officer, James D. Stokes At 9:04 a.m., the Honorable James Stokes introduced himself and explained he is the Special Magistrate and a neutral third party. He goes all over the State and he was appointed by the City to hear these cases. The hearing process falls under Florida Statute that allows for the Red-Light Cameras. It is a comprehensive program that sets out fines and all the fees that come after the violation notice. The initial fine was $158. If a hearing is requested, it added $50 to the fine. Once the individual is sworn in, there is a hearing fee of$35. Mr. Stokes explained people come up to the podium who have not seen their video and he encouraged all to do so prior to testifying. Mr. Stokes explained the infraction is not a moving violation. If the driver is found guilty, insurance rates are not impacted, nor are any points added to anyone's driving record. It is a civil violation against the car. The car ran the light, and the owners are present because they own the car. That is why the statute provides if the owner was not driving and they know who was, they can redirect the violation notice to the named person. Rental agencies send the notice to the person who rented the car. Mr. Stokes explained if the owner knows who was driving, they can let the officers know at the hearing so they can redirect to the actual driver. If the owner does not know who was driving, such as if it was a company car, a family with multiple drivers, or even if they were away and they cannot identify the driver, the statute mandates Mr. Stokes set aside the driver issue aside, review the evidence, and determine if the car ran the light. Only the registration will be held if the fine is not paid within the allotted 30-day time period specified by the Statute. No warrants will be issued if the fine is not paid. Mr. Stokes also explained they also see people who think they can make a U-turn on a red light. He announced it is not lawful to do so. Since Mr. Stokes advised the Red- Light Camera's have been upheld all the way up to the Supreme Court and as a Magistrate, he has no authority to change the program. If someone wants to challenge the program, they can challenge it here and appeal it up the channel. He explained the cases will be heard in the order of the sign-in sheet. He explained has not seen anything. All the monitors are set up and linked to Mr. Stokes computer and the screens and all will see the same thing at the same time. Hearing Minutes Red Light Camera Hearings Boynton Beach. Florida February 11, 2020 2. Amendments to the Agenda 3. Approval of Minutes 4. Swear in witnesses The Minutes Specialist administered an oath to all those intending to testify. 5. Violation Hearings: Failure to comply with a steady red signal Donald Robert Berman Notice No. 1851900262069 Officer Verrigini, Traffic Infraction Enforcement Officer, advised on October 16, 2019, at 2:28 p.m., a vehicle registered to the violator was travelling northbound on Congress Avenue at Woolbright Road in the number five lane. After he reviewed the electronic evidence, a Notice of Violation was issued on November 8, 2019. He had an evidence pack containing a video and still images for this case and all cases being heard today, which he submitted to Mr. Stokes. Mr. Stokes accepted the evidence and explained what he received is what they received in the mail. The packet contains the original notice, request for a hearing, the registration and where DMV shows the owner resides, calibration on the cameras which are all tested each night to ensure the lights were operational. The calibration reports for the cameras the night before and the night after are included. Messrs. Stokes and Berman viewed the evidence. Mr. Berman thought it was a mechanical error because if there was a red light, there were no other cars sitting at the red light in either lane. Both lands did not have any red cars. He thought if the light was red, other cars would be lined up next to him. It was unusual to him there were no other cars. Mr. Stokes appreciated the position, but explained he cannot always account for traffic flow. The light was yellow before he got there. Mr. Stokes reviewed the video a second time and noted cars in the opposite are also stopping. It must have been a light traffic day Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of$243, payable in 30 days. Mr. Stokes advised the Order will be sent in the mail, but staff could print it out immediately if needed. Stanley Glazer Notice No. 1851900274601 2 Hearing Minutes Red Light Camera Hearings Boynton Beach. Florida February 11, 2020 Officer Surajbally commented on October 28, 2019, at 5:05 p.m. a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at Seacrest Boulevard in lane two. After a review of the electronic evidence, the Notice of Violation was issued on November 21, 2019.The red-light time was .8 seconds. He had an evidence packet with a video and still images to play. Messrs. Stokes and glazer viewed the evidence. Mr. Glazer commented he was unaware of the ticket. He was following the truck who used his directional turning left. He tried to avoid an accident and the truck turned right. The light was green all the way approaching the intersection. Mr. Stokes understood as sometimes people are behind high-profile vehicles. When the light turned red, the truck was in the right lane and he was in the left. Mr. Stokes noted there would have been time to stop. Based on the distance, it was not even a close call Decision Mr. Stokes upheld the violation and assessed a fine of$243. Lesley Ann Silverman Notice No. 1851900290425 Ms. Silverman explained her husband Jerry was present as he was the driver and he stated his name was Jerome Louis Silverman. Officer Jones stated on November 16, 2019, at 11:36 a.m., a vehicle registered to the violator was travelling southbound on NW 8t" Street at W Boynton Beach Boulevard in lane two. After a review of the electronic evidence, a Notice of Violation was issued on December 9, 2019. The red-light time was 3.5 seconds. She had an evidence pack with video and still images. Messrs. Stokes and Silverman viewed the evidence. Mr. Silverman explained until he saw the close up, he could not tell the light changed at all. Mr. Silverman mentioned if watching his car approaching, the tractor trailer in front of him obstructed the light and he could not see the light change, but traffic kept moving so he did. The person on the straight lane to his right, turn left and cut him off. Mr. Stokes commented if you are behind a high-profile vehicle, they are driving too close and they have to obey traffic signals. Mr. Stokes thought there was plenty of distance between his vehicle and the truck, but acknowledged the car did make an illegal lane change, but if he had stopped when he was supposed to, there would have been no conflict between him and the illegally turning vehicle. Decision Based on the everything he sees here, Mr. Stokes upheld the violation and assessed a fine of$243. Thomas Edward Reilly Notice No. 1851900291613 3 Hearing Minutes Red Light Camera Hearings Boynton Beach. Florida February 11, 2020 Officer Surajbally indicated on November 17, 2019, at 5:21 p.m., a vehicle registered to the violator was travelling northbound on Federal Highway at SE 23rd Avenue in lane two. After a review of the electronic evidence and photographs, a Notice of Violation was issued on January 11, 2019. He had an evidence pack with a video and still images to play. Messrs. Stokes and Reilly viewed the evidence. Mr. Reilly did not dispute the car committed a violation., but asserted he was not driving the vehicle and he should not have to pay the violation. He drives for a living. He understood the traffic, but came here today to ask for forgiveness, he is applying for a high security position with homeland security and such a violation would disqualify him for the position. Mr. Stokes explained it is the vehicle and it is a civil violation that does not go against his personally. Decision Mr. Stokes explained the vehicle went through the light, but he has to uphold the violation. If paid, there is no record of it other than at the City of Boynton Beach, and it is not on his driving record. If it comes up, how would he explain it. His option is to pay the fine or appeal it. Jennifer Kramer Notice No. 1851900263489 Officer Verrigini advised on October 17, 2019, at 5:10 p.m., a vehicle registered to the violator was travelling southbound on Federal Highway at SE 23rd Avenue in the number one left-turn lane. After a review of the electronic evidence, Officer Verrigini issued a Notice of Violation on November 8, 2019. He had an evidence pack with video and CD. Messrs. Stokes and Ms. Kramer viewed the evidence. Ms. Kramer said it looked like she was going through the turn as the light changed from yellow to the red. Mr. Stokes noted there was the full 4.1 yellow light and then 3/10s of second while the light was red, which is a violation. There was not much wiggle room. She was able to go through the red, but she had to make a decision to stop short or continue so she would not get rear ended. Mr. Stokes viewed the video again. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of$243. Martin Wiescholek Notice No.1851900255121 Mr. Wiescholek explained he did not dispute the violation. He sent in the affidavit in time and received a letter back saying there was insufficient information. He contacted customer service, but they told him the driver does not reside in the US and because of that, he is still at fault. The driver does not have a US license. 4 Hearing Minutes Red Light Camera Hearings Boynton Beach. Florida February 11, 2020 Decision Mr. Stokes advised he cannot redirect the citation. Mr. Stokes took him at his word and dismissed it. The following individuals pled: Rose Andre Jean Notice No. 1851900259768 Paul Francis Ludlow Notice No. 1851900305488 Nancy Elizabeth Mariano Notice No. 1851900229803 Myrtle Penn Roy Notice No. 1851900269643 Derrick Waters Notice No. 1851900271375 Juillele Jean Baptiste Estime Notice No. 1852000006927 Oriel Ignatius Ebanks Notice No. 1851900280442 Justin Gabriel Gainer Notice No. 1851900238754 Bobby Levi Hunter Notice No. 1851900263893 John Francis Mahon Notice No. 1851900290920 Stop and Go Distribution Notice No. 1851900238135 Joan Arroyo Notice No. 1851900280889 Kevin David Heller Notice No. 1851900254116 Eric Daniel Frey Notice No. 1851900235289 Ana Maria Lewis Notice No. 1851900253365 The following case was reset: Jose Fidel Caraballo Notice No. 1851900280020 The following individuals were not present for their hearings: Tiffany Bernadin Notice No. 1851900231726 Officer Jones noted on September 12, 2019, at 3:36 p.m., a vehicle registered to the violator was travelling on N Congress Avenue at W Woolbright Road in lane two. After a review of the electronic evidence, a Notice of Violation was issued on October 2, 2019. The red-light time was .8 seconds She had an evidence pack with video and still images to present. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of$258. Florencia Valentina Guillenea Denis Notice No. 1851900271292 Officer Jones explained on October 25, 2019, at 5:55 p.m., a vehicle registered to the violator was travelling on NW 8t" Street at W Boynton Beach Boulevard in lane two. 5 Hearing Minutes Red Light Camera Hearings Boynton Beach. Florida February 11, 2020 After a review of the electronic evidence, the Notice of Violation was issued on November 18, 2019. The red-light time was 1 second. She had an evidence pack with a video and still images to present. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of$258. Marcel Ogenio Notice No. 1851900249850 Officer Jones conveyed on October 3, 2019, at 11:19 a.m., a vehicle registered to the violator was travelling northbound on Federal Highway at SE 23rd Avenue in lane two. After a review of the electronic evidence, a Notice of Violation was issued on October 24, 2019. The red-light time was 1.5 seconds. She had an evidence pack with video and still images to present. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of$258. Lincoln Property Co. Notice No. 1851900244166 Officer Petriello indicated on September 26, 2019, at 3:29 p.m., a vehicle registered to the violator was travelling southbound on NW 8t" Street at W Boynton Beach Boulevard in lane two. After a review of the electronic evidence, a Notice of Violation was issued on October 16, 2019. The red-light time was .9 seconds. He had a video and still images to show. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of$258. Roosevelt Parker Jr. Notice No. 1851900194361 Officer Petriello conveyed on July 31, 2019, at 2:25 p.m., a vehicle registered to the Phyllis Parker Hill was travelling eastbound on Boynton Beach Boulevard at N Seacrest in lane two. After a review of the electronic evidence, a Notice of Violation was issued on October 18, 2019. On October 15, 2019, it was learned, through a Uniform Traffic Citation review, that Phyllis Parker Hill died on October 24, 2015. A transfer of liability was done on October 15, 2019, to the second registered owner, Roosevelt, Parker Jr. and a Notice of Violation was issued to him on October 16, 2019. Officer Petriello had an evidence pack. Mr. Stokes did not see a request for hearing from Roosevelt Parker Jr.'s request for an administrative hearing. He looked for the transfer of liability, but the testimony explained the notice was sent to the first registered owner being deceased. Officer Petriello saw a hearing request on the last page of the five-page evidence 6 Hearing Minutes Red Light Camera Hearings Boynton Beach. Florida February 11, 2020 packet. Mr. Stokes noted he had the notification letter, but not the request. Mr. Stokes thought it was fine due to the notification. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of$258. He was given notice of the haring. Robena Pierre Notice No.1851900241295 Officer Petriello stated on September 23, 2019, at 12:54 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, the Notice of Violation was issued on October 15, 2019. The red-light time 1.3 seconds. He had an evidence pack with video and still images which Mr. Stokes viewed. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of$258. Rosheda Mashay Baker Notice No. 1851900222790 Officer Surajbally explained on August 31, 2019, at 6:21 a.m., a vehicle registered to the violator was travelling eastbound on W Woolbright Road at SW 8t" Street in lane four. After a review of the electronic evidence, the Notice of Violation was issued on September 18,2019. The red-light time was 1.8 seconds. He had an evidence pack with video and still images, which Mr. Stokes viewed. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of$258. Ken Granville Jarvis Notice No. 1851900237228 Officer Surajbally testified on September 18, 2019, at 4:41 p.m., a vehicle registered to the violator was travelling eastbound on W Woolbright Road at Congress Avenue in lane three. After a review of the electronic evidence, a Notice of Violation was issued on October 10, 2019. The red-light time was .8 seconds. He had an evidence pack with video and still images, which Mr. Stokes viewed. Decision Based on the evidence Mr. Stokes upheld the violation and assessed a fine of$258. Louis Philippe Rodriguez Notice No.1851900291159 7 Hearing Minutes Red Light Camera Hearings Boynton Beach. Florida February 11, 2020 Officer Surajbally indicated on November 17, 2019, at 2:40 a.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at Seacrests Boulevard in lane three. After a review of the electronic evidence, the Notice of Violation was issued on December 11, 2019. The red-light time was .5 seconds. He had an evidence pack with video and still images, which Mr. Stokes viewed. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of$258. Prince Steevens Exume Auguste Notice No. 1851900254850 Officer Verrigini indicated on October 8, 2019, at 7:34 p.m., a vehicle registered to the violator was travelling westbound on Woolbright Road at S Congress Avenue in the number four straight lane. After a review of the electronic evidence, Officer Verrigini issued a Notice of Violation on November 1, 2019. He had an evidence pack with a video and still images to present, which Mr. Stokes viewed. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of$258. Prince Steevens Exume Auguste Notice No. 1851900248720 Officer Verrigini mentioned on October 1, 2019, at 9:30 p.m., a vehicle registered to the violator was travelling westbound on Woolbright Road at S Congress Avenue in the number four straight lane. After a review of the electronic evidence, a Notice of Violation was issued on October 24, 2019. A video and still images were submitted. Mr. Stokes viewed the evidence. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of$258. Carol Lynn Davis Notice No. 1851900264479 Officer Verrigini recalled on October 18, 2019, at 8:13 p.m., a vehicle registered to the violator was travelling northbound on Congress Avenue at W Boynton Beach Boulevard in lane four. After a review of the electronic evidence, a Notice of Violation was issued on November 8, 2019. He had an evidence pack and still images, which were presented. Mr. Stokes viewed the evidence. Decision 8 Hearing Minutes Red Light Camera Hearings Boynton Beach. Florida February 11, 2020 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 8. Adjournment There being no further business before the court, Mr. Stokes adjourned the court at 10:11 a.m. Catherine Cherry Minutes Specialist 9