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Minutes 03-11-20 Minutes of the Red-Light Camera Hearings Held in Commission Chambers, Intracoastal Park Clubhouse 2240 N. Federal Highway, Boynton Beach, Florida on Wednesday, March 11, 2020, at 9 a.m. Present: James Stokes, Special Magistrate Gwen Mills, Hearing Clerk Philip Hawkins, Boynton Beach Police Sergeant Anthony Verrigni, Boynton Beach Traffic Infraction Enforcement Officer Anthony Petriello, Boynton Beach Traffic Infraction Enforcement Officer Bridgette Jones, Boynton Beach Traffic Infraction Enforcement Officer Sunny Surajbally, Boynton Beach Police Officer Vincent Mastro, Boynton Beach Police Officer Dennis Castro, Boynton Beach Police Officer Lawrence Rini, Boynton Beach Police Officer 1. Call to Order by Local Hearing Officer James D. Stokes At 9:03 a.m., Sergeant Hawkins explained the Red-Light Camera program and pointed out three District Court of Appeals have ruled the program is legal. Boynton Beach is the only City in the county that has the program, but the program is operational elsewhere in the state. The program has cut violent crashes in half and they are now at an all-time low. He advised Tallahassee makes the fine schedule and not the City. He recommended all review their videos before testifying before the magistrate. The fine was originally $158, but when people appealed, the fine increased and is now $208. He advised the fine cannot be waived. If individuals want to plead guilty, they can do so and leave and their order will be sent in the mail. If the fine is not paid in 30 days, the owners will not be able to renew their vehicle registration. Mr. Stokes explained Sergeant Hawkins provided valuable information. If the fine is not paid, a hold on the vehicle registration is enacted. The reason why the State did this, is because the infraction is not a moving violation. If found guilty, there will be no points on the record, insurance rates will not increase, nor will one's drivers' license be suspended. It is a civil violation against the car, not the owner. If the car was used by someone else, they can identify who was driving and the Police Department will redirect the citation. Mr. Stokes adjudicates if the car went through the light, and if so, as the vehicle's owner, the owner has to pay the fine. The fine schedule is set by statute and he has no flexibility to adjust it. When the hearing was requested, an administrative fee of$50 was added. Once sworn in, there is a hearing fee on a sliding scale of up to $200, but the City set it at $35 per case. He likes to inform all about this now, so they can change their mind. If the owner can identify the driver, the citation can be redirected. At each hearing, someone says I was not driving, and don't know who was, Mr. Stokes sets the driver issue aside and has to decide if the car committed a violation. Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida March 11, 2020 People also think they can make a U-turn on a red light. He explained motorists can make a right turn if the light is green and not prohibited by a sign, but they can never make a left-hand U-turn even if they squeeze around and do not enter the intersection box. Mr. Stokes explained he does not work for the City. He is a hearing officer and arbitrator throughout the State. He has no relationship or involvement with the City, except that he is the designated hearing officer. The City will present their case first. They will give him a package which is all the information the owners already received. The information provides the camera's calibration. All cameras are calibrated every night and the form has the calibration before and after to show if the camera is working. They will show a video and still photographs, which he views. After the City presents its case, then the owners can present. That is also why he wants all to see their video. All will see the same thing at the same time 2. Amendments to the Agenda None. 3. Approval of Minutes None. 4. Swear in of witnesses The Minutes Specialist administered an oath to all those intending to testify. 5. Violation Hearings: Failure to comply with a steady red signal Christopher C. Ramdeo Notice No. 18512000007131 Officer Petriello, Traffic Infraction Enforcement Officer, explained on December 17, 2019, at 7:53 a.m., a vehicle registered to the violator was travelling eastbound on Gateway Boulevard at N. Congress Avenue in lane two. After a review of the electronic evidence and photographs, Officer Petriello issued a Notice of Violation on January 8, 2020. He had an evidence packet to submit along with videos and evidence for all the cases. Messrs. Stokes and Ramdeo viewed the evidence. Mr. Ramdeo explained when he went over the crosswalk and reviewed the video with officer Rini, the frame said the light was red for .04 seconds. It almost looks like the bumper is over the crosswalk behind, he did not think a reasonable judge could say definitively within that time frame he ran the light. He had his daughter in the car and did not want to abruptly brake. 2 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida March 11, 2020 Mr. Stokes appreciated the testimony and explained the still photographs are not always as accurate as the video which are in real time. He also had a full five seconds yellow light, and he had plenty of warning to prepare to stop. His concern for daughter is warranted and it was less than a half a second. His philosophy is yellow lights are there for a reason and he knows people ignore them. He had 5.5 seconds to warn him the light was getting ready to change, which was plenty of warning and he was clearly behind the stop bar according to the video. Decision Mr. Stokes upheld the violation and assessed a fine of$243. Juliette Mathurin Notice No. 1851900279584 Officer Verrigini, Traffic Infraction Enforcement Officer, commented on November 3, 2019, at 6:23 a.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at N. Congress Avenue in the number five straight lane. After a review of the electronic evidence and photographs, Officer Verrigini issued a Notice of Violation on November 22, 2019. He had a video and images to present to the court and an evidence pack. Mr. Stokes and Ms. Mathurin viewed the evidence. Ms. Mathurin did not see the yellow light. She just moved in and was probably looking at her GPS. Mr. Stokes advised inattentiveness is something they all have to be aware of as it could have been dangerous. The light was yellow for five full seconds. The video showed the light changing from yellow to red and she was a full car length back. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of$243. Joseph Farrell White Notice No. 18512000007099 Officer Petriello advised on December 17, 2019, at 6:22 a.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at N Seacrest Boulevard in the number three lane. After a review of the electronic evidence and photographs, Officer Petriello determined an infraction occurred and issued a notice of violation on January 8, 2020. He had an evidence pack and video and still images to play. Messrs, Stokes and White viewed the evidence. Mr. White explained that was not what he saw that morning. He asserted there was no yellow light. The light went from green to red. Mr. Stokes reviewed the video a second time. Mr. White explained he has no control over data and he pays attention to what he is doing. There was no need for him to run a red light. There was no yellow. Mr. Stokes explained based on the evidence there was a yellow light. 3 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida March 11, 2020 Decision Mr. Stokes upheld the violation and assessed a fine of$243. Mr. White asked if there was an appeal process. Mr. Stokes responded there was and explained he had 30 days. Joyce Susan Nierow Notice No. 1851900163507 Officer Verrigini explained on June 23, 2019, at 9:14 a.m., a vehicle registered to the violator was travelling eastbound on W. Woolbright Road at SW 8t" Street in lane two. An affidavit was submitted by Joyce Susan Nierow, who was present, indicating she was the driver and not Alan Nierow. After a review of the electronic evidence and photographs Officer Verrigini issued a notice on December 12, 2019 to Joyce Susan Neirow. He submitted the affidavit. Mr. Stokes and Ms. Nierow viewed the electronic evidence. The red-light time was 2.4 seconds Ms. Nierow explained it was not her and she recalled that particular morning. She was with her husband on a Sunday morning. There was hardly any traffic and she waited three light cycles, and finally, as he had prostate problems, she went through the light. The same thing happened October 31St, and he had to go to the emergency room, but she did not go through the light. Now she knows the light is not broken. He wrote as a witness. She looked at the video, she thought it was broken. Mr. Stokes advised he read the affidavit, but it does not match the video. Both circumstances. She remembered it was Sunday, they sat at the light for so long, but she saw the light go from red to green. Mr. Stokes explained in this situation, she was approaching the light and she was 2.4 seconds on red. Decision Based on the evidence, for this circumstance, he upheld the violation and assessed a fine of$243. Jeannie Philidor Notice No. 18512000007032 Officer Petriello stated on December 17, 2019, at 2:29 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 and photographs , Officer Petriello determined an infraction occurred and issued a notice of violation on January 9, 2020. He had an evidence pack to submit with a video and still images to play. Mr. Stokes and Ms. Philidor viewed the electronic evidence. Ms. Philidor asked why she was the last one when she came here on time. Mr. Stokes explained they accidently skipped her six times. Based on the video, she was in front a truck with very high. She did not intentionally run the light and they should have 4 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida March 11, 2020 reviewed the video before she came. She got a ticket before from the City, which is the only City with the red light. She had tickets before, which she paid. She thought she should not be responsible for this ticket due to the height of the truck. Mr. Stokes agreed her case was the only case today behind a large vehicle, but it was not the only time the issue arose. He announced motorists cannot run a light because they cannot see it. Drivers have a responsibility to see it and not travel so closely behind a high- profile vehicle to obstruct the light. It was not an excuse otherwise people would run lights constantly. He appreciated her defense and he understood what happened, but advised it was not a defense to run the red light. Decision Based on the evidence, Mr. Stokes upheld the violation and assessed a fine of$243. Gerald Irwin Roberts Notice No. 1851900243937 Ms. Phyllis Roberts was sworn in. Officer Surajbally testified on September 26, 2019, at 12:04 p.m., a vehicle registered to the violator was travelling eastbound on W. Woolbright Road at SW 8t" Street in lane tone. After a review of the electronic evidence , the Notice of Violation was issued on October 16, 2019. The red-light time .7 seconds. He had an evidence pack with a video and still images to present. Mr. Stokes and Ms. Roberts viewed the evidence. Ms. Robert explained her husband has Parkinson's and they were going to a dentist appointment. He was coughing terribly, and she had to get him a glass of water. She was saving his life. She had to get him to water. Mr. Stokes advised medical issues have come up in the past, but if she entered the intersection and got in an accident, it would be worse. Drivers have to pick the better of two bad options. Decision Mr. Stokes cautioned she needs to be very careful when driving and appreciated the situation. He dismissed the case. He suggested om the future she be very careful and carry water in the car, so she could stop and give it to him. The following cases were please or resets: Katrina Mims Adams Notice No. 1851900288882 Erica Janae Love McNair Notice No. 1851900272670 Dominique Lisa Sinclair Notice No. 1851900281838 Christopher Scott Youngberg Notice No. 1851900301024 Amos Baptiste Notice No. 1851900284972 Gary Robert Colby Jr. Notice No. 1852000010739 5 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida March 11, 2020 Lawrence Dexter Hardnett Notice No. 1851900303368 Suzanne Akbas Pearlman Notice No. 1852000007032 Luis Fernando Rodriguez Notice No. 1851900290680 Peggy W. Tolley Notice No. 1852000018906 Deon Bernard Bass Notice No. 1852000004914 Anthony Donell Morris Notice No. 1851900259446 Lyndsey Elizabeth Cohen Notice No. 1851900257069 Fawn Annette Collier Notice No. 1851900279840 Sonia M. Feola Notice No. 1852000013642 Eva Tomasine Maas Notice No. 1851900268652 Rodney Maurice Patrick Notice No. 1851900253027 The below cases were reset: Hugh Urquhard Dwing III, (reset) Notice No. 1852900015936 Nuno Duarte Carreiro Cabral Notice No. 1851900294062 The following individuals requested a hearing but did not appear. Christinia Renee Mvclntire Notice No. 1851900272381 Officer Jones commented on October 26, 2019, at 3:51 p.m., a vehicle registered to the violator was travelling southbound on NW 8t" Street at W Boynton Beach Boulevard in lane one. After a review of the electronic evidence, a Notice of Violation was issued on November 18, 2019. The red-light time .6 seconds. She had an evidence pack with a video and still images to present. Mr. Stokes viewed the evidence. Decision Based on the evidence and the violator not being present, Mr. Stokes upheld the violation and assessed a fine of$258. Robert Charles Rickey Notice No. 1852000017536 Officer Petriello commented on December 27, 2019, at 6:28 p.m., a vehicle registered to the violator was travelling westbound on Woolbright Road at S. Congress Avenue in lane one. After a review of the electronic evidence, Officer Petriello determined a violation occurred of running a red light and issued a Notice of Violation on January 15, 2020. He had an evidence pack with a video and still images to present. Mr. Stokes viewed the evidence. Decision Based on the evidence and the violator not being present, Mr. Stokes upheld the violation and assessed a fine of$258. 6 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida March 11, 2020 Jennifer Nicole Laforest Notice No. 1851900275814 Officer Surajbally mentioned on October 30, 2019, at 3:25 p.m., a vehicle registered to the violator was travelling southbound on NW 8t" Street at W Boynton Beach Boulevard in lane one. After a review of the electronic evidence, a Notice of Violation was issued on November 21, 2019. The red-light time was .9 seconds. He had an evidence pack with a video and still images to present. Mr. Stokes viewed the evidence. Decision Based on the evidence and the violator not being present, Mr. Stokes upheld the violation and assessed a fine of$258. Fredereick Harrison Slough IV Notice No. 1851900264636 Officer Surajbally conveyed on October 18, 2019, at 1:22 p.m., a vehicle registered to the violator was travelling northbound on Federal Highway at SE 23rd Avenue in lane three. After a review of the electronic evidence and photographs, a Notice of Violation was issued on November 8, 2019. The red-light time was .9 seconds. He had an evidence pack with a video and still images to present. Mr. Stokes viewed the evidence. Decision Based on the evidence and the violator not being present, Mr. Stokes upheld the violation and assessed a fine of$258. Marineau Geffrard Notice No. 1851900278461 Officer Verrigini indicated on November 1, 2019, at 7:45 p.m., a vehicle registered to the violator was travelling southbound on NW 8t" Street at W Boynton Beach Boulevard in lane one. After a review of the electronic evidence, the Notice of Violation was issued on November 21, 2019. He had an evidence pack with a video and still images to present. Mr. Stokes viewed the evidence. Decision Based on the evidence and the violator not present, Mr. Stokes upheld the violation and assessed a fine of$258. Urban B. Lord Notice No. 1851900274056 Officer Verrigini indicated on October 28, 2019, at 8:15 a.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at N. Congress Avenue 7 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida March 11, 2020 in the number three straight lane. After a review of the electronic evidence, the Notice of Violation was issued on November 28, 2019. He had an evidence pack with a video and still images. Mr. Stokes viewed the evidence. Decision Based on the evidence and the violator not being present, Mr. Stokes upheld the violation and assessed a fine of$258. Cleo Leon Pullens III Notice No. 1851900276804 Officer Verrigini commented that October 31, 2019, at 4:16 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 and photographs, a Notice of Violation was issued on November 20, 2019. He had an evidence pack with a video and still images to present. Mr. Stokes viewed the evidence. Decision The violator was not present and based on the evidence, Mr. Stokes upheld the violation and assessed a fine of$258. Keith Stuhler Notice No. 1851900247540 Officer Verrigini advised on September 30, 2019, at 1:28 p.m., a vehicle registered to the violator was travelling eastbound on Boynton Beach Boulevard at Seacrest Boulevard. After he reviewed the electronic evidence, a Notice of Violation was issued on October 23, 2019. He submitted the evidence pack. Mr. Stokes viewed 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 10:16 a.m. 8 Hearing Minutes Red Light Camera Hearings Boynton Beach, Florida March 11, 2020 Catherine Cherry Minutes Specialist 9