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Home My WebLink About12-17-2009 Minutes THE CITY OF OCOEE POLICE INFRACTION HEARING BOARD MEETING DECEMBER 17,2009 CALL TO ORDER Chairman Minarcin called the City of Ocoee Police Infraction Hearing Board meeting to order at 7:03 p.m. in the Commission Chambers of City Hall with the pledge of allegiance. The roll was called and a quorum declared. MEMBERS PRESENT: Chairman Minarcin, Members Arney, Chinelly, Ball, Fry, Laney and Lopez-Anderson. Also present were Lt. Dreasher, Attorney John Hamilton, CSA Sulkowski and Recording Clerk Decaul. ABSENT: None. Chairman Minarcin welcomed everyone and explained the procedures for the hearing. He swore in the officers and the complainants who were present. Chairman Minarein asked if anyone in the audience would like to abandon their appeal before the hearing begins. PRESENTATION OF CASES # 14198 Campbell - CSA Sulkowski presented his evidence as to why a citation was issued to Ms. Campbell. Ms. CampbeU stated that due to her visual impairment she was not the driver of the vehicle. Instead, she claims the driver was her sister, Patricia Proctor. Attorney Hamilton and Lt. Dreasher were consulted about the process of transferring liability from Ms. Campbell to Ms. Proctor and both agreed liability could be transferred. Due to the transfer of the citation, Ms. Proctor will receive a citation through the mail and then at that time she may choose to pay it or contest the citation by requesting a hearing. Ms. Campbell's citation was deemed non-existent due to the transfer of liability. Member Amev made a motion to transfer the citation from Ms. Campbell to Ms. Proctor. seconded bv Member Frv. Motion passed 6-1. with Member Ball opposinf!. # 12028 Frommer - Ore. Hunt presented his evidence as to why a citation was issued to Ms. Katie A. Frommer and Eric Daniel Frommer. Respondents did not attend the hearing. An affidavit was filed to contest the citation. Basis for appeal filed: camera accuracy, speed accuracy, constitutionality, proof of driver, website where payment should be received and viewing malfunction (ATS). Lt. Dreasher stated that a public records request was sent to the City Clerk's Office with regard to the appeal and the request was satisfied. Member Lopez-Anderson asked why A TS was not properly functioning and Ore. Hunt stated that A TS verified that the equipment was tested and calibrated and found the equipment to be in operable condition. Member Amev made a motion to deny Mr. and Mrs. Frommer's appeal. seconded bv Member BalL Motion passed unanimously. Page 1 of3 #10535 Tourelle - Respondent paid the citation fine prior to the hearing. #13976 Draper - CSA Sulkowski presented his evidence as to why a citation was issued to Mr. and Mrs. Draper. Respondent was not present for the hearing. Member Looez-Anderson made a motion to denv Mr. And Mrs. Draper's appeal. seconded bv Member Amev. Motion passed unanimous Iv. ADJOURNMENT Infraction hearing Adjourned at 7:52 p.m.; board resumes for new business. REGULAR AGENDA A. Approval of Minutes for November 19, 2009 Member Amey made a motion to accept the minutes, but Members Anderson-Lopez and Laney requested corrections be made to the minutes prior to approval. Lt. Dreasher explained to the board that a change in staff took place and suggested that the approval of minutes be postponed for the next meeting. Member Laney also suggested that minutes be forwarded to her so that she could assist with grammatical corrections before distribution. She also made the corrections to the November minutes and gave them to Recording Clerk Decaul for corrections and then redistribution. Approval of Infraction Hearine: Board Minutes for November 19. 2009. Member Amev made a motion to accept the minutes. but due to no second the motion fails. Member Looez-Anderson made a motion to table the November minutes to the January meeting. seconded bv Member Laney. Motion passed unanimouslv. BOARD OR OFFICERS COMMENTS OR QUESTIONS Lt. Dreasher addresses changes to the ordinance and program after meeting with the City Attorney. He explains to the board that a change was made to Article 168-8, Section A, in the ordinance but must go to the City Commission for approval before enforcement and distribution. The change to Article 168-8, Section A, upon approval by the City Commission, will give vehicle owners 30 days from the date of infraction to pay the fine instead of the original 21 days. Proposed change to Article 168-9, Section B, is that upon denial of appeal the vehicle owner will have 30 days to pay the fine instead of the original 10 days. Lt. Dreasher explained to the board that they are proposing changes at this time, and the original wording is still in effect until the City Commission approves the changes. Lt. Dreasher explained to the board that payment plans will not be granted to vehicle owners because it would cause a breach of contract between the City of Ocoee and American Traffic Solutions, LLC. He went on to explain that a vehicle owner can pay late, but will receive a $25.00 late fee. Discussion ensued about payment of the late fee and once a vehicle owner pays that fee how long will they have to pay the original citation. Lt. Dreasher explained to the board that collection methods for the fees and fines are currently being discussed; in addition, Attorney Hamilton states that the authority to pursue collections is spelled out in Article 168- 23. Page 2 of3 Member Chinelly asked if there were very many late payments as compared to on time payments, but Lt. Dreahser stated he was not prepared to answer that question without further research. Lt. Dreasher addressed the board's concerns with regard to the mandatory membership of two of the CACOPD members to serve on the Infraction Hearing Board as spelled out in Article 168- 8, Section B, by telling them that the City Commission agrees to elect the members of said board without making it mandatory for CACOPD members to serve. Of course, at this time, it is considered a proposed change, until the City Commission makes the change to the ordinance official. Member Lopez-Anderson informed the board that she will not be able to attend the January Infraction Hearing Board Meeting due to travel. Lt. Dreasher gave an explanation to the board as to why Recording Clerk Decker resigned from her position and explained the importance of monthly audits. Member Ball asked about giving the public notice as to when the red light cameras will be considered operational and Lt. Dreasher stated that there are message boards and press releases to inform the public as to when the red light cameras will go into effect. Also discussed was the selection of locations for the cameras; camera locations are based on crash statistics. Member Lopez-Anderson stated that she often sees many violations at the West Oaks Mall exit onto Highway 50, and she was informed that the Ocoee Police Department issues several citations at that exit. ADJOURNMENT Meeting adjourned at 8:16 p.m. Member Lanev made a motion to adiourn December's meeting. seconded bv Member Ch;nellv. The motion passed unanimouslv. .. - z Rob Minarcin - Chairman Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 3 of3