The URL can be used to link to this page

Home My WebLink About02-18-2010 Minutes THE CITY OF OCOEE POLICE INFRACTION HEARING BOARD MEETING FEBRUARY 18, 2010 CALL TO ORDER Chairman Minarcin called the City of Ocoee Police Infraction Hearing Board meeting to order at 7:02 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, Vice-Chair Chinelly, Members Amey, Ball, Fry, Laney and Lopez-Anderson. Also present were Commissioner Wilsen, Attorney John Hamilton, Lt. Dreasher, Sgt. Wagner, Ofc. Allen, CSA Sulkowski, Court Clerk Decaul and Recording Clerk Turner. ABSENT: All present. ChairmanMinarcin welcomed everyone and explained the procedures for the hearing. He swore in the officers and the complainants who were present. Chairman Minarcin asked if anyone in the audience would like to abandon their appeal before the hearing begins. PRESENTATION OF CASES CSA Sulkowski #18389 Casertano/Rivera – presented his evidence as to why a citation was CSA Sulkowski issued to Mr. Rivera. The evidence provided by showed two vehicles, similar in make and model, crossing the intersection. The first of the two vehicles crossed the intersection without committing a violation; however, the second vehicle did run the red light. Mr. Rivera believed his vehicle was the first one to cross the intersection, but upon thorough review of the video and still shots, it was concluded that Mr. Rivera’s vehicle was in violation of the red light. Member Lopez-AndersonMember made a motion to deny Mr. Rivera’s appeal, seconded by Amey. Member Ball Motion passed 5-1, with opposing. #20435 Cordone – Case was dismissed prior to hearing of violations, because the citation was issued to wrong vehicle owner. #20989 Ozer – Due to a language barrier, Ms. Ozer brought a translator with her who was sworn Chairman MinarcinOfc. Hunt in to translate truthfully by . presented his evidence as to why a citation was issued to Ms. Ozer. Through her translator, Ms. Ozer stated she made a right hand turn without stopping. She further stated that as she approached the intersection she saw a large truck making a left hand turn, and she felt as though if the truck was making a left hand turn, she Member Fry would be able to safely make a right hand turn. made an inquiry as to whether Ofc. Hunt there is an actual turning light at the intersection, and explained that the light is a standard light without a turning arrow. Member Ball Member Amey. made a motion to deny Ms. Ozer’s appeal, seconded by Motion passed unanimously. Page 1 of 3 Ofc. Allen #23876 Scott - presented his evidence as to why a citation was issued to Ms. Scott. Ms. Scott was not present for the hearing, but submitted an affidavit of non-responsibility to appeal the citation. The box stating “vehicle was in the care, custody or control of another person who is listed below” was marked; however, Ms. Scott did not provide the actual driver’s information, instead she wrote that she did not have any information on the driver of her vehicle Vice-Chair Chinelly on the date of the infraction. inquired about how many feet per second Ms. Scott’s vehicle travelled if driving at a speed of 38 miles per hour. Discussion ensued, and it was determined that Ms. Scott’s vehicle travelled approximately 56 feet per second and 12 feet after Member Fry the light cycled red. inquired as to whether all evidence is taken into consideration Lt. Dreasher if a contestant claims they were not the driver of the vehicle. stated that all evidence is taken under consideration, and had the contestant submitted the actual driver’s information, the citation would have been transferred to the appropriate person. Member Fry Member Amey. made a motion to deny Ms. Scott’s appeal, seconded by Motion passed unanimously. ADJOURNMENT Meeting adjourned at 7:38 p.m.; board resumes for new business. REGULAR AGENDA A.Approval of Minutes for November 19, 2009, December 17, 2009 and January 21, 2010. Member LaneyMember motioned to accept the minutes for November 19, 2009, seconded by Lopez-Anderson . Motion passed unanimously. Member LaneyMember motioned to accept the minutes for December 17, 2009, seconded by Lopez-Anderson . Motion passed unanimously. Member LaneyMemberBall motioned to accept the minutes for January 21, 2010, seconded by . Motion passed unanimously. BOARD OR OFFICERS COMMENTS OR QUESTIONS Michael Rivers with the Florida Safety Council spoke to the board about offering educational classes to persons in receipt of violations in lieu of the citation, or to receive a reduced fine. Chairman Minarcin explained that the board can only make recommendations to the City Commission and that any implementation of programs would require the Commission’s Member Laney approval. expressed her gratitude for Mr. River’s presentation and agreed that Attorney Hamilton having educational options would be beneficial. stated that before a recommendation to implement an educational program can be made to the City Commission, research must first be done to ensure that there is not a breach of contract between American Traffic Solutions (ATS) and the City of Ocoee. Mr. Rivers was invited to attend future meetings and was asked to bring literature about the educational classes. Member Fry inquired about the status of the installation of a red light running camera on West Lt. Dreasher Road, and stated that because it is a county road, permissions for installation have Lt. Dreasher been denied. also mentioned to the board that he will be attending an ATS seminar in May to become an expert witness, and upon his return will relay all pertinent information to the board. Page 2 of 3 Chairman Minarcin inquired about the new red light running cameras, and Lt. Dreasher explained that due to road construction (beginning March 1,2010), the camera at A.D. Mims and Clarke Road will be out of service for a period of thirty to sixty days. ADJOURNMENT Meeting adjourned at 7:54 p.m. Respectfully submitted, ~ \-tYrO, 1A~ .- a T Unler, Recording Sec~ '-", 2- Rob Minarcin, Chairman Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 3 of3 ,- , FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST SA.\fE-F1RST ~A.\fE-,'.tIDDLE ~AME ~E OF BOARD. COUNCIL. COMMISSION, AUTHORITY OR COM.\flTI'EE C\41Nf-lIC Josf'\l\i \.\ YOL-iGE ff\J alON l-h:J\R\('J<f- '~bARJ) ~AlLING ADDRESS THE BOARD, COl!NCIL. COMMISSION, AUTHORl'TY OR COMMlTI'EE ON 51 :3 () M I \.;\.0n e{\ M ~ 0 AAN &6 WHICH I SERVE IS A UNIT OF: CITY COUN'I'Y 'JS CITY Q COUNTY Q O11iER LOCAL AGENCY D CD E ~ f L 341' ) NAME OF POlJnCAL SUBDIVISION: DATE N W {)c...D tt. 5 ~ B \ 0 ~ I IS: Cl ELECTIVE ~ APPOINTIVE 1 I WHO MUST ALE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the fonn. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ..u3STAIN from voting on a measure which Inures to rus or her special private gain or loss. Each elected or appointed local officer also is prohibited from knOWIngly votlng on a measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is :-etained I.including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment aJ5enc:es under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are noe pro. hibited from voting in that capacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father- in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or Qrry1ng on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . . . . . . . . . * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. . . . * . . * . . . . . . * . * APPOINTED OFFICERS: You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi- cers. In order to participate in these matters, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY A'ITEMPl' TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Wll..L BE TAKEN: . You must complete and file this fonn (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting alter the form is filed. r.F ;:()I:lM AR _ Ql=V 1101; . IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must discloee orally the nature of your conflict in the measure before participating. . You must complete the fonn and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of thtt fonn must be provided immediutely to the other members of the agency, and the form must be read publicly at the next meeting after the form is tiled. I, J 6S~-H fll ~t\ 1 ~\;v'i DISCLOSURE OF LOCAL OFFICER'S INTEREST , , hereby discloee that on tJ\1\Q,cti (8 2.0 1 D ,-19-_: (a) A measure came or will come before my agency which (check one) - inured to my special private gain or loss; )( inured to the special gain or 1068 of my business associate,~) hJ G r - inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of .. . . by is the parent organization or SUbsidiary of a principal which has retained me. (h) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , which \} N\~ j 1 Nlc, ~Ro\1vn-e;j S~\f\~5 O...'D~ N\,\ ~~ \.ll'( ~ ) ft>R W\-\$AA t AM 1. ~CAJ~~ ~'is~ Lf YO QR~~ \\At t.o~ t'U0T \>$e 10 t->1 fNM'-', M li"i 'Ill rttl \)N\S 'tlM \S~Il~ l\. Q-V kI\AlN . CMe it \1-90 900D 24~ I umlU\27f \0 rl> F\<;'~OG\AJE~ ' f\U~Rf\NG~ D\ TuP.~~\K€) OF f\N'1 j1tJc, w't\c 1, Date Filed 3/) ~/ CUJ io ~~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLO- SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING; IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CML PENALTY NOT TO EXCEED $10,000. CE FORM 88 . REV. 1195 PAGE 2