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Home My WebLink About03-18-2010 Minutes THE CITY OF OCOEE POLICE INFRACTION HEARING BOARD MEETING MARCH 18,2010 CALL TO ORDER Chairman Minarein called the City of Ocoee Police Infraction Hearing Board meeting to order at 7:01 p.m. in the Commission Chambers of City Hall with the pledge of allegiance. The roll was called and a quorum declared. MEMBERS P{mSENT: Chairman Minarcin, Vice-Chair Chinelly, Members Arney, Ball, Fry, Laney and Lopez-Anderson. Also present were Commissioner Wilsen, Attorney John Hamilton, Lt. Dreasher, Sgt. Wagner, Ofc. Allen, Ofc. Hunt, Court Clerk Decaul and Recording Clerk Turner. ABSENT: All present. 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. Ms. Paulette E. Randolph, case number 1290900023256, and Ms. Vickie McCartney Ball, case number 1290900025566, wished to abandon their appeal and pay the civil penalty. PRESENTATION OF CASES #22159 Black's Automotive, represented by Michael Osinga - Ofe. Allen presented his evidence as to why a citation was issued to Black's Automotive. Mr. Osinga explained to the board that Black's Automotive is a dealership that allows their patrons to test drive the vehicles on their lot, and on the date and time of the infraction, the vehicle was operated by a customer. Member Laney asked Mr. Osinga if he could identify the customer, but due to a lapse in records, Mr. Osinga was unable to provide the driver's information. Chairman Minarein explained to Mr. Osinga that had he provided the driver's information, he could have completed the Affidavit of Non-Responsibility, and the violation would have been transferred to the actual driver. Member Lopez-Anderson made a motion to deny Black's Automotive avveal. seconded bv Member Amev. Motion vassed 6-1. with Member Lanev ovvosinf!. #23207 Sewkarran - Contestant was not present, and the case was moved to the end ofthe docket. #23777 LouislDeLarosa - Contestant was not present, and the case was moved to the end of the docket. #24817 VMS, Inc. - Contestant was not present, and the case was moved to the end of the docket. #25228 RodriguezJRader - Ofe. Hunt presented his evidence as to why a citation was issued to Mr. Rodriguez. Mr. Rodriguez submitted an Affidavit of Non-Responsibility, and included a letter contesting the infraction. Member Fry asked Mr. Rodriguez if at any point in time he had Page I of4 seen the light turn yellow. Mr. Rodriguez explained that due to a large truck in front of him, he was unable to see the color of the street light, and proceeded to follow the truck through the intersection. Vice-Chair Chinelly asked Mr. Rodriguez ifhe was familiar with the intersection, and ifhe was aware of the red light running cameras at the intersection. Mr. Rodriguez told the board that he travels through the intersection on a daily basis and is fully aware of the red light running cameras. Vice-Chair Chinelly asked Ore. Hunt if the light had been red for three tenths of a second when the photo was taken, and ore. Hunt declared it was. Member Frv made a motion to deny Mr. RodriflUez's appeal. seconded bv Member Amev. Motion vassed 5-2. with Members Ball and Lanev ovposinf!. #26473 Marcotte - Case was dismissed, because Ms. Marcotte received a citation for this infraction from a law enforcement officer. #23207 Sewkarran - Ore. Allen presented his evidence as to why a citation was issued to Mrs. Sewkarran. Mrs. Sewkarran was not present for the hearing; however, an affidavit was filed to contest the citation. Member Ball made a motion to deny Mrs. Sewkarran's avpeal. seconded bv Member Amev. Motion vassed unanimously. #23777 Louis/DeLarosa - Ore. Allen presented his evidence as to why a citation was issued to Mr. Louis. Mr. Louis was not present for the hearing; however, an affidavit was filed to contest the citation. Member Amev made a motion to deny Mr. Louis's avveal. seconded bv Member Frv. Motion passed unanimous Iv. #24817 VMS, Inc. - Vice-Chair Chinelly recused himself due to the affiliation his employer, Florida Department of Transportation Turnpike, has with VMS, Inc. Ore. Allen presented his evidence as to why a citation was issued to VMS, Inc. VMS, Inc. was not present for the hearing, and the request to contest the citation was not accompanied by any documentation. Chairman Minarcin inquired about when the speed of the vehicle was recorded. Lt. Dreasher explained that the speed was recorded once the front tire of the vehicle crossed over the sensor. He also stated that the sensors are placed approximately ten feet and five feet before the stop bar. Discussion ensued, and it was explained to the board that the recorded speed at which a car crosses over the sensor may not be the same speed when it reaches the stop bar. Member Amev made a motion to deny VMS. Inc. 's avveal. seconded bv Member Frv. Motion vassed 5-1 with Chairman Minarcin ovvosinf!. #07066 Pepe - Ore. Allen presented his evidence as to why a citation was issued to Mr. Pepe. Respondent did not attend the hearing; however, an affidavit was filed, and a letter was submitted to contest the citation. Mr. Pepe's letter asked for leniency, a payment plan, or a community service program to be implemented in lieu of the fine. Vice-Chair Chinelly stated that he felt Mr. Pepe made reasonable requests through his letter, and that consideration be given to forward the letter to the City Commission. Member Laney stated that the board has the right to use discretion when denying or upholding an appeal based on facts and circumstances provided. Discussion ensued about board and officer discretion, payment programs, and Page 2 of4 community service programs. Member Lopez-Anderson suggested that the board make a recommendation to the City Commission about such programs. Member Frv made a motion to deny Mr. Peve 's avveal. seconded bv Member Amev. Motion vassed 6-1 with Member Lanev ovvosinJ!. ADJOURNMENT Meeting adjourned at 8:03 p.m.; board resumes for new business. REGULAR AGENDA A. Approval of Minutes for February 18,2010 with correction Vice-Chair Chinelly requested that a change be made to the minutes under Presentation of Cases, #23876 Scott. As submitted for approval, the minutes read, "Discussion ensued, and it was determined that Ms. Scott's vehicle travelled approximately 12 miles per second." Corrected minutes read, "Discussion ensued, and it was determined that Ms. Scott's vehicle travelled approximately 56 feet per second, and 12 feet after the light cycled red." Member Lanev motioned to accevt the minutes for February 18.2010 as amended bv Vice- Chair Chinellv. and seconded bv Member LODez-Anderson. Motion vassed unanimously. B. Florida's Govemment-in-the-Sunshine Law Training (Requirements for Public Records) Lt. Dreasher presented the video "Public Records - Requirements for Public Meetings." Transcribed copy provided upon request, or by visiting the Office of the Attorney General's website at: http://www.myflsunshine.com/sun.nsf/pages/Munici pal. C. Noise Ordinance Training Lt. Dreasher reviewed the Noise Ordinance, Code of the City ofOcoee, Chapter 113 - "Loud, Unnecessary, or Disturbing Noise Chapter", Article 1 with the board. Questions were asked by the board and answered by Lt. Dreasher and Attorney Hamilton. A written copy of the ordinance provided upon request, or by visiting the Municipal Code Library at: http://library.municode.com/HTML/I4323/levell/Cl13.html. The training included: . Definitions . Noise prohibited . Exemptions . Enforcement . Notice of infraction . Responsibilities of violator . Appeal to hearing board . Penalties . Administrative charges . Collection of fines BOARD OR OFFICERS COMMENTS OR QUESTIONS Lt. Dreasher informed the board that if they would like to make any recommendations to the City Commission about implementing community service programs, or payment programs, to let him know so that it can be placed on the City Commission's Agenda. Lt. Dreasher also stated that the red light running camera program is being reviewed by the Florida State Legislature, and may be implemented statewide as soon as October, 2010. Ifpassed, cities with red light running Page 3 of4 cameras currently in place will be grandfathered in for one year, and then will have to adopt the state guidelines. ADJOURNMENT Meeting adjourned at 9:04 p.m. Respectfully submitted, o {~'70- U~ blana Turner, Recording Secretary z .. , Rob Minarcin, Chairman Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 4 of4