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HomeMy WebLinkAbout05-20-2010 Minutes THE CITY OF OCOEE POLICE INFRACTION HEARING BOARD MEETING MAY 20, 2010 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, Vice-Chair Chinelly, Members Ball and Laney. Also present were Mayor Vandergrift, City Attorney Rosenthal, Lt. Dreasher, Sgt. Wagner, Officers Allen and Tillman, CSA Sulkowski, Court Clerk Decaul and Recording Clerk Turner. ABSENT: Members Arney (excused), Lopez-Anderson (excused), and Member Fry (unexcused). Chairman Minarcin 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 Case numbers were not necessarily presented in docket order. Hearings order varied to accommodate the contestants that were present. #03602 Armstrong - CSA Sulkowski presented his evidence as to why a citation was issued to Ms. Armstrong. Ms. Armstrong submitted an Affidavit of Non-Responsibility to contest the citation; however, she did not indicate on the form why she is not responsible for the citation. Vice-Chair Chinelly explained to the audience that the law requires a person to stop at the stop bar prior to making a right turn. Vice-Chair Chinellv made a motion to deny Ms. Armstrong's avveal. seconded bv Member Ball Motion vassed unanimous Iv. #10110 Francis - CSA Sulkowski presented his evidence as to why a citation was issued to Mr. Francis. Mr. Francis did not submit an affidavit, or a written statement to contest the citation. Vice-Chair Chinelly stated that after viewing the video, it was observed that Mr. Francis turned right on red without stopping, therefore violating the law. Vice-Chair Chinellv made a motion to deny Mr. Francis's avveal. seconded bv Member Ball. Motion passed unanimous Iv. #14757 Mills - Mr. Mills wished to abandon his appeal and pay the civil fine. #09286 Rodriguez/Vallagomez-Lanuza- Ore. Tillman presented her evidence as to why a citation was issued to Ms. Rodriguez. Ms. Rodriguez submitted an affidavit to contest the citation. Ms. Rodriguez stated that she did stop, and then continued through the red light just as the pictures in the citation indicate. Chairman Minarcin explained that the photos are still Page J of6 shots, and will not show movement; however, the video does show that she did not stop at the stop bar. Member Ball made a motion to deny Ms. Rodriguez's avveal. seconded bv Chairman Minarcin. Motion passed unanimous Iv. #18766 JurakhanlPadamawattie - Ore. Tillman presented her evidence as to why a citation was issued to Mr. Jurakhan. Mr. Jurakhan submitted an affidavit and a letter to contest the citation. Mr. Jurakhan stated that the photo on the violation showed that his wife did come to a complete stop prior to making a right turn. He further stated that he personally witnessed her stop at the stop bar, because on that day he had a medical consult and was following behind her with his personal vehicle. Vice-Chair Chinelly explained to Mr. Jurakhan that the photos are still photos, and the photo in the citation showed his wife was travelling at a speed of fifteen miles per hour while entering the intersection, further proving that she was not stopped at the stop bar. Vice-Chair Chinellv made a motion to deny Mr. Jurakhan's avveal. seconded bv Member Lanev. Motion vassed 3-1. with Member Ball ovvosing. # 18931 Rodriguez - Ms. Rodriguez wished to abandon her appeal and pay the civil fine. #21869 Whitely - Ore. Tillman presented her evidence as to why a citation was issued to Ms. Whitely. An affidavit was filed by Ms. Whitely to appeal the citation. Ms. Whitely explained to the board that although she may not have come to a complete stop, she did not completely run the red light either. She further stated that it was her understanding that it is not illegal to make a right turn on red, and if a sign had been posted stating "No Right on Red", then she would not have made the right turn. Vice-Chair Chinelly explained that some intersections may allow a right turn on red, but one must come to a complete stop first. Also, some intersections forbid right turns on red, and are clearly indicated with a sign. Ms. Whitely felt that the difference between intersections can be confusing, and that the imposed fine is very high and unaffordable. Member Laney explained to Ms. Whitely that unfortunately at this time there is not a program in place that will allow the fine to be reduced. Vice-Chair Chinelly suggested that she approach the City Commission with alternative methods of payment, because the board is not able to reduce or negotiate fines. Instead, the purpose of the board is to determine if an infraction did occur based on the evidence provided. Member Ball made a motion to deny Ms. Whitelv's avveal. seconded bv Vice-Chair Chinellv. Motion vassed unanimous Iv. #28948 Galloza - Ore. Tillman presented her evidence as to why a citation was issued to Ms. Galloza. Ms. Galloza submitted an affidavit and a letter to contest the citation. Ms. Galloza explained that she was on her way to the West Oaks Mall, and because of emergency vehicles behind her, she made a right turn instead of a left towards the mall. She further explained to the board that it was her belief that when travelling in front of emergency vehicles, one must make a right turn. Vice-Chair Chinelly asked Lt. Dreasher if a continuation of the video was available, and Lt. Dreasher stated that Arnerican Traffic Solutions, Inc. (A TS) only sends the police department twelve seconds of video. Member Laney asked Ms. Galloza why she was making a right turn if a left turn would need to be made to go to the West Oaks Mall. Ms. Galloza explained that she was unable to get into the left turning lane due to a black vehicle blocking her from getting in the needed lane. Page 2 of6 Member Ball made a motion to deny Ms. Galloza's appeal. seconded bv Chairman Minarcin. Motion passed unanimous Iv. #42949 Lawrence-Johnson - Ore. Tillman presented her evidence as to why a citation was issued to Ms. Lawrence-Johnson. An affidavit was submitted by Ms. Lawrence-Johnson to contest the citation. Ms. Lawrence-Johnson stated that her son was using her vehicle on the date of the infraction. Lt. Dreasher stated that upon receipt of her son's information, he will transfer the liability ofthe fine to him. #23881 - World Industrial Equipment, Inc., represented by Randall Bennett - Ore. Tillman presented her evidence as to why a citation was issued to World Industrial Equipment, Inc. Mr. Bennett submitted an Affidavit of Non-Responsibility indicating that the vehicle was in the care, custody or control of another person. Mr. Bennett explained to the board that this particular vehicle was being used by an employee of The Sign Shop; however, due to a lapse in records he did not have the actual driver's information. Mr. Bennett contacted The Sign Shop to get the driver's information, but was told that the employee was out of town, and that it would take them a few days to retrieve the requested information. Member Laney explained the procedure to transfer the liability of the citation to The Sign Shop's employee. Lt. Dreasher gave Mr. Bennett until May 28, 2010 to provide the police department with the driver's information so that the liability can be transferred; however, if Mr. Bennett is unable to provide the information necessary to transfer the liability, then he will be responsible for the fine. #06084 Colley - Ore. Allen presented his evidence as to why a citation was issued to Mr. Colley. An affidavit to contest the citation was submitted by Mr. Colley. Mr. Colley suggested to the board that a first offense should receive a courtesy warning instead of a fine. Member Laney stated that only the City Commission can change the ordinance, and that the board's purpose is to determine if a violation of the ordinance occurred. Member Lanev made a motion to want Mr. Collev's appeal. seconded bv Member BalL Motion failed due to a tie vote. 2-2. Chairman Minarcin and VlCe-Chair Chinellv opposing. Due to a tie vote the case was dismissed. and no fines imposed. #15796 Bell- The original infraction was issued to Perry Bell; however, Darius Bell assumed responsibility for the infraction, and the hearing continued. Ore. Allen presented his evidence as to why a citation was issued to Mr. Bell. An affidavit was submitted by Mr. Bell to contest the citation. Mr. Bell stated that he did not stop at the stop bar; however, he stopped at the markings of the railroad crossing, and then proceeded through the intersection. He stated that he did so, because the markings for the railroad crossing seemed almost identical to the markings for the stop bar. Discussion ensued about the railroad crossing, and it was determined that the red light running camera is approximately eighty feet from the intersection, and Mr. Bell stopped approximately eighty to ninety feet before the intersection. Chairman Minarcin commented that Mr. Bell had stopped eighty to ninety feet before the intersection, but reached a speed of twenty-eight miles per hour while going through the intersection. Vice-Chair Chinellv made a motion to deny Mr. Bell's appeal. seconded bv Member BalL Motion passed 3-1. with Member Lanev opposing. # 16083 Omalley - Ms. Omalley stated that she was unable to view her video prior to the hearing, so the board allowed her to view the video before the presentation of the case. After reviewing the video, Ms. Omalley wished to abandon her appeal and pay the civil fine. Page 3 of6 #17628 Bellamy - The board allowed Ms. Bellamy to view her video prior to the hearing. After viewing the video Ms. Bellamy wished to abandon her appeal and pay the civil fine. #17818 Ortiz - Mr. Ortiz wished to abandon his appeal and pay the civil fine. #05326 Singh - Sgt. Wagner presented his evidence as to why a citation was issued to Mr. Singh. Mr. Singh submitted an affidavit and a letter to contest the citation. Mr. Singh explained to the board that he traveled eight hours in order to contest the citation, because he felt that the citation was unjust. He mentioned that intersections should have signs stating that one must stop before turning on red. Chairman Minarcin explained to Mr. Singh that signs are not necessary at every light, and stopping at the stop bar is the law. Member Laney stated that the board can not change the ordinance, and can only make decisions based on the evidence provided. Vice- Chair Chinelly expanded on Member Laney's comment by explaining that changes to the ordinance must be presented to the City Commission. Mr. Singh stated that intersections should have "No Right on Red" signs in order for citizens to avoid fines. Sgt. Wagner stated that in order for intersections to have "No Right on Red" signs, traffic studies and surveys must be conducted to prove that it is necessary. Vice-Chair Chinellv made a motion to deny Mr. Singh's appeal. seconded by Member BaiL Motion passed unanimously. #32700 Then - Sgt. Wagner presented his evidence as to why a citation was issued to Ms. Then. Ms. Then was not present at the hearing, but submitted an Affidavit of Non-Responsibility to contest the citation indicating that the vehicle was in the care, custody or control of another person; however, did not include any information of the actual driver. Discussion ensued about the form and why contestants check certain boxes, and do not include all pertinent information. Vice-Chair Chinelly mentioned that discretion is still used even though information of the actual driver is not provided. Member Lanev made a motion to deny Ms. Then's appeal. seconded bv Member BalL Motion passed unanimous Iv. #24954 Held - Ore. Allen presented his evidence as to why a citation was issued to Mr. Held. Mr. Held was not present at the hearing, but submitted an Affidavit of Non-Responsibility to contest the citation indicating that the vehicle was in the care, custody or control of another person; however, did not include any information of the actual driver. Member Lanev made a motion to deny Mr. Held's appeal. seconded by Vice-Chair Chinellv. Motion passed unanimous Iv. #10466 Michel- Ore. Allen presented his evidence as to why a citation was issued to Mr. Michel. Mr. Michel was not present at the hearing, but submitted an affidavit and a letter to contest the citation. Vice-Chair Chinellv made a motion to deny Mr. Michel's appeal. seconded bv Chairman Minarcin. Motion failed due to a tie vote. 2-2. Members Ball and Lanev opposing. Due to a tie vote the case was dismissed. and no fines imposed. Page 4 of6 ADJOURNMENT Meeting adjourned at 9:59 p.m.; board resumes for new business. REGULAR AGENDA A. Approval of Minutes for April 15, 2010 with correction Member Laney requested that a change be made to the minutes under Presentation of Cases, #16554 Brenden. As submitted for approval, the minutes read, "She stated that the burden of proof lied on the City, and that she should not have to provide such information." Corrected minutes read, "She stated that the burden of proof lies on the City, and that she should not have to provide such information." Member Laney requested that a change be made to the minutes under Presentation of Cases, #00830 Balack. As submitted for approval, the minutes read, "Mr. Balack expressed his concern about receiving the violation, and Member Laney explained to him that points assessed against his driver's license, and his driving record will still be clean." Corrected minutes read, "Mr. Balack expressed his concern about receiving the violation, and Member Laney explained to him that no points will be assessed against his driver's license, and his driving record will still be clean. " Member Lanev motioned to accept the minutes for April 15. 2010 as amended bv Member Lanev. seconded bv Vice-Chair Chinellv. Motion passed unanimously. BOARD OR OFFICERS COMMENTS OR QUESTIONS Mayor Vandergrift discussed the possibility of televising the hearings so that the public may be educated on the laws and ordinances. Having a director in the booth also allows the board to receive information on the screens in front of them. He thanked the board for volunteering, and stated that he would discuss televising the hearings with Staff. Lt. Dreasher discussed the Red Light Running Conference held by A TS in Arizona. He mentioned that the Governor signed the bill, and it will become effective July 1,2010. Also discussed was restructuring the current ordinance to match the new bill. Changes will include: . The fee will change from $125 to $158, and will be broken down as follows: $75 goes to the State of Florida $10 goes to the Department of Health $3 goes to the Brain and Spinal Injury Research $70 goes to the City of Ocoee and A TS . The ordinance name may be changed from Red Light Running to Intersection Safety. . If a person does not pay the civil fine within thirty days of due date, the police department will issue a Uniform Traffic Citation (UTC), and points will then be assessed. . Possibility of adopting a safety program . In the event that a right turn on red is permissible, coming to a complete stop is no longer mandatory as long as the driver does so in a careful and prudent manner. Lt. Dreasher explained to the board the significance of the A and B shots. The A shot shows the rear of a vehicle, including its tag and taillights. A TS researches the taillights of vehicles to make sure that they match the make and model. The B shot shows the vehicle's speed at the stop bar. The board was informed that at the next hearing there will be a computer in the lobby so that contestants may view their violation videos prior to the hearings. Page 5 of6 Vice-Chair Chinelly asked if the State law supersedes the City's ordinance, and City Attorney Rosenthal explained that it will after July 1, 2010; however, any violation prior to that date will still be subject to the City's ordinance. He also inquired about uniformity for the judgment of careful and prudent, and Lt. Dreasher stated that a standard may be developed, but at the moment there is not. ADJOURNMENT Meeting adjourned at 10:23 p.m. Respectfully submitted, ~. ~ \ ~ /'fA / a tillner, Recor ing Secretary . ... ~ Rob Minarcin, Chairman Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 60f6