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HomeMy WebLinkAbout04-15-2010 Minutes THE CITY OF OCOEE POLICE INFRACTION HEARING BOARD MEETING APRIL 15,2010 CALL TO ORDER Chairman Minarein 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 Ball, Fry, Laney and Lopez-Anderson. Also present were City Attorney Paul Rosenthal, Lt. Dreasher, Sgt. Wagner, Officers Allen, Hunt, Roberts, and Tillman, CSA Sulkowski, Court Clerk Decaul and Recording Clerk Turner. ABSENT: Member Arney (absent excused). Chairman Minarein 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. Carolyn Wyatt, case number 1291000003685, wished to abandon her appeal and pay the civil fine. PRESENT A TION OF CASES Case numbers were not necessarily presented in docket order. Hearings order varied to accommodate the contestants that were present. #26044 Flores - CSA Sulkowski presented his evidence as to why a citation was issued to Mr. Flores. Mr. Flores submitted an affidavit to contest the citation. Mr. Flores stated that he ran the red light because the yellow light was too short, and it did not allow him enough time to stop. Chairman Minarein explained to Mr. Flores that his vehicle was behind the stop bar when the light had turned red, so he should have stopped regardless. Member Fry stated that when a light turns yellow, to slow down in anticipation of the red light. Member Frv made a motion to denv Mr. Flores's appeal, seconded bv Chairman Minarcin. Motion passed 4-2. with Members Ball and Looez-Anderson opposim!. Member Laney inquired about what to do in the event of a tie vote due to the presence of an even amount of board members (six). City Attorney Rosenthal explained that if there was a tie vote, no motion would carry and the vote would die; the appeal would not be granted, or denied. The board would have the option to discuss until the tie is broken. #26432 Wootson - ore. Hunt presented his evidence as to why a citation was issued to Mr. Wootson. Mr. Wootson submitted an affidavit, and included a letter contesting the infraction. Mr. Wootson explained to the board that he allowed his neighbor to borrow his vehicle, but due to financial difficulties experienced by the actual driver, he did not want to mention the young man's name. Vice-Chair Chinelly asked Mr. Wootson ifhe was aware of the option to transfer the liability to the actual driver. Mr. Wootson explained that he was aware, but did not want to burden the young man with the citation. Page 1 of6 Member Frv made a motion to deny Mr. Wootson's appeal. seconded bv Member Ball. Motion passed unanimously. #16554 Brenden - Ofe. Roberts presented her evidence as to why a citation was issued to Ms. Brenden. Ms. Brenden submitted an affidavit, and included a letter contesting the infraction. Ms. Brenden stated that she was not sure who the driver of her vehicle was on the date of the violation, because she allows friends to drive her vehicle. Chairman Minarcin explained that if she gave the actual driver's information, the court would transfer the liability for the violation to the actual driver; however, Ms. Brenden again explained that she did not know exactly who the driver was. She stated that the burden ofprooflies on the City, and that she should not have to provide such information. Vice-Chair Chinelly asked Ms. Brenden if she was the owner of the vehicle, and if she recognizes the responsibility for control over the vehicle. Ms. Brenden stated that she would be responsible if the driver was in a car accident while driving her vehicle, but not if the person received a ticket. City Attorney Rosenthal explained to the board that they are only responsible for addressing the violation, and not the constitutionality of the ordinance itself. Member LODez-Anderson made a motion to deny Ms. Brenden's appeal. seconded bv Member Ball. Motion passed unanimously. Chairman Minarcin asked City Attorney Rosenthal where Ms. Brenden could appeal the board's decision. City Attorney Rosenthal explained that if Ms. Brenden chose to appeal the board's decision based on the constitutionality of the ordinance, she would have to do it through the circuit court. If her appeal was based on the board's decision, then she would have to go through the county court. #00655 MathlynlJohnson - Ofc. Hunt presented his evidence as to why a citation was issued to Mr. Mathlyn. Mr. Mathlyn submitted an affidavit to contest the citation. Mr. Mathlyn explained to the board that he ran the red light because the intersection appeared to be free of traffic; therefore, he felt it was fine to proceed without stopping. Member Frv made a motion to deny Mr. Mathlvn's appeal. seconded bv Member LODez- Anderson. Motion passed unanimously. #01598 LeggettJBurkhalter - CSA Sulkowski presented his evidence as to why a citation was issued to Ms. Legett and Mr. Burkhalter. Contestants were not present for the hearing, and an affidavit was not filed to contest the violation. Member LODez-Anderson made a motion to deny Ms. Leflflett's and Mr. Burkhalter's appeal. seconded bv Member Frv. Motion passed unanimous Iv. #01853 Marshal- Ofc. Allen presented his evidence as to why a citation was issued to Mr. Marshal. An affidavit contesting the citation was filed by Mr. Marshal. Mr. Marshal stated that he turned on red because he did not see any signs stating not to. Vice-Chair Chinelly explained to the contestants the difference between intersections with signs stating, "No turn on red" and intersections without such signs. Member Ball made a motion to deny Mr. Marshall's appeal, seconded bv Member LODez- Anderson. Motion passed unanimously. Page 2 of6 #03305 Ranglall- Ofc. Hunt presented his evidence as to why a citation was issued to Mr. Ranglall. Mr. Ranglall did not file an affidavit to contest the citation. Member Ball asked if the timing cycles for the cameras are all the same, and Lt. Dreasher confirmed that they are. Chairman Minarein explained that right hand turns can be made at an intersection, but a vehicle must come to a complete stop at the cross bar prior to turning. Member Frv made a motion to deny Mr. Ranfllall's appeal, seconded bv Member Looez- Anderson. Motion passed unanimously. #04022 Lamour - Ofc. Allen presented his evidence as to why a citation was issued to Ms. Lamour. Ms. Lamour submitted an affidavit, and included a letter contesting the infraction. Ms. Lamour explained to the board that she travels the same path every morning and is aware of the red light cameras. After reviewing the evidence, Ms. Lamour explained to the board that on the date of the violation, she was running late and did not come to a complete stop at the cross bar. Member BaD asked Ofc. Allen if the violation happened eight tenths of a second after cycling red, and Ofc. Allen declared that it did. Vice-Chair Chinelly inquired about the date the camera on A.D. Mims Road and Clarke Road was installed, and Lt. Dreasher stated that it was installed in December 2009. Vice-Chair Chinellv made a motion to deny Ms. Lamour's appeal, seconded bv Member Looez- Anderson. Ms. Lamour expressed her concern about contestants not having their appeals granted. Viee- Chair Chinelly stated that the board's purpose is to see if a violation occurred, and make decisions based upon evidence provided. Member Lopez-Anderson asked Lt. Dreasher what the time difference between A and B shot photos of any violation, and Lt. Dreasher explained that it is dependant on the speed of the vehicle. Vice-Chair Chinelly explained to the contestants that appeals can be granted if a turn on red must be made without stopping in order to move for emergency vehicles, or if the vehicle owner can prove that they were not the driver of the vehicle. City Attorney Rosenthal explained to the board that they have been granted the power to use discretion as described in the Code of Ordinances ~ 168, "Traffic Light Safety Article", section 19, Appeal to Hearing Board. He further explained that decisions should be fact scenario based, and consistent with similar situations. Member Fry asked City Attorney Rosenthal if inconsistency should occur, does one become liable for such actions. City Attorney Rosenthal explained to the board that if inconsistency issued did come up, that the board would be addressed, but not liable. Chairman Minarein asked Lt. Dreasher if warnings were given about the installation of the red light cameras. It was explained to the board that a variable message board warning the public of red light running cameras was in place prior to the installation of the cameras. Vice-Chair Chinellv made a motion to deny Ms. Lamour's appeal, seconded bv Member Looez- Anderson. Motion failed due to a tie vote, 3-3. Members Ball. Lanev. and Looez-Anderson oppOSinfl. City Attorney Rosenthal explained to the board that because of the tie vote, the appeal was not granted or denied. The board had the option to hear the case on a later date, further discuss the appeal, or make another motion. Member Looez-Anderson made a motion to f.!rant Ms. Lamour's appeal, seconded bv Member Lanev. Motion failed due to a tie vote, 3-3. Members Chinellv, Frv. and Minarcin opposinfl. Page 3 of6 Discussion ensued about the tie vote for case number 1291000004022, Kathleen Lamour, and City Attorney Rosenthal stated that the board can make a motion to adopt a rule stating that in the event of a tie vote, the appellant prevails, and no fine is imposed. Chairman Minarcin made a motion to adoJJt a rule that states in case of a tie vote, the appellant prevails, and no administrative or violation fine will be imposed, seconded bv Member Looez- Anderson. Motion passed 5-1, with Member Frv opposinf.!. Member Lanev made a motion that the new rule be applied in Ms. Lamour's case, seconded by Member Looez-Anderson. Motion passed 5-1, with Member Frv opposinf.!. #04469 Tulshi - Respondent paid the citation fine prior to the hearing. #05482 Barkoczi - Ofe. Allen presented his evidence as to why a citation was issued to Mr. Barkoczi. An affidavit was filed by Mr. Barkoczi. Mr. Barkoczi explained to the board that his view of the traffic light was obscured by a school bus; therefore, he proceeded through the intersection. Vice-Chair Chinelly stated that when driving behind a large vehicle, especially while entering an intersection, a driver should be far enough back to have the ability to see the light. Vice-Chair Chinellv made a motion to deny Mr. Barkoczi's appeal. seconded bv Member Frv. Motion failed due to a tie vote. 3-3. Members Ball. Lanev. and Looez-Anderson oOOOSinJl. Due to the new rule. the case was dismissed, and no fines imposed. #06290 Y oham - Ofc. Hunt presented his evidence as to why a citation was issued to Mr. Y oham. Mr. Y oham stated that the reason he ran the light was due to his assumption that a right hand turn on red could be made if caution was used. Chairman Minarcin explained that in Florida, a right hand turn can be made, but one must first stop at the cross bar. Member Frv made a motion to deny Mr. Yoham's appeal, seconded bv Member Looez- Anderson. Motion passed unanimously. #07207 Brown - Ofc. Allen presented his evidence as to why a citation was issued to Ms. Brown. An affidavit was filed, and a letter to contest the citation was included by Ms. Brown. Ms. Brown asked Ofe. Allen ifhe personally witnessed her vehicle committing the violation, and Ofc. Allen explained that he did not, but the violation was captured on camera. Discussion ensued between Ms. Brown and Ofc. Allen about the chain of custody of the video, tracking log, and the camera's calibration. City Attorney Hamilton explained to Ms. Brown that the City may issue notices of infractions based on the Code of Ordinances ~ 168, Traffic Light Safety Article, section 16, Reviewing of Recorded Images: The owner of a vehicle observed by recorded images committing a red zone infraction shall be issued a notice of infraction. The recorded images shall be sufficient grounds to issue a notice of infraction. Ms. Brown stated that she was not the operator of her vehicle, instead it was her husband. The board offered to transfer the liability to her husband, but she declined. Member Frv made a motion to deny Ms. Brown's appeal, seconded bv Member Looez- Anderson. Motion passed 5-1, with VICe-Chair Chinellv opposinf.!. Page 4 of6 #07611 Comer - Ofc. Allen presented his evidence as to why a citation was issued to Ms. Comer. Ms. Comer stated that she believed that when making a right hand turn on red, it was only necessary to yield and not stop. Vice-Chair Chinellv made a motion to deny Ms. Comer's aopeal, seconded bv Member BalL Motion oassed unanimous Iv. #07843 Bruegger - Respondent paid the citation fine prior to the hearing. #'09526 Garcia - Ofe. Tillman presented her evidence as to why a citation was issued to Mr. Garcia. An affidavit was filed, and a letter to contest the citation was included by Mr. Garcia. Mr. Garcia explained to the board that on the date the violation occurred, his wife was driving the vehicle. Mr. Garcia further explained that when his wife approached the intersection, the vehicle directly behind her continuously honked its horn at her, and she felt pressure to proceed through the intersection. Member Frv made a motion to f.!rant Mr. Garcia's aopeal. seconded by Member BalL Motion failed due to a tie vote. 3-3. Members Frv, Chinellv. and Minarcin oooosinf.!. Due to the new rule, the case was dismissed, and no fines imoosed. #17537 Mott - Ms. Mott wished to abandon her appeal and pay the civil fine. #21026 Santos - Ms. Enid Santos transferred the liability of the violation to her son, Daniel Rivera. #00830 Balack - Ofe. Hunt presented his evidence as to why a citation was issued to Mr. Balack. An affidavit was filed by Mr. Balack. 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 Frv made a motion to deny Mr. Balack's aooeal, seconded by Member Looez- Anderson. Motion oassed unanimous Iv. #14443 Hause - Mr. and Mrs. Hause wished to abandon their appeal and pay the civil fine. # 14823 Malentin - Ofe. Roberts presented her evidence as to why a citation was issued to Ms. Brown. An affidavit was filed, and a letter to contest the citation was included. Member Fry made a motion to deny Ms. Malentin 's apoeal. seconded bv Member BalL Motion passed unanimously. #07041 Evans/Lopez - Ofc. Allen presented his evidence as to why a citation was issued to Ms. Evans or Ms. Lopez. An affidavit was filed, and a letter to contest the citation was included. Member Ball made a motion to deny Ms. Evan's and Ms. Lopez's aopeal. seconded bv Member Looez-Anderson. Motion oassed unanimous Iv. #02067 Barnes - Ofc. Allen presented his evidence as to why a citation was issued to Ms. Evans or Ms. Lopez. An affidavit was filed by Mr. Barnes to contest the citation. Page 5 of6 Member Frv made a motion to deny Mr. Barnes' aooeal. seconded bv Member Looez- Anderson. Motion oassed unanimously. ADJOURNMENT Meeting adjourned at 10:02 p.m.; board resumes for new business. REGULAR AGENDA A. Approval of Minutes for March 18,2010 Member Lanev motioned to acceJJt the minutes for March 18.2010, seconded bv Member Looez-Anderson. Motion oassed unanimously. BOARD OR OFFICERS COMMENTS OR QUESTIONS Member Laney suggested that there be a way for contestants to view infraction videos prior to the hearings, and Lt. Dreasher stated that the City of Ocoee Police Department houses a kiosk that allows this. Chairman Minarcin suggested that the videos be shown prior to the hearings. City Attorney Hamilton stated that the video may be shown, but must be done prior to the opening of the case. Member Lopez-Anderson suggested educating the contestants about the state statute on red light running. Discussion ensued, and Lt. Dreasher and Sgt. Wagner offered the possibility of making an informational video for contestants to view prior to the hearing. Member Fry stated that because of the high volume of infraction hearings, the board could intermittently allow contestants to abandon their appeals should they choose. Discussion ensued and it was decided that Chairman Minarcin can intermittently ask if anyone would like to abandon their case. The board discussed the use of discretion when granting or denying an appeal, and Sgt. Wagner asked the board to keep safety of the general public in mind when considering an appeal. ADJOURNMENT Meeting adjourned at 10:37 p.m. Member Lanev made a motion to adiourn Aoril 's meetinf.!. seconded bv Member Looez- Anderson. The motion oassed unanimous Iv. Respectfully submitted, , i ' L~~~ ',' ~ Diana Turner, Recor~ing Secretary ~ Rob Minarcin, Chairman Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 60f6