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Home My WebLink About06-17-2010 MinutesTHE CITY OF OCOEE POLICE INFRACTION HEARING BOARD MEETING JUNE 17, 2010 CALL TO ORDER Chairman Minarcin 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 PRESENT: Chairman Minarcin, Vice-Chair Chinelly, Members Amey, Ball, Fry, Laney and Lopez-Anderson. Also present were Commissioner Wilsen, City Attorney Rosenthal, Lt. Dreasher, Ofc. Clark, Ofc. Hunt, CSA Michaelis, CSA Sulkowski, 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 Minarcin asked if anyone in the audience would like to abandon their appeal before the hearing begins. Respondents that wished to abandon their appeal, and pay the civil fine: Respondent Case Number Steven Krishnaw or Adriana Randolph 1291000021828 Cynthia Ballard 1291000015820 Gregory and Carla Washington 1291000026116 Quest Diagnostic, Inc. 1291000020382 Apostolic Worship Center Church 1291000027486 Alonza Thomas 1291000047187 Bery and Altagrace Bastien 1291000025332 Abebe Teka 1291000025423 PRESENTATION OF CASES Case numbers were not necessarily presented in docket order. Hearings order varied to accommodate the respondents that were present. #30159 Neita/Morris -Respondent paid the civil fine prior to the hearing. #24624 Josecite -Respondent paid the civil fine prior to the hearing. #28104 Ortiz -Respondent wished to abandon his appeal, and pay the civil fine. #30001 Jenkins - Ofc. Hunt presented his evidence as to why a citation was issued to Ms. Jenkins. Ms. Jenkins submitted an affidavit to contest the citation. Ms. Jenkins stated that she did go through the red light, but did so unintentionally. She explained to the board that because she was behind a large truck, she was unable to see the traffic light and followed the truck through the intersection. Vice-Chair Chinelly asked Ms. Jenkins if she had an opportunity to view the video of her violation, and she stated she had. Page 1 of 6 Member Fry made a motion to denv Ms. Jenkins 'appeal, seconded by Member Amev. Motion passed S-2 with Members Lanev and Ball opposing. #22222 Colon -Respondent wished to abandon her appeal, and pay the civil fine. #24475 McCree - Ms. Mary McCree wished to transfer the liability for the citation to her daughter, Kiara McCree. #24111 Thomas -Respondent wished to abandon his appeal, and pay the civil fine. #30993 Mirville - Ofc. Hunt presented his evidence as to why a citation was issued to Mr. Mirville. Mr. Mirville submitted an affidavit and a letter to contest the citation. Mr. Mirville stated that he was unaware that the law mandates that a vehicle must stop prior to making a right turn on red. Member Amey asked if he ever stopped at a red light prior to making a right turn, and he stated that he generally does not. Member Laney explained to him that no points will be assessed against his driver's license. City Attorney Rosenthal stated that the law has always mandated that a vehicle must come to a complete stop prior to making a right turn on red. Member Amev made a motion to denv Mr. Mirville's appeal, seconded by Member Lopez- Anderson. Motion passed 6-1, with Member Lanev opposing. #24228 Shantel-Sade/Cromartie -Respondent wished to abandon her appeal, and pay the civil fine. #25803 Valente -Respondent wished to abandon her appeal, and pay the civil fine. #48771 Andrews/Sabb - Ofc. Hunt presented his evidence as to why a citation was issued to Ms. Andrews. Lt. Dreasher suggested this case be dismissed due to the A shot showing that the front tires crossed the stop bar. Chairman Minarcin granted the dismissal of the case. #46494 Nelson - Ofc. Hunt presented his evidence as to why a citation was issued to Ms. Nelson. Ms. Nelson submitted an affidavit and a letter to contest the citation. Ms. Nelson stated that she was not the driver of the vehicle on the date of infraction; however, was unable to provide the board with the actual driver, because she often lends her vehicle to family and friends. Member Laney stated that if she knew who the actual driver was, liability could be transferred to the driver. She further stated that Ms. Nelson could approach the City Commission to modify the ordinance to include a diversion program. City Attorney Rosenthal stated that the effort would be futile, because state legislature goes in effect July 1, 2010, which terminates the current City ordinance. Once that happens, state law goes into effect, and the City will not have discretion to include diversion programs. Member Fry made a motion to denv Ms. Nelson 's appeal, seconded by Member Amev Motion passed 6-1, with Member Lanev opposing. # 15465 Rutherford -Respondent was not present for the hearing; however, her grandson, Don Friend, attended the hearing on her behalf. Ofc. Hunt presented his evidence as to why a citation was issued to Ms. Rutherford. An affidavit and a letter to contest the citation were submitted by Ms. Rutherford and Don Friend. Mr. Friend stated that he read the Code of the City of Ocoee, § 168, Traffic Light Safety, section 19, Appeal to Hearing Board, subsection C, and interpreted it to say that only when the vehicle is under the care of an individual without the Page 2 of 6 owner's consent, then it is required to list the actual driver's information. Therefore, the affidavit that he submitted without the actual driver's information should suffice. Member Amey asked if the vehicle was stolen, and Mr. Friend stated that it was not. City Attorney Rosenthal stated that the form clearly indicates that a person must indicate who the actual driver is in order to transfer the liability; otherwise the owner of the vehicle is responsible for the citation. He further explained that § 168-20, Vehicle Owner Affidavit ofNon-Responsibility, reads that the vehicle owner must demonstrate that they were not driving the vehicle at the time of the infraction by supplying the actual driver's information. Mr. Friend stated that requiring a respondent to name someone else is a form of coercion. He further stated that the court does not have a preponderance of evidence; therefore, the case should be dismissed. Vice-Chair Chinelly asked Mr. Friend to explain to the board why he felt the requirement to supply the driver's information is coercion. Mr. Friend stated that having to provide the actual driver's information, or personally paying the fine, is a form of coercion. Vice-Chair Chinelly stated that the board's purpose is to view evidence provided and to determine if a violation occurred, and it is a reasonable expectation to ask respondents to provide the board with the information of the actual driver. City Attorney Rosenthal stated that the ordinance is in no way meant to be coercive; instead, it allows the vehicle owner the opportunity to transfer the liability in the case that they were not driving the vehicle. Member Lopez Anderson made a motion to deny Ms. Rutherford's appeal, seconded by Member Amey. Motion passed 6-1, with Member Laney opposing. # 17891 Pikula -Respondents were not present for the hearing, but were represented by Attorney Mark Longwell of the law office of Longwell & Gentle, P.A. Attorney Longwell stated that the case should be dismissed, because procedural due process was not followed. He stated that his clients' due process was violated, because they did not receive their hearing within sixty days, as mandated in the Code of the City of Ocoee, § 168, Traffic Light Safety, section 19, Appeal to Hearing Board, subsection B, Upon receipt of an appeal, the Ciry shall schedule a hearing before the Hearing Board to occur not less than 60 days after the City's receipt of the appeal request. City Attorney Rosenthal explained to Attorney Longwell that the ordinance states that the City is required to schedule the hearing not less than sixty days after receipt of the appeal request, not actually hold the hearing. The evidence showed that the infraction occurred on February 16, 2010, and a letter with the scheduled hearing date was mailed on March 23, 2010. City Attorney Rosenthal stated that the board's purpose is to hear the evidence, address the preponderance of evidence, and make a ruling based on the evidence provided. Chairman Minarcin asked that the officer present the evidence so that the board could consider all evidence in the case. Ofc. Clark presented his evidence as to why a citation was issued to Mr. and Mrs. Pikula. The Pikula's submitted an Affidavit ofNon-Responsibility to contest the citation indicating that the vehicle was in the care, custody or control of another person; however did not include the actual driver's information. Attorney Longwell stated that they did not provide the actual driver's information on the affidavit, because as written, the ordinance does not require it. He further stated that the ordinance and the form do not mandate the actual driver's information, because the term "shall" is not used. He interpreted the ordinance to say that the vehicle owner is only responsible for the citation if they were the driver, or if they consented someone else to drive their vehicle. Member Amey asked if the vehicle was stolen, and if not, who the driver was. Attorney Longwell stated that it is possible for a vehicle to be used without consent, and not be stolen either. Attorney Longwell additionally stated that the ordinance requires that the Notice of Infraction to have an official signature, and the Mr. and Mrs. Pikula's notice was unsigned. Therefore, based on this information, the case should be dismissed. Lt. Dreasher confirmed that per the ordinance all infractions should have official Page 3 of 6 signatures, and that American Traffic Solutions, Inc. inadvertently mailed some infractions without the needed signature. Lt. Dreasher suggested that the case be dismissed, because pursuant to Code of the City of Ocoee, § 168, Traffic Light Safety, section 17, Notice of Infraction, subsection K, the Notice of Infraction must have an official signature. MemberAmev made a motion to dismiss case number 1291000017891/Pikula due to a lack o~ an official signature on the Notice oflnfraction seconded by Member Ba[~ Motion passed unanimously. #20531 Mills -Vice-Chair Chinelly recused himself due to his working relationship with the respondent. Respondent wished to abandon his appeal, and pay the civil fine. #23030 Brihammar - Ms. Brihammar's hearing was rescheduled due to illness. #33500 Soccorso/Ventola -CSA Michaelis presented her evidence as to why a citation was issued to Mr. Soccorso. Mr. Soccorso was not present for the hearing; however, an affidavit and a letter were filed to contest the citation. MemberAmev made a motion to deny Mr. Soccorso 's appeal seconded by Member Fr_y Motion passed unanimously #26686 Henry -CSA Michaelis presented her evidence as to why a citation was issued to Ms. Henry. Ms. Henry was not present for the hearing. Lt. Dreasher suggested this case be dismissed due to the A shot showing that the front tire crossed the stop bar, and per business rules, the A shot must clearly show the vehicle behind the stop bar. MemberAmev made a motion to grant Ms. Henr ~ 's peal seconded by Member Laney_ Motion passed S-2, with Members Fry and Lopez Anderson opposing #31173 Hill - Ofc. Hunt presented his evidence as to why a citation was issued to Ms. Hill. Ms. Hill was not present for the hearing; however, an affidavit was filed to contest the citation. Member Fry made a motion to deny Ms. Hill 's appeal seconded by Member Lopez Anderson Motion passed unanimously. #47773 Coffee - Ofc. Hunt presented his evidence as to why a citation was issued to Ms. Coffee. Ms. Coffee was not present for the hearing. An Affidavit ofNon-Responsibility was filed to contest the citation indicating that the vehicle was in the care, custody or control of another person; however, Ms. Coffee provided her own information as the actual driver. Member Fry made a motion to den MY s. Coffee 's appeal seconded by Member Amey Motion passed unanimously. #20747 Aviles - Ofc. Clark presented his evidence as to why a citation was issued to Mr. Aviles. Mr. Aviles was not present for the hearing; however, an affidavit and a letter were filed to contest the citation. Member Lopez Anderson made a motion to deny Mr Aviles' appeal seconded by Member Amey. Motion passed unanimously Page 4 of~6 #22057 Galka - Ofc. Clark presented his evidence as to why a citation was issued to Ms. Galka. Ms. Galka was not present for the hearing; however, an affidavit was filed to contest the citation. MemberAmev made a motion to deny Ms. Galka's appeal, seconded by Member Ball. Motion passed unanimously. #22214 -Market Traders Institute, Inc. - Ofc. Clark presented his evidence as to why a citation was issued to Market Traders Institute, Inc. Market Traders Institute, Inc. was not present for the hearing; however, an affidavit was filed to contest the citation. Member Lopez Anderson made a motion to deny Market Traders Institute, Inc. 's appeal, seconded by MemberAmev. Motion passed unanimously. #24079 -Market Traders Institute, Inc. - Ofc. Clark presented his evidence as to why a citation was issued to Market Traders Institute, Inc. Market Traders Institute, Inc. was not present for the hearing; however, an affidavit and a letter were filed to contest the citation. Member Lopez Anderson made a motion to denv Market Traders Institute Inc. 's appeal seconded by Member Amey. Motion passed unanimously. #24517 Bonilla - Ofc. Clark presented his evidence as to why a citation was issued to Mr. Bonilla. Mr. Bonilla was not present for the hearing; however, an affidavit and a letter were filed to contest the citation. MemberAmev made a motion to denv Mr. Bonilla's appeal, seconded by Member Fry. Motion passed unanimously #23352 Udit - Ofc. Clark presented his evidence as to why a citation was issued to Mr. Udit. Mr. Udit was not present for the hearing, and an affidavit was not filed to contest the citation. MemberAmev made a motion to denv Mr. Bonilla's appeal, seconded by Member Balb Motion passed unanimously. ADJOURNMENT Meeting adjourned at 9:46 p.m.; board resumes for new business. REGULAR AGENDA A. Approval of Minutes for May 20, 2010 Member Laney motioned to accept the minutes for Mav 20, 2010, seconded by Member Ball. Motion passed unanimously, with Member Lopez Anderson not votingdue to her absence on Mav 20, 2010. BOARD OR OFFICERS COMMENTS OR QUESTIONS Lt. Dreasher and City Attorney Rosenthal discussed the changes to the Red Light Running Program to begin July 1, 2010. Changes will include: • The fee will change from $125 to $158. • Violations occurring after July 1, 2010 will not be reviewed by the board. Page 5 of 6 • Opening comments by the Chairman may change to explain that hearings of violations prior to July 1, 2010 fall under the City ordinance, and not the House Bill. • Unpaid violations will be issued a Uniform Traffic Citation (UTC). • If a UTC is issued, and the vehicle owner does not pay the UTC, their license will be suspended. • Department of Transportation signs that state Right Turn on Red Enforced will replace current signs. • If a respondent has financial difficulties, they can fill out a financial affidavit to prove financial hardship and have longer to pay. ADJOURNMENT Meeting adjourned at 10:13 p.m. Respectfully submitted, vL~?~~ ' a Turner, Recording Secretary ~- Rob Minarcin, Chairman Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 6 of 6 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ' COUNTY. MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS i.An'T YA.~tE-FIRST VA.`tE-.~(IDDLE V.4`tE ~1A1NE OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COyI.~tITTEE CNrN'1;~ os ~ oco>~ ~~t,icE ~~~~~~rJ 4~~~i~~ SdA~R~ `tAlLIN ~ DDRESS ~5~~ ~D THE BOARD, COU.IC[L, COMMISSION, AUTHORITY OR COMMITTEE ON i 5 WHICH I SERVE IS A UMT OF: CITY COUNTY ~ CITY O COUNTY O OTHER LOCAL ACF~ iCY O ~ ~ I ~ ~ O„ ~.1G r NAME OF POLITICAL S(7BDIVISION: DATE N W CH VOTE OCCURRED ~"~1°~ G 1AY POSITION IS: ~~''~~~ `p O ELECTIVE D APPOINTIVE WHO MUST FILE 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. Ynur resDOnsibilities 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 form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA. STATUTES .~ person holding elective or appointive county, municipal, or ocher local public office 1VIUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting 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 retained .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 co the special private gain or loss of a business associate. Commissioners of community redevelopment agencies 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 not pro- hibited from voting in that capacity. For purposes of this law, a "relative" includes only the off'icer's father, mother, son, daughter, husband, wife, brother, sister, facher- in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying 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. : .~ APPOIIV'I'ED 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 TOI~tAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WII,L BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meering, 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 after the form is filed. CE i-0RM BB -REV. 1/95 PAGE 1 IF YoU MAID NO ATTE.4iPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE 1bfEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form 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 tha form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ~ OS ~~ }~ ~ : (~ - ~~ -L~~ .hereby disclose that on J u r~ ~- ~ ~ , ~ j O (a) A measure came or will come before my agency which (check one) t _ inured to my special private gain or loss; ~C~iS'~ #' `~Z' 9 )~~~~~0 ~'~J 3 inured to the special gain or loss of my business associate, UyNv~~~ Irl~ ~LS ~b"~fJo{ZK~ A~ _ inured to the special gain or loss of my relative, ~~~~~ D ~~~ 0~ ~~?~S~'Q~f~~Al _ inured to the special gain or loss of . by whom I am retained; or _ inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed Signatu 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: IIvIPEAC):•l1VVIEENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 -REV. t/95 PAGE 2