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HomeMy WebLinkAbout07-15-2010 MinutesTHE CITY OF OCOEE POLICE INFRACTION HEARING BOARD MEETING JULY 15, 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, Members Ball, Fry, Laney and Lopez-Anderson. Also present were Commissioners Wilsen and Johnson, City Attorney Hamilton, Lt. Dreasher, Officers Allen, Hunt and Wofford, CSA Michaelis, CSA Sulkowski, Court Clerk Decaul and Recording Clerk Turner. ABSENT: Member Amey (excused) and Vice-Chair Chinelly (excused). 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 Janice Priester 1291000031611 Janice Priester 1291000038434 Conrad Farrelly 129100003531 S Carol Eagle 1291000036099 Doris Kimraj 1291000042246 Dennis Dolinsky 1291000037360 Maricela and Alberto Medina 1291000047708 Margaret Simpson 1291000041891 PRESENTATION OF CASES Case numbers were not necessarily presented in docket order. Hearings order varied to accommodate the respondents that were present. #34144 Persad -Case dismissed prior to the hearings, because respondent is deceased. #33187 Chauncey - Ofc. Wofford presented her evidence as to why a citation was issued to Ms. Chauncey. Ms. Chauncey submitted a signed hearing request, but no additional paperwork was included. Member Fry made a motion to deny Ms. Chauncey's appeal, seconded by Chairman Minarcin. Motion failed due to a tie vote 2-2 with Members Laney and Ball opposing. Due to a tie vote, the case was dismissed and no Vines imposed. #41024 Rivera -Respondent wished to abandon her appeal, and pay the civil fine. #40638 Carrasquillo -Respondent wished to abandon his appeal, and pay the civil fine. Page 1 of 3 #34573 Baker- Ofc. Allen presented his evidence as to why a citation was issued to Ms. Baker. Ms. Baker submitted a signed hearing request, but no additional paperwork was included. Member Lopez Anderson made a motion to deny Ms. Baker's appeal, seconded by Member Balb Motion passed unanimously. #35943 Patel - Ofc. Allen presented his evidence as to why a citation was issued to Mr. Patel. Mr. Patel submitted an affidavit, and a letter to contest the citation. Member Fry made a motion to deny Mr. Patel 's appeal, seconded by Chairman Minarcin. Motion failed 2-3 with Members Ball, Laney, and Lopez Anderson opposing. Case was dismissed, and no Vines imposed. #29235 Pitts -Chairman Minarcin recused himself due to his working relationship with the respondent. CSA Sulkowski presented his evidence as to why a citation was issued to Mr. Pitts. Mr. Pitts submitted a signed hearing request, but no additional paperwork was included. Lt. Dreasher informed the board that the vehicle was travelling at a speed of sixty-one miles per hour when it reached the stop bar, and the speed limit at that intersection is forty-five miles per hour. Mr. Pitts explained to the boazd that he was travelling at that speed, because he was having car troubles and wanted to get out of everyone's way before he broke down. Mr. Pitts submitted receipts to show that he had his vehicle serviced. The receipts were dated for May 22, 2010, and his infraction occurred on Mazch 6, 2010. Member Ball made a motion to deny Mr. Pitts' appeal, seconded by Member Laney. Motion failed due to a tie vote 2-2 with Members Lopez Anderson and Fry opposing. Due to a tie vote the case was dismissed and no Vines imposed. #37402 Fleming -CSA Sulkowski presented his evidence as to why a citation was issued to Ms. Flemming. Ms. Fleming submitted a signed hearing request, but no additional paperwork was included. Member Fry made a motion to deny Ms. Flemings appeal, seconded by Member Lopez- Anderson. Motion passed unanimously. #39606 Venegas -CSA Sulkowski presented his evidence as to why a citation was issued to Mr. Venegas. Mr. Venegas submitted a signed hearing request, but no additional paperwork was included. Mr. Venegas stated that he did violate the law, and understands that in doing so he was in the wrong, but the imposed fine of $125 is an exuberant amount for a college student. He further explained that he received two (2) citations. City Attorney Hamilton stated that the board could consider both citations, but Lt. Dreasher stated that because the second violation is not on the docket, the evidence could not be presented. Member Laney stated that the boazd does not have discretion to waive the fee. Mr. Venegas then stated that he actually received three (3) citations, and paying for all three (3) citations is overwhelming. City Attorney Hamilton explained to the boazd that although they do not have the discretion to waive the civil fine, they can use discretion and dismiss the case due to financial hazdship. Member Fry made a motion to deny Mr. Venegas 'appeal, seconded by Member Lopez- Anderson Motion passed 4-1 with Member Lopez Anderson opposing. Page 2 of 3 #40562 Joseph -Respondent paid the civil fine prior to the hearings. #43087 Johnson - Ofc. Hunt presented his evidence as to why a citation was issued to Ms. Johnson. Upon review of the information provided by American Traffic Solutions, Inc. (ATS), it was determined that Ms. Johnson had asked for her hearing to be rescheduled. Due to this information, no action was taken against this case. #52393 Robertson - Ofc. Hunt presented his evidence as to why a citation was issued to Ms. Robertson. Ms. Robertson was not present for the hearing; however, an affidavit and a letter were filed to contest the citation. Member Fry made a motion to deny Ms. Robertson's appeal seconded by Chairman Minarcin. Motion passed 3-2 with Members Ball and Lopez Anderson opposing. ADJOURNMENT Meeting adjourned at 7:58 p.m.; board resumes for new business. REGULAR AGENDA A. Approval of Minutes for June 17, 2010 Member Laney motioned to accept the minutes for June 17 2010 seconded by Member Lapez- Anderson. Motion passed unanimously. BOARD OR OFFICERS COMMENTS OR QUESTIONS Sgt. Wagner discussed with the board his concerns with having the computer in the lobby to show respondents their violation videos. He stated that he did not want respondents to feel swayed to abandon their appeal. Members Ball and Laney stated that keeping the computer in the lobby is a great idea, because in the past many respondents did not view their video prior to the hearings. Lt. Dreasber stated that both the City Attorney and the Mayor support having the computer in the lobby. Lt. Dreasher explained to the board that the City is working hard on setting up new business rules, and procedures for the new contract. He stated that currently, 61.4% of infractions are paid, and once it goes to county that percentage will increase. Member Laney stated that the program promotes public safety by reducing the number of accidents. ADJOURNMENT Meeting adjourned at 8:09 p.m. ~s~p~tfully submitted, ---_.,. D' urner, Recording Secretary ~ 0 ~~ Rob Minarcin, Chairman Contact the City Clerk's Off ce to listen to an electronic copy of these minutes. Page 3 of 3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ' COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS i.A31' VA.\1E-FIRST YA.`1 E-btI DLE VAME YAME OF BOARD, COUNCIL, COMM1SS10N, AUTHORITY, OR C0:14. TTEE M ~ n1.42 C /~ .~ v ~v Cam- T ~ ~~v~ I C c' ~~l~~oc.~o,/ ~,~,G- .~~dc ~ ~tA1LING ADD THE BOARD, COL^ICIL, COMMISSION, AUTHORITY OR COMMITTEE ON i ~~~, A~,Q C (`j L/~~ WHICH 1 SERVE IS A UMT OF: CITY !F COUNTY •CiTY ^ COUNTY 0 OTHER IACAL AGE~`fCY OCUL- L U,•~,,0,,/(,~ NAME OFPOLITI ALSUBDM N: ~ ~ T ~ o~ OGo~~ / ~ O' ~ ® I ..• . • •,•'• • ••,•. •... ^ ELECTrvE APPOINTIVE WHO MUST FILE FORM 8B 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 form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA. STATUTES :~ person holding elective or appointive county, municipal, or other local public office MUST 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 to 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-voce basis are not pro- hibited from voting in that capacity. For purposes of this ]aw, a'~-e]ative" includes only the officer's 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 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. 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 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 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 after the form is filed. CE i-0RM 8B -REV. 1/95 PAGE 1 IF YOU MAKE NO ATTEIID?T TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE I1dEETL~iG: • 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 immeaiutely 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, ~~ 3~=^'T /`1 ~'f ~~,Ci''~ .hereby disclose that on JZ ~' (a) A measure came or will rnme before my agency which (check one) inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, l5 .Zo/O >~s inured to the special gain or loss of my relative, _ 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: ~4~i"r =o C ~ ~ G- Gir J %--c..ra /-~'~ ~ ~ ~ ~~a c~`7o~v , ~. ~- ~vJ c-~~ M/J i ~'2 ~ ~s Signature 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: IMPEACHIvIENT, 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. 1/95 ~~ ~f L- ~ ~ UZ ~~1/v~/~"7 Sam'/ PAGE 2