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Home My WebLink About08-19-2010 MinutesTHE CITY OF OCOEE POLICE INFRACTION HEARING BOARD MEETING AUGUST 19, 2010 CALL TO ORDER Vice-Chair Chinelly 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: Vice-Chair Chinelly, Members Amey, Ball, Fry, Laney and Lopez- Anderson. Also present were City Attorney Hamilton, Lt. Dreasher, Officers Allen, Hunt, Tillman and Roberts, CSA Michaelis, CSA Sulkowski, Court Clerk Decaul and Recording Clerk Turner. ABSENT: Chairman Minarcin (unexcused). Vice-Chair Chinelly welcomed everyone and explained the procedures for the hearing. He swore in the officers and the complainants who were present. Vice-Chair Chinelly 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 Jill and James Nikhazy 1291000036107 Jill and James Nikhazy 1291000036941 Cynthia Felix or Pilar Ivory 1291000037576 Dianne Wiley 1291000047252 Judith Boucard and Jean Bernac Charles 1291000044085 Stephen Crews 1291000044192 Whitney Johnson 1291000043087 Sharad Vanechand and Hemkunver Vora 1291000033260 Sharad Vanechand and Hemkunver Vora 1291000038665 Munroe and Merona Parke 1291000042964 Pomia Boles 1291000045389 Rose Richemond 1291000046361 Zamir Zeigler 1291000010045 PRESENTATION OF CASES Case numbers were not necessarily presented in docket order. Hearings order varied to accommodate the respondents that were present. #37964 Gulash -Respondent paid the civil fine prior to the hearing. #40927 Urquhart -Respondent wished to abandon her appeal, and pay the civil fine. #42626 Coleman - Ofc. Roberts presented her evidence as to why a citation was issued to Mr. Coleman. Mr. Coleman submitted a signed hearing request, but no additional paperwork was included. Mr. Coleman asked Ofc. Roberts if making a right turn on red is against the law. Ofc. Roberts explained that a vehicle can make a right turn on red, but must first come to a complete stop. Mr. Coleman stated that the video showed many other vehicles turning on red, Page 1 of 3 and also showed that he did slow down. Member Fry explained that the law requires a vehicle to come to a complete stop before making a right turn on red. Mr. Coleman stated that he approached the intersection in a safe manner, and made sure that he did not cause harm, or get in anyone's way. He further stated that the civil penalty for not coming to a complete stop is excessive. *Approximately one (1) minute of audio was lost due to a power outage at 7.•44 pm. Lt. Dreasher stated that the A shot, shows Mr. Coleman's speed to be fifteen miles per hour at the stop bar. Member Laney explained to Mr. Coleman that no points will be assessed against his driving record. Mr. Coleman stated that there is no proof that he was driving his vehicle on that date, and Member Laney stated that he could transfer the liability if he knew who the driver was. Mr. Coleman chose not to transfer the liability for the citation. Member Fry made a motion to denv Mr. Coleman's appeal, seconded by Member Lopez- Anderson. Motion passed unanimously. #43236 Sanders - Ofc. Roberts presented her evidence as to why a citation was issued to Ms. Sanders. Ms. Sanders was not present for the hearing. She submitted a signed hearing request, but no additional paperwork was included. Member Amev made a motion to denv Ms. Sanders 'appeal, seconded by Member Ball. Motion passed unanimously #44051 Valdez - Ofc. Roberts presented her evidence as to why a citation was issued to Mr. Valdez. Mr. Valdez was not present for the hearing; however, an affidavit was filed to contest the citation. Member Ball asked Ofc. Roberts to confirm that the light had been red for point one (.1) seconds. Ofc. Roberts confirmed this information to be accurate by reviewing the still shots. During a review of the evidence, Vice-Chair Chinelly discovered that Mr. Valdez submitted an address change with his paperwork; however, the provided evidence did not indicate if additional paperwork about the hearing was mailed to his new address. Board discussion ensued about the length of time that the light was red, and Member Fry stated that the traffic light was yellow for approximately three seconds, and that a yellow light means that a driver should be prepared to stop. Lt. Dreasher stated that the light was yellow for three point five (3.5) seconds. Member Ball made a motion to grant Mr. Valdez 's appeal, seconded by Member Amev. Motion passed 4-2, with Member Fry and Vice-Chair Chinelly opposing. #45249 Glenn - Ofc. Roberts presented her evidence as to why a citation was issued to Ms. Glenn. Ms. Glenn was not present for the hearing; however, an affidavit and a letter were filed to contest the citation. Member Lopez-Anderson mentioned that the still shots were extremely dark, yet the evidence log showed the camera to be operational. Lt. Dreasher stated that the camera passed the calibration test, and the camera's flash may not be included in this test. He further stated that the shots could be dark due to a bad negative. Member Ball asked Lt. Dreasher if cameras often fail the test. Lt. Dreasher explained to the board that if a camera fails the calibration test, any information obtained during that time will not be sent to the police department. Member Ball mentioned that although the still shots were dark, the vehicle's tag was clear in the picture. Page 2 of 3 Member Amey made a motion to deny Ms. Glenn 's appeal, seconded by Member Laney. Motion passed S-1, with Member Lopez Anderson onposinQ. Josue Quinones, a member of the public, read his essay on the importance of the Red Light Running Program. He thanked the board for their service, and stressed the importance of having the cameras in the City of Ocoee. Mr. Quinones mentioned that the program potentially saves lives by preventing accidents. He further stated that traffic accidents cause financial burdens to the City, because of the emergency response it requires. The board was very pleased to hear Mr. Quinones' essay, and thanked him for his time. ADJOURNMENT Meeting adjourned at 8:ZI p.m.; board resumes for new business. REGULAR AGENDA A. Approval of Minutes for July 15, ZO10 Member Laney asked for clarification about case number 1291000039606/Venegas, page two (2) of the July 15, 2010 minutes. She recalled that at the meeting, a continuance was given to Mr. Venegas due to the issuance of multiple tickets. Attorney Hamilton checked his personal notes, and verified that the minutes were accurate. Member Lopez Anderson motioned to accept the minutes or July 1 S, 2010, seconded by Member Lanev. MotionPassed unanimously. BOARD OR OFFICERS COMMENTS OR QUESTIONS Lt. Dreasher thanked Vice-Chair Chinelly for chairing the board meeting. Vice-Chair Chinelly stated that based on the number of abandoned appeals, most respondents did not view their videos prior to contesting their citations. Vice-Chair Chinelly inquired about the decision made concerning Orlando's Red Light Running Program. Attorney Hamilton explained to the board that the "Orlando decision" does not affect the City of Ocoee. Lt. Dreasher stated that the pre-July cases will be heard through the month of November. Member Fry mentioned that his term is due to expire. Recording Clerk Turner confirmed this along with the term expirations for Member Amey, and Vice-Chair Chinelly for October of 2010. Member Ball mentioned that at previous meetings it was decided by the board to allow respondents the opportunity to abandon their appeal anytime prior to the hearing of their case. After board discussion, it was decided that respondents should be given that opportunity. ADJOURNMENT Meeting adjourned at 8:33 p.m. Respectfully submitted, r .-..~~ 'ana Turner, Recording Secretary Rob Minarcin, Chairman Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 3 of 3