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HomeMy WebLinkAbout10-15-2009 Minutes THE CITY OF OCOEE POLICE INFRACTION HEARING BOARD MEETING OCTOBER 15, 2009 Chairman Minarcin called the City of Ocoee Police Infraction Hearing Board meeting to order at 6:32 p.m. in the Commission Chambers of City Hall. The roll was called and a quorum declared. MEMBERS PRESENT: Chairman Minarcin, Members Chinelly, Amey, Ball and Laney. Also present is Lt. Dreasher, Sgt. Wagener and Attorney John Hamilton. ABSENT: Member Garland (excused). Chairman Minarcin reviewed the rules for business with the board. Motion is made by Member Amey to accept the rules, seconded by Member Ball. Motion passes unanimously. The board asked Lt. Dreasher several questions pertaining to last week's workshop. Attorney Hamilton followed up on a question last week regarding the $50 court cost and said those opting to plead will not be charged the fee. He also re- stated that this is a city ordinance violation. He will also be providing a disposition form to be printed and given to each complainant. Lt. Dreasher said in response to the question of no quorum, he said the hearings would be continued. ADJOURNMENT Meeting adjourned at 6:51 p.m.; will resume at 7:00 p.m for infraction hearings. HEARINGS BEGAN AT 7:02 p.m I. 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. He welcomed everyone and explained the procedures for the hearings. He swore in the officers and the complainants who were present. II. Presentation of Cases #04066 Morris — Mr. Morris shows evidence of car being in the repair shop at the time of the offense. Lt. Dreasher mentioned that if he had had this evidence prior to the hearing. he would have dismissed it. Member Laney made a motion that Mr. Morris is granted his appeal, seconded by Member Amey. Motion passes 5 -0 and the appeal is granted. #0536 — Mr. Carrion shows evidence of several repairs being done to his vehicle before and immediately after the infraction. Thought car was stalling and did not stop at light. Motion is made by Member Ball to deny the appeal, seconded by Member Amey. Motion passes 4 -1. Page 1 of 3 # 1054 — Mr. Wright abandons his appeal and wishes to pay the fine. He received his paperwork and was excused. #0627 — Mr. and Mrs. Kimbrough asked why they didn't receive a warning instead of a citation. It was explained it was after the `warning period'. Motion is made by Member Amey to deny the appeal, seconded by Member Chinelly. Motion passes 5 -0. #1690 — Mrs. Bass is not on the scheduled, however she wished to have a hearing and her fine she paid reimbursed. She is scheduled for the November 19, 2009 hearing date. #0890 — Mr. Dorson brings evidence that he had received a uniform citation. This is continued to November pending research of police reports. Motion made by Member Amev, seconded by Member Laney to continue this case to November. Motion passes 5 -0. #5113, #2326— Ms. Allonce wishes to abandon her appeal for both cases. She receives her paperwork and is excused. #8643 — City Electric Supply — Mr. Fletcher presents his case. Motion is made by Member Amey, seconded by Member Ball to deny the appeal. Motion passes 5 -0. #4884 — City Electric Supply — Mr. Fletcher wishes to abandon his appeal. #5931 — Minivan Source Inc. — Mr Pittman presents his case that there is no way for him to know which of his employees or possible potential client was driving the van at the time of the citation. He is told he is held responsible. Motion is made by Member Amey, seconded by Member Ball to deny the appeal. Motion passes 4 -1. Cases where violators are not present at the hearing: #0692 — Motion is made by Member Amey, seconded by Member Ball to deny this appeal. Motion passes 5 -0. #1161 - Motion is made by Member Amey, seconded by Member Laney to deny this appeal. Motion passes 5 -0. #5162 - Motion is made by Member Amey to deny this appeal, seconded by Member Laney. Motion passes 5 -0. #0908 - Motion is made by Member Amey, seconded by Member Ball to deny this appeal. Motion passes 5 -0. Page 2 of 3 #0304 - Motion is made by Member Amey, seconded by Member Laney to deny this appeal. Motion passes 5 -0. #1591 — Sgt. Wagner reads the affidavit is this case. Motion is made by Member Laney to grant the appeal, seconded by Member Amey. Motion passes 5 - 0. III. NEW BUSINESS The board discusses Member Garland and his absence due to his upcoming deployment. Motion is made by Member Amey to remove himfrom the board, giving him the option to re- apply upon his return, seconded by Member Chinellv. Motion passes 5 -0. The vice - chairman position will be voted on in November. IV. ADJOURNMENT Meeting adjourned at 9:37 p.m. Respectfully submitted, a Turner for Betty Decker - Recording Secretary Rocin - Chairman Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 3 of 3