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HomeMy WebLinkAbout09-16-2010 Minutes THE CITY OF OCOEE POLICE INFRACTION HEARING BOARD MEETING SEPTEMBER 16, 2010 CALL TO ORDER Chairman Minarcin called the City of Ocoee Police Infraction Hearing Board meeting to order at 7:03 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, Laney and Lopez - Anderson. Also present were City Attorney Hamilton, Lt. Dreasher, Staff - Liaison Sgt. Wagner, Officers Clark, Roberts and Rivera, CSA Michaelis, CSA Sulkowski, Court Clerk Decaul and Recording Clerk Turner. ABSENT: Members Amey (excused) and Fry (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 Priscilla Ortega 1291000047484 Priscilla Ortega 1291000051817 Joseph Desormes 1291000048573 Patricia Francis 1291000051551 Henold Mondelus 1291000052609 PRESENTATION OF CASES Case numbers were not necessarily presented in docket order. Hearings order varied to accommodate the respondents that were present. #12394 Alexander — Case dismissed prior to the hearing. #30068 Oloufa — Respondent paid the civil fine prior to the hearing. #47468 Baigobin — Respondent paid the civil fine prior to the hearing. #47831 Witte — Case dismissed prior to the hearing. #47922 Thompson — Respondent paid the civil fine prior to the hearing. #27601 Matos — Respondent paid the civil fine prior to the hearing. Page 1 of 8 #20564 Fauteux — Ofc. Clark presented his evidence as to why a citation was issued to Ms. Fauteux. Ms. Fauteux was not present for the hearing, but submitted a signed affidavit to contest the citation. American Traffic Solutions, Inc. (ATS) provided information showing that the original citation was issued to Mr. Harvey, and then liability of the citation was transferred to Ms. Fauteux. Information provided by ATS stated that Ms. Fauteux requested the hearing to be rescheduled. Member Laney asked for clarification as to why her hearing was not rescheduled, and Lt. Dreasher explained that the hearings will only last through the month of November, and it may not have been feasible. Member Lopez Anderson made a motion to deny Mrs. Fauteux 's appeal, seconded by Vice - Chair Chinelly. Motion passed unanimously. #56063 Dawkins — Ofc. Rivera presented her evidence as to why a citation was issued to Ms. Dawkins. Ms. Dawkins was not present for the hearing; however, an affidavit and a letter were filed to contest the citation. Vice - Chair Chinelly made a motion to deny Ms. Dawkins' appeal, seconded by Member Lopez - Anderson. Motion passed unanimously. Vice - Chair Chinelly explained that a right turn on red is not a violation of the law, but a vehicle must first come to a complete stop before turning right on red. #26777 Francois — Ofc. Roberts presented her evidence as to why a citation was issued to Mr. Francois. Mr. Francois submitted a signed affidavit, but no additional paperwork was included. Mr. Francois asked Ofc. Roberts if she witnessed the violation. Ofc. Roberts explained that the violation was caught on camera, and the police department then reviews the videos and accepts or denies the infraction based on the ordinance. Mr. Francois explained to the board that his car was having transmission troubles, and was trying to make it home before the vehicle completely shut down. He stated that he had his young son in the car and did not want to be left stranded. He further mentioned that the speed limit for that road is forty -five (45) miles per hour, and his vehicle was only travelling at a speed of thirty -one (31) miles per hour. He also stated that had he been doing the speed limit, he would have made it through the light. Member Laney asked if he had repair estimates, and Mr. Francois stated that due to the age of the car it was not worth fixing. Vice - Chair Chinelly asked if he was able to get the vehicle home, and if he considered stopping to try and fix the issue. Mr. Francois stated that he stopped at the auto parts store and purchased transmission fluid. Member Ball made a motion to Qrant Mr. Francois' appeal, seconded by Member Laney. Motion passed unanimously. #14211 Henry — Respondent wished to abandon his appeal, and pay the civil fine. #46635 Gonzalez — Ofc. Roberts presented her evidence as to why a citation was issued to Ms. Gonzalez. Ms. Gonzalez submitted a signed affidavit and a letter to contest the citation. Ms. Gonzalez stated that the notice of infraction she received did not comply with the Code of Ordinances § 168, Traffic Light Safety Article, section 17, Notice of Infraction. §168 -17 - Notice of infraction. A notice of infraction issued pursuant to this Article shall include: Page 2 of 8 A. The name and address of the vehicle owner; B. The license plate number and registration number of the vehicle; C. The make, model, and year of the vehicle; D. Notice that the violation charged is pursuant to this Article; E. The location of the intersection where the red zone infraction occurred; F. The date and time of the red zone infraction; G. Notice that the recorded images relating to the vehicle and a statement that the recorded images are evidence of a red zone infraction; H. The civil penalty imposed; I. Images depicting violation; J. The procedures for payment of the civil penalty and contesting the notice of infraction; K. A signed statement by a Traffic Control Infraction Officer that, based on inspection of recorded images, the vehicle involved has committed a red zone infraction; and L. Information advising the person alleged to be liable under this Article of the manner and time in which liability as alleged in notice of infraction may be appealed and warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability. She stated that her infraction did not include the model of the vehicle, license plate number, or a signature from a Traffic Control Infraction Officer. Member Lopez - Anderson asked City Attorney Hamilton for advice. City Attorney Hamilton stated that the board can determine if the violation notice that was issued to Ms. Gonzalez was in compliance, and make a decision based on that information. Vice -Chair Chinelly stated that the evidence the City provided shows a signature of a Traffic Control Infraction Officer on the violation. Ms. Gonzalez stated that her notice does not contain the needed the signature. Lt. Dreasher stated that due to a glitch in the system, violation notices were sent out by ATS without the needed Traffic Control Infraction Officer signature. Member Laney made a motion to rant Ms. Gonzalez 's appeal, seconded by Member Lopez - Anderson. Motion passed unanimously. #48813 Kasem — Ofc. Roberts presented her evidence as to why a citation was issued to Mr. Kasem. Mr. Kasem submitted a signed affidavit and a letter to contest the citation. Mr. Kasem stated that he has been driving for many years, and has a very clean driving record. Staff - Liaison Sgt. Wagner mentioned to the board that Mr. Kasem's notice of violation did not include the signature of the Traffic Control Infraction Officer. Member Lopez Anderson made a motion to rant Mr. Kasem's appeal, seconded by Member Laney. Motion passed unanimously. Vice -Chair Chinelly confirmed with the board that Mr. Kasem's notice of infraction did not contain the needed signature as defined in Code of Ordinances § 168, Traffic Light Safety Article, section 17, Notice of Infraction. He also stated that the video did show that Mr. Kasem violated the law by not stopping at the red light before turning. #49886 Bibbs /Thompson — Ms. Thompson produced her notice of infraction, and it did not include the signature of the Traffic Control Infraction Officer. Chairman Minarcin moved to enter her copy of the notice of infraction into evidence as Exhibit 1. Page 3 of 8 Member Lopez Anderson made a motion to grant Ms. Thompson 's appeal, seconded by Member Laney. Motion passed unanimously. Lt. Dreasher stated that ATS had contacted him to inform him that several of the notices of infraction had been sent out without the needed signature of the Traffic Control Infraction Officer. He asked ATS to dismiss those cases, but some may have been overlooked. #52930 Pironneau — Mr. Pironneau was present on behalf of his mother, Gisele Pironneau. He produced her notice of infraction, and it did not include the signature of the Traffic Control Infraction Officer. Chairman Minarcin moved to enter her copy of the notice of infraction into evidence as Exhibit 1. Member Lopez Anderson made a motion to grant Ms. Pironneau's appeal, seconded by Member Laney. Motion passed unanimously. #55677 Luc — Mr. Luc produced his notice of infraction, and it did not include the signature of the Traffic Control Infraction Officer. Chairman Minarcin moved to enter his copy of the notice of infraction into evidence as Exhibit 1. Member Ball made a motion to grant Mr. Luc's appeal, seconded by Member Lopez Anderson. Motion passed unanimously. #56618 Smith —Mr. Smith produced his notice of infraction, and it did not include the signature of the Traffic Control Infraction Officer. Chairman Minarcin moved to enter his copy of the notice of infraction into evidence as Exhibit 1. Member Lopez Anderson made a motion to grant Mr. Smith's appeal, seconded by Member Laney. Motion passed unanimously. #24277 Altenor — Member Lopez - Anderson stated that she felt very uncomfortable proceeding with the hearings knowing that the City is in violation of the ordinance. Chairman Minarcin stated that the board is not in violation unless the notice of infraction is brought forth by the respondent. Attorney Hamilton stated that the defect in the notice of violations does not deprive the board from hearing the cases. He also stated that it is the obligation of the respondent to bring forward the discrepancy, and that the board may proceed with the hearings. Member Lopez - Anderson stated that for the remainder of the cases she will vote to grant the appeal. CSA Sulkowski presented his evidence as to why a citation was issued to Mr. Altenor. Mr. Altenor was not present for the hearing; however, submitted a signed affidavit and a letter to contest the citation. Member Lopez Anderson made a motion to grant Mr. Altenor 's appeal, seconded by Chairman Minarcin. Chairman Minarcin stated that although he understands that it is up the responsibility of the respondent to raise the defense, he felt as though the City's evidence was facially deficient. Vice - Chair Chinelly stated that he would be agree with Chairman Minarcin; however, the respondent was not at the hearing to show his notice of violation, and decisions should be made based on the evidence presented. Chairman Minarcin stated that the notice of violation presented into evidence by the City lacks the registration number. Lt. Dreasher and Vice - Chair Chinelly stated that the registration number is on the violation. They further explained that the Page 4 of 8 license number and registration number are the same number. Chairman Minarcin stated that even though they are the same number, both boxes should include the information. Member Lopez - Anderson stated that the ordinance requires the notice of violation to include the license and registration number; therefore, both boxes should be filled out. Chairman Minarcin agreed with Member - Lopez Anderson in that the violation should include the license and registration number as the City's ordinance requires. Member Lopez - Anderson pointed out that the model number was not listed on the notice of infraction. Lt. Dreasher stated that the Florida Department of Highway Safety and Motor Vehicles defines the model of a vehicle as its type. For example, a four (4) door , or two (2) door, or hatchback vehicle. Member Lopez - Anderson stated that the City's ordinance states that the model is required, and the City is in violation of its own ordinance by not including this information on the notice of violation. Chairman Minarcin asked if the City's ordinance refers to Florida State Statute definitions, and it was determined that the ordinance does not. Member Ball stated that he understands the concerns of the board; however, the ordinance does not state that the information must be contained in particular boxes on the notice of violation. He read the ordinance to state that the information must be provided on the ordinance, and feels comfortable with the evidence the City has provided. Member Lopez Anderson made a motion to grant Mr. Altenor's appeal, seconded by Chairman Minarcin. Motion failed 2 - with Vice - Chair Chinelly, and Members Ball and Laney opposing. Vice - Chair Chinelly made a motion to deny Mr. Altenor's appeal, seconded by Member Ball. Motion passed 3 -2, with Chairman Minarcin and Member Lopez Anderson opposing. #41057 Leptz — Ofc. Roberts presented her evidence as to why a citation was issued to Ms. Leptz. Ms. Leptz was not present for the hearing; however, an affidavit was filed to contest the citation. Member Lopez Anderson made a motion to grant Ms. Leptz's appeal based on the evidence showing the missing signature of the Traffic Control Infraction Officer, seconded by Member Ball. Motion passed unanimously. #43590 Edwards Elec LLC — Ofc. Roberts presented her evidence as to why a citation was issued to Edwards Elec LLC. Edwards Elec LLC was not present for the hearing; however, submitted a signed affidavit and a letter to contest the citation. Edwards Elec LLC submitted a safety recall notice from Nissan stating that the vehicle had faulty brakes. Also submitted was a letter explaining that due to the increased stopping distance of his vehicle, he was unable to come to a complete stop. Vice - Chair Chinelly made a motion to deny Edwards Elec LLC 's appeal, seconded by Member Ball. Motion failed 2 - with Chairman Minarcin, and Members Lopez Anderson and Laney opposing. Member Lopez Anderson made a motion to grant Edwards Elec LLC's appeal, seconded by Chairman Minarcin. Motion passed 3 - with Vice - Chair Chinelly, and Member Ball opposing. Page 5 of 8 #46866 Wenz — Ofc. Roberts presented her evidence as to why a citation was issued to Ms. Wenz. Ms. Wenz was not present for the hearing; however, a signed affidavit was submitted by Mr. Frederick Lewis. The evidence provided by the City was reviewed, and it remained inconclusive as to why Mr. Frederick Lewis signed the affidavit to contest the citation instead of Ms. Wenz. Member Lopez Anderson made a motion to grant Ms. Wenz's appeal, seconded by Chairman Minarcin. Motion failed 2 - with Members Ball, Laney, and Vice - Chair Chinelly opposing. Vice - Chair Chinelly made a motion to deny Ms. Wenz's appeal, seconded by Member Ball. Motion passed 3 - with Chairman Minarcin, and Member Lopez Anderson opposing. #47062 Sacco — Ofc. Roberts presented her evidence as to why a citation was issued to Mr. Sacco. Mr. Sacco was not present for the hearing; however, an affidavit was filed to contest the citation. Member Ball made a motion to grant Mr. Sacco's appeal, seconded by Member Laney. Motion passed 4 -1, with Vice - Chair Chinelly opposing. City Attorney Hamilton stated that the ordinance does not incorporate the Florida State Statute; however, the board should refer to the second sentence in Code of Ordinances §168-11, Intent: This Article shall be supplemental and in addition to any other applicable law and shall not supersede, infringe, curtail or impinge upon state laws related to red light signal violations or conflict with such laws. He stated that the board could rely on this information to incorporate definitions included in state statutes. #47781 Dorely — Ofc. Roberts presented her evidence as to why a citation was issued to Ms. Dorely. Ms. Dorely was not present for the hearing; however, submitted a signed affidavit to contest the citation. Vice - Chair Chinelly made a motion to deny Ms. Dorely's appeal, seconded by Member Ball. Motion passed 3 - with Chairman Minarcin, and Member Lopez Anderson opposing. #50066 Black Box Network Services, Inc. — Ofc. Roberts presented her evidence as to why a citation was issued to Black Box Network Services, Inc. Black Box Network Services, 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 grant Black Box Network Services, Inc. 's appeal, seconded by Chairman Minarcin. Motion passed 4 -1, with Vice - Chair Chinellv opposing. #50611 Bonilla — Ofc. Roberts presented her evidence as to why a citation was issued to Ms. Bonilla. Ms. Bonilla was not present for the hearing; however, submitted a signed affidavit to contest the citation. Vice - Chair Chinelly made a motion to deny Ms. Bonilla's appeal, seconded by Member Lopez - Anderson. Motion passed 3 - with Chairman Minarcin, and Member Lopez Anderson opposing. Page 6 of 8 #51577 Brown — Ofc. Roberts presented her evidence as to why a citation was issued to Ms. Brown. Ms. Brown was not present for the hearing; however, submitted a signed affidavit to contest the citation. Vice -Chair Chinelly made a motion to deny Ms. Brown's appeal, seconded by Member Lopez - Anderson. Motion passed 3 -2, with Chairman Minarcin, and Member Lopez Anderson opposing. #55743 Lawrence - Johnson — Ofc. Roberts presented her evidence as to why a citation was issued to Ms. Lawrence - Johnson. Ms. Lawrence - Johnson was not present for the hearing; however, submitted a signed affidavit to contest the citation. Vice -Chair Chinelly stated that the driver's violation was running the red light while making a left hand turn. Vice -Chair Chinelly made a motion to deny Ms. Lawrence- Johnson's appeal, seconded by Member Lopez Anderson. Motion passed 3 -2, with Chairman Minarcin, and Member Lopez - Anderson opposing. #56634 Lawrence - Johnson — Ofc. Roberts presented her evidence as to why a citation was issued to Ms. Lawrence - Johnson. Ms. Lawrence - Johnson was not present for the hearing; however, submitted a signed affidavit to contest the citation. Vice -Chair Chinelly made a motion to deny Ms. Lawrence- Johnson's appeal, seconded by Member Ball. Motion passed 3 -2, with Chairman Minarcin, and Member Lopez Anderson opposing. ADJOURNMENT Meeting adjourned at 8:59 p.m.; board resumes for new business. REGULAR AGENDA A. Approval of Minutes for August 19, 2010 Member Laney motioned to accept the minutes for August 19, 2010, seconded by Member Lopez Anderson. Motion passed unanimously. BOARD OR OFFICERS COMMENTS OR QUESTIONS Member Lopez - Anderson verified with Lt. Dreasher that the Police Infraction Hearing Board is scheduled to be in session through the month of November. She also stated that since ATS has fallen short on their services, the City of Ocoee should ask that the fees be mitigated. Lt. Dreasher stated that the issues presented at this meeting would be discussed with City Attorney Hamilton and ATS, and would be resolved by next month's meeting. Chairman Minarcin stated that if the ordinance requires certain information to be on the violation notices, then the City should comply. Member Lopez- Anderson stated that because of what ensued at this meeting, she is very uncomfortable with decisions she has made in the past. Lt. Dreasher stated that for many agencies accepted practice is policy, and that past decision should not be considered bad decisions. Page 7 of 8 ADJOURNMENT Meeting adjourned at 9:07 p.m. Respectfully submitted, ,A „ H „9.; r ian: urner, Re ording Secretary fog, Rob Mmarcin, Chairman Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 8 of 8