Loading...
HomeMy WebLinkAbout11-18-2010 Minutes THE CITY OF OCOEE POLICE INFRACTION HEARING BOARD MEETING NOVEMBER 18, 2010 CALL TO ORDER Vice -Chair Chinelly 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: Vice -Chair Chinelly, Members Amey, Ball, and Lopez - Anderson. Also present were City Attorney Hamilton, Lt. Dreasher, Staff - Liaison Sgt. Wagner, Officers Clark and Yocum, CSA Michaelis, CSA Sulkowski, Court Clerk Decaul and Recording Clerk Turner. ABSENT: Chairman Minarcin (excused), and Member Laney (excused). 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 Marlon Walker 1291000082101 Richard Mendez 1291000059034 Jeremiah Sullican 1291000064737 Dustin Allen 1291000070064 Michael Andino 1291000074629 Walter Hutton 1291000078596 Michael Rolierson 1291000051080 PRESENTATION OF CASES Case numbers were not necessarily presented in docket order. Hearings order varied to accommodate the respondents that were present. #82408 Boykin — Ofc. Clark presented his evidence as to why a citation was issued to Ms. Boykin. Ms. Boykin submitted an affidavit and letter to contest the citation. The evidence the City provided included the corrected Notice of Violation. The corrected Notice of Violation supersedes the original Notice of Violation, and includes all ordinance requirements. Ms. Boykin stated that she was not the driver of the vehicle that was issued the Notice of Violation. Member Amey asked Ms. Boykin if the license plate number included in the evidence belongs to her, and Ms. Boykin stated that it does not. Ms. Boykin further explained that she is the driver of a white BMW. Member Lopez - Anderson asked if she owns multiple vehicles, and Ms. Boykin stated that her estate owns several vehicles. Member Lopez - Anderson stated that the liability for the infraction could be transferred to the driver of the vehicle. Ms. Boykin stated that she is not responsible for the vehicle that received the infraction, and she provided documentation that she was at work at the time of the infraction. Lt. Dreasher stated that the ordinance states that the Notice of Violation will be sent to the registered owner of the vehicle, and if that person is not the driver they can choose to transfer the liability. Ms. Boykin stated that she was not sure who was driving the vehicle because there are several people Page 1 of 4 in the estate. Attorney Hamilton stated that the registered owner of the vehicle is liable for the infraction unless the owner identifies the driver and transfers the liability. Ms. Boykin stated that she called several times and provided information, but was not made aware of the option to transfer the liability of the infraction. Member Amey explained that the ordinance clearly states that the registered owner is responsible for the infraction unless information is received on the actual driver. Member Amey made a motion to deny Ms. Boykin 's appeal, seconded by Member Lopez - Anderson. Motion failed 1 -3, with Vice -Chair Chinelly, and Members Ball and Lopez - Anderson opposing. Member Ball made a motion to grant Ms. Boykin's appeal, seconded by Member Lopez - Anderson. Motion passed 3 -1, with Member Amey opposing. #74124 Newland — CSA Sulkowski presented his evidence as to why a citation was issued to Mr. Newland. Mr. Newland submitted an affidavit and a letter to contest the citation. The evidence the City provided included the corrected Notice of Violation. The corrected Notice of Violation supersedes the original Notice of Violation, and includes all ordinance requirements. Mr. Newland stated that on the date of violation he was in Jamaica, and brought his passport to support his statement. Mr. Newland showed his passport to CSA Sulkowski, and CSA Sulkowski stated that the passport does show that Mr. Newland was in Jamaica on the date of the violation. Attorney Hamilton stated that under the ordinance not driving the vehicle is not a valid defense, and there are procedures to transfer the liability of the infraction if the recipient of the Notice of Violation was not driving the vehicle at the time. Vice -Chair Chinelly asked Mr. Newland why he did not transfer the liability, and Mr. Newland stated that he was unsure of who was driving the vehicle. Member Ball asked if the red time showed point two (.2) seconds, and Staff - Liasion Sgt. Wagner confirmed that it did. Vice -Chair Chinelly stated that the previous case showed the red time to be one tenth (1 /10) of a second and this violation shows two tenths (2/10) of a second, and the board should consider if the vehicle was past the stop bar when the light turned red. He continued to state that it did appear to him that the light was red in the video, and the vehicle did not slow down. Member Lopez Anderson made a motion to grant Mr. Newland's appeal, seconded by Member Ball. Opposing were Vice -Chair Chinelly and Member Amey. Due to a vie vote (2 -2), the appeal was granted #77499 Desravines — CSA Sulkowski presented his evidence as to why a citation was issued to Mr. Desravines. Mr. Desravines submitted an affidavit to contest the citation. The evidence the City provided included the corrected Notice of Violation. The corrected Notice of Violation supersedes the original Notice of Violation, and includes all ordinance requirements. Mr. Desravines stated that at the time of the violation he was not the driver of the vehicle because he was in Miami. Vice -Chair Chinelly stated that the registered owner of the vehicle is liable for the infraction, but has the option to transfer the liability of the infraction if he can identify the actual driver. Mr. Desravines was uncertain as to who was driving the vehicle at the time of infraction, and therefore did not feel comfortable transferring the liability. Member Amey made a motion to deny Mr. Desravines' appeal, seconded by Member Lopez - Anderson. Motion passed 3 -1, with Member Ball opposing. Page 2 of 4 #79016 Garcia — Respondent was not present for the hearing, but was represented by Terry Rooth, an attorney from the University of Central Florida's (UCF) legal services. CSA Sulkowski presented his evidence as to why a citation was issued to Mr. Garcia. Mr. Garcia submitted an affidavit to contest the citation. The evidence the City provided included the corrected Notice of Violation. The corrected Notice of Violation supersedes the original Notice of Violation, and includes all ordinance requirements. Attomey Rooth asked CSA Sulkowski if he personally tested the camera, and CSA Sulkowski stated he did not. Attorney Rooth continued to say that he has an issue with the camera log not being notarized or signed, and therefore the camera log should not be honored as accurate. Lt. Dreasher stated that the camera self- calibrates, and if it does not pass the calibration test it automatically shuts off. He further stated that in viewing the video, the vehicle clearly runs the red light. Attorney Rooth also stated that in the Orlando ruling, the precedence is clear, and should be binding in court. Attorney Hamilton stated that the Orlando decision remains a non -final order, and even if there was a final decision made, it would not be binding upon this board. Attorney Hamilton also stated that the board does not have any authority to invalidate the City of Ocoee's Ordinance or decline to follow it. Vice - Chair Chinelly asked Attorney Rooth if he was able to review the City of Ocoee's Ordinance, and Attorney Rooth stated that he did not as he could not locate it. Vice - Chair Chinelly also asked if he is aware of the position of the board. Attorney Rooth stated that he believed that the board is a quasi-judicial board, and Attorney Hamilton confirmed that it is. Member Lopez - Anderson stated that her decisions will be based on the City of Ocoee's Ordinance. Member Lopez Anderson made a motion to deny Mr. Garcia's appeal, seconded by Member Amex Motion passed unanimouslv. #71914 Anderson — Staff - Liaison Sgt. Wanger stated that this case will need to be dismissed due to a scheduling error allowing the Traffic Control Infraction Officer to leave court prior to the presentation of the case. The board agreed to dismiss the case. #79024 Schwartz — Staff - Liaison Sgt. Wanger stated that this case will need to be dismissed due to a scheduling error allowing Traffic Control Infraction Officer to leave court prior to the presentation of the case. The board agreed to dismiss the case. #76434 Miller — CSA Sulkowski presented his evidence as to why a citation was issued to Mr. Miller. Mr. Miller was not present for the hearing; however, submitted an affidavit to contest the citation. The evidence the City provided included the corrected Notice of Violation. The corrected Notice of Violation supersedes the original Notice of Violation, and includes all ordinance requirements. Member Ball made a motion to deny Mr. Miller's appeal, seconded by Member Amey. Motion passed unanimously. #76459 Kovarik — CSA Sulkowski presented his evidence as to why a citation was issued to Mr. Kovarik. Mr. Kovarik was not present for the hearing; however, submitted an affidavit to contest the citation. The evidence the City provided included the corrected Notice of Violation. The corrected Notice of Violation supersedes the original Notice of Violation, and includes all ordinance requirements. Vice - Chair Chinelly stated that the driver of the vehicle made no attempt to stop at the light, and Member Amey agreed. Page 3 of 4 Member Amey made a motion to deny Mr. Kovarik's appeal, seconded by Member Lopez - Anderson. Opposing were Member Lopez Anderson and Member Ball. Due to a vie vote (2 -2), the appeal was granted. ADJOURNMENT Meeting adjourned at 8:18 p.m.; board resumes for new business. BOARD OR OFFICERS COMMENTS OR QUESTIONS Lt. Dreasher explained to the board that this meeting will be the last meeting for red light running infractions; however, the board will still be in place to hear parking and noise violations. Board discussion ensued about parking enforcement in neighborhoods, and Lt. Dreahser explained that a lot of parking tickets are being issued and are being paid. Member Lopez - Anderson asked if a person identifies themselves as an attorney in this court, what measures the City takes to ensure the accuracy of the information provided. Attorney Hamilton stated that hypothetically this information could be checked, but it is not common practice. REGULAR AGENDA A. Approval of Minutes for September 16, 2010 and October 21, 2010 Member Ball made a motion to approve the minutes for September 16, 2010, as corrected, seconded by Member Amey. Motion passed unanimously. Vice -Chair Chinelly stated that a correction to the October 21, 2010, minutes needed to be made on page two (2) of five (5), paragraph one (1), line eleven (11). As stated in the minutes, "He told Mr. Douglas that if his appeal is denied, he can go before the Orange County Court to appeal the validity of the ordinance." What it should have stated is, "He told Mr. Douglas...he can go before the Ninth Judicial Circuit Court to appeal the validity of the ordinance. Member Lopez Anderson made a motion to approve the minutes with correction for October 21, 2010, seconded by Member Amey. Motion passed unanimously. ADJOURNMENT Meeting adjourned at 8:29 p.m. Respectfully submitted, IIiana Turner, Recording Secretary "fib R Rob Minarcin, Chairman Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 4 of 4