Loading...
HomeMy WebLinkAbout07-21-2011 Minutes THE CITY OF OCOEE POLICE INFRACTION HEARING BOARD MEETING JULY 21, 2011 CALL TO ORDER Vice -Chair Chinelly called the City of Ocoee Police Infraction Hearing Board meeting to order at 7:00 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, Garland (late arrival 7:11 p.m.), Laney, and Lopez - Anderson (late arrival 7:11 p.m.). Also present were Lt. Dreasher, Staff - Liaison Sgt. Wagner, CSA Michaelis, and Recording Clerk Turner. ABSENT: Vice -Chair Chinelly welcomed everyone and explained the procedures for the hearing. He swore in the officers and the complainants who were present. PRESENTATION OF CASES 2011- 0001 -9010 Moore— CSA Michaelis presented her evidence as to why a citation was issued to Ms. Moore. Ms. Moore submitted photographs and an affidavit to contest the citation. CSA Michaelis explained to the board that prior to issuing a parking citation to Ms. Moore, three (3) warning notices were issued: June 11, 2009, November 5, 2009, and again on September 6, 2010. Member Amey asked where the infraction occurred and CSA Michaelis explained that it was on Prairie Lake Boulevard. Member Ball asked how the parking citation and warning notices were issued, and CSA Michaelis stated that the warnings and citation were left on the windshield of the vehicle. Ms. Moore stated that her vehicles are parked as close to each other and to the garage as possible. She continued to say that in doing this, neighborhood residents could still access the sidewalk. She further explained that she does not want to park her vehicles on the road because people travel at high speeds, and is afraid that her vehicles may be damaged by someone running into them. She continued to say that if she parked on the street it would cause visibility issues. Member Amey asked why her family didn't use both sides of the driveway, and Ms. Moore stated that her husband's work vehicle occupies the right side of the driveway; therefore, she is forced to line up their personal vehicles bumper -to- bumper on the left side of the driveway. She also stated that by parking on the street directly in front of her house will not allow her neighbors to safely pull out of their driveway. She continued to say that her neighbor previously parked her vehicle on the street and it was sideswiped by another vehicle. Member Amey asked Ms. Moore why her family did not park their vehicles in the garage, and Ms. Moore stated that she is unable to as she needs to clean it out. Member Amey asked if CSA Michaelis received complaints from neighbors, and CSA Michaelis stated that she did not. Member Amey also asked how Ms. Moore plans on alleviating the issue, and Ms. Moore stated that it depended on tonight's outcome. She continued to say that she may have to inconvenience her neighbors and risk damaging her personal vehicles. Member Amey asked if the citation was issued under the City's Ordinance, and Lt. Dreasher stated that it was, but parking on the sidewalk is also against state statute. Ms. Moore asked if having so many vehicles parking on the street causes a safety issue. Lt. Dreasher explained that if a roadway is thirty —three (33) feet wide, then vehicles can park on both sides of the street. If a roadway is twenty -one (21) feet wide, then vehicles can only park on one (1) side of the street. Lt. Dreasher also stated that Page 1 of 4 parking on the sidewalk causes issues for residents with special needs. Vice - Chair Chinelly asked if she lives on a main thoroughfare and Ms. Moore stated that she does. Vice - Chair Chinelly asked Ms. Moore if she has taken any steps to resolve the issue after receiving the citation. Ms. Moore explained that when her husband leaves for work she moves one (1) of their personal vehicles to the right side of the driveway. Member Laney suggested putting enough pavers to add footage to the driveway so they could park without violating the ordinance. Ms. Moore stated that adding pavers to the driveway would take up too much of their front yard. Member Amey suggested that she clean her garage in order to be able to park inside of it. Member Laney stated that it is very important to allow residents to access the sidewalks. Lt. Dreasher and Staff - Liaison Sgt. Wagner stated that with the City's approval she may have the option of adding some gravel to a nearby grassy area so that she is not parking on the street. Vice - Chair Chinelly asked if the board had any further questions or comments, and Staff - Liaison Sgt. Wagner stated that due to the tardiness of Members Garland and Lopez - Anderson they would have to abstain from voting. Member Laney stated that if the board voted to waive the administrative fees and Ms. Moore used that savings towards rectifying her issue, it would give her an incentive to vote to waive the administrative fees. Member Garland stated that if the board waives the administrative fee for the purpose of having Ms. Moore use that savings towards making improvements, it would be hard to ensure that she does. Member Lopez - Anderson asked if the board could waive administrative fees and Member Laney confirmed they could. Member Amey made a motion to deny Ms. Moore 's appeal, seconded by Vice - Chair Chinelly. Motion passed unanimously. Member Laney made a motion to waive administrative fees, seconded by Member Ball. Motion passed unanimously. Ms. Moore asked how to get speed bumps installed in her neighborhood, and Staff - Liaison Sgt. Wagner stated that she should contact the Traffic Engineering Department. Ms. Moore continued to say that she is extremely worried about the children in the neighborhood. Lt. Dreasher stated that the City has programs to get mobile speed tables installed, and she should contact Al Butler as he is the City Engineer. Board discussion ensued about how to approach the appropriate departments in order to implement speed bumps, tables, and/or stop signs. Staff - Liaison Sgt. Wagner explained that in order to get stop signs, studies and surveys must be conducted. Lt. Dreasher stated that the average cost for a speed table to accommodate the size of the road in question would be approximately four or five thousand dollars ($4,000 or $5,000). ADJOURNMENT Meeting adjourned at 7:35 p.m.; board resumes for new business. BOARD OR OFFICERS COMMENTS OR QUESTIONS Staff - Liaison Sgt. Wagner and Lt. Dreasher explained to the board that due to the resignation of Chairman Minarcin, the board should elect a new Chairman and Vice - Chairman. Vice - Chair Chinelly asked Member Garland when he was reappointed to the board, and Member Garland stated that his reappointment to the board was in December of 2010. Member Amey nominated Vice - Chair Chinelly for the position of Chairman, seconded by Member Laney. Motion passed unanimously. Page 2 of 4 Member Amey nominated Member Lopez Anderson for the Vice -Chair position; however, Member Lopez Anderson declined. Member Amey nominated Member Ball for the position of Vice- Chair; however, Member Ball declined. Staff- Liaison Sgt. Wagner asked for a volunteer for the Vice -Chair position, and Member Garland stated that he would like the position. Member Amey nominated Member Garland for the position of Vice - Chairman, seconded by Member Lopez Anderson. Motion passed unanimously. Member Amey asked if a lot of citations are being issued for the red light camera infractions and Lt. Dreasher stated that there are. He continued to say that violations at intersections are down by seventy -two percent (72 %) and crashes have been reduced by twenty -six percent (26 %). Member Amey asked if there are a lot of rear -end crashes and Lt. Dreasher stated there are not. Staff - Liaison Sgt. Wagner stated that the percentage of serious injury crashes have gone down as well. Chairman Chinelly asked if the workload has gone down for the Red Light Safety Program and Lt. Dreasher stated that it has not. He also stated that he is preparing a presentation for the Commission regarding the addition of more cameras throughout the City. Board discussion ensued about the red light running cameras and procedures for the new hearings. Staff - Liaison Sgt. Wagner stated that there will be an en banc review of red light running cases in Orange County. He continued to explain that the judges will hear appeals and address constitutional issues like the identification of the driver. Member Laney asked if it is a panel of circuit judges in Orange County, and Lt. Dreasher confirmed that it is. He explained that local cities, including Ocoee, are going to present their cases, attorneys will argue the cases, but the outcome and final procedures are truly unknown. Board discussion ensued about the hearing. Member Laney asked that upon confirmation of the hearing date to inform the board, and Lt. Dreasher stated that he believes it will be September 19, 2011, but will release the information upon confirmation. Lt. Dreasher informed the board that the City of Ocoee Commission has had two (2) readings of the Golf Cart Ordinance and approval will be postponed until the August 16, 2011 meeting due to legislative changes. He further explained that the violation fee will be one hundred dollars ($100), and the board will review those ordinance violations. Lt. Dreasher stated that once the Commission approves the ordinance he will review it with the board. Board discussion ensued about the ordinance and safety regulations. Member Garland asked if the City of Ocoee looked into Winter Garden's Golf Cart Ordinance and Lt. Dreasher stated that Ocoee has. Lt. Dreasher explained that each sign that the City will install regarding the golf carts will cost approximately one hundred and ten dollars ($110) and will need to be placed on the ingress and egress of affected roads. Member Amey asked if scooters are permitted on sidewalks, and Lt. Dreasher stated they are not. Member Amey asked if a Segway can ride on the sidewalk and Lt. Dreasher stated that they can because they are considered special needs transportation. Chairman Chinelly asked if the golf carts will have boundaries or will be allowed to travel citywide, and Lt. Dreasher stated that there will be boundaries. Board discussion ensued regarding cities that have golf carts and the safety issues involving golf carts. Lt. Dreasher stated that representatives from the Florida Safety Council attended an Ocoee Commission Meeting to explain the many safety issues pertaining to golf carts. Member Laney suggested that Lt. Dreasher contact Peachtree City, Georgia, as they have had golf carts in their Page 3 of 4 community for a very long time and could offer valuable information. Member Laney also suggested requiring very stringent safety features and rules for the golf carts. Staff - Liaison Sgt. Wagner stated that although the police department is writing noise ordinance citations they have not been doing so for vehicles, because there was a case law, or legal opinion, that questioned the constitutionality of the corresponding state statute. Lt. Dreasher stated that it is being considered unconstitutional because it violates freedom of speech. Member Lopez - Anderson asked approximately when this started and Lt. Dreasher said about three (3) months ago. After confirming with Recording Clerk Turner, Member Garland advised that his reappointment to the board was in October 2010 and not in December 2010. REGULAR AGENDA A. Approval of Minutes for November 18, 2010 Member Lopez Anderson made a motion to approve the minutes for November 18, 2010, seconded by Member Amey. Motion passed unanimously. ADJOURNMENT Meeting adjourned at 7:59 p.m. Respectfully submitted, Diana Turner, Recording Secretary Joe'Chinelly, Chairman Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 4 of 4