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HomeMy WebLinkAbout09-15-2016 Minutes THE CITY OF OCOEE VIOLATIONS HEARING BOARD MEETING SEPTEMBER 15, 2016 CALL TO ORDER Chairperson Ball called the Violations Hearing Board meeting to order at 7:06 p.m. in the Commission Chambers of City hall. led the Pled of Allegiance to the Flag, and Vice- Chairperson I.aney led the invocation. The roll was called and a quorum declared. MEMBERS PRESENT: Members Ball, Member Garland, and Member Laney. MEMBERS ABSENT: Member Lopez-Anderson (excused).and Member Amer (excused). ALSO PRESENT: Staff-liaison IA. William Wagner. Officer David Ogletree. and Recording Clerk Garza. Chairman Ball welcomed everyone and explained the procedures for the hearing. Recording Clerk Garza swore in the officer who was present. (Mr. Alderman, the appellant. was not present.) HEARING OF VIOLATIONS OCPDI 6CAD24349. Notice of Violation 14778, Mr. Donald Alderman. Officer Ogletree states that on the early morning of July 4, 2016 at approximately 12:44 a.m. he arrived on the scene of a noise complaint: he continues to state his name and the fact that he has been employed by the City of Ocoee Police Department for 16 years. Officer Ogletree states he responded to a call for service concerning a noise complaint at 1002 Marlene Drive. When he arrived at the location, he exited his patrol car and proceeded to walk to the front door, and prior to entering the property, he could hear loud music. Once he got to the front door he could see people sitting at the kitchen table and a Johnny Cash song was playing. Oft. Ogletree further explains he proceeded to knock on the door and a white male, later identified as Mr. Donald Alderman. came to the door. Officer Ogletree continues by saying they struck a conversation at the door about Mr. Alderman's good taste in music and said he also liked Johnny Cash. but when Officer Ogletree asked Mr. Alderman for his name and identification. his demeanor changed. he became upset, asked if Officer Ogletree had a warrant, and shut the door on his face. Officer Ogletree also states he continued to try to get Mr. Alderman's attention until Mr. Alderman came back to the door and asked Officer Ogletree if he had the warrant with him to which Officer Ogletree replied no, and then asked him for his name but Mr. Alderman refused to give his name. Officer Ogletree continues hay saying he then told Mr. Alderman he will obtain his name from the vehicle, and then Mr. Alderman shut the door on Officer Ogletree's face again. Officer Ogletree then obtained the information from the vehicle tag and walked back to the residence while issuing the citation and at that time Mr. Alderman walked back outside with some of his friends. As soon as Officer Ogletree walked into his property again. Mr. Alderman asked for the warrant: Officer Ogletree states he replied he did not have one. and then gave Mr. Alderman the citation: he also explained there is information on the bottom of the citation to request an appeal. said goodnight. and left his property. Staff-Liaison Lieutenant Wagner explains to the hoard members he checked outside in the hallway to make sure Mr. Alderman is not there before proceeding. and the hallway is dear. I Ie continues by saying Mr. Alderman was sent a certified Page 1. of 3 letter to his address with the notice of hearing Mr today. Recording Clerk Garza states the last information provided by the United States Postal Service states a notice of certified mail was left at his home address on August 26. 2016 and if by September 9, 2016 the certified mail is not picked up, it will be returned to the sender. but as of today, she has not received it back. Staff- Liaison Lieutenant Wagner tells the hoard members the City has done its due diligence in properly and timely notifying Mr. Alderman of today's hearing. :Llemher Garland makes a H101 ion to adjudicate Mr. Donald Alderman guilty of the riohnlon (Inc to his ahsence. seconded by Member Laney. Member Garland amends the motion to adiudicale Mr. Donald Alderman smelly (jibe violation. chic to his ahsence. and adds a 550.00 admini orators fee to the 5.10.00 fine. for a total of 5100.00. seconded by Chairperson Laney_ Chairperson Ball asks if Officer Ogletree could hear the music as soon as he stepped out of his patrol car, to which Officer Ogletree responds yes. Vice-Chairperson Laney asks Officer Ogletree about the information contained in the contesting affidavit that states the officer acted as if he were not sure of the location of the noise, to which Officer Ogletree replies not that he can recall. Vice-Chairperson Laney continues by saying Mr. Alderman was supposed to have witnesses stating the same but no one is here. Officer Ogletree continues by saying there were other five or six people there but no one carne to the door to talk to him. A vote was called and the motion carried unanimously. REGULAR AGENDA A. Approval of Minutes for March 20, 2014 A motion was made br Dice-Chair Laney to aporurc the minutes for ,March 20. 2014, seconded hr Member Garland Motion passed unanimottsli.,. B. Election of Chairperson A motion 11 a5 made by Tice-Chair Laney to nominate Member Ball fhr Chairperson. seconded by Member Garland. Alotion passed unanimously. C. Election of Vice Chairperson :1 notion was made by Member Garland to nominate itiemher Loner for lice Chairperson, seconded by Chairper.snn Ball. Motion passed mnanimomsly. V. BOARD OR OFFICERS COMMENTS OR OCESTIONS Member Garland addresses the hoard and thanks the board members for the opportunity to serve together: he cannot longer serve in the Violations !fearing Board because he moved out of town. Vice-Chairperson fancy thanks hint for his service and wishes him well. Staff-Liaison Lieutenant Wagner also thanks Member Garland for his service with the board and for his Page 2 of 3 service to our Country in the military. Vice-Chairperson Laney asks if officers arc writing fewer noise infraction citations or is it that people are not contesting them anymore. Staff- Liaison Lieutenant Wagner replies he does not have that information with him and cannot provide her with an inlbrmed answer. hut he can look into that information and bring it to the next meeting. Discussions ensued. Member Garland adds police officers are doing a great job in trying to resolve the issues without issuing notices of violation. Staff-Liaison Lieutenant Wagner adds the false alarm notices are now nuisance alarm notices. ADJOURNMENT Meeting Adjourned at 7:24 p.m. Respectfully Submitted. ( ,,Aci(1-ili,.• � �'t.i ( + .. 4�_. �Qi�tu.:1 �L` l�ccuC _. Madeleine Garza. TFrccrrdintfSeeretary David Ball. Chairman. Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 3 of 3