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06-19-2008 Minutes THE CITY OF OCOEE POLICE PARKING INFRACTION HEARING BOARD MEETING - June 19,2008 I. Lt. Dreasher called the meeting of the City of Ocoee Police Parking Infraction Hearing Board meeting to order at 7:05 p.m. in the Commission Chambers of City Hall. No roll was called or a quorum declared. MEMBERS PRESENT: Joe Chinelly, Matt Garland, Victoria Laney, Robert Minarcin, and James Stein. Also present was Lt Dreasher and Staff Liaison Sgt Alexander. ABSENT: Carole Arney, Louis Torres, and Recording Secretary Betty Decker (absent excused). II. PRESENTATION OF CASES Lt Dreasher stated that since this was the first board meeting, a chairman needed to be appointed. Member Laney made a motion to nominate Robert Minarcin. seconded by another Member. Motion lJassed by a unanimous show of hands. Lt. Dreasher swears in the defendants and officers. As each case is called, the defendants are to step up to the podium to speak into the microphone. Lt. Dreasher continues with a statement to each defendant that if they wish to plead guilty, your fine with be set at $40. If you wish to proceed with the hearing, the officer will present their case; you will then present your case. The board will ask questions during the process as they see fit. After the presentation of the case, the board will vote guilty or not guilty and the board will assign a fine by majority vote. If found guilty, you will be sent an invoice listing your fine with the due date of 60 days from today, which will be August 18,2008; it's a Monday. I'd like to call your case first. Case #1- 2008-01-0701 - Cheri Williams Ms. Williams comes to the podium with Officer Sean Walsh. Officer Walsh begins: I'm Detective Walsh with the Ocoee Police Department. On 4/05/08 at 1623 hours I was on patrol in the area of Malcolm Ridge Court; I observed a Ford two-door black with the Florida tag of 1 033MJ, it was a mustang parked in the area of a no parking sign in a cul~de-sac. I pulled up and issued a citation to the person you see behind me. Lt. Dreasher asks Sgt. Alexander to pull up the City Code and asks Ofc. Walsh to read it: "No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control device in any of the following places." Lt. Dreasher asks him to continue with number 10. "In any place where there is official signage of no parking." Lt. Dreasher now asks for the FSS. Detective Walsh reads: "FSS 316.1945 subsection 1 0 states: at any place where official traffic control device prohibits stopping." Lt. Dreasher now asks Ms. Williams to present her case. Ms. Williams states that she will go ahead and pay the fine but states that there were circumstances in regards to her parking there. She states, "first of all, that is a residence, it's a home, there was a party. Second, I parked there many times; a sign just recently got there which the resident did tell us. There were about five or six cars, I had just parked behind the next one, it's my fault that I did not see the sign; I'm blamed for that, but that was a birthday party; we weren't there for an Page J 014 extended period of time; there was no room in the driveway to park; we did not block any body; that's an open space and that was the circumstance in why I was parked there." Lt Dreasher asks if she is contesting the citation and Ms. Williams said no that she will just pay the $40. Lt Dreasher asked that she let the board know that and she said okay that she had said that first. Acting Chairman Minarcin asked that at this time she wanted to plead guilty and she said she pleads guilty and will pay the $40. Lt Dreasher thanked her and said he would send her an invoice and Ms Williams thanked him. Case #2 - 2008-01-0408 - two infractions for this case, however the defendant is not present. Does the board wish the officer to present both cases and vote on it? A Member stated that the officer should present their case and the board vote on a punishment since the defendant, who was notified to be present, did not show. A member first asked if he could ask question regarding Ms Williams' previous case. Lt Dreasher said absolutely. He then asked Ms Williams, "was the car in front ofthe mustang, was it given a citation also?" Detective Walsh had left the meeting but Lt Dreasher answered that he believes it was issued a citation as well, and that every car in that particular case received a citation, but Detective Walsh was not there to verify it. The member asked how long the no parking sign had been up. Lt Dreasher said, "Since the subdivision got their certificate of occupancy which was probably six or seven years. It's not a brand new sign." They asked for the picture to be displayed again of the sign. Detective Walsh enters the room at that time and Lt Dreasher asked about the other vehicles receiving citations in the cul-de-sac. Detective said every car except one because he ran out of citations. While writing them, two occupants came out and they said they didn't know about the sign, so Detective Walsh told them to bring the citations to the department and talk to a supervisor on duty. They must have just paid them or they would be present also. Lt Dreasher called the next case, 2008-01-0408 - posted no parking - the first one for Ofc. Harris to testify to is the Honda motorcycle's first citation, and then go through your testimony again for the second violation. Officer Harris begins - "on 4/2/08 I was on routine patrol in the Lake Olympia subdivision when a citizen flagged me down and advised me of a motorcycle that was parked on the sidewalk. He wanted to complain that the motorcycle continuously starts up every morning and runs up and down the street revving the engine and disturbing the neighbors. I turned on to Zeus Court where the citizen advised me the motorcycle was and I saw the motorcycle parked on the sidewalk and issued a citation for parking on the sidewalk." A member made the motion that since the defendant was not present the board imposes the fine of $50 plus court costs. Member Laney said the board should first find him guilty, Lt Dreasher said that was correct. A motion was then made to find the defendant J!uiltv. seconded bv Member Lanev. Questions were asked if the motorcycle didn't block the sidewalk for pedestrians, if that was still viable for a citation. Lt Dreasher said they would have to vote on that, however Officer Harris Page2of4 .. .' stated that no one could pass the motorcycle because of the handle bars sticking out. A question was asked if it was his yard and the officer said it was in front of his own residence. One member read the regulations that stated a defendant who fails to show before the board will void his right to contest the citation or its' fine. Lt. Dreasher stated that the board has the right to impose the fine. Sgt. Alexander stated that since they didn't show up they cannot come back to contest it so the boards determination is final. The member said that since they didn't show we can go forward with the hearing. Lt Dreasher noted that any guilty vote the board votes on can be appealed by the defendant to the City Commission of any code and all they would be appealing then is the fine imposed. The Commission can waive the fine at their pleasure. A member asked if the citations were for the same person and Officer Harris said that in addition to the motorcycle on the sidewalk, he also had a vehicle parked over the sidewalk. Actin$! Chairman Minarcin said there is a motion and a second to the motion to find the defendant $!uiltv and asked for a vote. The motion vassed unanimouslv. Members voting are: Joe Chinelly, Matt Garland, Victoria Laney, Robert Minarcin, and James Stein. Acting Chairman Minarcin asked for a motion for the venaltv. A motion was made that the fine be $40. seconded bv Member Lanev. Motion vasses unanimouslv. Acting Chairman Minarcin then asked for a motion to imvose anv court costs. No motion was made so no court costs are imvosed. Officer Harris then presented the second citation for case 2008-01-0408 - he began stating that on 4/2/08 a citizen advised him of the motorcycle parked on the sidewalk and when he arrived at the residence he also observed a car parked over the sidewalk in the driveway so a citation was issued for that vehicle. A member asked the officer if he had issued other citations in that vicinity and he said no sir. Another question was asked if he had observed any other violations and the officer said not that he could recall. A question was asked if the vehicle was parked blocking the entire sidewalk out into the main street and the officer said yes sir it was. Where there any vehicles parked in front of the house on the street? Ofc. Harris replied no, just in the driveway and on the sidewalk. The photo seems to show that the vehicle was also blocking the roadway, was that what you observed? Ofc. Harris said that it is a cul-de-sac and that the trunk of the vehicle was sticking out into the roadway. Acting Chairman Minarcin asks for a motion to determine the defendant guilty or not guilty. A member made the motion to find the defendant guilty, seconded by another member. Motion passes unanimous. A Motion was made by a member to impose a fine of $40 plus court costs of $50. Motion is not seconded. Another motion is made that the fine of $40 with no court costs be imposed, seconded by Member Laney. Discussion was called to include that due to the fact there are two infractions, the second one should carry some penalty. Members Lanev. Garland, Chinellv and Stein voted in favor of the motion with Acting Chairman Minarcin ovvosing. The motion made of $40 fine with no court costs, was seconded bv Member Lanev was voted one, carrvin$! a 4-1 vote. Page 3 of 4 .. III. NEW BUSINESS Lt Dreasher asked if they want to vote on a chairman for each board meeting or have the voted chairman assigned for a designated amount of time that board decides. A motion was made to keep Actin$! Chairman Minarcin as the Chairman until the end of 2008. Motion was seconded. Motion passed unanimous Iv. Lt Dreasher asked if an interim was needed in case of the Chairman's absence. A motion was made to elect Matt Garland and the Interim Chairman, seconded hv Chinellv and Stein. Motion passed unanimouslv. Sgt. Alexander said that the third Thursday of July already had two defendants scheduled to appear. Next meeting was set for July 17,2008. IV. ADJOURNMENT Meeting adjourned at 7:26 p.m. Respectfully submitted, i~ :) y Lt. Brad Dreasher Contact the City Clerk's Office to listen to electronic copies of these minutes. Page 4 of 4