Loading...
HomeMy WebLinkAbout2009 07 21 Code Enforcement Board Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINU'T'ES CODF, ENFORCEMENT 60ARD REGULAR MEETING JULY 21, 2009 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, July 21, 2009 was called to Order at 7:00 p.m. by Chairnan Laura-Leigh Wood, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Laura-Leigh Wood, present Vice Chairman James B. Pitts, present Board Member Dick Crenshaw, present Board Member Carole Giltz, present Board Member Dale Kirby, present Board Member Gregory Roero, present Board Member Leah Weisman, present Alternate Board Member #1 Hugh Fisher, present Alternate Board Member #2 Arsenio Calle, absent [Unexcused] Chairman Wood stated for the Record, "We have one (1) absent tonight, Alternate Board Member Arsenio Calle -will be `Unexcused'." Next, Chairman Wood led the Invocation and Pledge of Allegiance. Continuing, Chairman Wood inquired if there were any "Agenda Changes". Deputy City Clerk Joan Brown replied, "Yes. We will be hearing Public Hearings [Agenda Items] `502.3', `502.4', `502.5' and `502.6'." Deputy City Clerk Brown swore in the Winter Springs Code Enforcement Inspectors and those who may be providing Testimony during the presentation of tonight's Cases. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CITY OF W INTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 21, 2009 PAGE 2 OF 15 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The May 20, 2009 Regular Meeting Minutes. Chairman Wood stated, "Do I have a Motion to Approve the Minutes from May 20, 2009?" "SO MOVED." MOTION BY BOARD MEMBER HIRBY. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER KIRBY: AYE VICE CHAIRMAN PITTS: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Code Enforcement Bureau No Report. REPORTS 401. Office Of The Citv Clerk At the next Meeting, Deputy City Clerk Brown will distribute an updated Member List to the Board Members. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 21, 2009 PAGE 3 OF 15 REPORTS 402. Code Enforcement Chair Chairman Wood spoke briefly on Parliamentary Procedures with the Board Members and suggested at the next Meeting that the Board discuss "Business Days" versus "Calendar Days". REPORTS 403. Code Enforcement Vice Chair No Report. REPORTS 404. Code Enforcement Board Members No Report. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA -CONTINUED CASES PUBLIC HEARINGS -CONTINUED CASES 500.1 Not Used. PUBLIC HEARINGS AGENDA -REPEAT CASES PUBLIC HEARINGS -REPEAT CASES 501.1 Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 21, 2009 PAGE 4 OF 15 PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS- NEW CASES 502.1 Code Enforcement Bureau -Police Department CASE #09-0019943 1157 Duncan Drive William E. And Geraldine Mayhood Section 12-53. (Unlicensed Vehicle) Date Of Service: Certified -June 25, 2009 Inspector -Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.2 Code Enforcement Bureau -Police Department CASE #09-0020449 103 Burgos Road Harold J. And Katherine L. Noonan Section 13-2. (Trash & Debris) Date Of Service: Certified -Proof Of Delivery July 2, 2009 Inspector -Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.3 Code Enforcement Bureau -Police Department CASE #09-0020602 45 South Edgemon Avenue Daniel White Section 20-411., And 20-431. (Recreational Vehicle) Date Of Service: Certified -Proof Of Delivery June 26, 2009 Inspector -Jim Flannigan Chairman Wood asked, "Do you have any items to be presented into Evidence this evening?" Inspector Jim Flannigan, Code Enforcement Officer, Code Enforcement Bureau, Police Department stated, "PowerPoint and Proof of Delivery on June 26, 2009." Photographs of this property were shown. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department stated, "The Respondent is here this evening." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 21, 2009 PAGE 5 OF 15 Inspector Flannigan stated, "A Violation Notice was issued to Daniel White on May 13, 2009 for the Recreational Vehicle in the yard. This Property failed Re-Inspection on May 18, 2009; June 6, 2009; July 18, 2009; and June -that should have been July 21, 2009." Chairman Wood asked, "The last date is July 21, [2009]?" Inspector Flannigan replied, "Yes." Continuing, Inspector Flannigan stated, "I spoke to Daniel White when I issued the warning to him - he advised that he could not move the vehicle at the time because of repairs he was trying to get done to it. The Property is still in Non-Compliance and we are asking for a Finding of Fact and Relief Order." Chairman Wood then asked, "You spoke to Daniel White? When was that when you spoke to him?" Inspector Flannigan replied, "When I issued it on May 13, [2009]." Discussion. Mr. Daniel White, 45 South Edgemon Avenue, Winter Springs, Florida: addressed the Board Members regarding the Recreational Vehicle. Mr. White stated, "I can have it moved." Chairman Wood asked, "You are going to have it towed?" Mr. White replied, "Yes." Chairman Wood then asked, "When would you be able to have it [towed]?" Mr. White stated, "When I leave here." "I MAKE A SUGGESTION AND A MOTION THAT WE GO AHEAD AND GIVE HIM FIVE (5) - BUSINESS DAYS TO HAVE IT REMOVED AND - STATEMENT OF FACT." MOTION BY BOARD MEMBER CRENSHAW. CHAIRMAN WOOD ASKED, "WOULD YOU LIKE A READING OF THIS FROM THE CLERK?" BOARD MEMBER CRENSHAW STATED, "IF THE CLERK WOULD READ THIS FOR US." CHAIRMAN WOOD STATED, "HE WOULD LIKE A READING ON PAGE 5." "THE CITY OF WINTER SPRINGS VERSUS DANIEL WHITE, CASE NUMBER 09-0020602. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND DANIEL WHITE AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: FINDING OF FACT: THAT THE RESPONDENT WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 20-411. AND 20-431. (RECREATIONAL VEHICLE) OF THE CITY CODE EXISTED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 21, 2009 PAGE 6 OF 15 1. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS PRESENT AT THIS HEARING. 2. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 3. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. 4. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT DANIEL WHITE HAS VIOLATED SECTION 20-411. AND 20-431. (RECREATIONAL VEHICLE) OF THE CITY CODE AND A JUDGMENT OF `GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." FULL READING BY DEPUTY CITY CLERK BROWN. FOR THE RECORD, CAPTAIN TOLLESON STATED, "IT SHOULD BE SECTION 20-432. NOT [SECTION] 20-431." CHAIRMAN WOOD ASKED, "DO WE NEED TO MAKE AN AMENDMENT?" CAPTAIN TOLLESON STATED, "YES." "I MAKE A MOTION IT BE AMENDED TO CORRECT THE SECTION THAT APPLIES FROM [SECTION] 20-431. TO [SECTION] 20-432." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: (ON THE AMENDMENT) VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 2l, 2009 PAGE 7 OF 15 VOTE: (ON THE MAIN MOTION, AS AMENDED) BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KIRBY: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. "I RECOMMEND WE READ RELIEF ORDER `A' WHICH WILL -FIFTY DOLLAR ($50.00) FINE FOR AFTER FIVE (5) DAYS AND THEN ONE HUNDRED AND FIFTY [DOLLARS] ($150.00) FOR REPEAT OFFENSES." MOTION BY BOARD MEMBER CRENSHAW. CHAIRMAN WOOD ASKED, "IS THAT FIVE (5) BUSINESS DAYS?" BOARD MEMBER CRENSHAW SAID, "YES." BRIEF DISCUSSION. BOARD MEMBER CRENSHAW STATED, "I WOULD LIKE THE CLERK TO READ THE RELIEF ORDER." RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS DANIEL WHITE, CASE NUMBER 09-0020602 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 20- 411. AND 20-432. (RECREATIONAL VEHICLE) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) BUSINESS DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF FIFTY DOLLARS ($50.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT VIOLATION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE, FOR A REPEAT VIOLATION, WILL BE ONE HUNDRED AND FIFTY DOLLARS ($150.00) PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 21, 2009 PAGE 8 OF 15 I ALSO MOVE THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE ORDERED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIMEFRAME SET FORTH BY THIS BOARD. LET THE RECORD ALSO REFLECT THAT THE RESPONDENT IS PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THIS BOARD, I MOVE THAT THE RESPONDENT BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." FULL READING DONE BY DEPUTY CITY CLERK BROWN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS -NEW CASES 502.4 Code Enforcement Bureau -Police Department CASE #09-0020649 1115 Pheasant Circle Lynn A. Thomas And Katherine C. Powell Section 13-2. (Stagnant Pool) Date Of Service: Certified -Returned "Unclaimed" July 1, 2009 Inspector -Jim Flannigan Chairman Wood asked Inspector Flannigan, "Is the Respondent here?" Inspector Flannigan stated, "No." Chairman Wood then asked, "Do you have any items to present for Evidence?" Inspector Flannigan replied, "Yes. A Powerpoint presentation." Chairman Wood then asked Inspector Flannigan, "Do you want those to he entered in?" Inspector Flannigan replied, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 21, 2009 PAGE 9 OF I S Inspector Flannigan stated, "This Violation was first observed on May 26, 2009. A Notice was Posted on the Property; a Notice was also mailed on June 1, 2009 and received by Lynn Powell on June 9, 2009. The Property was Posted on -that should be July 10th not June 10th, 2009 with Notice of Code [Enforcement] Board Meeting on July 21St, 2009 -not June. The Property failed Re-Inspection on June 7, 2009; June 29, 2009; June 10th -correction July 10th, 2009; July 15th, 2009. This Property is still in Non- compliance. We are asking for Finding of Fact and Relief [Order]." Photographs of the property were shown. Discussion. Chairman Wood stated for the Record that the Respondent is not present. "I WOULD RECOMMEND THAT WE USE A FINDING OF FACT FOR THE VIOLATION THAT EXISTS. WOULD YOU [CLERK] PLEASE READ PAGE 5 - FINDING OF FACT." MOTION BY VICE CHAIRMAN PITTS. "THE CITY OF WINTER SPRINGS VERSUS LYNN A. THOMAS AND KATHERINE C. POWELL, CASE NUMBER 09-0020649. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: FINDING OF FACT.• THAT THE RESPONDENT WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE EXISTED. 1. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS NOT PRESENT AT THIS HEARING. 2. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 3. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. 4. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENT'S PROPERTY. CITY OF WINTER SPRINGS, FLORIDA M 1N UTES CODE ENFORCEMENT BOARD REGULAR MEETING-JULY 21, 2009 PAGE ]0 OF 15 THEREFORE, I MOVE THAT THIS BOARD FIND THAT LYNN A. THOMAS AND KATHERINE C. POWELL, CASE NUMBER 09-0020649 HAS VIOLATED SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE AND A JUDGMENT OF `GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." FULL READING BY DEPUTY CITY CLERK BROWN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER KIRBY: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. Chairman Wood asked, "Is there a Motion for a Relief Order?" "I WOULD LIKE TO READ IT WITH THE TWO FIFTY [DOLLARS] ($250.00) AND FIVE HUNDRED [DOLLARS] ($500.00)." MOTION BY BOARD MEMBER WEISMAN. CHAIRMAN WOOD RESTATED THE MOTION AS, "PAGE 11, MOTION BY BOARD MEMBER WEISMAN FOR RELIEF ORDER - WITH FIVE (5) BUSINESS DAYS AND TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY WITH REPEAT FINE OF FIVE HUNDRED [DOLLARS] ($500.00)." RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS LYNN A. THOMAS AND KATHERINE C. POWELL, CASE NUMBER 09-0020649 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13-2. (STAGNANT POOL) OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN FIVE (5) BUSINESS DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. CITY OF WWTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 21, 2009 PAGE 11 OF 15 FURTHERMORE, ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT VIOLATION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE, FOR A REPEAT VIOLATION, WILL BE FIVE HUNDRED DOLLARS ($500.00) PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. I ALSO MOVE THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE ORDERED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIMEFRAME SET FORTH BY THIS BOARD." FULL READING BY DEPUTY CITY CLERK BROWN. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN PITTS: NAY BOARD MEMBER WEISMAN: AYE BOARD MEMBER KIRBY: AYE MOTION CARRIED. Captain Tolleson asked, "If we could, I would like to move [Public Hearings] `502.6' first. Mr. Turner is here this evening." Chairman Wood replied, "Certainly." • • AGENDA NOTE: PUBLIC HEARINGS ITEM `502.6' WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA AS NOTED. • • PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS -NEW CASES 502.6 Code Enforcement Bureau -Police Department CASE #1220900000459 Roy Donald Turner And Linda June 1701 Murphy Street Oviedo, FL 32765-7296 Section 12-83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson began the discussion on this Case. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 21, 2009 PAGE 12 OF 15 Continuing, Captain Tolleson stated, "On April 30, 2009, at 9:44 a.m. at the intersection of East Bound Lane 3 at State Road 434 [Winter Springs, Florida] at Winding Hollow Boulevard, a white Dodge truck, Florida Registration D45 4ND passed through the intersection on a steady red light captured by video recording traffic control equipment and was in Violation of Section 12-83. On May 6, 2009, the Violation's recorded images were reviewed by Captain Chris Diesler, a sworn Police Officer with the City of Winter Springs and found that Probable Cause did exist to issue a Notice of Infraction. The Infraction was issued on May 7, 2009 to the registered owner, Mr. Roy Turner, who is here this evening. On May 26, 2009, American Traffic Solutions received Mr. Turner's request contesting the Infraction and requested a Hearing in front of the Code Enforcement Board as prescribed in Section 12- 89. of the City Code. Additionally, the system requires in schedules and Administrative Review of all Evidence and Infraction which was set for June 12, 2009; and with that Administration Review - I actually review all the Evidence that is in the Evidence package; I re-review all the images and the video. If Probable Cause still exists, I set it for the Code [Enforcement] Board Hearing, which we did this evening. On June 12, [2009], an Administrative Review was conducted by Captain Glenn Tolleson of all Evidence and recorded images and upon re-review, Probable Cause still did exist and a Hearing was set for July 21, 2009 this evening." Video recording, Camera Log Report, Violation Evidence Reports were shown in a PowerPoint presentation. Captain Tolleson stated, "By attending this Meeting this evening, if he is found Guilty, there is an additional amount of an Administrative Fee of twenty-five dollars ($25.00). If Mr. [Roy Donald] Turner is found Guilty this evening, his Fine would be one hundred and fifty dollars ($150.00), not one twenty five [dollars] ($125.00)." Chairman Wood asked, "Do you want to present these into Evidence?" Captain Tolleson replied, "Yes. I have several to enter into Evidence. `WSRL-1' (Winter Springs Red Light) would be the disk." Captain Tolleson stated that, "`A' Frame -would be `WSRL- 2'." Continuing, Captain Tolleson said, "This is the second shot taken; it is the `B' Frame which is immediately taken -this would be `WSRL-3'." Next, Captain Tolleson displayed the vehicle tag shot and said, "This is verified by an Officer and this would be `WSRL-4'." Tape 1 /Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 21, 2009 PAGE 13 OF 15 Captain Tolleson indicated that the Signs were "Properly posted and maintained - `WSRL-5'." Next, Captain Tolleson stated, "This is `WSRL-6', a Violation Data Report." and lastly, Captain Tolleson remarked, "This is the Evidence Notes that a Hearing was scheduled by me for tonight after Administrative Review -and this is `WSRL-7'." Board Member Dale Kirby asked about the light delay and stated, "Is that what I am reading up there, those numbers?" Captain Tolleson replied, "I did not get that information because it is not relevant in this -the yellow time, but I can get that information for you." The video was displayed again for the Board Members. Mr. Roy Turner, 1701 Murphy Street, Oviedo, Florida: asked to play the video again for the Board Members and referred to the tire problem on his truck. Chairman Wood asked, "Who is it registered under?" Mr. Turner replied, "It is registered to me, but I was not driving it." To clarify, Captain Tolleson stated, "The Ordinance says that the registered owner of the vehicle which Mr. Turner is, however, Mr. Turner says he is not the driver. He had an opportunity to file an Affidavit that said his son was the driver. If you fail to do that, the Respondent is responsible." Mr. Turner said, "How would I know that?" Captain Tolleson replied, "It is on the back of the Citation." Captain Tolleson read the Affidavit into the Record Discussion. Chairman Wood asked, "Do I have a Motion?" "A MOTION OF GUILT." MOTION BY BOARD MEMBER HIRBY. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER HIRBY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 21, 2009 PAGE 14 OF 15 Chairman Wood stated to Mr. Turner, "Do you understand that tonight you were found Guilty? There is a one hundred and fifty dollar ($150.00) fee for this Violation." Mr. Turner said, "Hardship - I cannot pay this." PUBLIC HEARINGS-NEW CASES 502.5 Code Enforcement Bureau -Police Department CASE #1220900000111 Christopher Allan Ortega 612 North Grant Street Longwood, FL 32750-4302 Section 12-83. (Adherence To Red i.ight Traffic Control Signal) Captain Tolleson stated, "On Apri127, 2009 at 11:21 a.m. at the intersection of eastbound Lane 3, State Road 434 and Winding Hollow Boulevard, a silver Nissan Florida Registration 955 VLW, passed through the intersection on a steady Red Light captured by video recording traffic control equipment and was in Violation of Section 12-83. On April 30, 2009 -the Violation recorded images were reviewed by myself, Captain Glenn Tolleson, a Sworn Police Officer of the City of Winter Springs and found that Probable Cause did exist to issue a Notice of Infraction. That Infraction was issued on May 1St, 2009 to the registered owner, Mr. Christopher Allan Ortega. On May 26, [2009], American Traffic Solutions received Mr. Ortega's request to contest the Infraction and the Hearing of the Code Enforcement Board as prescribed in Section 12-89. of the City Code. Additionally, the system required to schedule an Administrative Review of all the Evidence and the Infraction which was stated on June l lth, [2009]. On June 11th , [2009], an Administrative Review was conducted of all the Evidence and recorded images and upon re-review, Probable Cause still existed and the Hearing was set for this evening, July 21St, 2009." Video recording, Camera Log Report, Violation Evidence Reports were shown on Power Point. Captain Tolleson entered into the Record `WSRL-2', `A' Frame; `WSRL-3', `B' Frame. Chairman Wood asked, "Do you go over with someone that calls in that there is not going to be any `Points' against their license?" Captain Tolleson replied, "That is correct as well that it does not get reported to the Insurance company." Continuing, Captain Tolleson entered into the Record `WSRL-4' Vehicle Tag shown. Next, Captain Tolleson said, "Signs were Posted, Deployment Start Date -entered into as `WSRL-5'." Lastly, Captain Tolleson entered the Administrative Review and Hearing Notice as `WSRL-6'." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -JULY 21, 2009 PAGE I S OF 15 Chairman Wood stated, "Let the Record reflect that the Respondent was not present." "A MAKE A MOTION OF GUILT OF RED LIGHT RUNNING." MOTION BY BOARD MEMBER KIRBY. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE CHAIRMAN WOOD: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA -NON-COMPLIANCE CASES PUBLIC HEARINGS -NON-COMPLIANCE CASES 503.1 Not Used. REGULAR AGENDA REGULAR 600. Not Used. Discussion ensued about a Code Enforcement Training Class in Naples, Florida. Captain Tolleson mentioned that the next Code Enforcement Conference is scheduled for June in Orlando. ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 8:18 p.m. RESPECTFULLY SUBMITTED: J AN L. BROWN EPUTY CITY CLERK NOTE: These Minutes were approved at the August 18, 2009 Code Enforcement Board Regular Meeting.