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HomeMy WebLinkAbout2009 12 15 Code Enforcement Board Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING DECEMBER 15, 2009 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, December 15, 2009 was called to Order at 7:00 p.m. by Chairman 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 Hugh Fisher, present Board Member Carole Giltz, present Board Member Gregory Roero, absent Board Member Leah Weisman, present Alternate Board Member #1, Arsenio Calle, present Alternate Board Member #2, Robert Henderson, present Assistant City Attorney Kate Latorre, present Chairman Wood mentioned that there were no absences, therefore the Alternate Board Members would not be in Voting capacity, but are welcome to communicate throughout the Hearings. Next, Chairman Wood led the Invocation and Pledge of Allegiance. Continuing, Chairman Wood inquired if there were any "Agenda Changes ". Assistant to the City Clerk Gayle Coutant reported, "We will be hearing Public Hearings Agenda Items `502.2' and '502.3'. Assistant to the City Clerk Coutant swore in the Winter Springs Code Enforcement Inspectors and those who may be providing Testimony during the presentation of the Cases. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 15, 2009 PAGE 2 OF 8 CONSENT AGENDA CONSENT 200. Office Of The City Clerk "I MOVE THE MINUTES FROM THE NOVEMBER 17 [2009] MEETING OF THE CODE ENFORCEMENT BOARD BE APPROVED AS WRITTEN." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER FISHER: 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 City Clerk Assistant to the City Clerk Coutant announced that at the next Regular Meeting in January, Elections of Officers will be held. REPORTS 402. Code Enforcement Chair No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 15, 2009 PAGE 3 OF 8 REPORTS 403. Code Enforcement Vice Chair No Report. REPORTS 404. Code Enforcement Board Members Assistant City Attorney Kate Latorre reported that recommended Motions as requested, in regards to the Red Light Infraction Cases, have been offered as a guide and added, "In January, my office is going to be looking to coordinate with the Board a — Special Meeting, on a night other than your Regular night to — over some Orientation materials now that the Commission has directed Legal Counsel be present at your Meetings." Chairman Wood asked that when a date and time for the Orientation was established that the Board Members be emailed the information. 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. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Bureau — Police Department CASE #1220900007462 Annie D. Baez 23647 Companero Drive Sorrento, Florida 32776 Section 12 -83. (Adherence To Red Light Traffic Control Signal) This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 15, 2009 PAGE 4 OF 8 PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #1220900007595 Nathan Ernest Beaudin 2218 Ballard Avenue Orlando, Florida 32833 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Glenn Tolleson, Code Enforcement Bureau, Police Department displayed a PowerPoint presentation and provided Testimony for this Case explaining, "On October the 5 2009 at 4:37 p.m., at the intersection of east bound lane 3, State Road 434 and Winding Hollow Boulevard; a blue Dodge, Florida Registered K06 4JG passed through the intersection on steady red light." Captain Tolleson informed the Board that the recorded images were reviewed indicating, "Probable Cause did exist to issue a Notice of Infraction. That Infraction was issued on October the 14 2009 to the Registered Owner, Mr. Nathan Beaudin, who is here this evening." The request to contest the infraction was received by American Traffic Solutions on October 27, 2009. Continuing, Captain Tolleson announced, "On November the 12 2009, Administrative review was conducted by myself, Captain Glenn Tolleson, of all the Evidence and recorded images and upon re- review, Probable Cause did exist and the Hearing was set for tonight December the 15 2009. The City's first piece of Evidence is the CD which will be `WSRL 1'." Captain Tolleson then added, "This is City's Exhibit `WSRL 2', which is the `A' frame. It shows the vehicle in lane 3 and the light is red. This is `WSRL 3', City's Exhibit, which is the `B' shot, which shows the vehicle in the intersection again on a steady red [light]. This is City's Exhibit `WSRL 4' which is the license plate." Next a video was viewed. Additionally, photographs of the sign were shown exhibiting that the intersection is "Photo Enforced ". A "Camera Log" entitled "WSRL 5" was projected on the screen along with the Violation of Evidence Report, "WSRL 6" and "WSRL 7" "Violation of Evidence Report" log. Mr. Nathan Ernest Beaudin, 2218 Ballard Avenue, Orlando, Florida: stated, "I'm not denying the fact that I went through the red light, it's evident. But, I tried to break with my vehicle and I was simply sliding." Chairman Wood commented, "The reason I asked Inspector Flannigan to run it [the video] three (3) times, is because I was looking for something unusual. I saw it was raining, I saw the conditions, but I didn't see anything unusual." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 15, 2009 PAGE 5 OF 8 Board Member Leah Weisman pointed out, "When I passed the picture by, it said he was going twenty -nine [miles per hour] at the time of the picture." Chairman Wood commented, "At the stop bar, when he should be going zero [miles per hour]." "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THIS HEARING, I MOVE THAT THE RESPONDENT BE FOUND IN VIOLATION OF SECTION 12 -83., ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS." MOTION BY BOARD MEMBER FISHER. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. Discussion ensued regarding the difference of the Red Light Infraction Cases versus ticket issuance. PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau — Police Department CASE #1220900007678 Kathy L. Terry 249 McKay Boulevard Sanford, Florida 32771 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson provided Testimony for the City and indicated that after reviewing the Violation recorded images on October 13, 2009, Probable Cause did exist and a Notice of Infraction was issued to the Registered Owner on October 14, 2009. Captain Tolleson stated, "On October 26, 2009, American Traffic Solutions received Ms. [Kathy L.] Terry's request to Contest the Infraction and a Hearing to the Code Enforcement Board as prescribed in Section 12 -89. of the City Code. Additionally, the system required and scheduled an Administrative review of all the Evidence and the Infraction which was set for November the 10 2009." Captain Tolleson added, "Upon re- review, Probable Cause did exist for the Hearing set for this evening, December 15 2009." "WSRL 1 "; the CD was entered into Evidence. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 15, 2009 PAGE 6 OF 8 Next, a copy of the Affidavit requesting a Hearing was displayed along with the Notice provided to the Respondent. Captain Tolleson then presented additional slides stating, "This is City's Exhibit `WSRL 2', which the `A' frame that shows the vehicle in lane 3 and on steady red [light]. This is the `B' shot which is City's Exhibit `WSRL 3'. Exhibit "WSRL 4 ", a photograph of the license plate was shown next, with a video following. Next, photograph of the "Photo Enforced" sign was viewed. Captain Tolleson then remarked, "This is the `Camera Log' shows the signs were Posted and the operational test passed on October the 8 [2009] and that is City Exhibit's `WSRL 5'. City's Exhibit `WSRL 6' is our `Violation Evidence [Report]' record which shows the Respondent's address and vehicle information. This is City's Exhibit `WSRL 7' that shows that the Hearing was conducted and set for this evening." Chairman Wood stated, "Let the Record reflect that the Respondent was not present." Discussion. Ms. Kathy L. Terry arrived at 7:20 p.m. and was sworn in by Assistant to the City Clerk Coutant. Chairman Wood asked Attorney Latorre, "Maybe, we should run the tape again ?" Attorney Latorre replied, "It is up to the Board. You can have Captain Tolleson put up the Case again. You're not required to." There were no objections to view the video again. Ms. Kathy L. Terry, 249 McKay Boulevard, Sanford, Florida: stated, "The light was yellow initially; and so I was driving along and the light was yellow. Usually, I immediately put on brakes, but I had to make a split decision if I could stop safely without causing the accident. I decided that I couldn't because my car has transmission problems." Chairman Wood asked, "What were the unusual circumstances that required you to run the Red Light ?" Ms. Terry responded, "It was just a judgment call." Discussion. "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THIS HEARING, I MOVE THAT THE RESPONDENT BE FOUND IN VIOLATION OF SECTION 12 -83., ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - DECEMBER 15, 2009 PAGE 7 OF 8 VOTE: BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. Discussion ensued on payment of the Fine. PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Bureau — Police Department CASE #09- 0021470 Michael And Kimberly St. Paul 1636 Wood Duck Drive Winter Springs, Florida 32708 Section 13 -2. (Stagnant Pool) Date Of Service: Certified — Proof Of Delivery November 27, 2009 Inspector — Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Bureau — Police Department CASE #09- 0021610 David L. And Anne Musto 502 Saddlewood Lane Winter Springs, Florida 32708 Section 13 -2. (Stagnant Pool) Date Of Service: Certified — Proof Of Delivery December 5, 2009 Inspector — Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS - NON - COMPLIANCE CASES 503.1 Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — DECEMBER 15, 2009 PAGE 8 OF 8 REGULAR AGENDA REGULAR 600. Not Used. At this time, Mr. Beaudin questioned the Board in regards to the Violation. Captain Tolleson reviewed legal requirements related to stopping at Red Lights. ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 7:36 p.m. RESPECTFULLY SUBMITTED. . GAYL COUTANT ., , .,.SSISTA T TO THE CITY CLERK t y NOTE: These Minutes were approved at the January 19, 2010 Code Enforcement Board Regular Meeting.