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HomeMy WebLinkAbout2010 04 20 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING APRIL 20, 2010 CALL TO ORDER The Regular Meeting of Tuesday, April 20, 2010 of the Code Enforcement Board was called to Order by Chairman Laura -Leigh Wood at 7:00 p.m., 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, present 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 announced, "With no absences this evening, Alternate Board Members Bob Henderson and - Arsenio Calle you will not be in Voting capacity this evening." Next, Chairman Wood asked for a moment of silence and led the 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 `502.1', 502.2, `502.3', `502.7', `502.8' and `502.9'." 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 - APRIL 20, 2010 PAGE 2 OF 14 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The March 16, 2010 Orientation Meeting Minutes. This Agenda Item was not discussed. CONSENT 201. Office Of The City Clerk Requesting Approval Of The March 16, 2010 Regular Meeting Minutes. No discussion. CONSENT 202. Office Of The City Clerk Requesting Approval Of The March 30, 2010 Special Meeting Minutes. There was no discussion regarding this Agenda Item. Chairman Wood noted, "At this time, I would like a Motion for an Approval of the Minutes, we have three (3). We can go ahead and make a Motion for all three (3) at the same time." "I MOVE FOR APPROVAL OF ALL THREE (3) OF THE MINUTES PRESENTED" (MARCH 16, 2010 ORIENTATION MEETING MINUTES, MARCH 16, 2010 REGULAR MEETING MINUTES, AND MARCH 30, 2010 SPECIAL MEETING MINUTES). MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE CHAIRMAN WOOD: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WEISMAN: NAY MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2010 PAGE 3 OF 14 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. ❖❖ AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. •:** REPORTS REPORTS 402. Code Enforcement Chair Chairman Wood stated, "I would like to, on behalf of the entire Board, just give recognition to the City of Winter Springs Police Department in the amazing job they did with Nadia Bloom." Captain Glenn Tolleson, Code Enforcement Bureau, Police Department responded, "Thank you." Board Member Dick Crenshaw added, "I think Chief (Kevin) Brunelle did an outstanding job with the press and everything." REPORTS 400. Code Enforcement Bureau Captain Tolleson introduced Mr. Butch West who is now with the City Of Winter Springs Police Department, Code Enforcement Bureau. REPORTS 403. Code Enforcement Vice Chair No Report. REPORTS 404. Code Enforcement Board Members No Report. PUBLIC INPUT No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — APRIL 20, 2010 PAGE 4 OF 14 ❖ AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. ❖❖ REPORTS REPORTS 401. Office Of The City Clerk Assistant to the City Clerk, Gayle Coutant asked the Code Enforcement Board, "If the Board would entertain the — Consent Minutes and Agenda Items and Agendas to be sent via electronically ?" Chairman Wood commented, "I cannot see a reason for us not to. Does anyone have a reason for you not to be receiving this electronically ?" The Board was in Consensus to receiving documents from the Office of The City Clerk via email. 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 #1221000001744 Terry Lynn Johnson 406 Greyford Lane Casselberry, Florida 32707 -5369 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson announced that he would be presenting this Case and provided "WSRL 1", containing all the Evidence for the Cases being heard and then began his Testimony by stating, "On January the 22 2010 at 8:35 a.m., at the intersection of the east bound lane two (2) State Road 434 and Winding Hollow (Boulevard) a green Honda, Florida Registration 718 6HZ passed through the intersection on a steady Red Light, captured by video recording Traffic Control Equipment and was in Violation of Section 12 -83." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2010 PAGE 5 OF 14 Continuing, Captain Tolleson mentioned, "On January the 28 2010, the Violations recorded images were reviewed by Captain Chris Deisler, a sworn Police Officer with the City of Winter Springs and found that Probable Cause did exist to issue a Notice of Infraction. That Infraction was issued on January the 29 2010 to the registered owner Terry Lynn Johnson." Following this review, American Traffic Solutions received on February 5, 2010 Terry Lynn Johnson's request to transfer Affidavit of Non - Responsibility to his wife and Captain Tolleson stated, "Additionally, that has not been received, nor an Affidavit to Contest, but the system still required and scheduled an Administrative Hearing and review of all Evidence and the Infraction which was set March the 8 2010." Captain Tolleson added, "Probable Cause did exist and the Hearing was set for April the 20 , 2010." A copy of the letter informing Mr. Johnson of the Hearing was displayed and Captain Tolleson remarked, "Mr. Johnson is not present." "WSRL 2" was provided to the Board depicting the "A" frame, which showed the vehicle behind the stop bar on a steady Red Light. The "B" frame, entitled, "WSRL 3" was presented showing the vehicle in the intersection on a steady Red Light. Captain Tolleson then displayed "WSRL 4 ", the license plate of the vehicle." A video relating to this Case was then shown. After the video, a photograph of the sign illustrating the "Photo Enforced" intersection and the "Camera Log" Evidence "WSRL 5" was displayed. Captain Tolleson then remarked, "This is `Violation of Evidence (Log)' Report which is `WSRL 6', which shows the license plate and registered owner of the vehicle. And here are the `Notes' that pertain to this Case, `WSRL 7', which shows that Hearing was set and that Terry did call because his wife was the driver. However, we did not receive an Affidavit of Non - Responsibility, nor did we receive a request for Hearing." Chairman Wood noted, "Let the Record reflect that the Respondent was not present." Discussion. "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THIS HEARING, I MOVE THE RESPONDENT BE FOUND IN VIOLATION OF SECTION 12 -83., ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER FISHER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA M INUTES CODE ENFORCEMENT BOARD REGULAR MEETING — APRIL 20, 2010 PAGE 6 OF 14 VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. PUBLIC HEARINGS — NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #1221000001892 Connie Jacobo 1647 Eagle Nest Circle Winter Springs, Florida 32708 -5923 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson introduced this Case through a PowerPoint presentation and provided the Board with the history. Captain Tolleson then stated, "On January the 28` 2010, the Violations recorded images were reviewed by Captain Chris Deisler, a sworn Police Officer with the City of Winter Springs and found that Probable Cause did exist to issue a Notice of Infraction. That Infraction was issued on January the 29 2010 to the registered owner Connie Jacobo." Continuing Captain Tolleson then reported, "On February the 24 2010 American Traffic Solutions received Connie Jacobo'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 requires and scheduled an Administrative Review for March 22 2010. I did perform an Administrative Review on March 22 2010 and found that Probable Cause still did exist for a Hearing this evening, April the 20` 2010." Next, Captain Tolleson displayed the request for a Hearing and Notice of Hearing and then indicated the Respondent was not present. Following, "WSRL 2 ", the "A" shot was provided for viewing and Captain Tolleson noted, "The light is red, had been red for 13.1 seconds, the vehicle is behind the stop bar. This is `WSRL 3' which shows the vehicle in the intersection still on a steady Red (Light). This is `WSRL 4' which shows the license plate of the vehicle." A video pertaining to this Case was shown to those in attendance. Afterwards, the "Photo Enforced" sign was presented along with Evidence "WSRL 5 ", the "Camera Log ", "WSRL 6 ", providing the registered owner and the vehicle information and "WSRL 7" containing `Notes' regarding Case Number 502.1. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2010 PAGE 7 OF 14 Chairman Wood asked, "The Respondent is not present, is that correct ?" Captain Tolleson replied that indeed Ms. Jacobo was not present. Chairman Wood then stated, "Just want to let the Record reflect, that, of course." Discussion ensured regarding the video footage. "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THIS HEARING, I MOVE THE RESPONDENT BE FOUND IN VIOLATION OF SECTION 12 -83., ADHERENCE TO RED LIGHT TRAFFIC CONTROLS." MOTION BY BOARD MEMBER FISHER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau — Police Department CASE #1221000002254 Adele Chipman Kelsay 200 Birch Terrace Winter Springs, Florida 32708 -2937 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson began his Testimony for this Case and corrected the date on a PowerPoint slide stating, "On January the 25 2010 at — 2:36 p.m., lane 3, a green Honda, Florida Registration C93 9JZ passed through the intersection on a steady Red Light captured by the video recording Traffic Control Equipment and was in Violation of (Section) 12 -83. On January the 28 2010, the Violations recorded images were reviewed by Captain Chris Deisler, a sworn Police Officer with the City of Winter Springs and found that Probable Cause did exist to issue the Notice of Infraction. That Infraction was issued on January the 29 2010 to the registered owner Adele Chipman Kelsay, who is here this evening." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2010 PAGE 8 OF 14 Continuing, Captain Tolleson reviewed the Respondent's request to Contest the Infraction and mentioned the Administrative Review performed stating, "On March the 11 2010, I conducted that review and found that Probable Cause still existed and set a Hearing for this evening, April the 20` 2010." Next, the request for the Hearing and Notice of Hearing, were shown. Captain Tolleson then reported, "This is the `A' shot, which is `WSRL 2'. It shows the red time at five (5) seconds and the vehicle in lane 3. This is `WSRL 3' which is the `B' frame, which shows the vehicle in intersection on steady Red (Light). This is a picture of the license plate which is `WSRL 4'." A video pertaining to this Case was then viewed by those in attendance. Board Member Dick Crenshaw noted the speed of the vehicle at eighteen (18) miles per hour . Signage was shown depicting the light being "Photo Enforced ". Captain Tolleson then remarked, "This is `WSRL 5' which shows the signs are posted and deployment date. This is `WSRL 6' which shows the registered owner, vehicle and license plate and this is `WSRL 7' which shows that the Hearing was scheduled and the review was scheduled and heard." Ms. Adele Kelsay, 200 Birch Terrace, Winter Springs, Florida: addressed the Board and stated, "If I was driving the car, I would say, `Yes, I would have stopped at that Red Light, but I wasn't driving it'." Captain Tolleson then explained that the registered owner was responsible unless the vehicle was used without consent and continued by stating, "It doesn't go against the license which means there are no points accessed. However, it doesn't — allow you to transfer responsibility to another person unless that person had your vehicle without your consent." Vice Chairman James Pitts inquired about the Affidavit on the back of the Citation. Captain Tolleson clarified, "There is an Affidavit that they can say who was driving that vehicle. However, they cannot transfer that liability to that person unless it met one of the other criteria." Assistant City Attorney Kate Latorre explained, "There is an Affidavit on the back of the documents received. But, the Affidavit only serves as an excuse from being found in Violation for the Code when the vehicle is being used by someone other than the owner without the owners Consent." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2010 PAGE 9 OF 14 "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THE HEARING, I MOVE THE RESPONDENT BE FOUND IN VIOLATION OF SECTION 12 -83., ADHERING TO THE RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Bureau — Police Department CASE #1221000002502 Ruby Jones Cashe 6410 Lake Underhill Road Orlando, Florida 32807 -4814 Section 12 -83. (Adherence To Red Light Traffic Control Signal) This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Bureau — Police Department CASE #1221000002817 Maria Derose Loffredo 108 Goldenrain Cove Winter Springs, Florida 32708 -6405 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 - APRIL 20, 2010 PAGE 10 OF 14 PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Bureau — Police Department CASE #1221000003039 Suljo Garib 1517 East Boulevard Maitland, Florida 32751 -3570 Section 12 -83. (Adherence To Red Light Traffic Control Signal) This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.7 Code Enforcement Bureau — Police Department CASE #1221000003195 George Anthony Warshany 325 Streamview Way Winter Springs, Florida 32708 -6409 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson introduced the PowerPoint presentation, "WSRL 1" and reported, "On January the 30 2010 at 10:30 a.m., at the intersection of the east bound lane 3, State Road 434 and Vistawilla Drive, a red Ford, Florida Registration L91 2MP passed through the intersection on a steady Red Light while making a right turn, captured by video recording Traffic Control Equipment and is in Violation of Section 12 -83." Continuing, Captain Tolleson stated, "On February the 3` 2010, the Violation recorded images were reviewed by myself, Captain Glenn Tolleson, a sworn Police Officer with the City of Winter Springs and found that Probable Cause did exist to issue the Notice of Infraction. That Infraction was issued on February the 4 2010 to the registered owner Mr. Warshany, who is here this evening." Additionally, the Respondent's request to Contest the Infraction was received by American Traffic Solution and Captain Tolleson mentioned, "Which scheduled an Administrative Review for March the 15 2010. I conducted that review on March the 15 of 2010 of the recorded images and upon re- review found that Probable Cause did still exist and set for Hearing this evening." Following the Testimony, Captain Tolleson provided images of the request for Hearing and the Notice of Hearing and then described, "This is `WSRL 2' which shows the vehicle in lane 3, a red time of 16.2 seconds and this is the `A' frame. This is the `B' frame which is `WSRL 3' which shows the red time at 17.5 (seconds). This is `WSRL 4', which shows the license plate of the vehicle." The recorded images were then viewed by those in attendance. Next, "WSRL 5 ", the "Camera Log Report ", "WSRL 6 ", the "Violation of Evidence Log" and "WSRL 7" containing `Notes' were presented. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2010 PAGE 11 OF 14 Mr. George Anthony Warshany, 325 Streamview Way, Winter Springs, Florida: addressed the Board and stated, "It wasn't me driving. I was at work at the time," and continued by saying, "If I knew to look — which I didn't look on the back where I could have, I wouldn't even be here right now." Captain Tolleson advised the Respondent that he could view the video online. "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 VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. At this point, Vice Chairman Pitts asked Captain Tolleson, "Does a Violation recipient — do they have an opportunity to come in and see the video ?" Captain Tolleson replied, "Yes." PUBLIC HEARINGS - NEW CASES 502.8 Code Enforcement Bureau — Police Department CASE #1221000003328 Jean Arthur Associates, Inc. 5626 Red Bug Lake Road Winter Springs, Florida 32708 -4904 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson presented this Case to the Board and provided the history of the Violation which took place on January 28, 2010 at the intersection of State Road 434 and Winding Hollow Boulevard. CITY OF WINTER SPRINGS, FLORIDA M INUTES CODE ENFORCEMENT BOARD REGULAR MEETING — APRIL 20, 2010 PAGE 12 OF 14 Next, Captain Tolleson reported, "On February the 4 2010, the Violations recorded images were reviewed by myself, Captain Glenn Tolleson, a sworn Police Officer with the City of Winter Springs and found that Probable Cause did exist to issue a Notice of Infraction. That Infraction was issued on February the 5 2010 to the registered owner Jean Arthur Associates. On February 24 2010, American Traffic Solutions received Harry Arthur'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 requires and schedules an Administrative Review of all Evidence and the Infraction which was set for March the 18 2010." Captain Tolleson then explained he performed the review and noted, "Probable Cause still existed and was set for Hearing this evening, April the 20 2010." Following, this portion of the presentation, Captain Tolleson then provided the Respondent's request to Contest and the Notice of Hearing. Additionally, Captain Tolleson explained, "This is the `A' frame. As you can see the vehicle is in lane 2. This is `WSRL 2'. The light is red, has been red for 6/10 of a second. This is WSRL 3' which is the `B' frame, which shows the vehicle in the intersection on a steady Red (Light)." Further Evidence presented included `WSRL 4' depicting the license plate and the recorded video images. Continuing with the PowerPoint presentation, Captain Tolleson then explained, "This is a sign that is posted. This is `WSRL 5' which shows our signs were posted and deployment date for January the 28 2010. And, `WSRL 6' which shows the registered owner, make of vehicle and the intersection and date and time." "WSRL 7 ", containing Notes indicating the request coupons had been received, the review was conducted and Hearing was set, were then displayed. Mr. Harry Arthur, Vice President, Jean Arthur Associates, Inc., 988 Sequoia Court, Winter Springs: stated to the Board, "I was following behind this ambulance vehicle that was very high. I could not see the Red Light, whatsoever." Chairman Wood commented to the Respondent, "You are responsible for your vehicle." Tape 1 /Side B The video pertaining to this Case was shown again. 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 FISHER. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - APRIL 20, 2010 PAGE 13 OF 14 VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.9 Code Enforcement Bureau — Police Department CASE #1221000004573 Steven David Lezak 915 Cypresswood Court Winter Springs, Florida 32708 -4215 Section 12 -83. (Adherence To Red Light Traffic Control Signal) This Case was presented with a PowerPoint presentation by Captain Tolleson who stated, "On February the 8 2010 at 5:26 p.m, at the intersection of the east bound lane 3, State Road 434 and Vistawilla Drive, a Green Ford, Florida Registration 985 KWP 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 February the 12 2010, the Violations recorded images were reviewed by myself, a sworn Police Officer with the City of Winter Springs and found that Probable Cause did exist and the Infraction was issued on February the 16 2010 to the registered owner Steven David Lezak, who is not here this evening." Next, Captain Tolleson explained that American Traffic Solutions had received Mr. Lezak's request to Contest the infraction and a Hearing to the Code Enforcement Board as prescribed in Section 12 -89. of the City Code. Captain Tolleson informed the Board of the Administrative review that was conducted on March 25, 2010 and continuing by reporting that, "Probable Cause still existed and set for Hearing this evening, April 20 2010." The request for Hearing and Notice of Hearing were displayed. Then, Captain Tolleson stated, "This is `WSRL 2, which is the `A' frame that shows the vehicle and the steady Red (Light). This is the `B' frame, `WSRL 3' which shows the vehicle in the intersection on a steady Red (Light)." The license plate was then shown as "WSRL 4" and a video pertaining to this Case was viewed by those in attendance. The "Photo Enforced" sign posted was presented as "WSRL 5" followed by "WSRL 6 ", "Violation of Evidence Report", and then "WSRL 7" which showed "Notes ". CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — APRIL 20, 2010 PAGE 14 OF 14 "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THIS HEARING, I MOVE THE RESPONDENT BE FOUND IN VIOLATION OF SECTION 12 -83., ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER CRENSHAW: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. Discussion ensued regarding the possibility of additional Violations from the videos that were shown. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS — NON - COMPLIANCE CASES 503.1 Not Used. REGULAR AGENDA REGULAR 600. Not Used. ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 7:57 p.m. RESPECTFULLY SUBMITTED: v%;44 GAYLE COUTANT ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the May 18, 2010 Code Enforcement Board Regular Meeting.