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HomeMy WebLinkAbout2010 02 16 Consent 200 Approval Of January 19, 2010 Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD ORGANIZATIONAL/REGULAR MEETING JANUARY 19, 2010 CALL TO ORDER The Organizational/Regular Meeting of Tuesday, January 19, 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, absent Board Member Gregory Roero, absent Board Member Leah Weisman, present L_ rmi Alternate Board Member #1, Arsenio Calle, present Alternate Board Member #2, Robert Henderson, present Assistant City Attorney Kate Latorre, present Chairman Wood mentioned that with Board Members Carole Giltz and Gregory Roero having excused absences, Alternate Board Member Arsenio Calle and Alternate Board Member Robert Henderson would be in Voting capacity. 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' and `502.4 '. ❖ ❖AGENDA NOTE: PER THE CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD POLICY AND PROCEDURES MANUAL, THE FOLLOWING WAS HEARD FIRST, FOLLOWED BY THE REST OF THE AGENDA AS NOTED. ❖ ❖ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 19, 2010 PAGE 2 OF 18 REGULAR AGENDA REGULAR 600. Office Of The City Clerk Requesting An Election Of Chairperson And Vice Chairperson Be Held For 2010. "I NOMINATE LAURA -LEIGH WOOD (FOR CHAIRMAN)." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER CRENSHAW. CHAIRMAN WOOD STATED "I ACCEPT IT." DISCUSSION. ASSISTANT CITY ATTORNEY KATE LATORRE REFERRED TO SUBMITTED LETTERS AND COMMENTED, "BOTH OF THESE LETTERS WERE SENT BY BOARD MEMBERS IN SUPPORT OF YOUR NOMINATION FOR CHAIR." THE LETTER FROM BOARD MEMBER GLITZ WAS READ FIRST FOLLOWED BY A LETTER FROM BOARD MEMBER ROERO. ! ' ilZaim VOTE: ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER FISHER: AYE nti VICE CHAIRMAN PITTS: AYE tmael BOARD MEMBER CRENSHAW: AYE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. "I NOMINATE VICE CHAIRMAN PITTS (FOR VICE CHAIRMAN)." MOTION BY ALTERNATE BOARD MEMBER HENDERSON. SECONDED BY ALTERNATE BOARD MEMBER CALLE. DISCUSSION. VICE CHAIRMAN PITTS STATED, "I ACCEPT." DISCUSSION. VOTE: BOARD MEMBER FISHER: AYE ALTERNATE BOARD MEMBER CALLE: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 19, 2010 PAGE 3 OF 18 REGULAR 601. Police Department — Code Enforcement Bureau Requests The Board To Approve An Acceptable Qualification Of Posting For Calendar Year 2010. Chairman Wood recognized Captain Glenn Tolleson, Code Enforcement Bureau, Police Department and asked, "If you could, give us a brief description on how the Code Enforcement Bureau intends to Post for the future calendar year." Captain Tolleson remarked, "We would like to currently continue to Post Properties ten (10) days prior to the Hearing as we have done in the past." "SO MOVED." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER FISHER. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE ""Cil CHAIRMAN WOOD: AYE Pra ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER FISHER: AYE ' BOARD MEMBER WEISMAN: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. REGULAR 602. Police Department — Code Enforcement Bureau Requests The Board To Approve The Qualifications Of The Winter Springs Code Enforcement Officers. Captain Tolleson provided his qualifications by announcing, "I have been with the City of Winter Springs — in my twenty -fourth (24 year. I am Bureau Commander for the Code Enforcement Bureau. I am Certified in all three (3) levels of Code Enforcement through the Institute of Government. I am also a Certified Code Enforcement Professional for the State of Florida, also through the Institute of Government. I am Certified in I and II Family Building Inspector through the ICC (International Code Council). Chairman Wood asked "Do I have a Motion to Approve Captain Glenn Tolleson's qualifications as presented ?" "SO MOVED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY ALTERNATE BOARD MEMBER HENDERSON. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 19, 2010 PAGE 4 OF18 VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER FISHER: AYE VICE CHAIRMAN PITTS: AYE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE ALTERNATE BOARD MEMBER CALLE: AYE MOTION CARRIED. Inspector Jim Flannigan presented his qualifications mentioning to the Board that he is a Corporal of the Winter Springs Police Department and has been with the Police Department for the last twenty (20) years and held a variety of positions. Inspector Flannigan then added, "I am currently assigned to the Code Enforcement Bureau, and have been for approximately two (2) years now. I do hold Level I Certification Training in Code Enforcement and I am just waiting on the testing for Level II." Chairman Wood inquired, "Do we have a Motion to Approve Officer Flannigan's qualifications ?" "SO MOVED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER FISHER: AYE VICE CHAIRMAN PITTS: AYE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. Captain Tolleson introduced Wayne Wagner, Inspector Code Enforcement Bureau, Police Department and indicated that he is going through extensive Field Training and the Certification process. Inspector Wagner stated, "I am currently with the Police Department two (2) years now, Communication Specialist, a Dispatcher," and continued by saying, "I look forward to getting started and doing the best I can." Chairman Wood asked, "Do I have a Motion to Approve Inspector Wagner ?" "SO MOVED." MOTION BY BOARD MEMBER FISHER. SECONDED BY ALTERNATE BOARD MEMBER HENDERSON. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 19, 2010 PAGE 5 OF 18 VOTE: ALTERNATE BOARD MEMBER HENDERSON: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER FISHER: AYE VICE CHAIRMAN PITTS: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. REGULAR 603. Police Department — Code Enforcement Bureau Requests The Board To Re -Adopt The Winter Springs Code Enforcement Board (WSCEB) Policy and Procedures Manual For Calendar Year 2010, With Any Amendments, As Applicable. Vsei Chairman Wood inquired, "Are there any changes to be made ?" Chairman Wood addressed the Board, "Do I have a Motion to re -adopt The Winter Springs Code Enforcement Board Policy (And Procedures Manual) for Calendar Year 2010 ?" "SO MOVED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER FISHER. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE ALTERNATE BOARD MEMBER CALLE: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. REGULAR 604. Police Department — Code Enforcement Bureau Requests The Board To Re -Adopt The Finding Of Fact And Relief Order Scripts For Calendar Year 2010, With Any Amendments, As Applicable. Chairman Wood posed, "Do I have a Motion to re -adopt the Finding Of Facts /Relief Order scripts for Calendar Year 2010 ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 19, 2010 PAGE 6 OF18 Attorney Latorre stated, "Before there's a Motion, would you like to re -adopt them with the addition with the Red -Light scripts that was prepared ?" Chairman Wood responded, "I would like that please. A Motion is needed — for this suggested change." "SO MOVE THAT WE INCLUDE IN THE CODE ENFORCEMENT'S FINDING OF FACT AND RELIEF ORDER SCRIPT THAT PERTAINS TO THE RED - LIGHT ORDINANCE." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: ALTERNATE BOARD MEMBER CALLE: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE MOTION CARRIED. 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. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The December 15, 2009 Regular Meeting Minutes. Chairman Wood Asked, "Do I have a Motion for the Approval of the Minutes for — December 15 2009 — do I have a Motion to Approve these Minutes ?" "SO MOVED." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER FISHER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 19, 2010 PAGE 7 OF18 VOTE: CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER WEISMAN: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE BOARD MEMBER FISHER: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney — Kate Latorre, Assistant City Attorney Attorney Latorre mentioned a tentative date for an Orientation Meeting on February 9 2010. Vice Chairman Pitts recommended having the Orientation Meeting the same day as the Regular Meeting. There were no objections voiced. Chairman Wood asked the Office of the City Clerk to email all Board Members notifying them of the Orientation scheduled at 6:00 p.m. on March 16, 2010. REPORTS 401. Code Enforcement Bureau No Report. REPORTS 402. Office Of The City Clerk No Report. REPORTS 403. Code Enforcement Chair Chairman Wood thanked the Board for their support. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 19, 2010 PAGE 8 OF 18 REPORTS 404. Code Enforcement Vice Chair No Report. REPORTS 405. Code Enforcement Board Members te' No Report. ""CI IF"CA PCS PUBLIC INPUT Inei 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 #1220900008486 Latifah Nzinger Hope 696 Douglas Avenue Altamonte Springs, Florida 32714 -2521 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson presented the PowerPoint presentation and entered "WSRL 1" into Evidence and explained, "On October the 27 2009 at 5:33 p.m., at the intersection of east bound lane 2 of (State Road) 434 and Winding Hollow (Boulevard) a silver Dodge, Florida Registration K80 7MY passed through the intersection on a steady Red Light." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 19, 2010 PAGE 9 OF18 Continuing, Captain Tolleson indicated, "Probable Cause did exist to issue a Notice of Infraction. That Infraction was issued on November the 6 2009 to the registered owner, Latifah Hope." Additionally, Captain Tolleson performed an Administrative review set on December 9, and stated, "Upon re- review, Probable Cause did exist and Hearing was set for this evening, January 19 , 2010." Next, a copy of the request for Hearing and Notice of the Hearing was displayed. Captain Tolleson then added, "`WSRL 2' which is the `A' frame shot that shows the vehicle at the cross bar on a steady red. This is City's Exhibit `WSRL 3' which shows the vehicle in the intersection on a steady red. This is `WSRL 4' which shows the license plate of the vehicle." A video was then viewed. A photograph of the sign was shown exhibiting the intersection is "Photo Enforced ". A "Violation Evidence Report" was presented as "WSRL 6" along with "WSRL 7" in which Captain Tolleson mentioned, "The Hearing was scheduled and the review was conducted by myself. Ms. Hope's not here this evening. I have no further Testimony." "I WOULD LIKE TO MAKE A MOTION THAT WE FIND THE RESPONDENT LATIFAH NZINGER HOPE GUILTY OF VIOLATING ORDINANCE NUMBER 2008 -27, SECTION 12 -83. ADHERENCE TO STOPPING AT THE RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER FISHER. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER CRENSHAW: AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER FISHER: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 19, 2010 PAGE 10OF18 PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #1220900008981 Tessa Harris 903 South Scott Avenue Sanford, Florida 32771 -2247 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson reminded the Board that the CD, labeled "WSRL 1" had already been submitted to Chairman Wood. Captain Tolleson began his Testimony of this Case by providing a summary of the incident. Next, Captain Tolleson stated, "On November the 20 2009, the Violation recorded images were reviewed by myself; Captain Glenn Tolleson, a sworn Police Officer with the City of Winter Springs; and that Probable Cause did exist to issue a Notice of Infraction. That Infraction was issued on November the 23 2009 to the registered Owner, Ms. Tessa Harris. On December the 9 American Traffic Solutions received Ms. Harris' request to contest the Infraction and the Hearing to the Code Enforcement Board as prescribed in Section 12 -89. of the City Code." Continuing Captain Tolleson provided the Respondent's declaration to have the Hearing, the Notice of the Hearing and "WSRL 2" which is the "A" frame showing the Respondent's vehicle in lane 3 at the intersection. Captain Tolleson added, "This is `WSRL 3' which shows the vehicle in the intersection on a steady red. This is `WSRL 4' which is the license plate of the vehicle." A video was then shown to those in attendance. The photograph of the "Photo Enforced" sign was shown followed by the "Camera Log" listed as Evidence "WSRL 5 ". Additionally, "WSRL 6" "Violation of Evidence" Report and "WSRL 7" the Violation Evidence Report Notes were reviewed. Ms. Tessa Harris, 903 South Scott Avenue, Sanford, Florida: addressed the Board and stated, "I know better than to break any traffic laws in Winter Springs." Ms. Harris provided Testimony mentioning the weather and the cycle of the light changes. The video was displayed again for review. Vice Chairman Pitts commented, "The yellow light is on four and a half (4.5) seconds, which is a pretty long time. So if you observed the yellow and you were almost on the intersection, then you would have been through on yellow." Chairman Wood remarked, "You were at the stop bar at red." Discussion. The video related to this Case was once again shown. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 19, 2010 PAGE 11 OF18 Further discussion regarding the conditions of the weather and using precaution in inclement weather. Attorney Latorre mentioned, "There is very little room written into the Law for discretion. The Board has very little discretion. If they view the Evidence and the Evidence shows a Violation, in almost all Cases they have to find a Violation unless there is some sort of competing Evidence presented that would dispute what the photographs '° and the video show." I "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THIS HEARING, I MOVE THAT RESPONDENT BE FOUND IN VIOLATION OF , SECTION 12 -83., ADHERENCE TO RED LIGHT TRAFFIC CONTROL Lmej SIGNALS." MOTION BY BOARD MEMBER FISHER. SECONDED BY t BOARD MEMBER BY CRENSHAW. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER CRENSHAW: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE BOARD MEMBER FISHER: AYE MOTION CARRIED. Chairman Wood clarified, "Do you understand you were found in Violation that you did run this Red Light ?" Ms. Harris responded, "Yes I do understand." Chairman Wood added, "Captain Tolleson, if she has any further questions, are you available ?" Captain Tolleson replied, "Yes." Further discussion ensued on the procedures the Respondent should follow. PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau — Police Department CASE #1220900009120 Carol A. Aliseo 502 Lake Bridge Lane, Apartment 1628 Apopka, Florida 32703 -5765 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson began this Case with his Testimony. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 19, 2010 PAGE 12 OF 18 Then, Captain Tolleson mentioned that the Board already had the CD labeled "WSRL 1 ", then explained, "On November the 17 2009 at 2:30 p.m., at the intersection of east bound lane 3, State Road 434 and Winding Hollow (Boulevard); a silver Chevrolet, Florida Registration N89 2EU passed through the intersection on a steady Red Light captured by a video recording traffic control equipment and was in Violation of Section 12 -83." Pia Next, 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 ent issued on November the 23` 2009 to the Registered Owner, Carol Aliseo." The request rstl to contest the Infraction was received by American Traffic Solutions on December 14 2009. Continuing, Captain Tolleson announced, "I conducted an Administrative review on December 31 2009, and found that the recorded images and Evidence support the Infraction as set for Hearing this evening with the Code Enforcement Board January the 19 2010." Captain Tolleson added, "This is `WSRL 2', which shows the vehicle in lane 3 on a steady red (light). This is `WSRL 3', the `B' frame, which shows the vehicle in the intersection on a steady red (light). This is `WSRL 4' which is the recorded image of the license plate." Next a video related to this Case was shown. Additionally, a photograph of the sign was 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" entitled "Violation of Evidence Report" Notes. Tape 1 /Side B Ms. Carol Aliseo, 502 Lake Bridge Lane, Apartment 1628, Apopka, Florida: stated, "I'm not here to say that this is not my car. That is my car. I am here just to state that on the day of that incident, I was at my job. Unfortunately, when I received the letter in the mail with the picture of my car, I called my job and I asked for a letter stating that I was at my job. I do reside with some of my children — but at the time I didn't know who had the car." Chairman Wood asked Captain Tolleson to read what the Owners Affidavit of Non - Responsibility be reviewed. Captain Tolleson declared, "I have not seen her letter — at this point I would have to object to it being entered." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 19, 2010 PAGE 13 OF] 8 Attorney Latorre suggested, "If it satisfies the requirements of the Code, I think the Board should still accept it. After hearing what is required of the Affidavit, would you still like to submit your letter ?" Ms. Aliseo replied, "Yes, I would." Continuing, Attorney Latorre stated, "If the Chair would entertain, can I review the letter? I can not tell you whether it meets requirements of your Code, for the defense, but I can at least look at it." There were no objections voiced. Attorney Latorre reminded the Respondent that the letter was part of the Record and read the letter; which the Board entitled, "R RL 1". Discussion ensued regarding the requirements of the Code. The Respondent requested that she retrieve the Notice paperwork which was located in her car. There were no objections noted. Discussion regarding the Affidavit followed. A Recess was called at 8:00 p.m. Chairman Wood reconvened the Regular Meeting at 8:04 p. m. Ms. Aliseo reviewed the document that she retrieved from her car and stated, "I never read the back" and added, "I'm willing to pay the Fine." "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THIS HEARING, I MOVE THAT RESPONDENT BE FOUND IN VIOLATION OF SECTION 12 -83., ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER BY HENDERSON. DISCUSSION. VOTE: CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER FISHER: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 19, 2010 PAGE 14 OF18 PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Bureau — Police Department CASE #09- 0021238 Janice S. Harvey 1120 Winter Springs Boulevard Winter Springs, Florida 32708 3fr, Section 20 -439. (Parking Regulation) Date Of Service: Certified — Proof Of Delivery December 24, 2009 Inspector — Jim Flannigan Inspector Jim Flannigan, Code Enforcement Bureau, Police Department, provided a at PowerPoint presentation on behalf of the City of Winter Springs displaying the Ordinance Number and Code Section. "Minimum Designated Parking Area Design Standards" were noted by Inspector Flannigan. A photograph was displayed and Inspector Flannigan remarked, "On August 1 I 2009, I posted a Violation warning Notice and a pamphlet for the new Ordinance to the Property of 1120 Winter Springs Boulevard. The pamphlet states Residential Guide to Driveway and Parking Regulations for residential properties. That includes the illustration you just saw. The vehicle in Violation was a 1999 Cadillac; tag number L45 9AD, registered to Janice Harvey. This vehicle is parked in the front grass area of the house. The Violation was given thirty (30) days to discontinue parking on the grass or create a designated parking area for the vehicle. On October 28 2009, a second Violation warning and pamphlet was posted on the Property. The same vehicle was observed on this date and previous times, still parking on the front grass and continued Violation with no attempts to create designated parking area." The Application for Permit that was obtained was shown. Inspector Flannigan mentioned that the PowerPoint presentation indicated that it had not been signed off, but was informed it was signed off and Approved on December 14, 2009. Additional photographs were exhibited. Continuing, Inspector Flannigan stated, "On November 30 2009, I Noticed a Code Violation letter received by Registered letter explaining the Ordinance; that parking on the front yard was Prohibited per City Code and the Code Board has the power to levy Fines up to two hundred and fifty dollars ($250.00) per day if Violation was not corrected." Inspector Flannigan then mentioned, "As of December 6 2009, a designated parking area has been installed correctly per Ordinance and Approved by the Building Department." The request for Finding of Fact and Relief Order was made by Inspector Flannigan. Photographs were again reviewed by the Board. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JANUARY 19, 2010 PAGE 15 OF18 Captain Tolleson discussed the Approval process that occurred with the Planning and Zoning Board/Local Planning Agency and the City Commission. The intent of the Code was explained next. Inspector Flannigan added, "We are basically just requesting a Finding of Fact and make it aware that the designated parking area is the spot where it is supposed to be parked or the driveway and no other parking in the grass." Pla Discussion occurred regarding the extensive time frame that it took the Respondent to get a designated parking area and continuation of vehicle parked in different areas on the grass of the property. R "?YiQ4'AY. Additional discussion ensued on dates of the vehicle not being properly parked and the Violation. Ms. Janice S. Harvey, 1120 Winter Springs Boulevard, Winter Springs, Florida: addressed the Code Enforcement Board and provided history of obtaining the Permit. Further discussion ensued regarding parked cars in the Respondent's yard. Tape 2 /Side A. Next, the Ordinance related to parking cars in front yards was discussed. "I WOULD MAKE A MOTION THAT FOR FINDING OF FACT, PAGE 7, ASK THE CLERK TO READ." MOTION BY BOARD MEMBER FISHER. CHAIRPERSON WOOD ADDED, "AND REPEAT VIOLATION FOUND TO EXIST A FINE WILL BE IMPOSED IN THE AMOUNT OF BLANK." BOARD MEMBER FISHER STATED, "SINCE I MADE THE MOTION, I AM GOING TO PROPOSE TWO FIFTY (TWO HUNDRED AND FIFTY DOLLARS) ($250.00) A DAY." SECONDED BY ALTERNATE BOARD MEMBER HENDERSON. DISCUSSION. "THE CITY OF WINTER SPRINGS VS. JANICE S. HARVEY, CASE NUMBER 09- 0021238. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND MS. JANICE S. HARVEY AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 19, 2010 PAGE 16 OF 18 FINDING OF FACT: 1. 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(S) 20.439. OF THE CITY CODE EXISTED. 2. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS P PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS PRESENT AT THIS HEARING. Di V e 3. A VIOLATION OF THE CODE DID EXIST ON THE PROPERTY FROM - AUGUST 11 2009 THROUGH OCTOBER 28 2009, BUT HAS SINCE BEEN CORRECTED. THE RESPONDENT IS CURRENTLY IN COMPLIANCE. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MS. JANICE S. HARVEY HAS VIOLATED SECTION(S) 20 -439. (PARKING REGULATION) OF THE CITY CODE AND A JUDGMENT OF "GUILTY" BE ORDERED FOR THE RECORD, AND THAT THE BOARD RECOGNIZES THAT THE VIOLATION HAS SINCE BEEN CORRECTED AND IS CURRENTLY IN COMPLIANCE. FURTHERMORE, THE RESPONDENT IS HEREBY NOTIFIED THAT ANY FURTHER VIOLATIONS OF SECTION(S) 20 -439. OF THE CITY CODE WILL BE CONSIDERED A REPEAT VIOLATION. IF A REPEAT VIOLATION IS FOUND TO EXIST, A FINE WILL BE IMPOSED IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY, PER VIOLATION, BEGINNING ON THE FIRST DAY THE VIOLATION WAS AGAIN FOUND AGAIN TO EXIST. AS 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 BY ASSISTANT TO THE CITY CLERK COUTANT. ATTORNEY LATORRE CLARIFIED, "IN THE EVENT THAT A REPEAT VIOLATION OCCURRED, THE CASE WOULD COME BACK BEFORE THIS BOARD AND IN MY OPINION NOT BOUND BY WHATEVER FINE. THIS IS GOING TO BE MORE OF A RECOMMENDATION AT THIS POINT. YOU ARE GOING TO HEAR IT AGAIN IF IT IS A REPEAT VIOLATION AND AT THAT POINT YOU ARE NOT COMFORTABLE WITH THE FINE THAT YOU RECOMMENDED IN TONIGHT'S FINDING OF FACT, YOU WILL HAVE THE DISCRETION TO CHANGE IT AT THAT TIME." NO OBJECTIONS WERE VOICED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JANUARY 19, 2010 PAGE 17 OF 18 VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER CALLE: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE MOTION CARRIED. mati Ms. Harvey inquired about parking arrangements for special occasions were addressed by Captain Tolleson. Chairman Wood commented, "If you do everything right, there is no problem." PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Bureau — Police Department CASE #09- 0021526 Chetandas G. And Donna J. Gopani 424 David Street Winter Springs, Florida 32708 Section 12 -53. (Disabled And Unlicensed Vehicle) Date Of Service: Certified — Proof Of Delivery December 24, 2009 Inspector — Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Bureau — Police Department CASE #09- 0021599 Steven And Rebecca Silverman 706 Sunbury Court Winter Springs, Florida 32708 Section 13 -2. (Stagnant Pool) Date Of Service: Certified — Proof Of Delivery January 6, 2010 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 — JANUARY 19, 2010 PAGE 18 OF18 REGULAR AGENDA REGULAR 600. Not Used. ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 8:50 p.m. ots RESPECTFULLY SUBMITTED: GAYLE COUTANT ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the , 2010 Code Enforcement Board Regular Meeting.