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HomeMy WebLinkAbout2010 04 20 Consent 201 Request Approval Of March 16, 2010 Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 16, 2010 CALL TO ORDER The Regular Meeting of Tuesday, March 16, 2010 of the Code Enforcement Board was called to Order by Vice Chairman James B. Pitts at 7:05 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, absent Vice Chairman James B. Pitts, present Board Member Dick Crenshaw, present r� Board Member Hugh Fisher, present Board Member Carole Giltz, present Q Board Member Gregory Roero, present Board Member Leah Weisman, absent Alternate Board Member #1, Arsenio Calle, present Alternate Board Member #2, Robert Henderson, present Assistant City Attorney Kate Latorre, present Vice Chairman Pitts announced, "Board Members (Chairman Laura - Leigh) Wood and (Leah) Weisman will be absent from tonight's Meeting and their absences are `Excused'. Alternate Board Members — Arsenio Calle and Bob (Henderson) will be in a Voting position for this evening." Next, Vice Chairman Pitts asked for a moment of silence and led the Pledge of Allegiance. Continuing, Vice Chairman Pitts 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', `502.4' `502.5' and `600' and `601 ". 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 16, 2010 PAGE 2 OF 20 INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The February 16, 2010 Regular Meeting Minutes. y Vice Chairman Pitts mentioned, "I found a couple of areas that need to be referenced and changed prior to our Voting on the Approval," and continued by saying, "We are using `WSRL 1' as the code for the data that is given by the City and referencing the Red Light Violations, the CD's. We also, unfortunately in this document are using that same code, `WSRL 1' for other — Code Violations. I am proposing that we make that change to these ..o Minutes so that it reflects anything other than Red Light, would be just Winter Springs (WS)1,2,3,or4. "I WOULD MOVE THAT THE MINUTES BE ACCEPTED AS AMENDED." MOTION BY ALTERNATE BOARD MEMBER HENDERSON. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER CRENSHAW: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. ❖ ❖ CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -• MARCH 16, 2010 PAGE 3 OF 20 PUBLIC INPUT No one spoke. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. r'CZ) REPORTS REPORTS 400. Code Enforcement Bureau, Police Department No Report. C=ZO REPORTS 401. Office Of The City Clerk No Report. REPORTS 402. Code Enforcement Board Chair No Report. REPORTS 403. Code Enforcement Board Vice Chair No Report. REPORTS 404. Code Enforcement Board Members No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 16, 2010 PAGE 4 OF 20 REPORTS 405. Office Of The City Attorney — Kate Latorre, Assistant City Attorney No Report. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 500.1 Not Used. � --r PUBLIC HEARINGS AGENDA - REPEAT CASES '"IC.y PUBLIC HEARINGS - REPEAT CASES C.. , 501.1 Not Used. PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Bureau — Police Department CASE #1220900009773 Mark Anthony Myers 8313 Gandy Way Orlando, Florida 32810 -2858 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Glenn Tolleson, Code Enforcement Bureau, Police Department entered into Evidence "WS 1" and stated, "That is the CD which contains all the PowerPoint (presentations) this evening." Captain Tolleson then began his Testimony noting, "On November the 28 2009 at 11:12 a.m., at the intersection of the east bound lane 2 State Road 434 and Winding Hollow (Boulevard), a tan Acura, Florida Registration M41 2XL passed through the intersection on a steady Red (Light), captured by video recording control equipment and was in Violation of Section 12 -83." Next, Captain Tolleson explained, "On December the 2" 2009, 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 a Notice of Infraction. That Infraction was issued on the December 3 2009 to the registered owner, Mark Anthony Myers." Following this review, American Traffic Solutions received Mark Anthony Myers' request to Contest the Infraction and an Administrative review of all Evidence and the Infraction was conducted by Captain Tolleson on February 8, 2010. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 16, 2010 PAGE 5 OF 20 Captain Tolleson added, "Probable Cause did exist for this Hearing this evening and was set for tonight, March the 16 2010." A copy of the letter informing Mr. Myers of the Hearing was displayed. "WSRL 2" was provided to the Board depicting the "A" frame, which showed the vehicle at the intersection 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 directed the Board's attention to the screen and said, "This is Winter Springs Red Light 4 (WSRL 4) which shows the license plate of the vehicle." A video for this Case was then shown to the Board. 1)- "Cl After the video, a photograph of the sign illustrating the "Photo Enforced" intersection and the "Camera Log" Evidence "WSRL 5" was displayed on the screen. Captain Tolleson then remarked, "This is "Violation Evidence Log" which is Winter Springs Red Light 6 (WSRL 6), which shows the date and time and license plate of the vehicle and this is Winter Springs Red Light 7 (WSRL 7) which are all the notes related to this particular Case." Vice Chairman Pitts inquired, "Is the Respondent here this evening ?" Captain Tolleson replied, "No." Vice Chairman Pitts then spoke to the audience, "Let me remind the folks that are here this evening, that we as the Code Enforcement Board are only here to determine whether in fact there was a Violation of the Code and if there was any substantiating Evidence that would preclude us from finding you Guilty." Board Member Dick Crenshaw commented, "I noticed he was hitting the maximum speed." "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: VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE ALTERNATE BOARD MEMBER CALLE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 16, 2010 PAGE 6 OF 20 PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #1220900010144 Jennifer S. Beach 27 Golf Terrace Drive, Apartment 209 Winter Springs, Florida 32708 -5725 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson informed the Board about the Case using a PowerPoint presentation and then stated that after review of the recorded images, "Found that Probable Cause did exist to issue a Notice of Infraction. That infraction was issued on December the 14 2009 to the registered owner, Jennifer Beach." Continuing Captain Tolleson remarked, "On January the 4 2010, American Traffic Solutions (ATS) received Jennifer Beach's request to Contest the Infraction and a Hearing to the Code Enforcement Board as prescribed in Section 12 -89. of the City Code. L The system requires and schedules an Administrative review of all Evidence and the Infraction, which was set for February the 8 2010." Captain Tolleson then noted, "Upon re- review, Probable Cause still existed and a Hearing was set for today, March 16 2010." Information related to the Respondent's request for a Hearing was shown, following the Notice of the Hearing set for March 16, 2010. Then, Captain Tolleson commented, "This is Winter Springs Red Light 2 (WSRL 2) which is the `A' frame, which shows the Cadillac at the intersection on a steady Red (Light). This is Winter Springs Red Light 3 (WSRL 3) which shows the white Cadillac inside the intersection on a steady Red (Light). This is Winter Springs Red Light 4 (WSRL 4) which shows the license plate of the vehicle." Next, a video related to this Case was viewed by those in attendance. A "Photo Enforced" sign was displayed; then, "WSRL 5" the "Camera Log Report" showing the camera's log and operational test information; followed by "WSRL 6" the "Violation Evidence Report". A last slide "WSRL 7" which provided notes pertaining to this Case was shown. Captain Tolleson announced that the Respondent was not present. "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 SIGNAL." MOTION BY BOARD MEMBER GILTZ. SECONDED BY ALTERNATE BOARD MEMBER HENDERSON. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 16, 2010 PAGE 7 OF 20 VOTE: BOARD MEMBER FISHER: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE ALTERNATE BOARD MEMBER CALLE: AYE MOTION CARRIED. 2"-L-:1 PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau – Police Department —J CASE #1220900010805 t== Terry Lee Pelletier 1370 Prince Philip Drive Casselberry, Florida 32707 -3907 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson began his Testimony and stated, "On December the 17 2009, at 11:39 a.m., at the intersection of east bound lane 2, State Road 434 and Winding Hollow (Boulevard), a white Ford, Florida Registration 751 HRC passed through the intersection on a steady Red Light, captured by video recording Traffic Control Equipment and was in Violation of Section 12 -83." Furthermore, Captain Tolleson noted, "On December the 24 2009, 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 December the 28 2009 to the registered owner, Terry Lee Pelletier." Next, Captain Tolleson mentioned that American Traffic Solutions received a request from the Respondent to contest the Infraction and then explained, "Additionally, the system requires an Administrative Review which was set and conducted on the February 8 2010 by myself and upon re- review, Probable Cause did exist and the Hearing was set for this evening." A hand written note was received and displayed on the screen which said "I do not own this van." Next, "WSRL 2 ", the "A" frame showing the vehicle in lane 2 on a steady Red Light was shown. Captain Tolleson remarked, "This is Winter Springs Red Light 3 (WSRL 3) which shows the white Ford in the intersection on the steady Red (Light). This is Winter Springs Red Light 4 (WSRL 4) which shows the license plate of the van." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 16, 2010 PAGE 8 OF 20 Next, a video relating to this Case was viewed by those in attendance. Captain Tolleson presented additional slides of the "Photo Enforced" intersection, the "Camera Log Report" Evidence "WSRL 5 ", the "Violation Evidence Log ", Evidence "WSRL 6" and "WSRL 7 ", the "Violation Evidence" notes. Continuing, aerial photographs were displayed of the white Ford van parked at the 1370 Prince Philip Drive, Casselberry, Florida address. I Next, Captain Tolleson stated, "Investigation shows that Mr. Pelletier did have a 2004 white van insured by AIG Insurance. He renewed it on December the 28 2009 and then since transferred that tag on January 20, 2010 to a green Dodge; and Mr. Pelletier is not here this evening. " Discussion regarding speed and license plates ensued. Board Member Crenshaw inquired, "Do you do anything, as far as the wrong tag ?" Captain Tolleson stated, "We reject those." "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: ALTERNATE BOARD MEMBER CALLE: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. ❖ • AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. 4*. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 16, 2010 PAGE 9 OF 20 PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Bureau — Police Department CASE #1220900009773 Mark Anthony Myers 8313 Gandy Way Orlando, Florida 32810 -2858 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson announced, "In the Case of 502.1 Mark Anthony Myers, he has arrived this evening. It is up to the Board if you wish to re -hear the Case or leave it set as Heard." . "'C:f Discussion. Vice Chairman Pitts stated, "Should we re -hear the Case, `Aye' would indicate `Yes'. a `Nay' would indicate `No'." Assistant City Attorney Kate Latorre added, "If you want to re -Hear the entire Case, then I would recommend make a Motion to re- consider and re -Hear the entire Case from beginning to end. If you just want to allow Mr. Myers the opportunity to present to you and then determine whether you want to re -open the Case; that is also an option." "I THINK THAT OPTION WOULD IS PREFERABLE. THAT WOULD BE THE QUESTION THEN, WHETHER WE WOULD PERMIT THE RESPONDENT TO GIVE HIS TESTIMONY, IF WE DETERMINE HIS TESTIMONY IS SUFFICIENT TO US TO RE -OPEN THE ENTIRE CASE THEN WE WOULD. IF NOT, THEN WE WOULD PROCEED. COULD I HAVE A ROLL CALL, VOTE ON THAT, PLEASE ?" MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. ASSISTANT TO THE CITY CLERK COUTANT ASKED FOR CLARIFICATION OF THE MOTION. ATTORNEY LATORRE THEN STATED, "JUST TO CLARIFY, THE BOARD IS OPEN TO HEARING WHAT MR. MYERS HAS TO SAY; AT WHICH POINT IF YOU WANT, IF IT IS GOING TO CHANGE YOUR MIND, OR THINK IT MAY CHANGE YOUR MIND, I RECOMMEND PUTTING ON THE WHOLE HEARING AGAIN. WE CAN HEAR THE CODE INSPECTOR'S EVIDENCE. WE CAN HEAR MR. MYERS' EVIDENCE FORMALLY AND THEN MAKE A DECISION THEN." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 16, 2010 PAGE 10 OF 20 VOTE: ALTERNATE BOARD MEMBER CALLE: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER FISHER: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE 11'1W MOTION CARRIED. Assistant to the City Clerk Coutant swore in the Respondent, Mr. Mark Anthony Myers. Mr. Mark Anthony Myers, 8313 Gandy Way, Orlando, Florida: addressed the Board. Vice Chairman Pitts reminded the Respondent of the Board's responsibility. Attorney Latorre remarked, "And just to clarify, the Board already conducted the Hearing from beginning to end and confirmed the Citation for the Red Light Violation. I think they are open to hearing what you have to present and if necessary, will re -open the Hearing." Mr. Myers mentioned, "I don't believe I was driving the car on the date in question," and added, "I loan my car out on many different occasions to various people on our team." Vice Chairman Pitts referred to the back of the Infraction Notice the Respondent received and mentioned, "It gives you specific information on how to supply an Affidavit to the (City of Winter Springs) Police Department, indicating that you were not driving the vehicle at that time." Additionally, Mr. Myers stated, "I called, they said I would have to provide detail information of who was driving the vehicle and I didn't have that information." Board Member Crenshaw then remarked, "You are still the owner of the vehicle and you are responsible for whoever is driving it." Discussion ensued regarding payment schedule of the Fine. Vice Chairman Pitts then said, "The decision we made earlier that found you Guilty, the vehicle Guilty of running the Red Light," and added, "Under these circumstances, I do not think we need a Motion." Attorney Latorre stated, "No." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 16, 2010 PAGE 11 OF 20 PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Bureau — Police Department CASE #1221000000050 Wendy Lynn Tanner 218 Velveteen Place Chuluota, Florida 32766 -6002 , Section 12 -83. (Adherence To Red Light Traffic Control Signal) r "'�—a• a" A PowerPoint presentation was presented by Captain Tolleson who commented, "On a"L" 5 December the 24 2009 at 4:19 p.m., at the intersection of the east bound lane 2, State °"' Road 434 and Winding Hollow Boulevard, a white Toyota, Florida Registration B33 OBS passed through the intersection on a steady Red Light, captured by video recording Traffic Control Equipment and was in Violation of Section 12 -83." C=0 Additionally, Captain Tolleson provided information regarding the review process of the recorded images and affirmed that Probable Cause did exist to issue a Notice of Infraction which was issued on January 5, 2010 to the registered owner Wendy Lynn Tanner. Next, Captain Tolleson remarked, "On February the 4 2010 American Traffic Solutions received Wendy Tanner'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 which was set for and heard on February the 16 2010 by myself of all the Evidence and recorded images. Upon re- review, Probable Cause did exist and Hearing was set for tonight, March 16 2010." The Request for Hearing slide was viewed on the screen, followed by the letter informing the Respondent that the Hearing was set for March 16, 2010. Next displayed was "WSRL 2" which showed the vehicle entering the intersection. Captain Tolleson then pointed out, "This is Winter Springs Red Light 3 (WSRL 3) that shows the vehicle in the intersection on a steady Red (Light). This is Winter Springs Red Light 4 (WSRL 4) which shows the license plate of the white Toyota." A video relating to this particular Case was shown to those in attendance followed by the photographs of the "Photo Enforced" sign at the intersection. Next, the "Camera Log" Evidence "WSRL 5" was presented along with "WSRL 6" the "Violation of Evidence Report" depicting the Violation date and time, the location of the Infraction, license plate, make, model and registered owner information. Additionally, Captain Tolleson presented "WSRL 7" and stated, "This shows the Hearing was scheduled and was Heard and that we received Ms. Tanner's request." Ms. Wendy Lynn Tanner, 218 Velveteen Place, Chuluota, Florida: presented her Testimony and expressed, "It was Christmas Eve. I had tons of family members from out of town, etc. etc. I had just gotten back from Georgia and I was not driving the vehicle." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 16, 2010 PAGE 12 OF 20 Vice Chairman Pitts asked the Respondent, "Did you fill out the Affidavit on the back of your..." Ms. Tanner replied, "...I saw it and it looked very wordy." Continuing Vice Chairman Pitts communicated, "Unfortunately, the vehicle is registered to you. You are responsible unless you can prove someone else was driving the car. "' Discussion. Board Member Carole Giltz said to Captain Tolleson, "If it is proven that another person on was driving the car other than Owner, does that person then receive the Citation ?" Captain Tolleson replied, "Yes. There is part of the Code that allows for the transfer of I= liability. If you transfer the liability, you are giving the name, address, and driver's license number of the individual that was driving the vehicle at that time. There is an Application for that. At that point, they relinquish the registered Owner and transfer the liability to the driver, if that is what the registered Owner requests. However, none of that was mentioned in any of the notes or was that Transfer of Liability Application provided." Discussion ensued regarding the driver of the vehicle; points not being accessed on the Respondent's license; and the registered Owner's responsibility. Next, City Code Section 12 -83. was again displayed. "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 BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER FISHER: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — MARCH 16, 2010 PAGE 13 OF 20 PUBLIC HEARINGS — NEW CASES 502.5 Code Enforcement Bureau — Police Department CASE #1221000000258 Christine J. Pieper 816 Contravest Lane Winter Springs, Florida 32708 -6341 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson delivered the Testimony of this Case through a PowerPoint presentation 111 "'"Cl which provided the history of this Case. Continuing, Captain Tolleson stated, "On January the 4 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 a Notice of Infraction. That Infraction was issued on January the 5 2010 to the registered Owner Christine Piper." Tape 1 /Side B Additionally, American Traffic Solutions received the Respondent's request to contest the Infraction and a Hearing to the Code Enforcement Board as prescribed in Section 12- 89. of the City Code on January 25, 2010 and an Administrative review was scheduled on February 10, 2010. Captain Tolleson remarked, "All the Evidence and recorded images on re- review, Probable Cause still existed for Hearing set for this evening, March 16 2010." Then, Captain Tolleson showed those in attendance the request for Hearing and a letter informing the Respondent of the Hearing; and "WSRL 2" which confirmed the vehicle at the intersection on a steady Red Light. Captain Tolleson then noted, "This is Winter Springs Red Light 3 (WSRL 3) which shows the vehicle continuing on through the intersection on a steady Red (Light)." Following, a slide of the vehicle license plate was displayed and a video relating to this Case was projected. Captain Tolleson then provided a photograph of the "Photo Enforced" sign at that intersection and added, "Winter Springs Red Light 5 (WSRL 5) which is the "Camera Deployment Log" which shows that on December the 29 2009 at the starting end of the date, operational signs past and signs were posted." After that "WSRL 6" the "Violation Evidence Report" which as Captain Tolleson explained, "Shows the date and time of the Infraction, location, tag number, vehicle and registered Owner. And this is Winter Springs Red Light 7 (WSRL 7) notes that pertain to this Case, which shows that the Hearing was scheduled, Heard and set for this evening." Ms. Christine J. Pieper, 816 Contravest Lane, Winter Springs, Florida: inquired, "What is Code 12 -89. ?" Attorney Latorre replied, "(Section) 12 -89. in the City Code provides the Appeal procedure, which you have availed yourself of." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 16, 2010 PAGE 14 OF 20 Discussion ensued regarding the "Photo Enforced" sign and the Evidence slides previously presented. Ms. Pieper commented, "I could not submit an Affidavit as to who was driving the car, again because it was a Holiday. I have five (5) people that have keys to my car, my children, my husband," and continued by stating, "I am not aware of the fact that the .� vehicle is guilty of running the Red Light." Vice Chairman Pitts specified, "The - registered Owner of the vehicle is guilty." Ms. Pieper cited, "That's not the law that I read. You can say that, you every right to say that at-my and you have every right to have a ruling on it. I only know what I've read and that's my point." Vice Chairman Pitts said to Ms. Pieper, "In looking at the photos and of the motion V 3L.1 photo, did in fact the vehicle go through the Red Light ?" Ms. Pieper answered, Lam""' "Absolutely, absolutely. But, I would like to know what the number of the Code and what the Florida State Statutes is for the vehicle running the Red Light and not the person." Captain Tolleson informed the Respondent that the City Code is Section 12 -83. and stated, "You were not Cited under the (Florida) State Statutes which would have been (Florida State Statute) 316." Ms. Pieper remarked, "That's against the law. Because any Ordinance has to be within the Florida State Statutes." Continuing, Captain Tolleson stated, "We are not going to discuss legalities of the Ordinance because it was Approved under Home Rule..." Ms. Pieper declared, "Well then, I request an Appeal, please, in the Court of Law. I want it on Record. So where would I do that ?" Attorney Latorre explained, "You would have to retain Counsel to file the Appeal." The Respondent mentioned she was going to Law School and then asked, "Do you fall under the State of Florida, Seminole County, or the City of Winter Springs ?" Vice Chairman Pitts replied, "City of Winter Springs." Discussion. Continuing Attorney Latorre noted, "Simply by stating that you're going to Appeal doesn't actually preserve your right to Appeal. You would have to file the requisite Appeal." Ms. Pieper stated, "I shall do that tomorrow." "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THE HEARING, I MOVE THAT THE RESPONDENT BE FOUND IN VIOLATION OF SECTION 12 -83. ADHERING TO THE RED TRAFFIC - CONTROL SIGNAL." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER HENDERSON. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 16, 2010 PAGE 15 OF 20 VOTE: BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER FISHER: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Bureau — Police Department CASE #10- 0021826 Dennis Coleman C=V 706 South Edgemon Avenue Winter Springs, Florida 32708 -5725 Section 12 -53. (Disabled And Unlicensed Motor Vehicle) Date Of Service: Certified — Proof Of Delivery February 20, 2010 Inspector — Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.7 Code Enforcement Bureau — Police Department CASE #10- 0021827 Dennis Coleman 706 South Edgemon Avenue Winter Springs, Florida 32708 -5725 Section 12 -53. (Disabled And Unlicensed Motor Vehicle) Date Of Service: Certified — Proof Of Delivery February 20, 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 - MARCH 16, 2010 PAGE 16 OF 20 REGULAR AGENDA REGULAR 600. Code Enforcement Bureau — Police Department CASE #04- 0005642 Bartholmew D. Phillips 600 Old Sanford Oviedo Road Winter Springs, Florida 32708 -5725 Section 2 -61.5 (Release Of Lien Application) Captain Tolleson provided history of this Case and mentioned, "This Case was originally heard before this Board on September the 21 of 2004. The Board found that Mr. Bartholomew D. Phillips was not in Compliance and was in attendance that night. In the Board's Order it stated that any future Violations would impose a Fine of five hundred dollars ($500.00) a day until Compliance is achieved." t=0 Continuing, Captain Tolleson informed the Board that a Certified Notice was Posted on May 6, 2006 and noted, "We had asked during a Non - Compliance Hearing for Finding of Fact and Relief in the amount of eighteen thousand, five hundred dollars ($18,500.00) for thirty -seven (37) days of Non - Compliance at five hundred dollars ($500.00) a day per the Board's Order starting April the 10 2006 through May 16 2006 when Compliance was achieved." Additionally, Captain Tolleson referred to Attorney Latorre's presentation and mentioned, "This is an Application for a Satisfaction of Release of Code Enforcement Lien by the City Code (Section) 2- 61.5., and then mentioned, "These are some of the things we are going to see, the Application and again as Kate (Latorre) spoke about, the gravity of the Violation time, in which it took the Violator to come into Compliance, the accrued amount of the Code Lien and any other subsequent Code Violations, which there are none. And again, any other circumstances as you heard earlier, the Commission may Approve, Approve those conditions or deny and that you are this evening going to send a recommendation to the Board which will go to the next City Commission Meeting." Captain Tolleson then explained, "This evening, the Code Enforcement Board is tasked to render an advisory recommendation to the City Commission for this Application as submitted by Mr. Phillips and is delineated by Winter Springs Chapters Code Section 2- 61.5. The Board must include one (1) of the below listed recommendations to the City Commission for Mr. Phillips' Application to be heard at the April 12, 2010 Regular scheduled Commission Meeting: One (1), either Approve Mr. Phillips' request for reduction of eighteen thousand dollars ($18,000.00) from the Lien; two (2) Approve with conditions recommended by this Board; three (3) or a denial of the request." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 16, 2010 PAGE 17 OF 20 Next, a copy of the Finding of Fact and Relief Order from the Hearing on May 16, 2006 slide was shown, followed by the "Order Imposing Penalty /Lien ". Captain Tolleson then conveyed the information from Mr. Phillips' Application by saying, "He is asking for a reduction in the amount of eighteen thousand dollars ($18,000.00)," and then read Mr. Phillip's letter of request into the Record. Alternate Board Member Arsenio Calle inquired about what the Lien was placed on. Captain Tolleson explained, "It is vacant property. It runs between two (2) power lines." 6""C:i Next, Board Member Carole Giltz inquired, "What was the Violation ?" Captain Tolleson C■= Q responded, "It was open storage which was a Violation of Zoning at the time." ".rte Vice Chairman Pitts then asked Captain Tolleson, "What is your recommendation ?" t=i Captain Tolleson stated, "To have this Board give me one (1) of the three (3) recommendations as prescribed by City Code." Alternate Board Member Henderson shared information about the Seminole County Trail System's "missing link ". Discussion ensued on the Waiver of the Fine. Captain Tolleson advised, "There is a Development Agreement where the Zoning and that Conditional Use is allowed through a Variance." Additional concerns regarding the Waiver of the Fine were further discussed. Attorney Latorre commented, "Nobody but the Commission can agree in the end to release the Lien or reduce the Lien to five hundred dollars ($500.00). I don't know if that one is a condition of the other. I do know that — the donation of the land for the Trail is out there, it's on the Table and that there were Zoning changes were attested in the letter. That was all correct. There were Zoning changes on his Property." Vice Chairman Pitts expressed, "I don't know how we can be expected to Waive an eighteen thousand, five hundred dollar ($18,500.00) Fine that was imposed on hearsay." Attorney Latorre advised, "I would just point the Board to the criteria that is in your Code to make this decision. You have five (5) things you need to look at and based on what Captain Tolleson says and what the information in Mr. Phillips' letter says, I think you should consider the gravity of Violation - How bad was it? How long did it last? How long did it take him to bring it into Compliance? Have there been any further Violations since it came into Compliance? Is there any financial hardship present? And then any other circumstances which could be the Evidence or the Testimony regarding the land donation. It is hearsay. It is not prohibited, but you take it for what it's worth." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — MARCH 16, 2010 PAGE 18 OF 20 Next, Board Member Dick Crenshaw commented on his recollection of the Case in May 2006. Captain Tolleson explained, "I know that the Community Development Director is trying to get this through because — this action has to come forward to Commission before the Development Agreement and other Agreements going forward, which is set for later on in April." Vice Chairman Pitts clarified, "You are saying then, what we decide here ' " tonight, the whole process is contingent on what we decide tonight ?" Captain Tolleson r..Ci remarked, "That was the understanding I got." Discussion. Alternate Board Member Henderson asked Attorney Latorre, "Can we release the Lien contingent upon this donation as a recommendation ?" Attorney Latorre responded, "You can recommend that the Lien be reduced subject to conditions. And that may be a reasonable condition. I'm just not sure how that will affect what else is going on out there. I have not been involved in the land donation." Further decision ensued on releasing the Lien; the location of the Trail; and a wall bordering the Trail on the Respondent's property. Board Members commented on having Community Development Department Staff attend a Special Meeting of this Board. "I WOULD LIKE TO MOVE TO TABLE CASE NUMBER — 04- 0005642 BE TABLED UNTIL THE APRIL MEETING." MOTION BY ALTERNATE BOARD MEMBER HENDERSON. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER FISHER: AYE ALTERNATE BOARD MEMBER CALLE: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Note: At the request of Staff and in the interest of time, a Special Meeting of the Code Enforcement Board was held on March 30, 2010, at which time this item was removed from the Table for consideration. Vice Chairman Pitts confirmed, "Captain Tolleson, you'll make the necessary arrangements to have the proper people here for the next Hearing, so we can decide this Case ?" Captain Tolleson nodded in agreement. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 16, 2010 PAGE 19 OF 20 REGULAR 601. Code Enforcement Bureau — Police Department CASE #09- 0021732 Dawn Bishop 811 Leopard Trail Winter Springs, Florida 32708 Section 20 -103A. (Tax Receipt) ' Date Of Service: Certified — Proof Of Delivery February 4, 2010 Inspector — Jim Flannigan Vice Chairman Pitts reminded the Board that this Case was presented at the February 16, 2010 Code Enforcement Board Meeting and stated, "It has come to our attention that there was some irregularities in the way they were served Notice and under the it"M.1 circumstances, I would like to set aside or Vacate our - Relief Order until that situation to can be resolved." Attorney Latorre explained, "Not having anything to do with the Hearing at all, it had come to my attention a few days following that Meeting, that the Notice issued to the Property Owners of the Violation of the Hearing did not meet the minimum requirements of Florida Law, it was just an oversight, a mistake. Going forward with the Hearing, conducting the Hearing, and finding them in Violation based on faulty Notice is in my opinion, Violates their Due Process Rights. So, I asked that the Case be put back on the Board's Agenda and — I do recommend that the Order be Vacated. And if the Violation still exists, Code Enforcement Staff is going to have to commence the Case from the beginning again, issuing Statutory Compliance Notice. It is my recommendation as Counsel, that the Board Approve a Motion to Vacate the Order because it just will not stand if we are challenged in an Appeal. It would be a big waste of money." "I WILL MAKE THE MOTION THAT WE VACATE /SET ASIDE THE VIOLATION, THE FINDING OF FACT AND THE RELIEF ORDER FOR CASE NUMBER 09- 0021732, DAWN BISHOP, 811 LEOPARD TRAIL, WINTER SPRINGS, FLORIDA AND BRING THE CASE UP AT THE CONVENIENCE OF THE CODE ENFORCEMENT OFFICERS." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY ALTERNATE BOARD MEMBER HENDERSON. DISCUSSION. ATTORNEY LATORRE NOTED, "ASSUMING THE VIOLATION STILL EXISTS, IT IS UP TO THE CODE ENFORCEMENT STAFF TO EVALUATE. THEY WILL BE JUST ISSUED A NEW NOTICE OF VIOLATION AND A NEW NOTICE OF HEARING." BOARD MEMBER GILTZ INQUIRED, "WILL THEY BE NOTIFIED IT WAS VACATED ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — MARCH 16, 2010 PAGE 20 OF 20 ATTORNEY LATORRE MENTIONED, "I HAVE BEEN IN CONTACT WITH THE PROPERTY OWNERS AND THEY HAVE LEGAL COUNSEL RETAINED AND I WILL PROVIDE THEM WITH A COPY." VOTE: BOARD MEMBER ROERO: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER FISHER: AYE ALTERNATE BOARD MEMBER CALLE: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE MOTION CARRIED. ADJOURNMENT Vice Chairman Pitts adjourned the Regular Meeting at 8:32 p.m. RESPECTFULLY SUBMITTED: GAYLE COUTANT ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the , 2010 Code Enforcement Board Regular Meeting.