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HomeMy WebLinkAbout2009 09 15 Consent 200 Approval of the August 18, 2009 Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 18, 2009 O . Q•~ CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, August 18, 2009 was called to Order at 7:00 p.m. by Chairman Laura-Leigh Wood, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Laura-Leigh Wood, present Vice Chairman James B. Pitts, present Board Member Dick Crenshaw, absent Board Member Carole Giltz, present Board Member Dale Kirby, present Board Member Gregory Roero, present Board Member Leah Weisman, present Alternate Board Member #1 Hugh Fisher, absent Alternate Board Member #2 Arsenio Calle, present Chairman Wood noted, "We have absent Alternate Board Member [#1 ] Hugh Fisher which is Excused. We have absent tonight also, Board Member Dick Crenshaw which is also Excused. So, we will have Alternate Board Member [#2] Arsenio Calle in Voting capacity." Next, Chairman Wood led the Invocation and Pledge of Allegiance. Continuing, Chairman Wood inquired if there were any "Agenda Changes". Deputy City Clerk Joan Brown replied, "The Cases we will be hearing are Public Hearings 502.1, 502.3, 502.4, 502.5 and 502.6." Deputy City Clerk Brown swore in Winter Springs Code Enforcement Inspector, Mr. David Alamina, Building Official and those who may be providing Testimony during the presentation of tonight's Cases. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 18, 2009 PAGE 2 OF 13 CONSENT ~ CONSENT 200. Office Of The City Clerk Approval Of The July 21, 2009 Regular Meeting Minutes. _ "I MOVE THAT WE APPROVE THE MINUTES OF THE JULY 21sT [2009] MEETING AS PRESENTED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER KIRBY: AYE VICE CHAIRMAN PITTS: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE ALTERNATE BOARD MEMBER CALLE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. •• AGENDA NOTE: "PUBLIC INPUT" WAS HELD NEXT, FOLLOWED BY THE REST OF THE AGENDA IN THE ORDER AS DOCUMENTED. • • PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA -CONTINUED CA5ES PUBLIC HEARINGS -CONTINUED CASES 500.1 Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 18, 2009 PAGE 3 OF 13 PUBLIC HEARINGS AGENDA -REPEAT CASES PUBLIC HEARINGS -REPEAT CASES 501.1 Not Used. PUBLIC HEARINGS AGENDA -NEW CASES PUBLIC HEARINGS -NEW CASES 502.2 Code Enforcement Bureau -Police Department CASE #1220900000335 Robert P. And Alice S. Malafronte 1219 Winding Chase Boulevard Winter Springs, Florida 32708 Section 12-83. (Adherence To Red Light Traffic Control Signal) This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.3 Code Enforcement Bureau -Police Department CASE #1220900000756 James Foster Smith 300 Sheoah Boulevard, Apartment 802 Winter Springs, Florida 32708 Section 12-83. (Adherence To Red Light Traffic Control Signal) Captain Glenn Tolleson, Code Enforcement Bureau, Police Department presented this Case and stated, "This Hearing was requested by the Respondent who is here this evening." A PowerPoint presentation was introduced. Captain Tolleson stated, "I am going to enter all of these into Evidence. This is `WSRL 2' which is the Evidence of the `A' shot." Next, Captain Tolleson continued, "We are entering into Evidence `WSRL 3' which is the Evidence Record of `B' shot. This is the photo of the license plate to verify the Tag was 377 KYZ, and this is entered into our Evidence as `WSRL 4'." The Video recording was shown. Continuing, Captain Tolleson stated, "Again, 323 feet back from that intersection's stop bars is Posted. And again, our Camera Log 12:00 a.m.; our pass Operational Test violation and the Deployment Test was at 11:59. Again passed Operational, signs were Posted and that is WSRL `5'. A 62 P CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 18, 2009 PAGE 4 OF 13 The "Seminole County Traffic Engineering Timing Sheet" was shown. Captain Tolleson stated, This is the Violation Evidence Report with all the same information that we have gone over this evening to include the `Issue Date' and `Appearance Date' and that is WSRL `6', and this shows WSRL `7' which shows the accountability that the Hearings were set and Reviews were set." Chairman Wood asked for clarification, "Sixty (60) miles per hour was clocked at the stop bar. Is that correct?" Captain Tolleson replied, "That is correct." Mr. James Foster Smith, 300 Sheoah Boulevard, Apartment 802, Winter Springs, Florida: addressed the Board Members and asked about the calibration and camera testing of the equipment. Chairman Wood asked Mr. Smith, "Did you run the red light?" Mr. Smith replied, "I am going to say, `Yes I did' according to the information that you have." Discussion. "I MAKE A MOTION THAT WE FIND THE RESPONDENT, MR. JAMES FOSTER SMITH GUILTY OF SECTION 12-83. ADHERENCE OF STOPPING AT THE RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER KIRBY. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER CALLE: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. RUBLIC HEARINGS -NEW CASES 502.4 Code Enforcement Bureau -Police Department CASE #1220900000947 Bruce Randall Athan 618 Huntly Lane Winter Springs, Florida 32708 Section 12-83. (Adherence To Red Light Traffic Control Signal) The Video recording was shown. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 18, 2009 PAGE 5 OF 13 Captain Tolleson introduced a PowerPoint presentation for this Case and stated, "This is City's Evidence WSRL `2' which is that `A' frame which was taken by the camera." Next, Captain Tolleson remarked, "This is WSRL `3' which is that captured `B' frame. This is a photo of the license plate and the rear of the van, L63 6AD -WSRL `4'. Again, our sign - we do verify this to ensure -distance from the intersection. The Operational Calibration Test was performed at 12:00 a.m., Violation was at 10:46 a.m. and Deployment Calibration was at 11:59:59. Signs were Posted and it passed the Operational Test and that is WSRL `5'." The "Seminole County Traffic Engineering Timing Sheet" was shown. Next, Captain Tolleson remarked, "Our Violation Data [Report] WSRL `6." Discussion. Mr. Bruce Athan, 618 Huntly Lane, Winter Springs, Florida: addressed the Board Members related to this Case. Chairman Wood asked Mr. Athan, "Can you ask Captain Tolleson at this time to clarify the seconds and about - because I know that that is all standardized." Captain Tolleson replied, "The timing of the lights are Certified and maintained by Seminole County Traffic Engineering. The City [of Winter Springs] has absolutely no input on the lights and they are based on one and a half (1%Z) seconds per ten (10) miles per hour and they synchronize them and Certify them." Further discussion ensued. Chairman Wood asked, "Did you run the red light or not?" Mr. Athan replied, "Yes, I did run the light." "I MAKE A MOTION THAT WE FIND MR. BRUCE RANDALL ATHAN GUILTY OF SECTION 12-83. ADHERENCE TO STOPPING AT RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER KIRBY. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBR KIRBY: AYE VICE CHAIRMAN PITTS: AYE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER CALLE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 18, 2009 PAGE 6 OF 13 PUBLIC HEARINGS-NEW CASES 502.5 Code Enforcement Bureau -Police Department CASE #1220900001812 James Lee Ferenc 13951 Econ Woods Lane Orlando, Florida 32826 Section 12-83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson introduced this Agenda Item and a PowerPoint presentation and stated, "We always provide the original Notice [Of Infraction] and the back, which always has the options and the Request for Hearing and the Contest." Continuing, Captain Tolleson stated, "WSRL [2] is our Evidence with that `A' shot Frame. This is the `B' shot. Again the light is red -this is the City's Evidence WSRL `3'." Next, Captain Tolleson remarked, "This is the shot of the license plate, and this is WSRL `4', to be entered into Evidence that that is the vehicle in question." The Video recording was shown. Captain Tolleson stated, "Again, the sign was verified; Operational Test was conducted, the sign was Posted and again verified, it is 4.5 [seconds] on the yellow." The "Seminole County Traffic Engineering Timing Sheet" was shown. Mr. James Lee Ferenc, 13951 Econ Woods Lane, Orlando, Florida: spoke to the Board Members related to this Case and stated, "I did run the red light." Discussion. Tape 1/Side B "I MAKE A MOTION THAT WE FIND THE RESPONDENT JAMES LEE FERENC GUILTY OF SECTION 12-83. ADHERENCE TO STOPPING AT RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER KIRBY. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITT5: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE ALTERNATE BOARD MEMBER CALLE: AYE MOTION CARRIED. A CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 18, 2009 PAGE 7 OF 13 Captain Tolleson explained the Appeal process and entered into Evidence the PowerPoint presentation as WSRL `1'. Further discussion continued. PUBLIC HEARINGS-NEW CASES 502.6 Code Enforcement Bureau -Police Department CASE #502.6 1003 Gator Lane Juan E. Cruz Jr. And Ida L. Cruz Section 108. (IPMC) (Unsafe Property) Section 301.3. (IPMC) (Vacant Structure) Section 304.1. (IPMC) (Exterior Of The Structure) Section 304.7. (IPMC) (Roof) Section 105.3.2. (FBC) (Demolish And Rebuild) Date Of Service: Certified -Proof Of Delivery July 23, 2009 Inspector -David Alamina Captain Tolleson introduced this Case and stated, "This particular Case this evening is a normal Code Enforcement [Board) Case and I just want to remind the Board that by Florida State Statutes Chapter 162, this Board can rule whatever corrective action needs to be taken. And in this particular Case, we are asking you all for demolition of home and with that -the Building Official has outlined his Case and I have gone over this Case with him and we are prepared this evening to go with that Finding of Fact and ask for that Relief [Order] in this Case." A PowerPoint presentation was introduced. Mr. David Alamina, Building Official, Building Division, Community Development Department: addressed the Board Members related to this Case and stated, "I am licensed with the State of Florida as Building Official, Building Code Administrator, Plans Examiner in all disciplines and as Building Inspector in all disciplines." The Florida Statutes related to this Case were outlined and read by Mr. Alamina. Mr. Alamina stated, "Findings of Fact and appropriate Relief [Order] in this Case - I am asking for demolition or immediate demolition of the dilapidated building at 1003 Gator Lane." Captain Tolleson stated, "The City would like to enter into Evidence this CD which contains this PowerPoint and the pictures that we are about to go through as [WS] `1'. WS `2' would be the Affidavit Posting and Mr. Alamina, `Is that indeed your signature'?" Mr. Alamina replied, "Yes." Captain Tolleson asked, "Is that a copy of the Posting?" Chairman Wood asked, "The original from -August 7~', [2009]? The Final Posting?" Mr. Alamina stated, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST ] 8, 2009 PAGE 8 OF 13 Captain Tolleson then stated, "And enter in this original Posting, WS `3'. WS `4' -the Certified process that we did hand deliver and did speak with Mr. Juan Cruz [Jr.], the property owner and Noticed him that there was a Hearing this evening. And as Mr. Alamina said, he has spoken with Mr. Cruz as far back as July 30`h, [2008]." Photographs of the Site were shown. Mr. Alamina stated, "This is the -final Posting. This was the initial Posting that Idid - Michael Sheraldi [Building Inspector] went with me as a Witness that I Posted it. The entire building was secure." Further discussion ensued on safety issues. Captain Tolleson asked Mr. Alamina, "Based on your experience, would that structure withstand one hundred (100) mile an hour winds?" Mr. Alamina replied, "I do not believe - I think everything would go. I am not too sure about the walls. The walls may stand up in a hurricane scenario, but all that debris is going to fly all over the place." Discussion ensued on the length of time it took to get this Case here tonight. Vice Chairman James B. Pitts asked, "Have we had an indication from the Cruz Family whether they had planned to do anything with that Property at all?" Captain Tolleson replied, "Yes we do, but the Officer that had that Testimony was unable to be here because she was out sick." Vice Chairman Pitts remarked, "Could you relay what she would have said?" Captain Tolleson replied, "The response that she reported to me was that he said, `It does not bother him, because he was not claiming the Property' -but it is still officially their Property." Board Member Arsenio Calle asked, "If demolished, whose expense would it be?" Captain Tolleson replied, "If the Board rules in favor of the City this evening, we will have to go out for Bid and contract that work and once that work is completed, a Lien will be placed upon the Property." Chairman Wood stated, "We need to make a Motion." "FINDING OF FACT GUILTY, CODE VIOLATIONS FOR SECTIONS..." MOTION BY BOARD MEMBER HIRBY. CAPTAIN TOLLESON ADDED, "... [SECTIONS] 108.1.,108.1.2.,108.1.3., 301.3., 304.1. AND 304.7.." "THE CITY OF WINTER SPRINGS V5. JUAN E. CRUZ, JR. AND IDA L. CRUZ, CASE NUMBER 502.6 AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: CTfY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 18, 2009 PAGE 9 OF 13 FINDING OF FACT: THAT THE RESPONDENT WAS PROVIDED NOTICE BY THE CODE ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 2-59 OF THE CITY CODE THAT A VIOLATION OF SECTIONS [108.1., 108.1.2., 108.1.3., 301.3., 304.1. AND 304.7. OF THE INTERNATIONAL CODE PROPERTY MAINTENANCE IS5UE OF 2006]. 1. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS NOT PRESENT AT THI5 HEARING. 2. THE RESPONDENT WAS PROVIDED A REASONABLE TIME TO CORRECT THE VIOLATION. 3. THE RESPONDENT FAILED OR REFUSED TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED. 4. THE VIOLATION CONTINUES TO EXIST UPON THE RESPONDENTS PROPERTY. Tape 2/Side A THEREFORE, I MOVE THAT THIS BOARD FIND THAT JUAN E. CRUZ, JR AND IDA L. CRUZ HAVE VIOLATED SECTIONS [108.1., 108.1.2., 108.1.3., 301.3., 304.1. AND 304.7.] OF THE CITY CODE AND A JUDGEMENT OF `GUILTY' BE ORDERED FOR THE RECORD. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." FULL READING DONE BY DEPUTY CITY CLERK BROWN. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER KIRBY: AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER GILTZ: AYE ALTERNATE BOARD MEMBER CALLE: AYE MOTION CARRIED. A Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST 18, 2009 PAGE ] 0 OF 13 Next, discussion followed on a possible Relief Order and Chairman Wood stated, "There is no Fine. It is just Demolition." Captain Tolleson replied, "The Fine is actually going to be the Demolition of the building and the costs associated with that." Continuing, Captain Tolleson stated, "The Respondent has been Noticed in this Case. They failed to appear. They are not even claiming ownership of it." Chairman Wood asked, "Are you still going to give them immediate Notice?" Captain Tolleson stated, "Immediate Notice that it is coming down - by the City and that is their Notice." Chairman Wood inquired, "It is not to correct it?" Captain Tolleson replied, "No. We are not asking them to correct it." Chairman Wood remarked, "Demolition." Captain Tolleson stated, "It is an abatement of that building." Chairman Wood stated, "There are no further future occurrences?" Captain Tolleson replied, "No. There will not be." RELIEF ORDER: "I MAKE THE MOTION THAT THE CITY OF WINTER SPRINGS VERSUS JUAN E. CRUZ, JR. AND IDA L. CRUZ, CASE NUMBER 502.6 HAVING BEEN FOUND GUILTY FOR VIOLATING SECTIONS 108.1., 108.1.2., 108.1.3., 301.3., 304.1., 304.7., OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN NOTICE IMMEDIATELY OF THE DEMOLITION." MOTION BY CHAIRMAN WOOD. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KIRBY: AYE ALTERNATE BOARD MEMBER CALLE: AYE MOTION CARRIED. PUBLIC HEARINGS -NEW CASES 502.1 Code Enforcement Bureau -Police Department CASE #1220900000129 Robert David Barson And Michael Zachary 702 Golfpoint Drive Winter Springs, Florida 32708 Section 12-83. (Adherence To Red Light Traffic Control Signal) ..~. ~. Captain Tolleson introduced this Agenda Item and presented a PowerPoint presentation and a Video recording was also shown. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 18, 2009 PAGE 11 OF 13 Continuing, Captain Tolleson stated, "WSRL `2' is that `A' shot frame of the vehicle which depicts Mr. Barson's vehicle here and the lights were red. This was the `B' shot - and the light is red, WSRL `3' is that `B shot entered into Evidence. A copy of the license plate of Mr. Barson's vehicle, WSRL `4' shows that vehicle with that license plate. Next, Captain Tolleson stated, "The sign -was properly Posted and is still currently 323 feet. Signs Posted and Deployment Test was at midnight." Captain Tolleson then stated, "The Violation and of course the Operational Test was performed at the end of the day saying that all of the equipment was indeed operational." Chairman Wood asked, "If this was not calibrated correctly, then..." Captain Tolleson added, "...It would not have passed the Operational Test and that is WSRL `5'. The "Seminole County Traffic Engineering Timing Sheet" was shown. Finally, Captain Tolleson added, "Our Violation Data, WSRL `6'. For the Record, Chairman Wood noted that the Respondent was not present at the Hearing. "I MAKE A MOTION THAT WE FIND THE RESPONDENT MICHAEL ZACHARY BARSON GUILTY OF FAILURE TO STOP AT THE RED LIGHT." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER KIRBY: AYE ALTERNATE BOARD MEMBER CALLE: AYE MOTION CARRIED. •3 • AGENDA NOTE: THE FOLLOWING "REPORTS" WERE HEARD NEXT, IN THE ORDER DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. • • REPORTS O CITY OF WINTER SPRINGS, FLARIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING -AUGUST I8, 2009 PAGE 12 OF 13 REPORTS 402. Code Enforcement Board Chair Chairman Wood referred to the reference materials from the Conference and Training Seminar that she attended in June 2009 and asked that they be emailed to the Board Members. Discussion ensued on Red Light Infractions. REPORTS 401. Office Of The City Clerk Deputy City Clerk Brown distributed the Code Enforcement Board Member List for any updates; and reminded the Board Members of the Appreciation Reception and Dinner being held on September 1 l~', 2009 at Hollywood Bistro at 7:00 p.m. REPORTS 400. Code Enforcement Bureau No Report. REPORTS 403. Code Enforcement Board Vice Chair No Report. REPORTS 404. Code Enforcement Board Members No Report. 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 -AUGUST ] 8, 2009 PAGE ] 3 OF 13 REGULAR AGENDA ~ REGULAR 600. Not Used. ADJOURNMENT F~ RESPECTFULLY SUBMITTED: Chairman Wood adjourned the Regular Meeting at 9:05 p.m. JOAN L. BROWN DEPUTY CITY CLERK NOTE: These Minutes were approved at the , 2009 Code Enforcement Board Regulaz Meeting.