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HomeMy WebLinkAbout2009 11 17 Public Hearings 502.8 WS-1, WS-2 (2) CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 CALL TO ORDER The Code Enforcement Board Regular Meeting of Tuesday, October 20, 2009 was called to Order at 7:00 p.m. by Chairman Laura -Leigh Wood, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Laura -Leigh Wood, present Vice Chairman James B. Pitts, present Board Member Dick Crenshaw, present Board Member Carole Giltz, present Board Member Dale Kirby, present Board Member Gregory Roero, present Board Member Leah Weisman, present Alternate Board Member #1 Hugh Fisher, present Alternate Board Member #2 Arsenio Calle, present Assistant City Attorney Kate Latorre, present Chairman Wood noted, "There are no absences this evening, so Alternate Board Members Fisher and Calle you will not be in Voting capacity this evening, but of course you can make comments." Next, Chairman Wood led the Invocation and Pledge of Allegiance. Continuing, Chairman Wood inquired if there were any "Agenda Changes Assistant to the City Clerk Gayle Coutant reported, "We will be hearing Case Numbers [Public Hearing Agenda Items] `502.1', `502. 2', `502.4', `502.5', `502.8', `502.9', and `502.10'." Deputy City Clerk Joan Brown swore in the Winter Springs Code Enforcement Inspectors and those who may be providing Testimony during the presentation of tonight 's Cases. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 2 OF 24 INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The September 15, 2009 Regular Meeting Minutes. "I MOVE FOR THE APPROVAL OF THE [SEPTEMBER 15, 20091 MINUTES AS PRESENTED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER GILTZ: 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 Mr. Clarence Thornton, 1118 Winter Springs Boulevard, Winter Springs, Florida: addressed the Board Members regarding the property next door that is in disrepair. Ms. Darcy Conrad, 1115 Winter Springs Boulevard, Winter Springs, Florida: spoke briefly to the Board Members regarding various properties. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 3 OF 24 Regarding properties noted during "PUBLIC INPUT Board Member Dale Kirby asked, "Captain Tolleson will you notify them when that Case is coming to [the Code Enforcement Board] Captain Tolleson replied, "Absolutely." REPORTS REPORTS 400. Code Enforcement Bureau No Report. REPORTS 401. Office Of The City Clerk No Report. REPORTS 402. Code Enforcement Chair No Report. REPORTS 403. Code Enforcement Vice Chair Vice Chairman James B. Pitts requested clarification from Assistant City Attorney, Kate Latorre on the legal aspects of red light Infractions. Attorney Latorre responded, "You all notice you have legal counsel now the City Commission has asked that the City Attorney's Office provide legal counsel to the Board every month from here on out. I am here to represent the Board; I don't prosecute Cases. I won't be assisting the Staff with proving that a Violation exists or doesn't exist, I am here strictly to provide legal counsel. So, if you have any questions regarding Due Process, Notice, whether you can do this or that I can also assist with Parliamentary issues as far as Motion making that's what I'm here for." Attorney Latorre continued, "As far as the red light Infractions are concerned the City [Commission] adopted the Ordinance approximately a year ago and the Citations are being issued and enforced at this time. The Violation in your Code is strictly `Did a person run the steady red light and is there photographic proof of that Violation' and your Code provides that if the photographs show the car going through the intersection while the light is red, that is what's called Prima Facie Evidence of a Violation." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 4 OF 24 Continuing, Attorney Latorre then explained, "Your Code provides certain circumstances under which an individual that has been cited can appeal to this Board there is a catch- all provision which says any other reason deemed appropriate by this Board; and then there are five (5) specific provisions: whether the vehicle was not under the care and control of the Owner; whether the driver was issued a Citation by a Law Enforcement Officer getting a ticket, a moving Violation essentially; the motor vehicle driver was required to run the light in order to protect property or safety of a person or the steady red light signal was inoperable or malfunctioning; and the other Appeal is if the person was required to run the light to comply with another law." Attorney Latorre then described the Affidavit process and added, "If this Board finds that the Violation is sustained by proof of the photographs and there was no other Evidence presented by the alleged Violator that could prove otherwise, then your Fine for the Violation and the Fine stands and I believe costs are assessed as well." Board Member Kirby asked for further explanation of the Appeal process. Attorney Latorre remarked, "Your City Code gives Violators, or the people who receive the Citation, I believe, twenty -one (21) days to file a Notice of Appeal with the Code Enforcement Officer. You have twenty -one (21) days to either pay the Fine, or request an Appeal; and the Appeal is submitted to the Code Enforcement Officer and the Code Enforcement Officer sets it for Hearing and the Hearing has to occur within sixty (60) days of the Notice of Appeal." Furthermore, Attorney Latorre said, "After they receive the Citation if they're going to Contest it, the next place they come is to this Board." Vice Chairman Pitts asked, "Can they Appeal the decision of this Board Attorney Latorre replied, "Yes, like any other Code Enforcement Violation the Violators have a certain period of time to Appeal to the Circuit Court." Attorney Latorre described the Circuit Court review procedure and remarked, "They want to Appeal the Circuit Court ruling then, they would appeal to the District Court of Appeal." Vice Chairman Pitts asked for clarification saying, "In normal Code Enforcement Hearings, if in fact the Defendant Appeals to Court, they can then appeal to the City Commission because it is a City Code, does that hold true with this as well Attorney Latorre responded, "There are certain provisions of your Code where if an Advisory Board makes a decision it will first go to the Commission for review and then to the Circuit Court, but the way that this process is laid out, goes to this Board, from an appeal of a red light Citation and then to the Circuit Court if they were to Appeal this Board's decision. There can be an Appeal from the Circuit Court to the District Court of Appeal and that is the final level." Further discussion ensued on the Code Ordinances. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 5 OF 24 REPORTS 404. Code Enforcement Board Members No Report. 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 #1220900004154 Mark T. And Roberta Jo Bibeau 1415 Montana Avenue Saint Cloud, Florida 34769 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Glenn Tolleson, Code Enforcement Bureau, Police Department displayed a PowerPoint presentation and provided Testimony for this Case explaining, "On July the 10 of 2009 at the intersection of the east bound lane 3, State Road 434 and Winding Hollow Boulevard, a white Ford, Florida registration I62 8QG, passed through the intersection on a steady red light." Captain Tolleson continued, "On August 27 2009, the Administrative review was conducted by myself, Captain Glenn Tolleson of all the Evidence and recorded images and upon re- review, Probable Cause did exist and the Hearing set for this evening October the 20 of 2009. This is a copy of the Affidavit that Mr. Bibeau signed requesting the Hearing. This is the letter to Mr. Bibeau informing that his Hearing at his request was set for this evening, October the 20 2009 at 7 p.m. I would like to enter into Evidence as `WSRL 1' will be the DVD." Next, Captain Tolleson continued the PowerPoint presentation noting, "This is City's Exhibit `WSRL 2', which is a shot of the `A' frame." Captain Tolleson then supplied "`WSRL 3', which is the `B' frame that shows the vehicle in the intersection with the light as steady red." Next, "WSRL 4 the license plate of the vehicle was shown, followed by the video recording of the Violation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 6 OF 24 Discussion. Captain Tolleson then stated, "This is `WSRL 5' City's Exhibit indicating that the signs were Posted." Captain Tolleson then provided as Evidence, "This is City's Exhibit `WSRL 6', a Violation Of Evidence Report indicating that the Violation Date was on 7/10 (July 10, [2009])." The continuation of the Violation of Evidence Report was furnished as "WSRL 7 Mr. Mark Bibeau, 1415 Montana Avenue, Saint Cloud, Florida: addressed the Board Members and explained that, "Obviously you can see that I did go through the red light, the posted speed on this road is fifty (50) miles an hour. I had attempted to stop the road conditions are wet." Continuing Mr. Bibeau asked, "That the Board take considerations on the conditions of the weather and the road on this day and Fine fairly." Discussion ensued in regards to the Evidence presented by Captain Tolleson's Testimony. "I MAKE A MOTION THAT WE FIND THE RESPONDENT MARK T. BIBEAU GUILTY OF SECTION 12 -83. ADHERENCE OF STOPPING AT THE RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER KIRBY. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER KIRBY: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. AGENDA NOTE: THE FOLLOWING "PUBLIC HEARINGS" CASES WERE HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, IN THE ORDER AS DOCUMENTED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 7 OF 24 PUBLIC HEARINGS NEW CASES 502.3 Code Enforcement Bureau Police Department CASE #1220900004196 Martin Hillje 23 Andrea Drive, Apartment 103 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 502.6 Code Enforcement Bureau Police Department CASE #09- 0020609 Suzanne J. Bragman 607 Bonita Road Section 12.53. (Disabled Motor Vehicle) Date Of Service: Certified Proof Of Delivery October 3, 2009 Inspector Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS -NEW CASES 502.7 Code Enforcement Bureau Police Department CASE #09- 0020610 Suzanne J. Bragman 607 Bonita Road Section 12.53. (Disabled Motor Vehicle) Date Of Service: Certified Proof Of Delivery October 3, 2009 Inspector Jim Flannigan This Agenda Item was not brought to the Hearing. Captain Tolleson asked the Chairman, "Due to the fact the rest of the Citations, the Respondents aren't here this evening, but we do have Respondents here for `502.8' and `502.10' I would like to ask the Board to move these Cases up." Chairman Wood replied, "Absolutely, we will do that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 8 OF 24 PUBLIC HEARINGS— NEW CASES 502.8 Code Enforcement Bureau Police Department CASE #09- 0020839 Louis E. Garcia 201 North Devon Avenue Section 13 -2. (Trash And Debris) Date Of Service: Certified September 24, 2009 Inspector Jim Flannigan Inspector Jim Flannigan, Code Enforcement Bureau, Police Department presented a PowerPoint presentation and provided Testimony on this Case. Inspector Flannigan indicated, "This Violation was first observed on June 23 2009." Continuing, Inspector Flannigan said "This property failed Re- Inspection again on August 20 2009, September 7 2009 and October 10 2009 and added, "I spoke to Mr. Garcia it was last week who moved most of the debris to the side of the house and placed it under a tarp. I did inform him that is still not corrected." Inspector Flannigan then said, "The property was posted with the Violation on October 10 2009, by myself with Notice of this Board Meeting. This property is still in Non Compliance. We are asking for Finding of Fact and Relief [Order]. Mr. Garcia is here this evening." Photographs were shown of the property noting an error on the date of the photograph. Mr. Louis E. Garcia, 201 North Devon Avenue, Winter Springs, Florida; stated, "Those pictures are horrendous. I didn't realize it looked that bad I do apologize. I have taken pictures today." Mr. Garcia then provided to the Board photographs which were entered into Evidence. Mr. Garcia added, "The photographs he took were right after a yard sale." Tape I /Side B Chairman Wood mentioned, "I am going to number these, `Rl' consecutively to `R8'." Discussion. "I MAKE A MOTION TO CONTINUE THE CASE." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VICE CHAIRMAN PITTS STATED, "CONTINUE THE CASE WHICH IS ON PAGE 3 CLERK WILL READ IT." CITY OF WINTER SPRINGS, FLORIDA M[NUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 9 OF 24 MOTION TO CONTINUE CASE "THE CITY OF WINTER SPRINGS VS. LOUIS E. GARCIA, CASE NUMBER 09- 0020839, I MOVE THAT THIS CASE BE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING OF THE CODE ENFORCEMENT BOARD, AS THE EVIDENCE AND TESTIMONY PRESENTED WAS INSUFFICIENT TO ALLOW THE BOARD TO RENDER A JUST AND FAIR RULING. LOUIS E. GARCIA, ARE YOU WILLING TO WAIVE FORMAL NOTIFICATION OF THE CONTINUED PROCEEDING READING BY DEPUTY CITY CLERK BROWN. MR. GARCIA REPLIED, "YES "LET THE RECORD SHOW THAT THE RESPONDENT AGREED TO WAIVE THE RIGHT TO FORMAL NOTIFICATION. THEREFORE I ALSO MOVE THAT THE BOARD ORDER THE CODE ENFORCEMENT OFFICER TO PROVIDE A COURTESY NOTIFICATION TO THE RESPONDENTS ABOUT WHEN THEIR CASE IS TO AGAIN BE HEARD BY THE BOARD." READING BY DEPUTY CITY CLERK BROWN. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: NAY BOARD MEMBER ROERO: NAY BOARD MEMBER GILTZ: NAY CHAIRMAN WOOD: NAY VICE CHAIRMAN PITTS: AYE BOARD MEMBER KIRBY: NAY MOTION DID NOT CARRY. "I MAKE A MOTION WE ARE USING `RELIEF ORDER A', MOTION WHERE VIOLATION IS FOUND TO HAVE EXISTED FINDING OF FACT, [PAGE] 5 AND ASK FOR A READING." MOTION BY BOARD MEMBER KIRBY. SECONDED BY CHAIRMAN WOOD. DISCUSSION. "THE CITY OF WINTER SPRINGS VERSUS LOUIS E. GARCIA, CASE NUMBER 09- 0020839. AFTER HEARING SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND LOUIS E. GARCIA 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 OCTOBER 20, 2009 PAGE 10 OF 24 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 SECTION 13 -2. TRASH AND DEBRIS OF THE CITY CODE EXISTED. 1. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS PRESENT AT THIS 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 RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT LOUIS E. GARCIA, [CASE NUMBER 09- 0020839] HAS VIOLATED SECTION 13 -2. TRASH AND DEBRIS OF THE CITY CODE AND A JUDGMENT 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 BY DEPUTY CITY CLERK BROWN. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KIRBY: AYE VICE CHAIRMAN PITTS: NAY BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE I I OF 24 "I WILL MAKE A MOTION FOR `RELIEF ORDER A', [PAGE] 11 I MOVE THE RESPONDENT BE GIVEN THIRTY (30) DAYS TO CORRECT THE VIOLATION AND A FINE IF HE DOES NOT, OF A HUNDRED AND FIFTY DOLLARS ($150.00) A DAY WITH A MAXIMUM TWO [HUNDRED] FIFTY [DOLLARS] ($250.00) A DAY REPEAT TWO [HUNDRED] FIFTY [DOLLARS] ($250.00)." MOTION BY BOARD MEMBER KIRBY. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS LOUIS E. GARCIA, CASE NUMBER 09- 0020839 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13 -2. TRASH AND DEBRIS OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN THIRTY (30) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF ONE HUNDRED AND FIFTY DOLLARS ($150.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT VIOLATION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE, FOR A REPEAT VIOLATION, WILL BE TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. I ALSO MOVE THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE ORDERED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIMEFRAME SET FORTH BY THIS BOARD. LET THE RECORD ALSO REFLECT THAT 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 DEPUTY CITY CLERK BROWN. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 12 OF 24 VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. PUBLIC HEARINGS NEW CASES 502.10 Code Enforcement Bureau Police Department CASE #09- 0021050 Kathryn Giroux And Stephanie L. Boyd 702 Overlook Way Section 13 -2. (Stagnant Pool) Date Of Service: Certified Returned "Refused" October 3, 2009 Inspector Jim Flannigan Inspector Flannigan presented a PowerPoint Testimony on behalf of the City of Winter Springs and provided "WS 2 Ms. Kathryn Giroux's return receipt card and "WS 3 Ms. Stephanie Boyd's return receipt card. Inspector Flannigan noted, "This Violation was first observed on July 22' 2009 by myself. This property was Posted with a City Violation Notice. This property was and still is vacant. The property failed Re- Inspection on August 24 2009, September 16 2009, and October 10 2009, October 15 2009 and today, October 20 2009." Continuing, Inspector Flannigan mentioned, "Notice of Violation was mailed to Kathryn Giroux and Stephanie Boyd. Both received the registered letters sent on August 17 2009 explaining the Violation." Inspector Flannigan commented, "This property is still in Non- Compliance. We are asking for Finding of Fact and Relief [Order]." Next, Inspector Flannigan displayed photographs of the stagnant pool containing debris. Discussion. M. Kathryn Giroux, 1422 East Gore Street, Orlando, Florida: introduced herself to the Board. Ms. Stephanie Boyd, 3468 Foxton Court, Oviedo, Florida: also introduced herself to the Code Enforcement Board. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 13 OF 24 Ms. Giroux then stated, "The house is in foreclosure I just got Notice yesterday that the Hearing is set for November 13 [2009]. Discussion. Ms. Giroux explained, "We don't have the income to pay for the maintenance for the pool." Board Member Roero replied, "Until it sells you're still responsible for it." Further discussion ensued regarding the foreclosure and Lien processes. Ms. Boyd remarked, "We can put locks on the gates. That's not a problem." Additional issues were discussed. Attorney Latorre mentioned, "If the Property changes hands at some point and the Bank obtains ownership to it, my experience with this is the Bank is going to start cleaning up the property they want to sell it." Tape 2 /Side A Further discussion. Captain Glenn Tolleson suggested, "There are companies out there that could come in and drain that pool down leaving some water in the bottom as to keep it from popping out of the ground and build a screen barrier over it, which would satisfy the issue." Further discussion ensued on bringing the Violation within Compliance and what is happening to rectify other stagnant pools within the City of Winter Springs. Captain Tolleson commented, "We'll be happy to work them to get to some resolution depending on the Order of the Board." Discussion. Chairman Wood asked Ms. Giroux, "Would you be willing to work with Captain Tolleson? Would you get a list even if it's more than what you think you could do Ms. Boyd asked, "Can I drain it Captain Tolleson replied, "I can discuss at the end of this Case and there are other financial services; there are community services; there are some Grants that are through Seminole County." Further discussion ensued. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 14 OF 24 "I WOULD LIKE TO MAKE A MOTION AT THIS POINT, THAT A VIOLATION IS FOUND TO HAVE EXISTED AS OF THIS HEARING, PAGE 5." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. "THE CITY OF WINTER SPRINGS VERSUS KATHRYN GIROUX AND STEPHANIE L. BOYD, CASE NUMBER 09- 0021050. AFTER HEARING THE SWORN TESTIMONY OF THE CODE ENFORCEMENT OFFICER AND KATHRYN GIROUX AND STEPHANIE L. BOYD AND REVIEWING THE EVIDENCE PRESENTED AT THIS HEARING, I FIND THAT THE CODE ENFORCEMENT OFFICER HAS PROVEN HIS CASE BASED ON THE FOLLOWING: 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 SECTION 13 -2. STAGNANT POOL OF THE CITY CODE EXISTED. 1. THE RESPONDENT WAS PROVIDED NOTICE OF THIS HEARING AS PRESCRIBED BY CHAPTER 162.12 OF THE FLORIDA STATUTES AND THAT THE RESPONDENT WAS PRESENT AT THIS 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 RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT KATHRYN GIROUX AND STEPHANIE L. BOYD, (CASE NUMBER 09- 0021050) HAS VIOLATED SECTION 13 -2. STAGNANT POOL OF THE CITY CODE AND A JUDGMENT 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 BY DEPUTY CITY CLERK BROWN. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 15 OF 24 VOTE: BOARD MEMBER KIRBY: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. MS. BOYD STATED, "I CAN PUT A LOCK ON BOTH GATES TOMORROW AND ALSO STATE FOR THE RECORD THAT WE'RE WILLING TO DO WHATEVER TAKES IT TO GET IT RESOLVED." DISCUSSION. CHAIRMAN WOOD ASKED, "DID I HEAR `RELIEF ORDER A'? FURTHERMORE, CHAIRMAN WOOD ASKED BOARD MEMBER WEISMAN, "ARE YOU MAKING A MOTION I WOULD LIKE TO LEAVE IT THIRTY (30) DAYS, BUT WITH THE TWO HUNDRED FIFTY DOLLARS (250.00) A DAY AFTER THAT." MOTION BY BOARD MEMBER WEISMAN. SECONDED BY BOARD MEMBER KIRBY. DISCUSSION. RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS KATHRYN GIROUX AND STEPHANIE L. BOYD, CASE NUMBER 09- 0021050 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 13 -2. STAGNANT POOL OF THE CITY CODE, I MOVE THAT THE RESPONDENT BE GIVEN THIRTY (30) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF THE RESPONDENT FAILS TO CORRECT THE VIOLATION WITHIN THE TIME PROVIDED, A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) WILL BE IMPOSED PER DAY UNTIL COMPLIANCE HAS BEEN VERIFIED BY A CODE ENFORCEMENT OFFICER FOR THE CITY OF WINTER SPRINGS. FURTHERMORE, ANY AND ALL FUTURE REOCCURRENCES OF THIS VIOLATION WILL BE CONSIDERED A REPEAT OFFENSE. A REPEAT VIOLATION WILL NECESSITATE FURTHER PROCEEDINGS WITHOUT THE OPPORTUNITY TO CORRECT THE REPEAT VIOLATION. THE FINE, FOR A REPEAT VIOLATION, WILL BE FIVE HUNDRED DOLLARS ($500.00) PER DAY, BEGINNING ON THE FIRST DAY THE REPEAT VIOLATION IS FOUND TO EXIST BY A CODE ENFORCEMENT OFFICER. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 16 OF 24 I ALSO MOVE THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE ORDERED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA SHOULD THE RESPONDENT FAIL TO CORRECT THE VIOLATION WITHIN THE TIMEFRAME SET FORTH BY THIS BOARD. LET THE RECORD ALSO REFLECT THAT THE RESPONDENTS ARE 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 DEPUTY CITY CLERK BROWN. VOTE: BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KIRBY: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. PUBLIC HEARINGS NEW CASES 502.2 Code Enforcement Bureau Police Department CASE #1220900004170 Bruce D. Griffin 101 Privado Court Winter Springs, Florida 32708 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Chairman Wood stated, "You just handed me "`WSRL 2', `[WSRL] 3', `[WSRL] 4', `[WSRL] 5', [WSRL] 6', [WSRL] 7 respectively." For the Record, Vice Chairman Pitts inquired about the absence of a Respondent. Attorney Latorre advised, "Due Process of the law requires that we conduct the Hearing and that the Officer put on his Evidence, and that the Board make a decision." Captain Glenn Tolleson began by providing his Testimony and stated, "This is Mr. Bruce Griffin's request and his Notice of the Hearing this evening." Captain Tolleson then noted, "Exhibit `WSRL 2' is the `A' frame which shows Mr. Griffin's vehicle beyond the stop bar." Captain Tolleson then stated, "`WSRL 3' is the `B' shot which shows the vehicle in the intersection and steady red." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 17 OF 24 An additional photograph depicting the license plate "L84 6AI" was then shown representing City's Exhibit "WSRL 4 followed by a video recording of the incident. "I MAKE A MOTION WE FIND THE RESPONDENT BRUCE D. GRIFFIN GUILTY OF FAILURE TO STOP AT A RED LIGHT ORDINANCE [NUMBER] 2008 -27 SECTION 12 -83. OF THE CITY CODE OF THE CITY OF WINTER SPRINGS." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CHAIRMAN WOOD POINTED OUT, "FOR THE RECORD THE RESPONDENT IS NOT PRESENT." VOTE: BOARD MEMBER KIRBY: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. PUBLIC HEARINGS NEW CASES 502.4 Code Enforcement Bureau Police Department CASE #1220900004238 Sara Rae Howeller 393 Terrace Drive Oviedo, Florida 32708 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson provided Chairman Wood the Exhibits and proceeded with a PowerPoint presentation. Captain Tolleson remarked, "On July 17 2009 the Violation recorded images were reviewed by Captain Chris Deisler, sworn Police Officer, City of Winter Springs and found that Probable Cause did exist to issue a Notice of Infraction." Continuing Captain Tolleson advised, "On August the 11 2009 American Traffic Solution received Ms. Howeller's request to contest the Infraction." Captain Tolleson presented a video and added, "The `A' frame, `WSRL 2' shows the vehicle in lane 3 and that the light is on steady red. `WSRL 3' shows the vehicle in the intersection on a steady red `WSRL 4' shows the license plate." Chairman Wood announced, "Let the Record reflect that the Respondent was not present." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 18 OF 24 "I MAKE A MOTION THAT WE FIND THE RESPONDENT SARA RAY HOWELLER GUILTY OF ORDINANCE 2008 -27 SECTION 12 -83. ADHERENCE TO STOPPING AT RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER KIRBY. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER ROERO: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. PUBLIC HEARINGS NEW CASES 502.5 Code Enforcement Bureau Police Department CASE #1220900004477 Gregory Allen Vaughn 109 Shady Oak Lane Oviedo, Florida 32765 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson presented Testimony on behalf of City of Winter Springs and provided a DVD as Evidence "WSRL 1 Captain Tolleson remarked, "On July 21 2009, the Violation recorded images were reviewed by myself, Captain Glenn Tolleson, sworn Police Officer of the City of Winter Springs and found that Probable Cause did exist to issue a Notice of Infraction." Continuing, Captain Tolleson added, "On August 11 2009, Mr. Vaughn's request was received by American Traffic Solutions requesting a Hearing I conducted that Administrative Hearing September the 8 2009 again reviewing all Evidence and recorded images and upon that re- review Probable Cause did exist and the Hearing was set for this evening, October the 20 2000 and 9 [2009]." Captain Tolleson then supplied a copy of the Affidavit and remarked, "But in this particular one, I want you to notice that he's not saying he wasn't the driver, he was saying the driver was required to Violate traffic control device, control signal to protect the property or persons of another." Next, Captain Tolleson then read a letter from Mr. Vaughn into the Record. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 19 OF 24 Captain Tolleson explained, "`WSRL 2' is the `A' frame shot that shows the vehicle and the steady red the `B' shot shows the vehicle in the intersection on steady red this is the Evidence Exhibit `WSRL 4' showing the tag and the video," Chairman Wood then stated, "Let the Record reflect that the Respondent was not present." "I WOULD LIKE TO MAKE A MOTION TO FIND GREGORY ALLEN VAUGHN GUILTY OF VIOLATING SECTION 12 -83. RUNNING A RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KIRBY: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. PUBLIC HEARINGS NEW CASES 502.9 Code Enforcement Bureau Police Department CASE #09- 0021013 Mauro And Linda Cassanelli 670 East State Road 434 Section 16 -57. (Illegal Sign) Date Of Service: Certified September 24, 2009 Inspector Jim Flannigan Inspector Flannigan provided a PowerPoint presentation with photos and stated, "This Violation was first observed by me on July 14, 2009. The property was Posted with a City Violation Notice and one (1) was mailed to the Property Owner. This business sign, `Tropical Illusions', was installed without a Permit, the business is now closed and has been for over six (6) months. The property failed Re- Inspection on August 25 2009, September 27 2009, and October 10 2009." Continuing, Inspector Flannigan added, "The Certified mail was returned three (3) times that it was sent Certified Mail, they were all returned the property was Posted on October 10 2009 by myself with Notice of the Code [Enforcement] Board Meeting for this evening. The property is still in Non Compliance we are asking for Finding of Fact and Relief [Order]." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 20 OF 24 Inspector Flannigan then provided photographic Evidence of the sign. Discussion. "I WOULD LIKE TO MAKE A MOTION, PAGE 5, FINDING OF FACT." MOTION BY CHAIRMAN WOOD. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. "THE CITY OF WINTER SPRINGS VERSUS MAURO AND LINDA CASSANELLI, CASE NUMBER 09- 0021013. 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: 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 SECTION 16 -57. ILLEGAL SIGN OF THE CITY CODE EXISTED. 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 THIS 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 RESPONDENT'S PROPERTY. THEREFORE, I MOVE THAT THIS BOARD FIND THAT MAURO AND LINDA CASSANELLI, (CASE NUMBER 09- 0021013) HAVE VIOLATED SECTION 16- 57. ILLEGAL SIGN OF THE CITY CODE AND A JUDGMENT 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 BY DEPUTY CITY CLERK BROWN. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 21 OF 24 INSPECTOR FLANNIGAN ADDED, "TO MAKE A RECOMMENDATION OF THIS REMOVAL OF THE SIGN, BECAUSE WE CANNOT GET A HOLD OF THE OWNERS." CHAIRMAN WOOD ASKED, "YOU ARE MAKING A RECOMMENDATION INSPECTOR FLANNIGAN REPLIED, "MY RECOMMENDATION IS TO JUST ALLOW US TO REMOVE THE SIGN." VOTE: BOARD MEMBER GILTZ: AYE CHAIRMAN WOOD: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER KIRBY: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. Discussion. Tape 2 /Side B Further discussion ensued on the removal of the sign and fine(s) associated with the Violation. Attorney Latorre asked, "What is your opinion as far as a hurricane, tropical storm coming through? Do you think the sign would become a projectile Inspector Flannigan replied, "I think it could be just due to the fact it is plywood; it will splinter, it could go anywhere and I don't know how deep it is into the ground." "I WILL MAKE THE MOTION, THAT WE GO AHEAD AND REMOVE THE SIGN IMMEDIATELY [PAGE] 11, THAT THE MOTION THE VIOLATION IS FOUND TO HAVE EXISTED, AS OF THIS HEARING AND THAT THE MOTION WOULD BE TO REMOVE THE SIGN AND ASSESS THE FIVE HUNDRED DOLLAR ($500.00) PENALTY FOR THE VIOLATION." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. BOARD MEMBER CRENSHAW ADDED, "THE CITY [OF WINTER SPRINGS] WILL REMOVE." CHAIRMAN WOOD REMARKED, "MAURO AND LINDA CASSANELLI WERE NOT PRESENT THIS EVENING." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 22 OF 24 RELIEF ORDER: "THE CITY OF WINTER SPRINGS VERSUS MAURO AND LINDA CASSANELLI, CASE NUMBER 09- 0021013 HAVING BEEN FOUND `GUILTY' FOR VIOLATING SECTION 16 -57. ILLEGAL SIGN OF THE CITY CODE, I MOVE THAT THE CITY OF WINTER SPRINGS REMOVE THE SIGN IMMEDIATELY TO CORRECT THIS VIOLATION OF THE CITY CODE. THE BOARD WILL IMPOSE A FINE OF A FLAT FIVE HUNDRED DOLLARS ($500.00) BY THE CODE ENFORCEMENT BOARD FOR THE CITY OF WINTER SPRINGS. I ALSO MOVE THAT THE CLERK OF THE CODE ENFORCEMENT BOARD BE ORDERED TO RECORD A CERTIFIED COPY OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA." FULL READING BY DEPUTY CLERK BROWN. VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER KIRBY: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. PUBLIC HEARINGS NEW CASES 502.11 Code Enforcement Bureau Police Department CASE #09- 0021072 Steven J. And Cheryl S. Gray Life Est. (Gray Living Trust) 100 North Fairfax Avenue Section 6 -195. (Fence In Disrepair) Date Of Service: Certified Proof Of Delivery September 23, 2009 Inspector Jim Flannigan This Agenda Item was not brought to the Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 23 OF 24 PUBLIC HEARINGS NEW CASES 502.12 Code Enforcement Bureau Police Department CASE #09- 0021172 Diane Salutare 684 Fortrose Drive Section 13 -2. (Trash And Debris) Date Of Service: Certified September 24, 2009 Inspector Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS NEW CASES 502.13 Code Enforcement Bureau Police Department CASE #09- 0021287 Gary W. And Georgia S. Coffman 181 North Devon Avenue Section 13 -2. (Trash And Debris) Date Of Service: Certified Proof of Delivery September 24, 2009 Inspector Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS NEW CASES 502.14 Code Enforcement Bureau Police Department CASE #09- 0021313 Heather Rossell 113 South Cortez Avenue Section 12 -53. (Disabled And Unlicensed Vehicle) Date Of Service: Certified Proof Of Delivery September 23, 2009 Inspector Jim Flannigan This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS AGENDA NON COMPLIANCE CASES PUBLIC HEARINGS NON COMPLIANCE CASES 503.1 Not Used. REGULAR AGENDA REGULAR 600. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING OCTOBER 20, 2009 PAGE 24 OF 24 In other City business, Board Member Kirby said, "I have to regretfully announce tonight that I will be resigning from the Board officially I will no longer be a Winter Springs resident. I would like to submit my letter of resignation." The Code Enforcement Board commended Board Member Kirby's dedication and thanked him for his service and recognized Assistant City Attorney Latorre for providing Legal Counsel and added that it was great to have her presence at the Meeting. ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 9:33 p.m. RESPECTFULLY SUBMITTED: GAYLE COUTANT, ASSISTANT TO THE CITY CLERK AND JOAN L. BROWN DEPUTY CITY CLERK NOTE: These Minutes were approved at the November 17, 2009 Code Enforcement Board Regular Meeting.