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HomeMy WebLinkAbout2010 05 18 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MAY 18, 2010 CALL TO ORDER The Regular Meeting of Tuesday, May 18, 2010 of the Code Enforcement Board was called to Order by Chairman Laura -Leigh Wood at 7:00 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Laura -Leigh Wood, present Vice Chairman James B. Pitts, present Board Member Dick Crenshaw, absent Board Member Hugh Fisher, present Board Member Carole Giltz, present Board Member Gregory Roero, arrived at 7:19 p.m. Board Member Leah Weisman, present Alternate Board Member #1, Arsenio Calle, present Alternate Board Member #2, Robert Henderson, present Assistant City Attorney Kate Latorre, present Chairman Wood announced, "We have Board Member Crenshaw who is absent and unexcused this evening." Chairman Wood then explained the Voting procedures. Next, Chairman Wood asked for a moment of silence and led the Pledge of Allegiance. Continuing, Chairman Wood inquired if there were any "Agenda Changes ". Deputy City Clerk Joan Brown reported, "We will be hearing (Public Hearings) Agenda Items `502.1', `502.2', `502.3', `502.4', `502.5', `502.7' and `502.8'." Deputy City Clerk Brown swore in the Winter Springs Code Enforcement Inspectors and those who may be providing Testimony during the presentation of the Cases. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY18, 2010 PAGE 2 OF 15 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The April 20, 2010 Regular Meeting Minutes. Chairman Wood asked, "Do I have a Motion for the Approval of the Minutes from last month, April 20 2010 ?" "I SO MOVE." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER FISHER. DISCUSSION. VOTE: VICE CHAIRMAN PITTS: AYE CHAIRMAN WOOD: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER FISHER: AYE BOARD MEMEBER WEISMAN: AYE ALTERNATE BOARD MEMBER CALLE: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE MOTION CARRIED. ❖ AGENDA NOTE: "PUBLIC INPUT" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE DOCUMENT AS DOCUMENTED. ❖ ❖ PUBLIC INPUT No one spoke. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney — Kate Latorre, Assistant City Attorney No Report. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 18, 2010 PAGE 3 OF 15 REPORTS 401. Code Enforcement Bureau No Report. REPORTS 402. Office Of The City Clerk Deputy City Clerk Brown addressed the Board and stated, "As far as the Appreciation Dinner — on June 25 [2010] at 7:00 p.m., if you could please RSVP as soon as possible — we would appreciate it. Thank you." REPORTS 403. Code Enforcement Chair No Report. REPORTS 404. Code Enforcement Vice Chair No Report. REPORTS 405. 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. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY18, 2010 PAGE 4 OF 15 PUBLIC HEARINGS AGENDA — NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Bureau — Police Department CASE #1221000004110 Albert Elsworth Ford Or Jodi L. Zirkelbach 1420 Oberlin Terrace Lake Mary, Florida 32746 -3975 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Glenn Tolleson, Code Enforcement Bureau, Police Department announced, "Mr. Ford has asked for a Continuance until next month and that would take a Motion from this Board." Chairman Wood invited the Board to Motion for a Continuance. "SO MOVED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER FISHER. DISCUSSION. VOTE: ALTERNATE BOARD MEMBER CALLE : AYE CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER FISHER: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #1221000004359 Larry Samuel McCracken 722 Seneca Meadows Road Winter Springs, Florida 32708 -4722 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson announced he would be presenting on behalf of the City of Winter Springs and entered into Evidence "WS 1 ". Next, Captain Tolleson read the incident report and stated, "On February the 7 2010 at 10:09 a.m., at the intersection of the east bound lane 3 State Road 434 and Winding Hollow (Boulevard), a blue Jeep, Florida Registration 174 HFF passed through the intersection on a steady Red Light, captured by video recording Traffic Control Equipment and was in Violation of Section 12 -83." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY18, 2010 PAGE 5 OF 15 Continuing, Captain Tolleson mentioned, "On February the 12 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 February the 16 2010 to the registered owner Larry Samuel McCracken." Following this review, American Traffic Solutions received Ms. Brenda McCracken's request to Contest the Infraction on March 3, 2010 and an Administrative Review of all the Evidence and the Infraction was set for March 30, 2010. Captain Tolleson then stated, "Upon re- review Probable Cause did exist and a Hearing was set for May 18th, 2010." Captain Tolleson then reported, "This is Winter Springs, `WSRL 2' which is our `A' frame shot, which shows the vehicle beyond the stop bar on a — steady Red (Light), 0.8 seconds in lane 3. This is `WSRL 3', which is the `B' frame, which shows the same vehicle in the intersection on a steady Red (Light). This is `WSRL 4' which shows the license plate." A recorded video on this Case was then shown to those in attendance. Next, a photograph of the "Photo Enforced" sign was displayed, followed by "WSRL 5 ", the "Camera Log Report" depicting signs were posted and that an operational test was conducted. Captain Tolleson then mentioned, "This is `WSRL 6', which is our `Violation of Evidence Report', it shows the Violation date, the location, (license) plate, the model and year of the vehicle and the registered owner is Mr. Larry Samuel McCracken." Last, Evidence "WSRL 7 ", "Notes" pertaining to the Case was displayed. Ms. Brenda McCracken, 722 Seneca Meadows Road, Winter Springs, Florida: stated "He is my ex- husband." Ms. McCracken then asked, "Do they ticket the car or do they ticket the driver ?" Captain Tolleson replied, "It would be the registered owner of the vehicle." Ms. McCracken continued by saying, "He does not live at that address, I don't know where he lives." Captain Tolleson then stated, "It still goes to the registered party." Chairman Wood inquired, "Did you receive the Notice in the mail? Do you live at this address ?" Ms. McCracken responded, "Yes, I do." Ms. McCracken then admitted, "He owned that vehicle. I made car payments. I was driving. Apparently, I did go through the Red Light and for that I apologize." Assistant City Attorney Kate Latorre stated, "The Violation runs with the — name — that the vehicle is registered in. If you pay the Fine and if the Board finds that you were in Violation and you pay the Fine, it's a done deal." Vice Chairman James B. Pitts commented, "You were also doing sixty -eight (68) miles per hour." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 18, 2010 PAGE 6 OF 15 "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 THE RED LIGHT TRAFFIC CONTROL SIGNALS." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER FISHER. DISCUSSION. VOTE: BOARD MEMEBER WEISMAN: AYE BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS : AYE ALTERNATE BOARD MEMBER CALLE: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau — Police Department CASE #1221000005174 Alina Puerta 349 San Miguel Street Winter Springs, Florida 32708 -2577 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Board Member Gregory Roero arrived at 7:19 p.m. Chairman Wood announced, "Before we begin, Captain Tolleson, Board Member Roero is here, so, Alternate Board Member Henderson, you will not be in a Voting capacity, but you still of course will be able to ask questions." Captain Tolleson began his Testimony and stated, "On February the 14 2010 at 12:25 a.m., at the intersection of the east bound lane 3 State Road 434 and Winding Hollow (Boulevard), a white Ford, Florida Registration D08 6NC passed through the intersection on a steady Red Light, captured by video recording Traffic Control Equipment and was in Violation of (Section) 12 -83." It was then explained to the Board, that Captain Tolleson reviewed the Violation recorded images and he found that Probable Cause did exist to issue a Notice of Infraction on February 17, 2010 to the registered owner Ms. Alina Puerta. Continuing, Captain Tolleson then remarked, "On March 1 1 th , 2010 American Traffic Solutions received Ms. Puerta's request to Contest the Infraction and a Hearing to the Code Enforcement Board as prescribed in Section 12 -89. of the City Code." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY18, 2010 PAGE 7 OF 15 Following the receipt of Ms. Puerta' s Contest, the system scheduled an Administrative review on April 5, 2010 which was conducted by Captain Glenn Tolleson who found Probable Cause did exist and a Hearing was set for May 18, 2010. Captain Tolleson then displayed "WSRL 2 ", the "A" frame providing a photograph of the vehicle in lane 3 on a steady Red Light. Next, "WSRL 3" was displayed followed by "WSRL 4" illustrating the license plate. The video recording of this Violation was then shown. Next, Captain Tolleson explained, "This is the sign that it is posted, that it's `Photo Enforced'. This is WSRL 5' which shows signs were posted; operational test was conducted on February the 14 2010 at 12:00 am. The Violation was on the fourteenth at 12:26 a.m." Next, "WSRL 6 ", entitled "Violation Evidence Report" and "WSRL 7" listing "Notes" pertaining to this Case were then discussed. It was noted that the Respondent was not present for the Hearing. "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 CONTROLS." MOTION BY BOARD MEMBER FISHER. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMEBER WEISMAN: AYE VICE CHAIRMAN PITTS: AYE ALTERNATE BOARD MEMBER CALLE: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Bureau — Police Department CASE #1221000005315 Dale L. And Elizabeth Tippens Blundell 111 Prince Place Sanford, Florida 32771 -7770 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson presented this Case to the Board and provided the history of the Violation which took place on February 15, 2010 at the intersection of State Road 434 and Winding Hollow Boulevard. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — MAY 18, 2010 PAGE 8 OF 15 Next, Captain Tolleson reported, "On February the 22 2010, the Violation recorded images were reviewed by myself, a sworn Police Officer with the City of Winter Springs and found that Probable Cause did exist to issue a Notice of Infraction. That Infraction was issued on February the 23` 2010 to the registered owner Dale L. and Elizabeth Tippens Blundell." Details relating to American Traffic Solutions receiving Ms. Blundell's request to Contest the Infraction was then discussed. Captain Tolleson remarked, "On April the 2 2010, I conducted that (Administrative) Review and re- reviewed the recorded images as well as all the Evidence and found that Probable Cause did exist and a Hearing set for this evening, May the 18 2010." Following, Captain Tolleson then described, "This is `WSRL 2' which shows the vehicle in lane 2, which would be the white Volkswagen with a red time of seven tenths (7/10) of a second. This is `WSRL 3' which is the `B' shot which shows the vehicle still in lane 2 and into the intersection on a steady Red (Light). This is `WSRL 4', which shows the license plate of the vehicle." A video of the recorded images for this Case was then viewed by those in attendance. Continuing Captain Tolleson displayed the "Photo Enforced" photograph, along with the "WSRL 5" entitled "Camera Log Report". The PowerPoint presentation concluded with "WSRL 6 ", the "Violation Evidence Report" and "WSRL 7 ", defining "Notes" associated with this Case. Ms. Elizabeth Tippens Blundell, 111 Prince Place, Sanford, Florida: addressed the Board, "I was following behind a Seminole County School bus at a safe distance and at a safe speed. Even though that was the case, my vision was obstructed by the school bus going through the intersection." The video was viewed again. Discussion. "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THIS HEARING, I MOVE THAT THE RESPONDENT BE FOUND IN VIOLATION OF SECTION 12 -83., ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY18, 2010 PAGE 9 OF 15 VOTE: BOARD MEMBER WEISMAN: AYE BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS : AYE ALTERNATE BOARD MEMBER CALLE: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Bureau — Police Department CASE #1221000002817 Maria Derose Loffredo 108 Goldenrain Cove Winter Springs, Florida 32708 -6405 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson pointed out that Chairman Wood already had "WS -1 ", the CD containing the Evidence for this Case and all the Cases being presented and continued by stating, "On January the 27 2010 at 8:30 p.m., at the intersection of the east bound lane 3 State Road 434 and Vistawilla Drive, a silver Jeep, Florida Registration W14 7QI passed through the intersection on a steady Red (Light) while making a right turn, captured by video recording Traffic Control Equipment and was in Violation of Section 12 -83." Next, Captain Tolleson explained, "On February the 1 2010, the Violation recorded images were reviewed by myself, a sworn Police Officer with the City of Winter Springs and found that Probable Cause did exist to issue a Notice of Infraction. That Infraction was issued on February 2, 2010 to the registered owner Ms. Loffredo." Further Testimony provided the Respondent's request that was received on February 24, 2010 by American Traffic Solutions to Contest the Infraction and Captain Tolleson's Administrative re- review conducted on March 19, 2010, in which he found that Probable Cause did exist. More details were presented as "WSRL 2 ", the "A" frame which showed the vehicle in lane 3 and "WSRL 3 ", the "B" frame. Continuing Captain Tolleson stated, "This is ` WSRL 4' which shows the vehicle license plate and this is the recorded video." The "Photo Enforced" sign was displayed next and Captain Tolleson noted, "This is `WSRL 5', which shows that the signs were posted, deployment operational test for 1/27/2010 at 12:00 a.m." Then, "WSRL 6 ", the "Violation Evidence Report" and "WSRL 7" along with "WSRL 8" both containing "Notes" for this Case were presented. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY18, 2010 PAGE 10 OF 15 Ms. Maria Derose Loffredo, 108 Goldenrain Cove, Winter Springs, Florida: remarked to the Board, "I came to the intersection and I really thought that I had stopped." Discussion ensued regarding driving records. "BASED ON THE TESTIMONY AND EVIDENCE PRESENTED AT THIS HEARING, I MOVE THAT THE RESPONDENT BE FOUND IN VIOLATION OF SECTION 12 -83., ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS : AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Bureau — Police Department CASE #1221000005398 Karl Robert Lewin 754 Sybilwood Circle Winter Springs, Florida 32708 -3735 Section 12 -83. (Adherence To Red Light Traffic Control Signal) This Agenda Item was not brought to the Hearing. PUBLIC HEARINGS - NEW CASES 502.7 Code Enforcement Bureau — Police Department CASE #1221000005620 Nanci Ann Hubsch 103 Thunberg Cove Winter Springs, Florida 32708 -8311 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson presented this Agenda Item and provided the history regarding the incident at the intersection of the east bound lane 3 State Road 434 and Winding Hollow Boulevard. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — MAY 18, 2010 PAGE 11 OF 15 Captain Tolleson then indicated that he reviewed the recorded images and found that Probable Cause did exist to issue a Notice of Infraction to the registered owner Ms. Nanci Hubsch on February 25, 2010. Next, Captain Tolleson mentioned, "On March the 16 2010 American Traffic Solutions received Ms. Hubsch's request to Contest the Infraction and a Hearing to the Code Enforcement Board as prescribed in Section 12 -89. of the City Code. T he system required and scheduled an Administrative Review of all Evidence and the Infraction which was set for April 12, 2010." After this review Captain Tolleson found that Probable Cause did exist and Hearing was set for May 18, 2010. Following, Captain Tolleson then proceeded with Evidence "WSRL 2" and "WSRL 3" depicting the "A" and "B" frames of the vehicle. "WSRL 4 ", the license plate photograph was shown next then a video relating to this Case was viewed by everyone present. Tape 1 /Side B The "Photo Enforced" sign was then displayed along with "WSRL 5" the "Camera Log Report". Next, Captain Tolleson provided additional slides stating, "This is City's Evidence `WSRL 6' which shows the Violation date and time." Finally, the "Notes" associated with this Case, "WSRL 7" was shown. The Respondent was not present at this Hearing. "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 RED LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER ROERO. SECONDED BY VICE CHAIRMAN PITTS. DISCUSSION. VOTE: BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE ALTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY18, 2010 PAGE 12 OF 15 PUBLIC HEARINGS - NEW CASES 502.8 Code Enforcement Bureau — Police Department CASE #1221000007436 Pradipkumar Ramanlal 100 Saint Johns Landing Drive Winter Springs, Florida 32708 -6500 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Tolleson remarked, "I will be representing the City and `WS 1' CD will be part of this Case," and continued by stating, "On March the 5 2010 at 10:30 a.m., at the intersection of the east bound lane 2 State Road 434 and Winding Hollow Boulevard, a white Lexus, Florida Registration M82 3DC passed through the intersection on a steady Red Light, captured by video recording Traffic Control Equipment and was in Violation of Section 12 -83. On March the 9 2010, the Violation recorded images were reviewed by myself, 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 March the 10 2010 to the registered owner Mr. Pradipkumar Ramanlal." Next, Captain Tolleson presented details relating to American Traffic Solutions receiving the Respondent's request to Contest the Infraction and information on the Administrative Review that was conducted on April 19, 2010. Captain Tolleson then noted, "Upon re- review Probable Cause did exist and the Hearing was set for this evening." Following, "WSRL 2" the "A" frame and "WSRL 3" the "B" frame were displayed showing the vehicle in the intersection on a steady Red Light. Captain Tolleson then commented, "This is WSRL 4' which shows the license plate of the vehicle. This is the recorded image." Additionally, the photograph of the "Photo Enforced" signage was exhibited and Captain Tolleson remarked, "This is City's Evidence `WSRL 5', which shows the signs were posted, the deployment date 3/05/2010, 12:00 a.m. and passed the operational test, Violation date at 10:30 (a.m.) and deployment end; operational test which passed which shows the same date at 11:59 (p.m.)." Next, "WSRL 6" the "Violation Evidence Report" was shown along with "WSRL 7 ", Evidence "Notes" were reviewed. Mr. Pradipkumar Ramanlal, 100 Saint Johns Landing Drive, Winter Springs, Florida: "I would like to present two (2) pieces of Evidence, but before I do, could I ask the Officer a couple of questions ?" Chairman Wood replied, "Of course." Mr. Ramanlal inquired about the red time light, yellow light time and speed limit within the intersection, in which Chairman Wood asked Captain Tolleson to respond. The Respondent then declared his Evidence was his research he completed on yellow light stop time. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING- MAYI8, 2010 PAGE 13 OF 15 Chairman Wood inquired about Code Amendment procedure in which Assistant City Attorney Kate Latorre replied, "He could go to City Commission Meetings and seek a Code Amendment in front of the Commission or contact a member of the Staff to approach the subject with the City Commission. Ultimately, the Commission makes the decision whether to Amend the Code or not." Discussion ensued regarding stopping safely. Chairman Wood noted, "I cannot judge whether or not you made a reasonable decision," continuing she then said, "All we can do is state whether or not we feel if you were in Violation. That's what we base it on." Attorney Latorre restated how the Respondent could request a Code Amendment and then mentioned, "This Board doesn't have any authority over the Code. They have to enforce the Code that they have in front of them, which is what Chairman Wood is explaining, the Citation tonight, `Was the Red Light run by your vehicle, yes or no ?'. It's very black and white. There is not a lot of room for discretion the way that the Code is written and the way the Board has to enforce the Code." Mr. Ramanlal then asked Attorney Latorre, "How does the Board within the context of the Code, view the State Law with respect to the safety decision that the driver has to make within the context of the amber light ?" Attorney Latorre replied, "The Code Citation for running the Red Light is very similar to the Citation in the State Law, that it very generally paraphrasing that a complete stop must happen at a Red Light and if there is no complete stop and you proceed through the intersection, that's what constitutes the Violation." "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 LIGHT TRAFFIC CONTROL SIGNAL." MOTION BY BOARD MEMBER ROERO. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VOTE: BOARD MEMBER FISHER: AYE CHAIRMAN WOOD: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER GILTZ: AYE VICE CHAIRMAN PITTS : AYE BOARD MEMBER CALLE: AYE BOARD MEMEBER WEISMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY18, 2010 PAGE 14 OF 15 PUBLIC HEARINGS - NEW CASES 502.9 Code Enforcement Bureau — Police Department CASE #10- 0022002 Hess Realty Corp 3271 North US Highway 17 -92 Winter Springs, Florida 32708 Section 13 -2. (Trash And Debris) Date Of Service: Certified — Proof of Delivery April 26, 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. REGULAR AGENDA REGULAR 600. Not Used. In other business, Board Member Hugh Fisher asked, "Are we going to get a briefing at some point on the impact of the new State Law on Red Light cameras ?" Attorney Latorre responded, "The Governor signed the new Red Light Legislation into Law last week. It goes into effect July 1 [2010]. There will be some procedural changes implemented consistent with the State Law which now sets forth the procedures that cities must follow. The Law doesn't revoke the City's right to regulate the intersections with Red Light cameras, we just have to do it consistent with the State Law effective July 1 [2010]. So, right now my office is working with City Staff and the ATS (American Traffic Solution) Contractor to work on the Code modification, the procedure modifications that are going to have to be brought forward. I anticipate next month, I will be able to give you a more detailed update." Attorney Latorre then added, "There will be significant changes." Vice Chairman James B. Pitts commented, "Under the circumstance of the new State provisions, there is a gray area as it relates to right turn on red. Is that going to have any impact on what we have already ruled on for the last two (2) or three (3) months ?" Captain Tolleson stated, "No." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — MAY18, 2010 PAGE 15 OF 15 ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 8:07 p.m. RESPECTFULLY SUBMITTED: GAYLE COUTANT, ASSISTANT TO THE CITY CLERK AND • . AL- = �, ROWN EErt,LTY l Y CLERK ' y f t NOTE: These Minutes were approved at the June 15, 2010 Code Enforcement Board Regular Meeting.