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Home My WebLink About2010 08 17 Code Enforcement Board Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING AUGUST 17, 2010 CALL TO ORDER The Regular Meeting of Tuesday, August 17, 2010 of the Code Enforcement Board was called to Order by Chairman Laura -Leigh Wood at 7:01 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 Board Member Dick Crenshaw, present Board Member Barbara Croswell, present Board Member Hugh Fisher, present Board Member Carole Giltz, present Board Member Tony Ingria, present Board Member Leah Weisman, present Attorney Kate Latorre, present Chairman Wood stated, "Let the Record reflect no absences. We do want to welcome Board Member - Tony Ingria and Board Member Barbara Croswell this evening." Following, Chairman Wood asked for a moment of silence which was followed by the Pledge of Allegiance. ❖ ❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED FIRST, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. ❖ ❖ REGULAR AGENDA REGULAR 600. Office Of The City Clerk Requesting An Election Of Vice Chairman Be Held For The Remainder Of 2010. CHAIRMAN WOOD ANNOUNCED, "WE ARE GOING TO CHANGE THE AGENDA AND WE ARE GOING TO NOW ASK FOR NOMINATIONS FOR VICE CHAIR THIS EVENING. I WOULD LIKE TO NOMINATE BOARD MEMBER (HUGH) FISHER AS VICE CHAIR(MAN). ARE THERE ANY OTHER NOMINATIONS ?" MOTION BY CHAIRMAN WOOD. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 17, 2010 PAGE 2 OF 9 Note: No other nominations were voiced. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER FISHER: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER INGRIA: AYE CHAIRMAN WOOD: AYE BOARD MEMBER CROSWELL: AYE MOTION CARRIED. Chairman Wood remarked, "Vice Chair(man) Fisher, we will take that as an acceptance by you Voting." Vice Chairman Hugh Fisher commented, "I am honored to be in the place of Mr. Pitts." Continuing, Chairman Wood inquired if there were any "Agenda Changes ". Assistant to the City Clerk Gayle Coutant reported, "We will only be hearing Public Hearings Agenda Item `502.2'." Assistant to the City Clerk Coutant swore in the Winter Springs Code Enforcement Inspectors and those who may be providing Testimony during the presentation of the Cases. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The July 20, 2010 Code Enforcement Board Regular Meeting Minutes. Chairman Wood asked, "Any Motions for us to accept the Minutes from last month's Meeting, the 20 of July, 2010 ?" "I MOVE THAT THEY BE ACCEPTED." MOTION BY VICE CHAIRMAN FISHER. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 17, 2010 PAGE 3 OF 9 VOTE: BOARD MEMBER GILTZ: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER INGRIA: AYE CHAIRMAN WOOD: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. ❖ ❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. ❖ ❖ PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 500.1 Not Used. PUBLIC HEARINGS AGENDA — REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 501.1 Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 17, 2010 PAGE 4 OF 9 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Bureau — Police Department CASE #1221000011883 Matthew S. Morrison 452 Cypress Court Geneva, Florida 32732 -8979 Section 12 -83. (Adherence To Red Light Traffic Control Signal) This Agenda Item was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #1221000015231 Chester Vance Beauchamp 4513 West Main Street Mims, Florida 32754 -5404 Section 12 -83. (Adherence To Red Light Traffic Control Signal) Captain Glenn Tolleson, Code Enforcement Bureau, Police Department announced he would be presenting the Case for the City and when Chairman Wood inquired about Evidence, he responded, "The disc will be Winter Springs Red Light 1 (WSRL 1)." Captain Tolleson then provided Testimony and stated, "On May the 25 2010 at 1:09 p.m., at the intersection of the east bound lane 3, State Road 434 and Winding Hollow Boulevard, a red Toyota, Florida Registration X29 7XM passed through the intersection on a steady Red Light captured by video recording Traffic Control Equipment and was in Violation of Section 12 -83." Following, Captain Tolleson explained that he reviewed the Violation's recorded images on June 2, 2010 and found that Probable Cause did exist to issue a Notice of Infraction. Captain Tolleson then reported that the Infraction was issued on June 3, 2010 to the registered owner Chester Vance Beauchamp. Continuing, Captain Tolleson stated, "On June the 23 2010 American Traffic Solutions (ATS) received the 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 of all Evidence and the Infraction, that was set for July the 9 2010. On July the 9 2010 that Administrative Review was conducted by myself of all the Evidence recorded images and upon re- review Probable Cause did exist and a Hearing set for tonight August 17 2010." The PowerPoint presentation was continued and next displayed was "WSRL 2 ", the "A" frame, followed by "WSRL 3 ", the "B" frame which exhibited the vehicle in the intersection with a red time at one point four (1.4) seconds. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 17, 2010 PAGE 5 OF 9 Next, City's Evidence "WSRL 4" the vehicle's license plate was viewed followed by the video relating to this Case. After the recorded images were shown again, a photograph of "Photo Enforced" sign was presented. Then, Captain Tolleson announced, "This is City's Evidence `WSRL 5' which shows that the signs were posted, operational test was conducted at the start of the day and at the end of the day and there were no failures or malfunctions. This is `WSRL 6' which shows the Violation information, our Evidence log." Lastly, "WSRL 7" was presented which showed the "Notes" pertaining to this Case. Mr. Chester Vance Beauchamp, 4513 West Main Street, Mims, Florida: commented to the Board, "I am aware of the Red Light, but I do not think it was me in the car." Chairman Wood addressed the Respondent and said, "Mr. Beauchamp, is it true for me to make a statement that says something like, `You are here to defend yourself because you don't want any points against you..." Mr. Beauchamp responded, "...I am not disagreeing with what's going on up there (pointing to the PowerPoint presentation screen). That's as clear as can be. But, I haven't had a ticket. I don't wish to have a ticket and I wouldn't run a Red Light." Next, Chairman Wood asked Captain Tolleson to explain the Code Violation. Captain Tolleson responded, "You are not allowed to transfer liability to the person, even if you knew who it was." Chairman Wood remarked, "There are no points against your license at all." Chairman Wood asked Attorney Kate Latorre to explain the City Ordinance. Attorney Latorre clarified, "They have to look at the Evidence of the Violation here tonight and determine whether a Violation occurred or not; and that to Objecting the Ordinance, the Board has no control over the Ordinance and this is not the form to Object to the Ordinance. But just to clarify also that this Citation is more like a Code Enforcement Citation and nothing like a moving Violation. So it will have no ramifications on your driver's license." The Respondent continued discussion with his disagreement of the Ordinance and cost of the Fine. Further discussion. Next discussion ensued on driver identity. Captain Tolleson then noted, "The Ordinance doesn't allow us to photograph the operator of the vehicle, only the rear image of the vehicle and the new State Law has the same requirements." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 17, 2010 PAGE 6 OF 9 "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 VICE CHAIRMAN FISHER. DISCUSSION. VOTE: CHAIRMAN WOOD: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. Further discussion ensued on payment of the Fine and the timing of the lights. Captain Tolleson mentioned, "As of July 1, [2010], they are now all mandated in and preempted to the State of Florida. So, it's actually a Violation of State Traffic Code 3.16. now." Discussion continued by the Respondent regarding the Ordinance. PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau — Police Department CASE #10- 0022825 Joseph G. Deas 166 Lori Anne Lane Winter Springs, Florida 32708 -2566 Section 12 -53. (Unlicensed Motor Vehicle) Date Of Service: Certified — Proof Of Delivery July 30, 2010 Inspector — Jim Flannigan This Agenda Item was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 17, 2010 PAGE 7 OF 9 PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Bureau — Police Department CASE #10- 0022827 Joseph G. Deas 181 Lori Anne Lane Winter Springs, Florida 32708 -2566 Section 13 -2. (Trash And Debris) Date Of Service: Certified — Proof Of Delivery July 30, 2010 Inspector — Jim Flannigan This Agenda Item was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Bureau — Police Department CASE #10- 0022890 Flagstar Bank 208 Panorama Drive Winter Springs, Florida 32708 -3355 Section 12 -53. (Disabled And Unlicensed Motor Vehicle) Date Of Service: Certified — Proof Of Delivery August 3, 2010 Inspector — Jim Flannigan This Agenda Item was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Bureau — Police Department CASE #10- 0023077 Joseph G. Deas 180 Lori Anne Lane Winter Springs, Florida 32708 -2566 Section 20 -411. And Section 20 -434. (Trailer) Date Of Service: Certified — Proof Of Delivery July 30, 2010 Inspector — Jim Flannigan This Agenda Item was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - AUGUST 17, 2010 PAGE 8 OF 9 PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS - NON - COMPLIANCE CASES 503.1 Code Enforcement Bureau — Police Department CASE #09- 0020839 Louis E. Garcia 201 North Devon Avenue Winter Springs, Florida 32708 -2518 Section 13 -2. (Trash And Debris) Date Of Service: Certified — July 23, 2010 Inspector — Wayne Wagner This Agenda Item was not brought to this Hearing. ❖ ❖ AGENDA NOTE: THE FOLLOWING WAS ADDRESSED NEXT, IN THE ORDER DOCUMENTED. ❖ •S REPORTS REPORTS 400. Office Of The City Attorney No Report. REPORTS 401. Code Enforcement Bureau Captain Glenn Tolleson announced in relation to the Red Light Cases, "That was the last one (1) that we've heard under the Ordinance." Next, Captain Tolleson introduced Corporal Jim Flannigan and Inspector Butch West to the new Board Members. REPORTS 402. Office Of The City Clerk No Report. REPORTS 403. Code Enforcement Chairman Chairman Wood commented that former Vice Chairman Pitts will be missed; and again welcomed the new Board Members. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — AUGUST 17, 2010 PAGE 9 OF 9 REPORTS 404. Code Enforcement Board Members No Report. ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 7:31 p.m. RESPECTFULLY SUBMITTED: t at - -'GAY t?QUTANT '<AS.,SASTANT TO THE CITY CLERK NOTE: These Minutes were approved at the November 16, 2010 Code Enforcement Board Regular Meeting.