CE-Intersection Safety Minutes 09/23/2009
September 23, 2009
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
INTERSECTION SAFETY PROGRAM
Naples, Florida, September 23, 2009
LET IT BE REMEMBERED that the Collier County Special Magistrate
Intersection Safety Program, in and for the County of Collier, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION in Building
"F," 3rd floor, of the Government Complex, Naples, Florida, and the following
persons were present:
SPECIAL MAGISTRATE: Honorable Brenda Garretson
ALSO PRESENT: Jeff Wright, Assistant County Attorney
Jennifer Waldron, Code Enforcement Supervisor
Bob Tipton, Director, Traffic Operations
1
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
INTERSECTION SAFETY PROGRAM
AGENDA
DATE: September 23rd, 2009 at 9:00 A.M.
LOCATION: Collier County Government Center, 3301 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida 34112
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL
BE RESPONSIBLE FOR PROVIDING THIS RECORB.
I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
II. APPROVAL OF AGENDA
III. PUBLIC HEARINGS
A. Hearings
1. NOTICE NO: 1360900000099
OWNER: SCOTT ALAN TURNER
OFFICER: DAN SALLS
2. NOTICE NO: 1360900004471
OWNER: LINDA WETZEL
OFFICER: HAROLD MINCH
3. NOTICE NO: 1360900003481
OWNER: RICHARD EDWARD ARNOLD
OFFICER: MICHAEL PEABODY
4. NOTICE NO: 1360900001519
OWNER: KARL JOSEPH BUBLITZ
OFFICER: MICHAEL PEABODY
5. NOTICE NO: 1360900003176
OWNER: MARJORIE ANN BURNHAM
OFFICER: MICHAEL PEABODY
1
6. NOTICE NO: 1360900001014
OWNER: BRIAN JOSEPH KA TIN
OFFICER: MICHAEL PEABODY
7. NOTICE NO: 1360900001873
OWNER: KURT P. AND KRISTINA MARIE LENGEMANN
OFFICER: MICHAEL PEABODY
8. NOTICE NO: 1360900001345
OWNER: JOHNNY CLEO MC CARTER
OFFICER: MICHAEL PEABODY
9. NOTICE NO: 1360900003531
OWNER: GUILLERMO R ROSALES
OFFICER: MICHAEL PEABODY
10. NOTICE NO: 1360900001170
OWNER: JEANETTE T. SCHMITTHAUSLER
OFFICER: MICHAEL PEABODY
11. NOTICE NO: 1360900001196
OWNER: MARIE LOURDES ST ACO
OFFICER: MICHAEL PEABODY
IV. OLD BUSINESS
V. NEXT MEETING DATE: October 23rd, 2009 at 9:00 A.M. located at the Collier County Government Center, 3301 East
Tamiami Trail, Building F, 3rd Floor, Naples, Florida
VI. ADJOURN
2
September 23, 2009
I. CALL TO ORDER
The Hearing was called to order at 9:00 AM by the Honorable Special Magistrate
Brenda Garretson. All those testifying at the proceeding did so under oath.
A. Hearing Rules and Regulations were given by Special Magistrate Garretson.
Special Magistrate Garretson noted that, prior to conducting the Hearing, the
Respondents were given an opportunity to speak with their Investigating
Officer(s) and view the video recording; the goal is to obtain compliance without
being punitive.
RECESS: 9:10 AM
RECONVENED: 9:20 AM
II. APPROV AL OF AGENDA
Jennifer Waldron, Code Enforcement Supervisor, noted the following changes:
(a) Under Item III (A), "Hearings," the following cases were WITHDRAWN by the
County:
. Agenda #2, Notice #1360900004471- BCC vs. Linda Wetzel
. Agenda #3, Notice #1360900003481- BCC vs. Richard Edward Arnold
. Agenda #7, Casel Notice #1360900001873 -Kurt P. and Kristina Marie
Lengemann
. Agenda #9, Notice #1360900003531- BCC vs. Guillermo R. Rosales
. Agenda #11, Notice #1360900001196 - BCC vs. Marie Loudes Staco
(b) Under Item III (A), "Hearings," the following case was DISMISSED by the
County:
. Agenda #10, Notice #1360900001170 - BCC vs. Jeanette T. Schmitthausler
(c) Under Item III (A), "Hearings," the following case was ADDED to the Agenda:
. Agenda #12, Notice #1360900001378 - BCC vs. Shanta S. Gudur
The Special Magistrate approved the Agenda as amended, subject to changes made
during the course of the Hearing at the discretion of the Special Magistrate.
III. PUBLIC HEARINGS
A. Hearings:
1. Notice #1360900000099 - BCC vs. Scott Alan Turner
The Hearing was requested by the Respondent who was present and represented by
Attorney Mark Alderuccio.
The County was represented by Officer Dan Salls
2
September 23, 2009
The Respondent resides at 200 Foxden Circle.
Attorney Alderuccio presented a Pre-Hearing Argument:
. Attorney General's Opinion AG02005-41, issued in 2005, stated local
governments did not have the authority to issue Citations. (Attorney General
Charlie Crist)
0 "Provisions of the Uniform Traffic Code require Citations to be issued
when an officer observes the commission of a traffic infraction. . ."
0 "In order for Citations for violations of Traffic Control Laws to be
issued, the Statute requires the officer enforcing the law to personally
observe or have personal knowledge of the infraction..."
Attorney Alderuccio stated while Chapter 316 does not prohibit un-manned cameras,
or prohibit local governments from recording traffic violations, it does not give local
governments the authority to issue a Citation in that regard.
0 "In light of Chapter 316.007, no local authority shall enact or enforce an
Ordinance on a matter covered by this Chapter unless authorized ... "
He referenced the Attorney General's Opinion which stated there must be Legislative
changes to the Statute before local governments have the ability to issue Citations.
He noted the Statute has not been changed. No authority has given to local
governments to issue Citations that do not rest solely with an officer's observations.
The Special Magistrate stated Ordinance 2008-22, which determined the procedures
beingfollowed, was reviewed and approved by the County Attorney's Office or the
Board of County Commissioners would have been advised against approving the
Ordinance. While no representatives from the County Attorney's Office were
present at the Hearing, she stated the County Attorney's Office will be granted an
opportunity to present an argument.
Attorney Alderuccio objected to granting additional time to the County Attorney's
Office to respond because the Office had Notice of the Hearing. He asked the Special
Magistrate consider granting a Continuance in all cases where the Respondents were
present in order to make a decision on the legality of the Ordinance.
The Special Magistrate stated she would proceed with the Hearings and if a Ruling
was made, it could be set aside if the Ordinance was found not to be legal.
Supervisor Waldron stated the County Attorney's Office was sending a representative
to the Hearing.
The Special Magistrate ordered the case to be recalled upon arrival of the Assistant
County Attorney.
5. Notice #1360900003176 - BCC vs. Marjorie Ann Burnham
The Hearing was requested by the Respondent who was present.
The County was represented by Officer Michael Peabody.
3
September 23,2009
The Respondent resides at 318 Shipper Pine Lane, Naples, Florida 34108, and
confirmed receipt of the Notice of Citation and is the registered owner of the vehicle.
She stated she viewed the video and reviewed the photographs taken from the video.
She further stated she submitted a Declaration Affidavit on July 17, 2009.
The Respondent pled "Not Guilty" stating the photographs showed her car's brake
lights were "on" indicating she stopped twice before proceeding through the
intersection. She maintained she drove legally and should not have been issued a
ticket.
The Special Magistrate viewed the video.
The Offic.er stated the video showed the Respondent's vehicle paused at the "stop
bar," but did not come to a complete stop.
The Special Magistrate noted brake lights will activate when a car slows down and
the video indicated the Respondent's vehicle came to a "rolling stop," not a full stop.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to pay afine of$125.00 and an
administrativefee of $50. 00 on or before October 13,2009.
Total Amount Due: $175.00
The Respondent stated she will wait to request an "Extension of Time" to pay the fine
after a determination is made concerning the legality of the Ordinance.
Lt. Harold Minch explained the photographic evidence presented by the Collier
County Sherriff s Office by stating the video is a "real time" occurrence while the
still photographs (taken from the video) capture only a moment in time. For example,
a picture taken of an individual diving into a pool will show the individual suspended
in mid-air but in reality the action continued as the individual dove into the pool. He
further stated the photographs show where a vehicle was located at a moment in time,
but do not indicate whether the vehicle was stationary at the same point in time.
Assistant County Attorney Jeff Wright arrived at 9:50 AM
1. Notice #1360900000099 - BCC vs. Scott Alan Turner
The Hearing continued.
The County was represented by Assistant County Attorney Jeff Wright.
Assistant County Attorney Wright spoke with Attorney Alderuccio who provided a
copy of the Attorney General's Opinion, and noted the Respondent was challenging
the constitutionality of the Ordinance. He stated the County's position is the Rules of
the Special Magistrate specifically mandate the Special Magistrate does not have
jurisdiction to hear arguments related to the constitutionality ofthe U.S. Constitution.
Attorney Alderuccio responded while a constitutional issue may be involved, the
question in the case before the Special Magistrate concerned a matter oflaw. He
maintained if the Special Magistrate cannot rule on the constitutionality of the
4
September 23, 2009
Ordinance, the Special Magistrate should not hear cases based on the Ordinance,
render decisions and assess fines.
The Special Magistrate stated the position of Special Magistrate is quasi-judicial. If
there is an error in a law, any modification will be made by the Legislature. She
noted until there is a successful challenge to the Ordinance, it is deemed to be
constitutional. She further stated her role as Special Magistrate is to determine
whether the Ordinance, as currently written, has been violated and to assess a penalty.
Her Rulings on cases may be set aside in the event the Ordinance is amended.
Attorney Alderuccio was granted time to confer with his client before the Case
proceeded.
** Supervisor Waldron stated Agenda #6, Notice #1360900001014 - BCC vs.
Brian Joseph Katin was WITHDRA WN due to payment.
12. Notice #1360900001378 - BCC vs. Shanta S. Gudur
The Hearing was requested by the Respondent who was represented by her son,
Ramesh Gudur.
The County was represented by Officer Michael Peabody.
Mr. Gudur stated his mother died on June 10,2009 and introduced a copy ofthe
Florida Death Certificate which was marked as Respondent's Exhibit "A" and
admitted into evidence.
He further stated his mother's vehicle was leased, he was not the driver of the vehicle,
and did not know who drove it at the time of the violation.
The Special Magistrate DISMISSED the Citation.
1. Notice #1360900000099 - BCC vs. Scott Alan Turner
The Hearing continued.
The Respondent confirmed receipt of the Notice of Citation (issued on June 2,2009),
that he is the registered owner of the black Ford pick-up truck and had viewed the
video. The Respondent pled "Not Guilty. "
The Special Magistrate viewed the video.
Attorney Alderuccio stated the traffic signal at Pine Ridge and Airport remained red
even when a green turning arrow was actived. He explained the video showed the left
turn lane onto Pine Ridge westbound was activated as his client turned right. The
Respondent had no obligation to stop at the intersection because he was turning under
a green arrow.
County Traffic Engineer, Bob Tipton stated there was no overlap or conflicting
movement. He further stated he was not aware of any complaints of a glitch at that
location or any work orders.
5
September 23, 2009
Additional testimony was taken from Justin McDole from American Traffic
Solutions, the company who maintains the cameras.
The Respondent's attorney objected to the testimony citing bias and self-interest.
The Special Magistrate explained the Hearing was not a criminal case and the
standard of proof is a proponderance of evidence. She stated there was no evidence
presented of falsified documentation.
The Respondent maintained the video and photographs had been intentionally skewed
by the angle of the camera.
The Special Magistrate noted the burden of proof had been met and the issue before
her was public safety which is a serious concern.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to pay afine of $125. 00 and an
administrativefee of $50. 00 on or before October 13,2009.
Total Amount Due: $175.00
The Special Magistrate ruled:
. Agenda #4, Notice #1360900001519 - BCC vs. Karl Joseph Bublitz and
. Agenda #8, Notice #1360900001345 - BCC vs. Johnny Cleo McCarter will
be CONTINUED to the next Hearing date
IV. OLD BUSINESS: None
V. NEXT HEARING DATE - October 23,2009 at 9:00 AM, located at the Collier
County Government Center, Administrative Building "F," 3rd Floor, 3301 E. Tamiami
Trail, Naples, Florida.
*****
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 11:04 AM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on ,
as presented _, or as amended
6
.
OFFICE of VITAL STATISTICS -~-
CERTIFIED COPY
FLORIDA CERTIFICATE OF DEATH
LOCAL FILE NO.
1, DECEDENTS NAME (First, Middle, Last, S,Jffix) 2. SEX
Shanta S. Gudur Female
3. OATE OF BIRTH (Month, Day, Year) 5. DATE OF DEATH (Month, Day, Year)
April 10, 1924 June 10, 2009
6. SOCIAL SECURITY NUMBER
9. PLACE OF DEATH HOSPITAL: X lnpat1enl .~ Emergency RoornJOutpatiem Dead on Arrival
(Check. oniy one)
NON~HOSPIT AL' Hospice FaCility Nursing Home/long Term Care Facility Decedent's Home Other (Specify)
10. FACILITY NAME (If not institution, give simer address) 11a. CITY, TOWN, OR LOCATION OF DEATH l1b. INSIDE CITY LIMITS?
.
. Naples Community Hospital Naples y" X No
12 MARITAL STATUS (Specify) 13, SURVIVING SPOUSE'S NAME (If wife, give maiden name)
. Married Marrled, but Saparatej X- Widowed Divorced Never Married
14a, RESIDENCE - STATE 14b.COUNTY tAc, CITY, TOWN, OR LOCATION
Florida Collier Naples
14d, STRE;T ADDRESS 141- ZIP CODE 14g. INSIDE CITY L1MITS'I
6960 Burnt Sienna C~rcle 34109 y" X No
II 15a. DECEDENT'S USUAL OCCUPATION (Indicate Iype of work done dUring most of working life.)
. Do not use "Retired"
Homemaker
16. DECEDENT'S RACE (Specify the racelractls to Indicate what decedent consIdered himse/flherseff to.be. MOre than one rare may be specifIed.)
- White _ Black or African American _ Amerlcan IndIan or Alaskan Native (Specify/ribs)
. ~Asianlndjall _ Chinese _FilJpino _ Japanese _ Korean VIetnamese __ Other As!an (Specify)
" Natl....e HawaiIan Guamanian or Chamorro Samoan OtheT PacifIc IsL (Specify) Other (Specify)
. 17, DECEDENT OF HISPANIC OR HAITIAN ORIGIN? _ Yes (If Yes, specify)' It No ----' Mexican _ Puerto Rican Cuban Central/South Amencan
(Specify' if decedent was of Hispanic or Haitian Origin.)
Olher Hispanic (Specify) Haitian
. 18, DECEDENT'S EDUCATION (Specify the dllcedenf's highast degree or level 01 school completed at lime of death.) 19. WAS DECEDENT EVER IN
U,S. ARMED FORCES?
K81horless __ High s:hooi but nQ diploma _ High school diploma or CiED
. College but no degree COllE'ge degree (Specify) Associate Bachelor's Master's Doctorate Ya, X.NO
20. FATHER'S NAME (First, Middle, Last, Silffi.() 21. MOTHER'S NAME (First, Middle, Maiden Surname)
Kishan Rao M~rajkar Gopika Bai
228.. INFORMANT'S NAME 22b. RELATIONSHIP TO OECEDEJ'H l23a, INFORMANT'S MAiLING. STATE
Ramesh S. Gudur Son Florida
. 23b, CITY OR TOWN 23d. ZIP GO DE
Naples Circle 34109-
. 24. PLACE OF DISPOSITION (Name of cemetny, crematory, or other place) 25a, LOCA nON - STATE 25b. LOCATION - CITY OR TOWN
Shikany's Bonita Crematory Florida
26a. METHOD OF DISPOSITION Buriat entombment X Cremation Donalion
26b, IF CREMATION, DONATION OR BURIAL.<\T SEA, 27a. LICENSE NUMBER (of Licensee)
WAS MEDICAL EXAMINER Ives FE411S
APPROVAL GRANTED? No
28_ NAME OF FUNERAL FACILITY STATE
g Shikany's Bonita Funeral Home
;;; 2gb. CITY OR TOWN 29c, STREET ADDRESS I 29d, liP CODE
Vi
'" Bon.!. ta Spr'ings 28300 Tamiami TrailSou~~ I 3413~-
;;
li 30, CERTIFIER' --X.... Certifying Physlclln . To the best 01 my knowledge, dealh occurred at the lima, date.'an(j:pla~e, and diJ~lo the cause(a) and manner stated
m .
I
15
! ~
o 34a. LI
~
~ . 36a, CERTIFIER'S. STATE 36b. CITY OR TOWN 36<:.8TREET.A9DRESS 36d. ZIP CODE
. Florida Naples 34102
]j
"'
37. SUBAEGISTRAR . Signature and Dale 3ab, DATE FILED BY REGISTRAR (Mo., Day, Yr.)
~ JUN 1 2 2009
39. PROBABLE MANNER OF DEATH I 40: REPORTED TO MEDICAL EXAMINER DUE TO
X Natural , CAUSE OF DEATH? Ya, X No
,
41, CAUSEOFDEATH-PARTI.
. (See instructions on back)
IMMEDIATE CAUSE
(Final disease or condition
resulting in death) ~
Sequentiaily list conditions, j :
if any, leading to the cause
Jlsted on line a Enter the
UNOEAL YING CAUSE
. (disease or Injury that -
Initiated the events D,i\-l;' ;()' ':>;: :i'> ;><';'1U-" 112>, '..>1)
S resulting in dealh) LAST
I ., d
1l . PART II. Other siani/ieant conditions contributlnQ ~ bUl001 resulting In the underlying causa given in PART I.
11
E . 436.. IF SURGERY MENTIONED IN PART I OR I , ENTER REASON FOR SURGERY
~ --i1 Unknown
j . PrObably
~ 45. IF FEMALE, WAS SHE PREGNANT WITHIN THE PAST YEAR'
-g II Ya, ~o Unknown alUme of death within 1 to 42 d<;1Ys 01 dealh within 4;l days to 1 year of death
g . 46. DATE OF INJURY (Month. Day, Year) 48. INJURY AT WORK? 49a.:LOCATION OF INJURY. STATE
~ Ye, No
. 4gb. CITY OR TOWN 4ge. ZIP CODE
'"
~ .
o .
~ 50 DESCRIBE HOW INJURY OCCURRED
:j
~
j IF TRANSPORT A nON INJURV, 5.2a, Status of Oeced(Jnt _ DriverJOperator _ Passenger Pedestrian _ Other (Specify)
-
I 52b. Type of Vehicle Car/Minivan 3.UV, Motorcycle Pickup Truck/Cargo Ven- Bus Heavy Transport Other (Specify) Case No.: f3/d:> 9aJoo' 318
0
JUN. 12 2009 Respondent Exhibit Ii It II
f)CUff1~'-,~-!
--.--..-___ __ Ctp Composite: Yes 0 NoD(
Hearing Date: 01- ~3-01
PLDRIDA DEPAlttMBNT OP I
THIS OOCUMENT IS PRINTEO OR PHOTOCOPIEO ON SECURITY PAPER WITH A WATERMARK OF THE GREAT
SEAL OF THE STATE OF FLORIDA. DO NOT ACCEPT WITHOUT VERIFYING THE PRESENCE OF THE WATERMARK
WARNING: THE DOCUMENT f'ACE C()NTAINS A MULTI-COLOREO BACKGROUND ANO GOLD EMBOSSED SEAL THE BACK
CONTAINS S~:C.IA" L L1NE~ WITH TE~;~~:;~~;~~~;;CH~OMIC INK, ''""'" '" 11111111111111111111111111111111111111111111111111
"'"
3 5 8 6 9 9 9 9 CERTIFICATION OF VITAL RECORD",