CE-Intersection Safety Minutes 11/17/2009
November 17,2009
MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
INTERSECTION SAFETY PROGRAM
Naples, Florida, November 17, 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 Administrative Building "F,"
3rd Floor, Collier County Government Complex, Naples, Florida with the following
persons present:
SPECIAL MAGISTRATE:
Honorable Brenda Garretson
ALSO PRESENT: Jennifer Waldron, Code Enforcement Supervisor
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
INTERSECTION SAFETY PROGRAM
AGENDA
DATE: November 17, 2009 at 9:00A.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 RECORD.
1. 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: 1360900021566
OWNER: ALEXANDRE,CLAUBERT
OFFICER: CHRIS GONZALEZ
2. NOTICE NO: 1360900057214
OWNER: ALLTON, CATHERINE M.
OFFICER: HAROLD MINCH
3. NOTICE NO: 1360900034015
OWNER: ARBYUMMI, FAHEEM HAAZIG
OFFICER: JOSEPH AMOROSI
4. NOTICE NO: 1360900013738
OWNER: ATTWELL, RAYMOND
OFFICER: HAROLD MINCH
5. NOTICE NO: 1360900026649
OWNER: BABBITT, FRANCIS
OFFICER: MICHAEL PEABODY
6. NOTICE NO: 1360900020279
OWNER: BEGLEY, HEATHER
OFFICER: MICHAEL PEABODY
7. NOTICE NO:
OWNER:
OFFICER:
8. NOTICE NO:
OWNER:
OFFICER:
9. NOTICE NO:
OWNER:
OFFICER:
10. NOTICE NO:
OWNER:
OFFICER:
11. NOTICE NO:
OWNER:
OFFICER:
12. NOTICE NO:
OWNER:
OFFICER:
13. NOTICE NO:
OWNER:
OFFICER:
14. NOTICE NO:
OWNER:
OFFICER:
15. NOTICE NO:
OWNER:
OFFICER:
16. NOTICE NO:
OWNER:
OFFICER:
17. NOTICE NO:
OWNER:
OFFICER:
18. NOTICE NO:
OWNER:
OFFICER:
1360900042711
CAPLE, FREDERICK
JOSEPH AMOROSI
1360900018745
CAPOBIANCO, MARYL YNN
HAROLD MINCH
1360900049203
COHEN, HAROLD
JOSEPH AMOROSI
1360900026441
COSSU, CYNTHIA
JOSEPH AMOROSI
1360900032639
COTTON, LAQUENTIN
JOSEPH AMOROSI
1360900025773
CRAY, CYNTHIA
HAROLD MINCH
1360900018315
DAVID, LELAND MICHAEL & JANETTE
CHRIS GONZALEZ
1360900014488
DIEDRICKS, LOllS F.
HAROLD MINCH
1360900021681
DOANE, LAWRENCE
CHRIS GONZALEZ
1360900039873
DUWE, VINCENT W & MATTHEW JOHN
JOSEPH AMOROSI
1360900046209
DUWE, VINCENT W. & MATTHEW JOHN
JOSEPH AMOROSI
1360900040632
ELDRED, KAREN S.
HAROLD MINCH
2
19. NOTICE NO:
OWNER:
OFFICER:
20. NOTICE NO:
OWNER:
OFFICER:
21. NOTICE NO:
OWNER:
OFFICER:
22. NOTICE NO:
OWNER:
OFFICER:
23. NOTICE NO:
OWNER:
OFFICER:
24. NOTICE NO:
OWNER:
OFFICER:
25. NOTICE NO:
OWNER:
OFFICER:
26. NOTICE NO:
OWNER:
OFFICER:
27. NOTICE NO:
OWNER:
OFFICER:
28. NOTICE NO:
OWNER:
OFFICER:
29. NOTICE NO:
OWNER:
OFFICER:
30. NOTICE NO:
OWNER:
OFFICER:
1360900032191
GALLOWAY, CATHERINE F
DAN SALLS
1360900036713
GOULET, LORRIE A.
CHRIS GONZALEZ
1360900015758
GOURJIAN, SEBOUH
HAROLD MINCH
1360900011773
HANEY, TERESA L OR RENE M. BAKER
DAN SALLS
1360900027910
HAYTON, GAIL
JOSEPH AMOROSI
1360900047116
HESLIN, TIMOTHY P
JOSEPH AMOROSI
1360900017820
JORDAN, KIRK STEVEN & MELISSA L
MICHAEL PEABODY
1360900006799
JOYCE, ROBERT D.
MICHAEL PEABODY
1360900043628
K.D.D. INC. D/B/A MR. SHOWER DOOR
MICHAEL PEABODY
1360900029569
LANDRUM, GENE N.
JOSEPH AMOROSI
1360900012995
LAURINO, JOSEPH VINCENT
HAROLD MINCH
1360900006492
LAURINO, JOSEPH VINCENT
CHRIS GONZALEZ
3
31. NOTICE NO:
OWNER:
OFFICER:
32. NOTICE NO:
OWNER:
OFFICER:
33. NOTICE NO:
OWNER:
OFFICER:
34. NOTICE NO:
OWNER:
OFFICER:
35. NOTICE NO:
OWNER:
OFFICER:
36. NOTICE NO:
OWNER:
OFFICER:
37. NOTICE NO:
OWNER:
OFFICER:
1360900029080
LLEWELLYN, DAVID R.
JOSEPH AMOROSI
1360900047181
LUTZ, ROBERT A.
JOSEPH AMOROSI
1360900048429
MALONEY, DIANE M.
JOSEPH AMOROSI
1360900006047
MAMAN, BATYA
DAN SALLS
1360900039337
MARLOW, VALERIE MARIE & JEFFERY BRYANT
JOSEPH AMOROSI
1360900011823
MARSHALL, RANDAL WAYNE
DAN SALLS
1360900018893
MAY, WILLIAM P & YONG S
HAROLD MINCH
38. NOTICE NO: 1360900029676
OWNER: MIDWEST REPRO INC.
OFFICER: HAROLD MINCH
39. NOTICE NO: 1360900025518
OWNER: MUFFLEY, LYNN MCGEE
OFFICER: JOSEPH AMOROSI
40. NOTICE NO: 1360900039287
OWNER: ORTEGA, MARIA ROSAURA
OFFICER: JOSEPH AMOROSI
41. NOTICE NO: 1360900017796
OWNER: PACKARD, BRIANNE NICOLE
OFFICER: MICHAEL PEABODY
42. NOTICE NO: 1360900007490
OWNER: PALACIOS, JULIO A
OFFICER: MICHAEL PEABODY
4
43. NOTICE NO:
OWNER:
OFFICER:
44. NOTICE NO:
OWNER:
OFFICER:
45. NOTICE NO:
OWNER:
OFFICER:
46. NOTICE NO:
OWNER:
OFFICER:
47. NOTICE NO:
OWNER:
OFFICER:
48. NOTICE NO:
OWNER:
OFFICER:
49. NOTICE NO:
OWNER:
OFFICER:
50. NOTICE NO:
OWNER:
OFFICER:
51.. NOTICE NO:
OWNER:
OFFICER:
52. NOTICE NO:
OWNER:
OFFICER:
53. NOTICE NO:
OWNER:
OFFICER:
54. NOTICE NO:
OWNER.
OFFICER:
55. NOTICE NO:
OWNER:
OFFICER:
1360900011047
PEREZ, JOSE
DAN SALLS
1360900035178
PORTER, LAWRENCE G.
JOSEPH AMOROSI
1360900040285
ROBINSON, KELLY HESS & STEVEN E.
JOSEPH AMOROSI
1360900025005
ROELLER, MARY LYNN
JOSEPH AMOROSI
1360900032431
ROMANO, SAM
JOSEPH AMOROSI
1360900019883
ROSES FOOD MART, INC
MICHAEL PEABODY
1360900041960
SPENCER, NANCY A
JOSEPH AMOROSI
1360900019479
STEVENS, RICHARD H.
MICHAEL PEABODY
1360900019784
SUTTON, CHARLES TREVOR
MICHAEL PEABODY
1360900048858
VALDES, RAFAEL A. & MABEL MARRERO
JOSEPH AMOROSI
1360900025724
VELEZ, CANDELARIO, ROBERT A
HAROLD MINCH
1360900022911
V1ACA V A, JOSEPH GERARD
HAROLD MINCH
1360900047348
WATTS, STEPHEN RAFFINGTON
JOSEPH AMOROSI
5
56. NOTICE NO:
OWNER:
OFFICER:
1360900023794
WEISS, YELENA
ROBERT J LEWIS JR.
IV. OLD BUSINESS
V. NEXT MEETING DATE: December 18th, 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
6
November 17, 2009
I. CALL TO ORDER
The Hearing was called to order at 9:03 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: 9:17 AM
RECONVENED: 9:45 AM
II. APPROVAL 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 #1, Notice #1360900021566 - BCC vs. Claubert Alexandre
· Agenda #2, Notice #1350900057214 - BCC vs. Catherine M. Allton
· Agenda #4, Notice #1350900013738 - BCC vs. Raymond Attwell
· Agenda #5, Notice #1350900026649 - BCC vs. Francis Babbitt
· Agenda #6, Notice #1360900020279 - BCC vs. Heather Begley
· Agenda #13, Notice #1360900018315 - BCC vs. Leland Michael & Janette
David
· Agenda #14, Notice #1360900014488 - BCC vs. Louis F. Diedricks
· Agenda #22, Notice #1360900011773 - BCC vs. Teresa L. Haney or Rene
M. Baker
· Agenda #23, Notice #1360900027910 - BCC vs. Gail Hayton
· Agenda #28, Notice #1360900029569 - BCC vs. Gene N. Landrum
· Agenda #29, Notice #1360900012995 - BCC vs. Joseph Vincent Laurino
· Agenda #30, Notice #1360900006492 - BCC vs. Joseph Vincent Laurino
· Agenda #31, Notice #1360900029080 - BCC vs. David Llewellyn
· Agenda #33, Notice #1360900048429 - BCC vs. Diane M. Maloney
· Agenda #36, Notice #1360900011823 - BCC vs. Randal Wayne Marshall
· Agenda #37, Notice #1360900018893 - BCC vs. William P. & Yong S. May
· Agenda #39, Notice #1360900025518 - BCC vs. Lynn McGee Muffley
· Agenda #41, Notice #1360900017796 - BCC vs. Brianne Nicole Packard
· Agenda #42, Notice #1360900007490 - BCC vs. Julio A. Palacios
· Agenda #44, Notice #1360900035178 - BCC vs. Lawrence G. Porter
· Agenda #45, Notice #1360900040285 - BCC vs. Kelly Hess & Steven E.
Robinson
· Agenda #48, Notice #1360900019883 - BCC vs. Roses Food Mart, Inc.
· Agenda #49, Notice #1360900041960 - BCC vs. Nancy A. Spencer
2
November 17, 2009
· Agenda #50, Notice #1360900019479 - BCC vs. Richard H. Stevens
· Agenda #51, Notice #1360900019784 - BCC vs. Charles Trevor Sutton
· Agenda #52, Notice #1360900048858 - BCC vs. Rafael A. Valdes & Mabel
Marrero
· Agenda #53, Notice #1360900025724 - BCC vs. Robert A. Candelario Velez
· Agenda #54, Notice #1360900022911 - BCC vs. Joseph Gerard Viacava
· Agenda #55, Notice #1360900047348 - BCC vs. Stephen Raffington Watts
· Agenda #56, Notice #1360900023794 - BCC vs. Yelena Weiss
(b) Under Item III (A), "Hearings," the following case was DISMISSED by the
County:
· Agenda #35, Notice #1360900039337 - BCC vs. Valerie Marie & Jeffery
Bryant Marlow
(c) Under Item V, "Next Hearing Date," the location for the Hearing was changed
to the Collier County Community Development and Environmental Services
("CDES") Building at 2800 North Horseshoe Drive
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.
APPROVAL OF MINUTES - October 23, 2009:
Corrections:
· Assistant County Attorney Jeff Wright was not present at the Hearing.
· Under Item II, "Approval of Agenda, " all listed cases were WITHDRAWN by the
County, not dismissed.
· Regarding Agenda #22, Notice #1360900015253 -BCC vs. George Harvey &
Patricia Sue Hermanson, the case was WITHDRAWN, not dismissed.
· Regarding Agenda #19, Notice #1360900008779 -BCC vs. Denna L. Fiorito, the
case was WITHDRAWN, not dismissed.
· Regarding Agenda #51, Notice #1360900009371- BCC vs. Zulima Alfaro Turino
and Agenda #56, Notice #1360900041044 - BCC vs. Marjorie A. Zi.ff-Levine, the
cases had been WITHDRAWN by the County, not dismissed.
· Regarding Agenda #10, the testimony of the Respondent, Marc Battistello,
described traffic as "on-coming" rather than "ongoing."
· Regarding Agenda #42, Notice #1360900037901-BCC vs. Raul Raymond Reyes,
the Respondent was not present at the time of the Hearing.
The Minutes of the Intersection Safety Program Hearing held on October 23,2009
were reviewed by the Special Magistrate and approved as amended.
3
November 17,2009
III. PUBLIC HEARINGS
A. Hearings:
8. Notice #1360900018745 - BCC vs. Marvlvnn Capobianco
The Hearing was requested by the Respondent who was present.
The County was represented by Lt. Harold Minch.
The Respondent resides at 3511 23rd Avenue SW, Naples, Florida 34117, and verified
she is the registered owner of the vehicle. She noted her correct name is Mary Lynn
Capobianco.
Date of Violation: August 13,2009
Time: 4:13 PM
Location: Intersection of Golden Gate Parkway @ Collier Boulevard.
Lt. Minch presented the video for review by the Special Magistrate.
The Respondent stated she could clearly see the intersection as she approached it.
She mentioned there was a Hess Station to her left which blocked her view so she
pulled up further into the intersection in order to check oncorning traffic.
The Special Magistrate stated the Ordinance requires drivers come to a complete
stop which the Respondent did not. The vehicle appeared to "pause" in the
intersection. The Special Magistrate noted there are no exceptions in the Ordinance.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay afine of$125.00 and an
administrative fee of$50.00. The Respondent is allowed 30 days to make payment.
Total Amount Due: $175.00
The Special Magistrate confirmed the Board of County Commissioners reduced
the amount offines on October 14,2009, but the amended Ordinance was not
retroactive.
Investigator Waldron clarified the Ordinance requires payment of fines within 21
days after receipt of the Notice.
The Special Magistrate noted the correction and advised the Respondent payment is
due within 21 days.
3. Notice #1350900034015 - BCC vs. Faheem Haazil! Arbvummi
The Hearing was requested by the Respondent who was present.
The County was represented by Officer Joseph Amorosi.
The Respondent resides at 4531 28th Place SW, Naples, Florida.
Date of Violation: August 13,2009
4
November 17, 2009
Time: 4:13 PM
Location: Intersection of Golden Gate Parkway@ Collier Boulevard
Before the video could be presented, the Respondent stated he was "taking
responsibility" for the vehicle and not contesting the Citation. He further stated he
was unable to pay the fine and asked if it would be possible to perform community
service lieu of payment.
The Special Magistrate stated she cannot waive the fine or impose community
service. She noted Collier County enforces the Intersection Safety Program Orders
and makes the determination concerning how an Order is enforced.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay afine of$125.00 and an
administrative fee of$50.00. The Respondent is allowed 21 days for payment.
Total Amount Due: $175.00
The Special Magistrate introduced Diane Flagg, Director of Code Enforcement, and
suggested the Respondent speak with Ms. Flagg concerning his situation.
12. Notice #1360900025773 - BCC vs. Cynthia Crav
The Hearing was requested by the Respondent who was present.
The County was represented by Lt. Harold Minch.
The Respondent resides at 1065 Pine Isle Lane, Naples, Florida 34112, and verified
she is the registered owner of the vehicle.
Date of Violation: August 23, 2009
Time: 10:50 PM
Location: Intersection of Pine Ridge Road @ Airport-Pulling Road
Lt. Minch presented the video for review by the Special Magistrate.
The Respondent stated she researched the topics of insufficient yellow light timing
and incorrect tirning devices installed by vendors. She further stated the traffic light
was yellow as her vehicle began to turn and changed to red while she was turning.
Lt. Minch stated vendors have no control over the timing of the traffic lights and
cannot manipulate them because timing is controlled by the County's Transportation
Department.
The Respondent contended the wait at the Pine Ridge intersection was not the same
as at other intersections and noted Judges in various jurisdictions throughout the State
were not honoring camera-initiated Citations since an officer must be physically
present to collect rnoney frorn a citizen. She stated her concern was the timing
settings for traffic lights at camera-monitored intersections.
5
Novernber 17, 2009
Lt. Minch stated none of the timings at any ofthe intersections had been changed to
favor the cameras and the Respondent's vehicle entered the intersection at 24 miles
per hour. He further stated the traffic light had been red for .2 seconds before the
Respondent's vehicle entered the intersection.
Robert Tipton, Traffic Operation Director, confirmed the traffic control equipment
used throughout the State has a minimum "yellow" time for any rnovernent of three
seconds. In Collier County, traffic signals adjust for the speed of approaching
vehicles and, at the Pine Ridge Road intersection, the minimum time is four seconds.
The Special Magistrate stated the Ordinance requires drivers must stop when a traffic
signal is red, it has not been over ruled and is the law of Collier County. She further
stated the "stop" is to be a complete stop with the brake light on and no forward
motion. She reiterated a vehicle either stops or it rolls through a stop sign or light.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay afine of$125.00 and an
administrative fee of $50.00. The Respondent is allowed 21 days for payment.
Total Amount Due: $175.00
20. Notice #1360900036713 - BCC vs. Lorrie A. Goulet
The Hearing was requested by the Respondent who was present.
The County was represented by Sgt. Chris Gonzalez.
The Respondent resides at 10898 Sea Coral Court, Bonita Springs, Florida 34135,
and verified she is the registered owner of the vehicle.
Date of Violation: August 28,2009
Time: 4:59 PM
Location: Intersection of Pine Ridge Road @ Livingston Road
Sgt. Gonzalez presented the video for review by the Special Magistrate.
The Respondent stated the traffic signal turned green as her vehicle approached and
proceeded through the intersection, but the car did slow down before entering the
intersection and turning onto Livingston.
The Special Magistrate noted the Respondent's car was in the intersection before the
light turned green, and while the car rnay have "paused," it was not a complete stop.
She stated the vehicle did not pull up to clear the intersection and then proceed into
traffic.
Sgt. Gonzalez stated the light had been red for approximately 82.8 seconds while the
Respondent's vehicle approached the intersection. The Respondent would not have
been able to see ifthere was a pedestrian entering the intersection.
6
November 17,2009
The Special Magistrate stated ifher vehicle had made a cornp1ete stop, there would
not have been a violation.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay afine of$I25.00 and an
administrative fee of $50.00. The Respondent is allowed 21 days for payment.
Total Amount Due: $175.00
24. Notice #1360900047116 - BCC vs. Timothv P. Heslin
The Hearing was requested by the Respondent who was present.
The County was represented by Cpl. Joseph Amorosi.
The Respondent resides at 10057 Boca Circle, Naples, Florida 34109, and verified he
is the registered owner of the vehicle.
Date of Violation: September 3, 2009
Time: 2.52 PM
Location: Intersection of Airport-Pulling Road @ Immoka1ee Road
Cpl. Amorosi presented the video for review by the Special Magistrate.
The Respondent stated he was not contesting the video. He stated he received three
additional Citations for violations at the same location and stated ifhe had been made
aware of the first violation immediately, the other violations would not have occurred.
He protested the two week "plus" delay in receiving the initial notification. He
further stated he was aware that "a 90-day grace period" had been allowed at other
camera-monitored locations because of statements rnade by several County
Commissioners.
The Special Magistrate noted she could only review the Citation presented during the
Hearing.
Lt. Minch stated the grace period was County-wide and the purpose was to alert the
citizens of the presence of the cameras at certain intersections.
The Special Magistrate stated, while she understood the Respondent's argument, the
law requires a vehicle to stop at a red light before turning and enforcement is not
subjective.
Finding the Notice of Hearing was properly served, the Respondent was found
GUlL TY of the alleged violation and ordered to pay a fine of $125. 00 and an
administrative fee of $50.00. The Respondent is allowed 21 days for payment.
TotalAmountDue: $175.00
7
November 17,2009
34. Notice #1360900006047 - BCC vs. Batva Maman
The Hearing was requested by the Respondent who was present.
The County was represented by Sgt. Dan Salls.
The Respondent resides at 712 100th Avenue North, Naples, Florida 34108, and
verified she is the registered owner of the vehicle.
Date of Violation: August 2, 2009
Time: 3.31 AM
Location: Intersection of Vanderbilt Beach Road @ US 41/Tamiami Trail N.
Sgt. Salls presented the video for review by the Special Magistrate.
The Respondent stated she received six different tickets for the same location at
approxirnate1y the same time during a one-rnonth period. She clairned to the "only
car on the road" at the time and was aware she could rnake a right turn on a red light,
but did not know her vehicle must first come to full stop on a red light before
proceeding. She stated she was from Israel where the driving rules are different.
She explained to the Special Magistrate she did take a written test to obtain a license
in Florida, but was assisted by a translator.
She further stated she is unable to pay the fine because she is unemployed and her
house is in foreclosure.
The Special Magistrate explained she will address only the Citation scheduled for the
Hearing and not the other issued Citations.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay afine of$125.00 and an
administrative fee of$50.00. The Respondent is allowed 21 days for payment.
Total Amount Due: $175.00
38. Notice #1360900029676 - BCC vs. Midwest Repro, Inc.
The Hearing was requested by the Respondent who was represented by Jeffrey Stevens.
The County was represented by Lt. Harold Minch.
Mr. Stevens stated he is General Manager for Midwest Repro, Inc. and verified he
was authorized to represent the company.
Date of Violation: August 26, 2009
Time: 10:54 AM
Location: Intersection of Vanderbilt Beach Road @ US 41/Tamiami Trail N.
Lt. Minch presented the video for review by the Special Magistrate
The Respondent stated he was operating the vehicle on the day in question and pulled
the vehicle past the stop line in order to safely see oncoming traffic at the intersection.
8
November 17, 2009
He further stated he briefly stopped the car at the intersection before proceeding into
traffic. He clairned the video showed his vehicle moved a very short distance in 2.1
seconds indicating his short stop.
The Special Magistrate reviewed the video again.
Finding the Notice of Hearing was properly served, the Respondent was found
NOT GUILTY of the alleged violation.
40. Notice #1360900039287 - BCC vs. Maria Rosaura Ortel!a
The Hearing was requested by the Respondent who was present.
The County was represented by Cpl. Joseph Amorosi.
The Respondent resides at 607 nnd Avenue North, Naples, Florida 34108, and
verified she is the registered owner ofthe vehicle.
Date of Violation: August 29, 2009
Time: 8:24 PM
Location: Intersection of Vanderbilt Beach Road @ US 411Tamiami Trail N.
The Respondent stated she attended the Board of County Commissioner's meeting on
September 29,2009. At the meeting, a situation similar to the past two cases was
presented to the Commissioners who dismissed the other Citations, allowing the
Respondents to pay for only one, due to the length of time between the date the
infraction occurred and the date the initial notification was received.
The Special Magistrate noted the Board of County Commissioners sets policy for the
County and rnakes laws. She reiterated she will address only the one Citation
scheduled for the Hearing.
Cpl. Amorosi presented the video for review by the Special Magistrate.
The Respondent stated there is a sign across the road (to her left) blocking the view of
cars attempting to rnake a right onto Route 41, and there was a truck/van that also
hindered her view, so she pulled her car into the intersection in order to see oncorning
traffic. She further stated she observed the camera flash which startled her so much
that she pulled her car even further into the intersection because she thought an
ambulance may have been coming behind her.
Cpl. Amorosi disputed her claim and pointed out the car's braking pattern.
The Respondent stated she was in the process of braking but was startled and felt she
must rush through the intersection due to the flash. She further stated her purpose
was to alert the County to a "situation" at the intersection which may be due to a
malfunction of the camera equipment. She suggested it should be reca1ibrated
9
November 17,2009
because it was a contributing factor to her decision "to be prudent and get out of the
"
way.
The Special Magistrate reviewed the video and stated the logical place to stop was not
where the Respondent's vehicle had stopped and reviewed the terms of Ordinance
#2008-22 referring to Section Four, "Exceptions" which states:
"(e). If the vehicle driver was required to violate the applicable
traffic control device (or the official) in order to comply with
another applicable law that supersedes the respective traffic
control regulation; ..
The Special Magistrate also cited from the Ordinance:
"(d). If the asserted defense would have excused the noticed
violation as if such violation had been cited by a Uniform Traffic
Citation pursuant to Florida Statute; "
The Special Magistrate stated the language of the Ordinance allows her to apply the
exceptions to the factual situation presented by the Respondent and the County did
not object.
Finding the Notice of Hearing was properly served, the Respondent was found
NOT GUILTY of the alleged violation.
The Special Magistrate stated she was not setting a precedent and reiterated the law
states the vehicle must come to a full stop before clearing an intersection.
RECESS: 11:55 AM
RECONVENED: 12:13 PM
10. Notice #1360900026441 - BCC vs. Cynthia Cossu
The Hearing was requested by the Respondent who was present.
The County was represented by Cpl. Joseph Amorosi.
The Respondent resides at 2537 SW 9th Place, Cape Coral, Florida 33914, and
verified she is the registered owner of the vehicle.
Date of Violation: August 24, 2009
Time: 9:59 AM
Location: Intersection of Vanderbilt Beach Road @ US 41/Tamiami Trail N.
Cpl. Amorosi presented the video for review by the Special Magistrate.
The Respondent stated after viewing the video, she realized she did not stop behind
the first white line and learned where she is supposed to stop her vehicle in the future.
10
November 17, 2009
The Special Magistrate stated due to the Respondent's admission of guilt, she would
not assess any costs
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay afine of$125.00. The
Respondent is allowed 21 days for payment.
Total Amount Due: $125.00
The Special Magistrate stated she was accepting a Stipulation from the Respondent.
The County did not object to the Special Magistrate allowing the Respondent to
"stipulate" to the violation.
21. Notice #1360900015758 - BCC vs. Sebouh Gouriian
The Hearing was requested by the Respondent who was present.
The County was represented by Lt. Harold Minch.
The Respondent initiated a discussion concerning the type of recording made by the
County. The Special Magistrate stated the proceedings were televised in addition to
being recorded for minutes and explained the procedure regarding obtaining a copy of
the minutes or the recording from Minutes and Records to appeal her ruling.
The Respondent resides at 151 Cypress Way East, Naples, Florida 34110.
The Respondent stated he would present a Motion to Declare the Statute Unconstitutional.
The Special Magistrate stated that she, as a Special Magistrate, was not authorized to
and would not rule on the constitutionality of the Ordinance.
The County objected to the Motion as outside the scope of the Hearing.
The Respondent objected to the County's objection stating he would present a
Declaratory Judgment at the conclusion of the Hearing.
The Special Magistrate stated she would only hear the case and determine whether or
not a violation existed.
The Respondent asked the Court to recognize his "standing" and referred to Section
Nine, "Conflict and Severability," of the Ordinance as follows:
"In the event this Article (Ordinance) conflicts with any other
Ordinance of Collier County or other applicable law, this Article shall
apply and supersede. If any phrase or portion of this Article is held
invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent '" "
The Special Magistrate stated the Respondent will have "standing" because of the
Hearing and will be able to contest the ruling in the appropriate location (i.e., Court).
The Respondent verified he is a criminal defense attorney.
11
November 17,2009
The Special Magistrate noted the Ordinance has not been declared unconstitutional.
The Respondent stated he was required to "make a record" in order to appeal the
constitutionality ofthe Ordinance.
The Special Magistrate stated the Respondent's point was made.
Date ofViolatiou: August 15,2009
Time: 2:40 PM
Location: Intersection of Pine Ridge Road @ Airport-Pulling Road
When asked to verify his ownership of the vehicle, the Respondent stated he would
"stand silent."
Lt. Minch presented the video for review by the Special Magistrate.
Lt. Minch explained a search of the license plate of the vehicle was performed
through records kept by the State's Department of Motor Vehicles and introduced a
document entitled, Violation Evident Report, dated November 11, 2009 which was
marked as County's Exhibit "A."
The Respondent objected to the document stating it had not been obtained directly
from the Department of Motor Vehicles and did not meet the standard of proof.
Lt. Minch stated the vendor, hired by the County, generated the documentation as part
of its contract with the County and obtained the information by utilizing the same
computer system used by the Collier County Sheriffs Office.
The Special Magistrate overruled the Respondent's objection stating the Ordinance
permits hearsay testimony.
The Respondent claimed there was no foundation for the document and it had not
been authenticated by the State.
The Special Magistrate determined the document to be accurate. She further stated
the standard of proof in the forum of "Special Magistrate" was different than in
criminal or traffic court which is "beyond a reasonable doubt."
The Special Magistrate admitted County's Exhibit "A" into evidence.
The Respondent objected to use of the video and photographs taken by the camera
stating if was not known ifthe equipment was DOT-approved.
The Special Magistrate noted the Sheriffs Department Officers represented the
County and did not appear on behalf of the State of Florida.
The County objected to the use of State Statutes as outside the scope of the Hearing
because the subject matter was controlled by County Ordinance.
The Respondent cited Florida Statute 316.008, "Powers of Local Authorities," under
(3) as follows:
"No local authority shall erect or maintain any official traffic control
device at any location so as to regulate the traffic on any state road
12
November 17, 2009
unless approval in writing has first been obtained from the
Department of Transportation. "
Lt. Minch stated the intersection was a County Road and the cited Statute was not
applicable since State Roads were assigned designated numbers.
The Special Magistrate confirmed the Respondent had asserted the equipment was a
"traffic control device."
The Special Magistrate stated the County's Ordinance was not in conflict with the
Statute and overruled the Respondent's objection.
Lt. Minch stated the Department of Transportation does not allow camera devices on
State road Right-of-Ways. He further stated the device was County authorized and
placed on a County road pursuant to the County's Ordinance, outside of State control.
The Respondent noted the ruling for appeal.
The Special Magistrate again reviewed the video.
Lt. Minch pointed out there was a steady red signal and the vehicle did not stop,
stating the vehicle was found to be in violation ofthe County's ordinance.
Cross-examination:
The Respondent asked if a Citation was written and Lt. Minch stated the Ordinance
required that a Notice of Code Violation be issued.
The Respondent questioned whether or not Lt. Minch could issue a Notice of
Violation on behalf of Collier County's Code Enforcement Department since he was
not ernp10yed by Code Enforcement.
Lt. Minch stated the County's Deputy Sheriffs are cross-designated by the Ordinance
to enforce Code Violations. He further stated the Notice of Violation was issued by
Code Enforcernent and not by the Sheriffs Department.
The Special Magistrate stated there are laws that are both State Statutes and County
Ordinances and a discretionary choice is made as to which is enforced. The choice
was made to hear the case under the County's Ordinance.
She explained several officers are empowered to enforce the County's Ordinance and
reiterated Lt. Minch has the authority to present the County's case pursuant to the
County's Ordinance.
The Special Magistrate noted she had previously sustained the County's objection
and stated the purpose of the Hearing was to determine whether a County Ordinance,
not a State Statute, had been violated.
The Respondent asked whether the Deputy has issued Uniform Traffic Citations
under State Statute 316.075 - "failure to obey a traffic control device?"
Lt. Minch stated he has issued "thousands" of traffic citations during his career.
13
November 17,2009
The Respondent asked why Collier County Code Enforcernent had not issued the
Citation.
Lt. Minch stated he did not issue a Code Violation, it was issued by Collier County
Code Enforcement and he was testifying concerning the evidence used to determine
whether a violation had occurred. He further stated the Ordinance requires a Deputy
Sheriff to make the determination.
The Respondent questioned Lt. Minch's training/experience with the "D.A.V.I.D."
System and Lt. Minch explained the computer system was used to track drivers'
licenses and contained information concerning vehicle ownership, etc.
Lt. Minch stated he routinely uses NCIC (''National Crime Information Center") or
FCIC ("Florida Crime Information Center") databases to verify vehicle registration.
Exhibit "A" contained information on the Violation Evidence Report and was
obtained through the NCIC database. The Sheriffs Office views the evidence
obtained through the vendor hired by the County, and testifies in Court pursuant to
the Ordinance.
Lt. Minch confirmed the equipment is operated by the County's vendor, American
Traffic Solutions whose offices are located in Arizona and he is not employed by
American Traffic Solutions.
He stated when a Citation is issued, the driver may either sign the document
presented by the officer or post a bond. Failure to do either is a misdemeanor.
Respondent's Closing Argument:
· Notice requirement - the Ordinance requires service by Certified Mail.
o The Respondent stated he did not receive mail delivery at his home
and was required to retrieve the notification from the Post Office.
He did not sign for the Certified Mail.
The Respondent moved for the Citation to be set aside because State Statute 316.077,
"Provisions Uniform throughout the State," expressly preempts the County's
Ordinance and cited as follows:
"The provisions of this Chapter shall be applicable and uniform throughout
this State and in all political subdivisions and municipalities therein, and no
local authority shall enact or enforce any ordinance on a matter covered by
this Chapter unless expressly authorized. However, this section shall not
prevent any local authority from enacting an Ordinance when such enactment
is necessary to vest jurisdiction of violation of this Chapter in the local court. "
The Respondent contended Statute 316.075 supersedes and preernpts the County's
Ordinance and presented copies of the following case law:
· Duvall Lumber Co. v. Slade, 147 Fla. 135,2 So.2d 371
· Citv of Wilton Manors v. Starling, et aI, 121 So.2d 172
· Santa Rosa Countv v. Gulf Power Companv, 151 P.U.R.4th 552, 635 So.2d
96) in Head Notes 6 and 7.
14
November 17,2009
The Special Magistrate asked Lt. Minch to clarify his testimony concerning whether
there were overlapping state roadways at the intersection.
He stated the term "state road" is a description of a roadway for legal purposes and
does not refer to every road in the State of Florida. State Roads are identified by a
specific assigned number.
The Special Magistrate asked if either of the roads in the intersection in question was
considered a "State Road."
Lt. Minch stated both roads are County roads.
The Respondent stated some of the issues he presented were expressed and implied
preemptions and presented the following case law:
· Hillsborough Countv v. Florida Restaurant Association. Inc., 603 So.2d 587
He stated Statute 316.075 contains an express preemption and presented the following
case law:
· National Rifle Association v. Citv of South Miami, 812 So.2d 504
He stated a municipality can enact Ordinances which are not expressly preernpted by
State Statute and presented the following case law:
· Carl L. Thomas v. State of Florida, 614 So.2d 468
The Respondent contended there was a conflict of the laws because the "Statute"
imposed a fine of$125.00 with an addition $50.00 if the Citation is contested,
without allowing for other remedies.
The Respondent referred to Section Five, "Penalties," of Collier County Ordinance
#2008-22, specifically to Paragraph (a), "Civil Fine and Costs," and presented the
following case law:
· Lawrence E. Edwards v. State of Florida, 422 So.2d 84
· Board of Count v Commissioners of Dade Countv v. Boswell, 167 So.2d 866
· Phantom of Brevard. Inc. v. Brevard Countv, 3 So.3d 309
He cited the Florida Attorney General Advisory Legal Opinion, AGO 97-06, dated
January 24, 2997 concerning use of unmanned cameras. He stated the Attorney
General's opinion was that enforcement oftraffic citations based on the use of
unmanned cameras could not be enforced.
Lt. Minch stated the Respondent testified he did not receive Certified Mail and did
not sign for it at the Post Office. Lt. Minch directed the Special Magistrate to the
evidence package which contained a document obtained from the U.S. Postal Service
website which indicated the envelope was obtained by an individual who signed as
"Sebouh GOlujian."
15
November 17,2009
Discussion ensued concerning whether the Respondent's testimony pertained to the
Citation scheduled for the Hearing or another Citation issued to the Respondent.
He stated his issue was the way "Notice" was issued pursuant to the "Statute."
The Special Magistrate ruled the Respondent was in violation based on the
evidence presented.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay afine of$125.00 and $50.00 in
administrative costs. The Respondent is allowed 21 days for payment.
Total Amount Due: $175.00
The Special Magistrate stated the Respondent was entitled to appeal the Ruling and
noted appeal guidelines were contained in Ordinance #2008-22, as amended by
Ordinance #2009-54.
She also directed the Respondent to review the Collier County Code Enforcement
Ordinance #2007-44 for additional information concerning appeal procedures.
RECESS: 1:58 PM
RECONVENED: 2:06 PM
7. Notice #1360900042711 - BCC vs. Frederick Caple
The Hearing was requested by the Respondent who was not present.
The County was represented by Lt. Harold Minch.
Date of Violation: August 31, 2009
Time: 7:49 PM
Location: Intersection of Vanderbilt Beach Road @ US 41/Tamiami Trail N.
Lt. Minch presented the video for review by the Special Magistrate. He stated a
violation had occurred and information concerning the registered owner was obtained
by researching the vehicle's license plate, #L93-5DZ.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay afine of$125.00 and $50.00 in
administrative costs. The Respondent is allowed 21 days for payment.
Total Amount Due: $175.00
9. Notice #1360900049203 - BCC vs. Harold Cohen
The Hearing was requested by the Respondent who was not present.
The County was represented by Lt. Harold Minch.
Date of Violation: September 4, 2009
Time: 7:35 PM
Location: Intersection of Pine Ridge Road @ Livingston Road.
16
November 17,2009
Lt. Minch presented the video for review by the Special Magistrate. He stated a
violation had occurred and information concerning the registered owner was obtained
by researching the vehicle's license plate, #HOT-DNG.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay afine of $125. 00 and $50.00 in
administrative costs. The Respondent is allowed 21 days for payment.
Total Amount Due: $175.00
11. Notice #1360900032639 - BCC vs. Laauentin Cotton
The Hearing was requested by the Respondent who was not present.
The County was represented by Lt. Harold Minch.
Date of Violation: August 27, 2009
Time: 5:29 AM
Location: Intersection of Airport-Pulling RoadJImmoka1ee Road
Lt. Minch presented the video for review by the Special Magistrate and stated the
vehicle had stopped as required by the Ordinance.
Finding the Notice of Hearing was properly served, the Respondent was found
NOT GUILTY of the alleged violation.
15. Notice #1360900021681 - BCC vs. Lawrence Doane
The Hearing was requested by the Respondent who was not present.
The County was represented by Lt. Harold Minch.
Date of Violation: August 20, 2009
Time: 6:52 AM
Location: Intersection of Airport-Pulling Road @ Immoka1ee Road
Lt. Minch presented the video for review by the Special Magistrate and stated the
vehicle had stopped as required by the Ordinance.
Finding the Notice of Hearing was properly served, the Respondent was found
NOT GUILTY of the alleged violation.
16. Notice #1360900039873 - BCC vs. Vincent W. & Matthew John Duwe
The Hearing was requested by the Respondents who were not present.
The County was represented by Lt. Harold Minch.
Date of Violation: August 30, 2009
Time: 4:55 AM
Location: Intersection of Vanderbilt Beach Road @ US 41!Tamiami Trail N.
17
Novernberl7,2009
Lt. Minch presented the video for review by the Special Magistrate. He stated a
violation had occurred and information concerning the registered owners was
obtained by researching the vehicle's license plate, #KI6-7GW.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation and ordered to pay afine of$125.00 and $50.00 in
administrative costs. The Respondents are allowed 21 days for payment.
Total Amount Due: $175.00
17. Notice #1360900046209 - BCC vs. Vincent W. & Matthew John Duwe
The Hearing was requested by the Respondents who were not present.
The County was represented by Lt. Harold Minch.
Date of Violation: September 3, 2009
Time: 1:44 AM
Location: Intersection of Vanderbilt Beach Road @ US 41/Tamiami Trail N.
Lt. Minch presented the video for review by the Special Magistrate. He stated a
violation had occurred and information concerning the registered owners was
obtained by researching the vehicle's license plate, #KI6-7GW.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation and ordered to pay afine of$125.00 and $50.00 in
administrative costs. The Respondents are allowed 21 days for payment.
Total Amount Due: $175.00
18. Notice #1360900040632 - BCC vs. Karen S. Eldred
The Hearing was requested by the Respondent who was not present.
The County was represented by Lt. Harold Minch.
Date of Violation: August 30, 2009
Time: 1:10 PM
Location: Intersection of Pine Ridge Road @ Airport-Pulling Road
Lt. Minch presented the video for review by the Special Magistrate. He stated a
violation had occurred and information concerning the registered owner was obtained
by researching the vehicle's license plate, #914-LMY.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay afine of$125.00 and $50.00 in
administrative costs. The Respondent is allowed 21 days for payment.
Total Amount Due: $175.00
19. Notice #1360900032191 - BCC vs. Catherine F. Gallowav
The Hearing was requested by the Respondent who was not present.
The County was represented by Lt. Harold Minch.
18
November 17,2009
Date of Violation: August 26, 2009
Time: 8:49 PM
Location: Intersection of Vanderbilt Beach Road @ US 411Tamiami Trail N.
Lt. Minch presented the video for review by the Special Magistrate. He stated a
violation had occurred and information concerning the registered owner was obtained
by researching the vehicle's license plate, #AMAZONE.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay afine of$/25.00 and $50.00 in
administrative costs. The Respondent is allowed 21 days for payment.
Total Amount Due: $175.00
25. Notice #1360900017820 - BCC vs. Kirk Steven & Melissa L. Jordan
The Hearing was requested by the Respondents who were not present.
The County was represented by Lt. Harold Minch.
Date of Violation: August 16,2009
Time: 7:06 PM
Location: Intersection of Vanderbilt Beach Road @ US 411Tamiami Trail N.
Lt. Minch presented the video for review by the Special Magistrate. He stated a
violation had occurred and information concerning the registered owner was obtained
by researching the vehicle's license plate, #C63-81M.
Finding the Notice of Hearing was properly served, the Respondents were found
GUILTY of the alleged violation and ordered to pay afine of$125.00 and $50.00 in
administrative costs. The Respondents are allowed 21 days for payment.
Total Amount Due: $175.00
26. Notice #1360900006799 - BCC vs. Robert D. Jovce
The Hearing was requested by the Respondent who was not present.
The County was represented by Lt. Harold Minch.
Date of Violation: August 3, 2009
Time: 7:25 AM
Location: Intersection of Vanderbilt Beach Road @ US 411Tamiami Trail N.
Lt. Minch presented the video for review by the Special Magistrate. He stated a
violation had occurred and information concerning the registered owner was obtained
by researching the vehicle's license plate, #090-KBJ.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay afine of$/25.00 and $50.00
19
November 17,2009
in administrative costs. The Respondent is allowed 21 days for payment.
Total Amount Due: $175.00
27. Notice #1360900043628 - BCC vs. K.D.D.. Inc. d/b/a Mr. Shower Door
The Hearing was requested by the Respondent who was not present.
The County was represented by Lt. Harold Minch.
Date of Violation: September 1, 2009
Time: 11 :09 AM
Location: Intersection of Vanderbilt Beach Road @ US 41/Tamiami Trail N.
Lt. Minch presented the video for review by the Special Magistrate and stated the
vehicle stopped as required by the Ordinance.
Finding the Notice of Hearing was properly served, the Respondent was found
NOT GUILTY of the alleged violation.
43. Notice #1360900011047 - BCC vs. Jose Perez
The Hearing was requested by the Respondent who had been present earlier but left
before the case was heard.
The County was represented by Lt. Harold Minch.
Date of Violation: August 10,2009
Time: 4:59 AM
Location: Intersection of Golden Gate Parkway@ Collier Blvd.
Lt. Minch presented the video for review by the Special Magistrate. He stated a
violation had occurred and information concerning the registered owner was obtained
by researching the vehicle's license plate, #X77-3UX.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay afine of$125.00 and $50.00 in
administrative costs. The Respondent is allowed 21 days for payment.
Total Amount Due: $175.00
**Supervisor Waldron stated the following cases were WITHDRAWN by the
County:
· Agenda #32, Notice #1360900047181 - BCC vs. Robert A. Lutz
· Agenda #47, Notice #1360900032431 - BCC vs. Sam Romano
46. Notice #1360900025005 - BCC vs. Marv Lvnn Roeller
The Hearing was requested by the Respondent who was not present.
The County was represented by Lt. Harold Minch.
20
November 17, 2009
Date of Violation: August 23, 2009
Time: 7:02 AM
Location: Intersection of Vanderbilt Beach Road @ US 411Tamiami Trail N.
Lt. Minch presented the video for review by the Special Magistrate. He stated a
violation had occurred and information concerning the registered owner was obtained
by researching the vehicle's license plate, #K95-5TE.
Finding the Notice of Hearing was properly served, the Respondent was found
GUILTY of the alleged violation and ordered to pay afine of$125.00 and $50.00 in
administrative costs. The Respondent is allowed 21 days for payment.
Total Amount Due: $175.00
IV. OLD BUSINESS: None
V. NEXT HEARING DATE - December 18,2009 at 9:00 AM, located at the Collier
County Community Development and Environmental Services ("CDES'') Building,
2800 North Horseshoe Drive, Naples, Florida, as corrected under Item II, "Approval
of the Agenda. "
There being no further business for the good ofthe County, the Hearing was
adjourned by Order of the Special Magistrate at 2:27 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
Brenda Garretson, Special Magistrate
The Minutes were approved by the Special Magistrate on
as presented _, or as amended
21