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CE-Intersection Safety Minutes 02/01/2010 February 1, 2010 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE INTERSECTION SAFETY PROGRAM Naples, Florida, February 1, 2010 LET IT BE REMEMBERED that the Collier County Special Magistrate Intersection Safety Program, 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 Lt. Harold Minch, Collier County Deputy Sheriff Sgt. Chris Gonzalez, Collier County Deputy Sheriff COLLIER COUNTY SPECIAL MAGISTRATE INTERSECTION SAFETY PROGRAM AGENDA DATE: February 1st, 2010 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 VERBATIM 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. I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding A. Hearing rnles and regnlations II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES - Jannary 8th, 2010 IV. PUBLIC HEARINGS A. Hearings 1. NOTICE NO: OWNER: OFFICER: 2. NOTICE NO OWNER OFFICER: 3. NOTICE NO: OWNER: OFFICER: 4. NOTICE NO: OWNER: OFFICER: 1360900067759 ABRAHAMSON, NEIL ALAN & JANICE C. MICHAEL PEABODY 1360900143535 BAKER, MICHAEL ALLAN RICH WILLIAMS 1360900075836 BARR, MARK SAMUEL & LYNN PARKS DANIEL MICHALSKI 1360900124832 BERRY, STEPHEN GLEN PATRICK WILLIAMS 5. NOTICE NO: 1360900107480 OWNER: BLAINE, JOHN M. OFFICER: PATRICK WILLIAMS 6. NOTICE NO: 1360900141489 OWNER: CARRERA, DIOGENES OFFICER: JERRY GIBSON 7. NOTICE NO: 1360900100279 OWNER: CARROLL, ALEX B. OFFICER: HAROLD MINCH 8. NOTICE NO: 1360900136638 OWNER: CA V ASENO, MICHAEL V. OFFICER: MICHAEL PEABODY 9. NOTICE NO: 1360900166205 OWNER: CHESSER, AMY LYNN OFFICER: MICHAEL PEABODY 10. NOTICE NO: 1360900109049 OWNER: CIECIERSKI, WALTER V. OFFICER: PATRICK WILLIAMS 11. NOTICE NO: 1360900122356 OWNER: FAZIO, CAROLL YNN M. OFFICER: PATRICK WILLIAMS 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: 1360900023216 FINN, NICHOLAS GERARD HAROLD MINCH 1360900130938 FULLER FUNERAL SERVICES INC. MICHAEL PEABODY 1360900090090 GAUGHAN, WILLIAM B. DANIEL MICHALSKI 1360900042109 GORE, DEBI J. & MILTON B. HAROLD MINCH 1360900035699 GROGOZA, STEPHEN M. HAROLD MINCH 2 17. NOTICE NO: OWNER: OFFICER: 18. NOTICE NO: OWNER: OFFICER: 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: OFFICE: 27. NOTICE NO: OWNER: OFFICER: 28. NOTICE NO: OWNER: OFFICER: 1360900120426 HALIT AJ, ILlRJAN PATRICK WILLIAMS 1360900071496 HOGAN, JAMES J. DAVID WHITT 1360900131795 IMBRIANO, ERNESTO HAROLD MINCH 1360900052835 JIMENEZ, JONATHAN JOSEPH AMOROSI 1360900118230 LAFORGE, DENISE L. HAROLD MINCH 1360900149250 LAMBERT, BRENT W. KAREN HEBEBRAND 1360900135457 LlNNENBACH, FRIEDRICH WILHELM MICHAEL PEABODY 1360900127785 LlTRAS, JEANNE M MICHAEL PEABODY 1360900092708 LOPERA, FELIPE PATRICK WILIAMS 1360900112779 MC NEICE, PATRICIA A. & JAMES W. PATRICK WILLIAMS 1360900087260 MOUNTFORD, WILLIAM E. DANIEL MICHALSKI 1360900138709 NICASTRO, CHARLES F. KAREN HEBEBRAND 3 29. NOTICE NO: OWNER: OFFICER: 30. NOTICE NO: OWNER: OFFICER: 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: 38. NOTICE NO: OWNER: OFFICER: 39. NOTICE NO: OWNER: OFFICER: 40. NOTICE NO: OWNER: OFFICER: 1360900089621 NIXON, DANIEL A. & JEANNE J. PATRICK WILLIAMS 1360900093540 NOUHI, ROYA PATRICK WILLIAMS 1360900071561 NUNEZ, LUIS R. DAVID WHITT 1360900072858 NUNEZ, LUIS R. HAROLD MINCH 1360900130359 OPPENHEIMER, WILLIAM MICHAEL PEABODY 1360900114916 PELICAN LARRYS SOUTH LLC PATRICK WILLIAMS 1360900081453 RENE, KESSINGER LEWIS HAROLD MINCH 1360900129054 RUSSO, ROBERT L. MICHAEL PEABODY 1360900086106 SABULA, DAVID PATRICK WILLIAMS 1360900132934 SALLY KRAMER'S FURNITURE OUTLET INC MICHAEL PEABODY 1360900091569 SIEBENMORGEN, H. GAIL PATRICK WILLIAMS 1360900092815 STREET, DAVID PATRICK WILLIAMS 4 41. NOTICE NO: OWNER: OFFICER: 42. NOTICE NO: OWNER: OFFICER: 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: 1360900122125 TESCHKE, ROBERT W. PATRICK WILLIAMS 1360900067650 THOMAS, JERALD DEAN MICHAEL PEABODY 1360900068823 THORNE, JOHN RICHARD & ALICE MARIE DAVID WHITT 1360900143550 TOPA,GELU JERRY GIBSON 1360900117042 TROWBRIDGE, THOMAS NORMAN PATRICK WILLIAMS 1360900113678 VERDES, CONSTANTIN PATRICK WILLIAMS 1360900117141 VICKERS, LUCILLE DENNIS PATRICK WILLIAMS 1360900186740 WALKER, DOUGLAS A MICHAEL PEABODY 1360900092559 WESSEL, PETER NICHOLAS PATRICK WILLIAMS 1360900151223 WILSON, JESSICA L. & KENNETH S. DAVID J. JOHNSON 1360900133874 ZEWALK, MICHAEL PATRICK & PATRICIA ANN MICHAEL PEABODY 5 52. NOTICE NO: OWNER: OFFICER: 1360900143568 ZIMMERMAN, JOHN F. DAVID J. JOHNSON 53. NOTICE NO: OWNER: OFFICER: 1360900080422 ZOCCHI, JOHN R. KAREN HEBEBRAND V. OLD BUSINESS A. Motion to Rescind Previonsly Issued Order: 1. NOTICE NO: 1360900019883 OWNER: ROSES FOOD MART, INC 2. NOTICE NO: 1360900054799 OWNER: ROBERT LARDIE VI. NEXT MEETING DATE March 1st, 2010 at 9:00 A.M. located at the Collier Connty Government Center, 3301 Tamiami Trail, Bnilding F, 3rd Floor, Naples, Florida VII. ADJOURN 6 February 1, 2010 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: 9:08 AM RECONVENED: 9:35 AM II. APPROVAL OF AGENDA: Jennifer Waldron, Code Enforcement Supervisor, noted the following changes: (a) Under Item IV (A), "Hearings," the following cases were WITHDRAWN by the County: . Agenda #2, Notice #1360900143535 - BCC vs. Michael Allan Baker . Agenda #3, Notice #1360900075836 - BCC vs. Mark Samuel Barr & Lynn Parks . Agenda #10, Notice #1360900109049 - BCC vs. Walter V. Ciecierski . Agenda #18, Notice #1360900071496 - BCC vs. James J. Hogan . Agenda #19, Notice #1360900131795 - BCC vs. Ernesto Imbriano . Agenda #21, Notice #1360900118230 - BCC vs. Denise L. LaForge . Agenda #23, Notice #1360900135457 - BCC vs. Friedrich Wilhelm Linnenbach . Agenda #24, Notice #1360900127785 - BCC vs. Jeanne M. Litras . Agenda #29, Notice #1360900089621 - BCC vs. Daniel A. & Jeanne J. Nixon . Agenda #31, Notice #1360900071561 - BCC vs. Luis R. Nunez . Agenda #32, Notice #1360900072858 - BCC vs. Luis R. Nunez . Agenda #33, Notice #1360900130359 - BCC vs. William Oppenheimer . Agenda #36, Notice #1360900129054 - BCC vs. Robert L. Russo . Agenda #41, Notice #1360900122125 - BCC vs. Robert W. Teschke . Agenda #43, Notice #1360900068823 - BCC vs. John Richard & Alice Marie Thorne . Agenda #51, Notice #1360900133874 - Michael Patrick & Patricia Ann Zewa1k (b) Under Item IV (A), "Hearings," the following cases were DISMISSED by the County: . Agenda #1, Notice #1360900067759 - BCC vs. Neil Alan & Janice C. Abrahamson · Agenda #5, Notice #1360900107480 - BCC vs. John M. Blaine 2 February 1, 2010 . Agenda #13, Notice #1360900130938 - BCC vs. Fuller Funeral Services, Inc. . Agenda #16, Notice #1360900035699 - BCC vs. Stephen M. Grogoza . Agenda #17, Notice #1360900120426 - BCC vs. Ha1itaj mrjan . Agenda #26, Notice #1360900112779 - BCC vs. Patricia A. & James W. McNeice . Agenda #30, Notice #1360900093540 - BCC vs. Roya Nouhi . Agenda #37, Notice #1360900086106 - BCC vs. David Sabula . Agenda #39, Notice #1360900091569 - BCC vs. H. Gail Siebenmorgen . Agenda #40, Notice #1360900092815 - BCC vs. David Street . Agenda #44, Notice #1360900143550 - BCC vs. Gelu Topa . Agenda #45, Notice #1360900117042 - BCC vs. Thomas Norman Trowbridge . Agenda #46, Notice #1360900113678 - BCC vs. Constantin Verdes . Agenda #50, Notice #1360900151223 - BCC vs. Jessica L. & Kenneth S. Wilson 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. APPROVAL OF MINUTES - January 8, 2010: The Minutes of the Intersection Safety Program Hearing held on January 8, 2010 were reviewed by the Special Magistrate and approved as submitted. IV. PUBLIC HEARINGS A. Hearings: 6. Notice #1350900141489 - BCC vs. Diol!enes Carrera The Hearing was requested by the Respondent who was present. The County was represented by Lt. Harold Minch. Mrs. J anire Carrera appeared as a witness. Mr. and Mrs. Carrera reside at 2016 Stage Brush Circle, Naples, Florida. The Respondent verified he is the registered owner of the vehicle. J anire Carrera stated she was driving the vehicle at the time ofthe incident. Date of Violation: November 24,2009 Time: 5:00 PM Location: Intersection of Collier Boulevard and Golden Gate Parkway Lt. Minch presented the video for review by the Special Magistrate. The Respondent stated she had no opportunity to stop because she was afraid of causing an accident, and the light had just turned from yellow to red. The Special Magistrate again reviewed the video and stated it did not appear as if any 3 February I, 2010 cars were behind the vehicle, and the Respondent could not have considered stopping because she did not slow the vehicle as it approached the traffic signal under a visible yellow light. The Special Magistrate further stated the light was fully red as the vehicle entered and drove through the intersection. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of $62. 50 plus an administrative fee of $50. 00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $112.50 22. Notice #1360900149250 - BCC vs. Brent W. Lambert The Hearing was requested by the Respondent who was present. The County was represented by Lt. Harold Minch and Sgt. Gonzalez. The Respondent resides at 500 Windemere Way, #105, Naples, Florida 34105, and verified he is the registered owner of the vehicle. Date of Violation: December 1, 2009 Time: 7:19 PM Location: Intersection of Pine Ridge Road and Airport-Pulling Road Lt. Minch presented the video for review by the Special Magistrate and stated the traffic signal turned red as the Respondent's vehicle approached the stop bar and ran the red light before the green arrow came on. The Special Magistrate asked the Respondent how he knew when the green arrow would come on. The Respondent stated he drives through the intersection on a daily basis. There is a one-second delay between the time the light turned from red to the green turn arrow. He further stated as he approached the intersection he looked to the left to view oncoming traffic and when he looked up, the green arrow was visible. The Special Magistrate stated at the time the Respondent's vehicle crossed the stop bar, the traffic signal was red and the Ordinance does not allow a driver to anticipate that a light will change to a turning arrow. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of $62. 50 plus an administrative fee of $50.00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $112.50 4 February 1, 2010 28. Notice #1360900138709 - BCC vs. Charles F. Nicastro, III The Hearing was requested by the Respondent who was present. The County was represented by Lt. Harold Minch. The Respondent resides at 1150 Wildwood Lakes Blvd., Unit #106, Naples, Florida 34104, and stated he is the registered owner of the vehicle. Date of Violation: November 22,2009 Time: 10:47 PM Location: Intersection of Collier Blvd. and Golden Gate Parkway Lt. Minch presented the video for review by the Special Magistrate and stated the traffic signal turned yellow as the vehicle approached the intersection. The light went through the full cycle, turned red, and the Respondent's vehicle proceeded through the intersection. The Respondent contended he was driving under the speed limit (39 in a 45 zone), the yellow light "ran quick," and moisture on the roadway did not permit him to make a controlled stop and he "rolled through" the light. The Special Magistrate stated she didn't see the Respondent's vehicle slowing as it approached the traffic signal and noted he had more of an opportunity to stop since he was driving under the speed limit. The Respondent questioned the real time of the video which appeared to run slow, and stated the video did not clearly depict actual circumstances. He claimed his vehicle crossed the stop bar as the light changed. Lt. Minch stated the video runs in real time, the yellow light ran for 4.5 seconds, there was no traffic on the roadway and the Respondent could have stopped. The Special Magistrate stated no brake lights were visible on the Respondent's vehicle. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of $62. 50 plus an administrative fee of $50. 00. The Respondent is allowed 21 days from receipt ojl the Order to make payment. Total Amount Due: $112.50 38. Notice #1360900132934 - BCC vs. Sallv Kramer's Furniture Outlet, Inc. The Hearing was requested by the Respondent who was present. The County was represented by Lt. Harold Minch. The Respondent stated her name is Sally Conrad, she resides at 128 Barfield Drive, 5 February 1,2010 Marco Island, Florida, and verified she is the owner of the vehicle and the business. Date of Violation: November 19,2009 Time: 2:00 PM Location: Intersection of Immokalee Road and Airport-Pulling Road Lt. Minch presented the video for review by the Special Magistrate and stated the vehicle did not stop but rolled through a solid red light. The Respondent stated her company owns two vehicles which are driven by five individuals and she did not know who was driving on that date. She further stated if a ticket had been issued by an Officer at the scene, he would have ticketed the driver and not the owner. She contended the practice was discriminatory. The Special Magistrate stated she is unable to rule on whether or not the Ordinance is constitutional. She advised the Respondent she has the right to appeal her decision to the Circuit Court within thirty days after the date of the Order, as allowed by the Ordinance. The Respondent noted a red truck was blocking the view of oncoming traffic and the vehicle went further into the intersection to obtain a clear line of sight. She also noted two quick hesitations. The Special Magistrate stated if the company vehicle had stopped after clearing the red truck, she would have found there was no violation. The Ordinance does not allow "hesitations" as a permitted exception. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of $62.50 plus an administrative fee of $50. 00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $112.50 Supervisor Waldron announced the following changes to the Agenda: (a) The County WITHDREW the following cases: . Agenda #8, Notice #1360900136638 - BCC vs. Michael V. Cavaseno . Agenda #27, Notice #1360900087260 - BCC vs. William E. Mountford . Agenda #34, Notice #1360900114916 - BCC vs. Pelican Larry's South, LLC . Agenda #47, Notice #1360900117141 - BCC vs. Lucille Dennis Vickers . Agenda #52, Notice #1360900143568 - BCC vs. John F. Zimmerman (b) The County DISMISSED the following case: . Agenda #25, Notice #1360900092708 - BCC vs. Felipe Lopera The Special Magistrate noted the Agenda will be amended to accommodate the 6 February 1, 2010 changes. 11. Notice #1360900122356 - BCC vs. Carollvnn M. Fazio The Hearing was requested by the Respondent who was present. David Webster appeared as a witness. The County was represented by Lt. Harold Minch. The Respondent' stated her name is Carol Lynn Fazio, and verified she is the registered owner of the vehicle. David Webster stated he was the driver of the vehicle at the time of the incident. They reside at 380 Sunrise Blvd., Naples, Florida 34110. Date of Violation: November 12,2009 Time: 12:04 PM Location: Intersection of Pine Ridge Road (Sea Gate)!US 41-Tamiami Trail Lt. Minch presented the video for review by the Special Magistrate and stated the traffic signal was red for 122.6 seconds as the Respondent's vehicle proceeded through the intersection. Mr. Webster stated he and Ms. Fazio are snowbirds who recently returned to Naples and did not know about the new law. He followed the traffic and felt it was safe to turn. He expressed regret and stated it will not happen again. He requested a Hearing in order to ask to have the fine reduced. The Special Magistrate stated the law has always required a vehicle to come to a complete stop at a steady red light before going forward. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of $62. 50 plus an administrative fee of $50.00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $112.50 4. Notice #1360900124832 - BCC vs. Stephen Glen Berrv The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: November 13, 2009 Time: 9:34 AM Location: Intersection ofImmokalee and Airport-Pulling Road Lt. Minch presented the video for review by the Special Magistrate and stated the vehicle approached, entered and proceeded through the intersection under a red light. 7 February 1, 2010 The Special Magistrate stated a violation was present. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of$62.50 plus an administrative fee of $50. 00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $112.50 7. Notice #1360900100279 - BCC vs. Alex B. Carroll The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: October 30, 2009 Time: 3:00 PM Location: Intersection of Immokalee Road and Airport-Pulling Road Lt. Minch presented the video for review by the Special Magistrate and stated the vehicle did not stop at the red light. The Special Magistrate stated the Respondent was found to be in violation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of$62.50 plus an administrativefee of $50. 00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $112.50 9. Notice #1360900166205 - BCC vs. Amv Lvnn Chesser The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: December 14,2009 Time: 3:25 PM Location: Intersection of Pine Ridge Road and Livingston Road Lt. Minch presented the video for review by the Special Magistrate and stated the vehicle approached the intersection under a red light and did not stop. The Special Magistrate stated, based on the evidence presented, a violation occurred. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of $62. 50 plus an administrative fee of $50.00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $112.50 8 February 1, 2010 12. Notice #1360900023216 - BCC vs. Nicholas Gerard Finn The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: August 21, 2009 Time: 5:33 PM Location: Intersection of Immoka1ee Road and Airport-Pulling Road Lt. Minch presented the video for review by the Special Magistrate and stated the vehicle did not stop at the light which was red for 137.9 seconds. The Special Magistrate stated, based on the evidence presented, a violation occurred. 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 plus an administrative fee of $50.00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $175.00 14. Notice #1360900090090 - BCC vs. William B. Ganl!han The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: October 24, 2009 Time: 3:23 PM Location: Intersection of Immokalee Road and Airport-Pulling Road Lt. Minch presented the video for review by the Special Magistrate and stated the vehicle did not stop at the red light which was clearly visible. The Special Magistrate stated, based on the evidence presented, a violation occurred. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of $62. 50 plus an administrative fee of $50. 00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $112.50 15. Notice #1360900042109 - BCC vs. Debi J. & Milton Gore The County was represented by Lt. Harold Minch. The Respondents were not present. Date of Violation: August 31, 2009 Time: 1:37 PM Location: Intersection of Immokalee Road and Airport-Pulling Road 9 February 1, 2010 Lt. Minch presented the video for review by the Special Magistrate and stated the vehicle did not stop at the red light. The Special Magistrate stated, based on the evidence presented, a violation occurred. 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 plus an administrative fee of $50.00. The Respondents are allowed 21 days from receipt of the Order to make payment. Total Amount Due: $175.00 20. Notice #1360900052835 - BCC vs. Jonathan Jimenez The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: September 6, 2009 Time: 9:46 PM Location: Intersection of Airport-Pulling Road and Immokalee Road Lt. Minch presented the video for review by the Special Magistrate and stated the vehicle did not stop at the light which was illuminated for 46.7 seconds. The Special Magistrate stated, based on the evidence presented, a violation occurred. 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 plus an administrative fee of $50.00. The Respondent is allowed 21 days from receipt of the Order to pay. Total Amount Due: $175.00 35. Notice #1360900081453 - BCC vs. Kessinl!er Lewis Rene The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: October 17,2009 Time: 5:49 PM Location: Intersection ofhnmokalee Road and Airport-Pulling Road Lt. Minch presented the video for review by the Special Magistrate and stated the vehicle did not stop at the light which was red for 24.3 seconds. The Special Magistrate stated, based on the evidence presented, a violation occurred. 10 February 1, 2010 Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of $62. 50 plus an administrative fee of$50.00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $112.50 42. Notice #1360900067650 - BCC vs. Jera1d Dean Thomas The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: October 6,2009 Time: 11 :22 AM Location: Intersection of Pine Ridge Road and Airport-Pulling Road Lt. Minch presented the video for review by the Special Magistrate and stated the vehicle approached the traffic signal under a clearly visible red light and did not stop. The Special Magistrate stated, based on the evidence presented, a violation occurred. 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 plus an administrative fee of $50. 00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $175.00 48. Notice #1360900186740 - BCC vs. Doul!las A. Walker The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: December 22, 2009 Time: 11 :44 AM Location: Intersection of Vanderbilt Beach Road and US/41 Tamiami Trail Lt. Minch presented the video for review by the Special Magistrate and stated the vehicle approached and exited the intersection under a red light without stopping. The Special Magistrate stated, based on the evidence presented, a violation occurred. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of $62. 50 plus an administrative fee of $50.00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $112.50 11 February 1, 2010 49. Notice #1360900092559 - BCC vs. Peter Nicholas Wessel The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: October 26, 2009 Time: 10:04 AM Location: Intersection of Collier Blvd. and Golden Gate Parkway Lt. Minch presented the video for review by the Special Magistrate and stated the speed of the Respondent's vehicle was 51 miles per hour with no brake lights visible as he entered and exited the intersection. The Special Magistrate stated the Respondent was in violation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of $62. 50 plus an administrative fee of $50. 00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $112.50 53. Notice #1360900080422 - BCC vs. John R. Zocchi The County was represented by Lt. Harold Minch The Respondent was not present. Date of Violation: October 17,2009 Time: 9:34 AM Location: Intersection of Immokalee Road and Airport-Pulling Road Lt. Minch presented the video for review by the Special Magistrate and stated the vehicle approached and exited the intersection under a clearly visible red light without stopping. The Special Magistrate stated, based on the evidence presented, a violation occurred. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of$62.50 plus an administrative fee of $50.00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $112.50 V. OLD BUSINESS: A. Motion to Rescind Previously-Issued Order: 1. Agenda #1, Notice #1360900019883 - BCC vs. Roses Food Mart, Inc. 2. Agenda #2, Notice #1360900054799 - BCC vs. Robert Lardie 12 February 1,2010 Supervisor Waldron stated payment was made prior to the Orders being issued. The Special Magistrate GRANTED the County's Motion. VI. NEXT HEARING DATE - March 1, 2010 at 9:00 AM, located at the Collier County Government Center, 3301 East Tamiami Trail, Building F, 3,d Floor, Naples, Florida, ***** There being no further business for the good of the County, the Hearing was adjourned by order of the Special Magistrate at 10:50 AM. COLLIER COUNTY SPECIAL MAGISTRATE Brenda Garretson, Special Magistrate The Minutes were approved by the Special Magistrate on as presented , or as amended 13