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CE-Intersection Safety Minutes 03/01/2010 March 1,2010 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE INTERSECTION SAFETY PROGRAM Naples, Florida, March 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 Cpl. Mike Peabody, Collier County Deputy Sheriff COLLIER COUNTY SPECIAL MAGISTRATE INTERSECTION SAFETY PROGRAM AGENDA DATE: March 1, 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 rules and regulations II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES - February 1, 2010 IV. PUBLIC HEARINGS A. Hearings 1. NOTICE NO: 1360900180354 OWNER: BENSON, SONJA OFFICER: MICHAEL PEABODY 2. NOTICE NO 1360900159283 OWNER BIGGS, AMY JOY OFFICER: JERRY GIBSON 3. NOTICE NO: 1360900160133 OWNER: BURNS, SANDRA ANGELA OFFICER: JERRY GIBSON 4. NOTICE NO: 1360900161362 OWNER: BURTON, JON CHRISTIAN AND LINDA ANNMARlE OFFICER: JERRY GIBSON 5. NOTICE NO: 1360900170769 OWNER: DECARO, FRANK F AND SHIRLEY M OFFICER: KAREN HEBEBRAND 6. NOTICE NO: 1360900157345 OWNER: DIAZ, WOODROW W OFFICER: JERRY GIBSON 7. NOTICE NO: 1360900175842 OWNER: DOE RINGER, RUSSELL CLIFFORD OFFICER: KAREN HEBEBRAND 8. NOTICE NO: OWNER: OFFICER: 9. NOTICE NO: OWNER: OFFICER: 10. NOTICE NO: OWNER: OFFICER: 1360900130961 FEINSTEIN, BRIAN ALEXANDER AND JENNIFER SUE MICHAEL PEABODY 1360900141554 FEINSTEIN, BRIAN ALEXANDER AND JENNIFER SUE JERRY GIBSON 1360900162931 FELIZ, ZULEIKA AIMEE HAROLD MINCH 11. NOTICE NO: 1360900179703 OWNER: FOSTER, CHERYL JO AND WILLIAM PRESTON OFFICER: MICHAEL PEABODY 12. NOTICE NO: OWNER: OFFICER: 1360900184513 HARRINGTON, JOSEPH E. KAREN HEBEBRAND 13. NOTICE NO: 1360900153468 OWNER: HERNANDEZ, MARlBELLA DIAZ OFFICER: HAROLD MINCH 14. NOTICE NO: OWNER: OFFICER: 15. NOTICE NO: OWNER: OFFICER: 16. NOTICE NO: OWNER: OFFICER: 17. NOTICE NO: OWNER: OFFICER: 1360900144616 HILAIRE, PIERRE RICHARD DAVID J. JOHNSON 1360900149078 HILAIRE, PIERRE RICHARD KAREN HEBEBRAND 1360900113058 HINSPETER, EUGENE JOSEPH PATRICK WILLIAMS 1360900136604 HOFFERBER, THEODORE ROBERT MICHAEL PEABODY 18. NOTICE NO: 1361000027982 OWNER: KARLIN, GLORIA C. OFFICER: CHRIS GONZALEZ 19. NOTICE NO: OWNER: OFFICER: 20. NOTICE NO: OWNER: OFFICER: 1360900180230 KARLIN, GLORIA C. MICHAEL PEABODY 1360900170850 KARLIN, GLORIA C. KAREN HEBEBRAND 21. NOTICE NO: 1360900177178 OWNER: KARLIN, GLORIA C. OFFICER: KAREN HEBEBRAND 22. NOTICE NO: OWNER: OFFICER: 1361000024484 KARLIN, GLORIA C. KAREN HEBEBRAND 2 23. NOTICE NO: OWNER: OFFICE: 24. NOTICE NO: OWNER: OFFICER: 1361000016084 KARLIN, GLORIA C. KAREN HEBEBRAND 1361000002498 KARLIN, GLORIA C. CHRIS GONZALEZ 25. NOTICE NO: 1360900156396 OWNER: KHOURY, ELIE OFFICER: DAVID J. JOHNSON 26. NOTICE NO: OWNER: OFFICER: 1360900139020 KURTH DALE A. AND KATHLEEN J. HAROLD MINCH 27. NOTICE NO: 1360900168714 OWNER: LEAMAN, DANIEL LYNN OFFICER: HAROLD MINCH 28. NOTICE NO: 1360900172146 OWNER: LEAMAN, DANIEL LYNN OFFICER: MICHAEL PEABODY 29. NOTICE NO: 1360900088318 OWNER: MARTENS, DANIEL OFFICER: PATRICK WILLIAMS 30. NOTICE NO: 1360900133387 OWNER: MCGEARTY, JEANNIE OFFICER: CHRIS GONZALEZ 31. NOTICE NO: OWNER: OFFICER: 1360900168292 MCMAHON, LUCILLE H. AND JEROME F. HAROLD MINCH 32. NOTICE NO: 1360900156545 OWNER: NOEL, FRANK W. AND RENEE M. OFFICER: MICHAEL PEABODY 33. NOTICE NO: OWNER: OFFICER: 34. NOTICE NO: OWNER: OFFICER: 1360900161230 PELICAN MARSH COMMUNITY DEV. DISTRICT MICHAEL PEABODY 1360900176295 PRICE, JUDITH DUNCAN KAREN HEBEBRAND 35. NOTICE NO: 1360900139558 OWNER: ROACH, JASMINE LAW ANDA OFFICER: KAREN HEBE BRAND 36. NOTICE NO: OWNER: OFFICER: 37. NOTICE NO: OWNER: OFFICER: 1360900148963 SCHROEDER, HELMUT RICH WILLIAMS 1360900184448 SIPE, SEAN P. KAREN HEBEBRAND 3 V. OLD BUSINESS A. Motion to Rescind Previously Issued Order: 1. NOTICE NO: OWNER: 1360900067650 THOMAS, JERALD DEAN VI. NEXT MEETING DATE April 5, 2010 at 9:00 A.M. located at the Collier County Government Center, 3301 Tamiami Trail, Building F, 3rd Floor, Naples, Florida VII. ADJOURN 4 March 1,2010 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: 9:07 AM RECONVENED: 9:19 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 #1, Notice #1360900180354 - BCC vs. Sonja Benson · Agenda #3, Notice #1360900160133 - BCC vs. Sandra Angela Burns · Agenda #6, Notice #1360900157345 - BCC vs. Woodrow W. Diaz · Agenda #11, Notice #1360900179703 - BCC vs. Cheryl Jo and William Preston Foster · Agenda #31, Notice #1360900168292 - BCC vs. Lucille H. and Jerome F. McMahon · Agenda #32, Notice #1360900156545 - BCC vs. Frank W. and Renee M. Noel · Agenda #33, Notice #1360900161230 - BCC vs. Pelican Marsh Community Development District · Agenda #36, Notice #1360900148963 - BCC vs. Helmut Schroeder (b) Under Item IV (A), "Hearings," the following cases were DISMISSED by the County: · Agenda #13, Notice #1360900153468 - BCC vs. Maribella Diaz Hernandez · Agenda #28, Notice #1360900172146 - BCC vs. Daniel Lynn Leaman 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 - February 1,2010: The Minutes of the Intersection Safety Program Hearing held on February 1,2010 were reviewed by the Special Magistrate and approved as submitted. 2 March 1,2010 IV. PUBLIC HEARINGS A. Hearings: 2. Notice #1350900159283 - BCC vs. Amv Jov Bh!2S The Hearing was requested by the Respondent who was present. The County was represented by Sgt. Chris Gonzalez. The Respondent resides at 4410 Fifth Avenue SW, Naples, Florida 34119, and verified she is the registered owner of the vehicle. Date of Violation: December 9,2009 Time: 11:22 AM Location: Intersection of Pine Ridge Road and Livingston Road The Respondent moved to dismiss the Citation against her based on Constitutional rights, and stated the State Legislature preempted the authority of Collier County to enact the Ordinance. The Special Magistrate DENIED the Respondent's Motion to Dismiss because she does not rule on Constitutionality issues. The Respondent was advised of her right to an appeal and was referred to the copy of the Ordinance available at the Hearing. The Respondent stated she had been informed the County did not have the jurisdiction to enact the "Code" because it violated the State's laws. The Respondent decided she wished to proceed with the Hearing and would not appeal the Special Magistrate's decision. The Special Magistrate verified the Respondent was withdrawing her Motion to Dismiss and asked the Respondent if she understood that, by proceeding with the Hearing, she was waiving any objection to the Constitutionality of the Ordinance. The Respondent stated she waived her objection. Sgt. Gonzalez presented the video for review by the Special Magistrate. He stated the Respondent's vehicle approached the intersection and proceeded through under a red light without stopping. The Respondent stated her car was a smaller vehicle that sits below most SUV's and trucks on the road which required her to pull into the intersection in order to see on- coming traffic without obstruction. The Special Magistrate agreed the Respondent's view was blocked by the vehicle next to her. The Respondent claimed to have paused to check on-coming traffic before proceeding. 3 March 1,2010 The Special Magistrate stated the Ordinance does not allow an exception for "pauses, " and drivers are required to come to a full stop before proceeding into an intersection. The Ordinance does not permit a "subjective standard," and must be applied fairly. The Respondent stated the cameras remove the human ability to assess a situation fairly. Sgt. Gonzalez stated the videos are reviewed by the Collier County Sheriffs Office before a Citation is issued, and concurred he would have issued a Citation had he been at the scene. The Special Magistrate found the Respondent to be in violation of 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 $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 17. Notice #1360900136604 - BCC vs. Theodore Robert Hofferber The Hearing was requested by the Respondent who was represented by his attorney, Jack Colgrove. The County was represented by Sgt. Chris Gonzalez. The Respondent stated he resides at 7512 San Miguel Way, Naples, Florida. Date of Violation: November 21,2009 Time: 3:47 PM Location: Intersection of Vanderbilt Beach Road and US-411Tamiami Trail N. Sgt. Gonzalez presented the video for review by the Special Magistrate. Attorney Colgrove moved to dismiss the charge against his client based upon the fact that the Florida State Legislature preempted the authority of Collier County to have enacted the Ordinance. The Special Magistrate reminded the Attorney she does not rule on the Constitutionality of the law. She stated she determines if a violation has occurred and applies the law as long as it is "good law" [not overturned). Mr. Colgrove again moved to dismiss the Citation on the grounds of unconstitutionality and preempted authority. He stated the Respondent will appeal. The Special Magistrate noted the Respondent has declined to go forward with the Hearing. 4 March 1,2010 Mr. Cogrove reiterated the Respondent has chosen to take an Appeal and does not waive his rights. 18. Notice #1361000027982 - BCC vs. Gloria C. Karlin The Hearing was requested by the Respondent who was present. The County was represented by Sgt. Chris Gonzalez. The Respondent resides at 5004 Maxwell Circle, Naples, Florida 34105, and stated she is the registered owner of the vehicle. Date of Violation: January 25,2010 Time: 2:04 PM Location: Intersection ofhnmokalee Road and Airport-Pulling Road The Respondent stated it took receipt of only one Notice of Violation to change her driving behavior. She was upset about the untimely manner in which she received her first violation notice. She has received seven Citations for the same violation at the same intersection. Sgt. Gonzalez presented the video for review by the Special Magistrate and stated the light was red when the vehicle was at the stop bar at the intersection and still red when it was in the intersection. The Respondent stated she did not receive the first notice of violation until January 28th and paid the fine immediately. A timeline was established for the various Citations: (1) Agenda #20 - Notice #1360900170850: occurred on 12/17/09, issued on 12/23/09 (2) Agenda #21 - Notice #1360900177178: occurred on 12/21109, issued on 12/29/09 (3) Agenda #19 - Notice #1360900180230: occurred on 12/23/09, issued on 12/29/09 (4) Agenda #24 - Notice #1361000002498: occurred on 12/31/09, issued on 01106/10 (5) Agenda #23 - Notice #1361000016084: occurred on 01112/10, issued on 01/15/10 (6) Agenda #22 - Notice #1361000024484: occurred on 01116/10, issued on 01126/10 (7) Agenda #18 - Notice #1361000027982: occurred on 01125/10, issued on 01128/10 The Respondent stated she drives through the intersection approximately four to five times a day and has had no further violations. She was informed by the Sheriff s Office that the purpose of the program was to change driving behavior and not to generate revenue, and stated the first fine paid should be sufficient. The Special Magistrate stated the purpose of the Ordinance is enforcement of the law. The Respondent stated the subsequent notices she received were all delinquent. She stated she had been receiving notices for Certified Mail that did not identify the sender. 5 March 1,2010 She called the hotline in Arizona to ask if the notices were sent via Certified Mail and was told "no." She received what she believed to be the first notice and paid it and then received six more. Supervisor Jen Waldron stated the County will withdraw Agenda Item #20 since the fine was paid. She verified all notices were initially sent via Certified Mail but the second notices were sent via regular mail because the initial notices were not retrieved from the Post Office. The Respondent produced the original Postal delivery notice, #7180 6324 6610 0087 4928, dated January 28th, which did not identify the sender. She stated, between her two jobs, she works from 8:00 AM to 7:00 PM and it is difficult for her to go to the Post Office. The Special Magistrate viewed the remaining videos in the following order: . Agenda #24 - Notice #1361000002498 . Agenda #23 - Notice #1361000016084 . Agenda #22 - Notice #1361000024484 . Agenda #21 - Notice #1360900177178 . Agenda #19 - Notice #1360900180230 . Agenda #18 - Notice #1361000027982 The Respondent was found to be in violation of the above-referenced Citations. The Special Magistrate stated the requirements of the Ordinance regarding service of the Notice of Violation were met and noted the Respondent did not regularly pick up Certified Mail by her own choice. The Respondent stated the Phoenix hotline told her the Notices were not sent via Certified Mail and she did not receive any Notices until January 29,2010. The Special Magistrate stated she could not assess a first-time offense fine due to the number of violations. She further stated the violations that occurred in December could have been caught in the holiday mail (Agenda #19-Notice #1360900180230, Agenda #21-Notice #1360900177178, and Agenda #24-Notice #1361000002498), and she would not assess fines for those Citations. But she would assess fines for the remaining Citations: · Agenda #23 - Notice #1361000016084, which occurred on 01/12110, · Agenda #22 - Notice #1361000024484, which occurred on 01/16/10 and · Agenda #18 - Notice #1361000027982, which occurred on 01125/10. Finding the Notice of Hearing was properly served, the Respondent was found NOT GUILTY of the alleged violation in thefollowing Citations: Agenda #19 - Notice #1360900180230, Agenda #23 - Notice #1361000016084, and Agenda #24 - Notice #1361000002498. 6 March 1,2010 Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation in the following Citations: Agenda #21 - Notice #1360900177178, Agenda #22 - Notice #1361000024484, and Agenda #18 - Notice #1361000027982, and was ordered to pay afine of $ 75. 00 plus an administrative fee of$50.00for Agenda #21, afine of $1 00. 00 plus an administrativefee of$50.00for Agenda #22, and afine of $1 00. 00 plus an administrativefee of$50.00for Agenda #18. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $425.00 The Special Magistrate noted U.S. Postal Service delivery notice, #718063246610 00874928, dated January 28,2010, was admitted into evidence as Respondent's Exhibit "A. " 26. Notice #1360900139020 - BCC VS. Dale A. and Kathleen J. Kurth The Hearing was requested by Respondent, Dale A. Kurth, who was present and also represented his wife, Kathleen J. Kurth. The County was represented by Sgt. Chris Gonzalez and Lt. Harold Minch. The Respondents reside at 28004 Westbrook Drive, Bonita Springs, Florida, and Mr. Kurth verified he is the registered owner of the vehicle. Date of Violation: November 18, 2009 Time: 7:49 AM Location: Intersection ofhnmokalee Road and Airport-Pulling Road Sgt. Gonzalez presented the video for review by the Special Magistrate. The Respondent contended he did stop, and viewed the on-coming traffic before he went through the intersection. Lt. Minch stated the vehicle did slow down but did not make a complete stop. The Respondent asked if the issue was where to stop versus actually stopping. He stated his vehicle stopped. Lt. Minch stated the State Statute and the County Ordinance require a vehicle to stop at the stop bar (the first white line) before proceeding into an intersection. The Special Magistrate stated the video did not show there was anything blocking the Respondent's vision. The Respondent stated there was a sign at the intersection which stated "Right on Red after Stop" but did not state the stop must be made at the stop bar. In order to view on- coming traffic, he pulled into the intersection before he completed the right-hand turn. The Special Magistrate stated the vehicle did not come to a complete stop. The Respondent stated he will appeal the decision. 7 March 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 27. Notice #1360900168714 - BCC vs. Daniel Lvnn Leaman The Hearing was requested by the Respondent who was present. The County was represented by Sgt. Chris Gonzalez. The Respondent resides at 5637 Whisperwood Blvd, #610, Naples, Florida 34110, and verified he is the registered owner of the vehicle. Date of Violation: December 16, 2009 Time: 1 :08 PM Location: Intersection of Pine Ridge Road and Livingston Road Sgt. Gonzalez presented the video for review by the Special Magistrate and stated the traffic signal was red as the Respondent's vehicle proceeded through the intersection. The Respondent stated his daughter is 21 years of age and this was her first series of violations. He stated he received three Notices but he did not find out until January 6, 2010. He paid the first violation which was dated December 12, 2009. Supervisor Jen Waldron noted Agenda #28 - Notice #1360900172146 was dismissed at the request of the Deputy Sheriff. The Special Magistrate called the Respondent's daughter, Cassandra Leaman, to testify. Ms. Leaman stated she was the driver of the automobile and stated she slowed as she made the turn, but has since learned she must stop before entering an intersection. She stated she has stopped every time since she received the notice. The Special Magistrate noted there was a truck blocking Ms. Leaman's view which contributed to her decision to enter the intersection. Finding the Notice of Hearing was properly served, the Respondent was found NOT GUILTY of the alleged violation. RECESS: 10:39 AM RECONVENED: 10:54 AM Supervisor Waldron announced the County WITHDREW the following cases: 8 March 1,2010 . Agenda #4, Notice #1360900161362 - BCC vs. John Christian and Linda Ann Marie Burton . Agenda #5, Notice #1360900170769 - BCC vs. Frank F. and Shirley M. DeCaro . Agenda #7, Notice #1360900175842 - BCC vs. Russell Clifford Doeringer . Agenda #29, Notice #1360900088318 - BCC vs. Daniel Martens . Agenda #34, Notice #1360900176295 - BCC vs. Judith Duncan Price 8. Notice #1360900130961- BCC vs. Brian Alexander and Jennifer Sue Feinstein The County was represented by Lt. Harold Minch. The Respondents were not present. Date of Violation: November 17,2009 Time: 4:36 PM Location: Intersection ofhnmokalee Road 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. The Special Magistrate noted pumping the brakes is not a full stop and determined a violation had occurred. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation and ordered to pay afine of $62. 50 plus an administrative fee of $50.00. The Respondents are allowed 21 days from receipt of the Order to make payment. Total Amount Due: $112.50 9. Notice #1360900141554 - BCC vs. Brian Alexander and Jennifer Sue Feinstein The County was represented by Lt. Harold Minch. The Respondents were not present. Date of Violation: November 24, 2009 Time: 5:37 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 did not stop at the red light. The Special Magistrate stated the Respondents were found to be in violation for a second time. Finding the Notice of Hearing was properly served, the Respondents were found 9 March 1,2010 GUILTY of the alleged violation and ordered to pay afine of$75.00 plus an administrativefee of $50. 00. The Respondents are allowed 21 days from receipt of the Order to make payment. Total Amount Due: $125.00 10. Notice #1360900162931 - BCC vs. Zuleika Aimee Feliz The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: December 12, 2009 Time: 1:31 AM Location: Intersection of Immokalee 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 12. Notice #1360900184513 - BCC vs. Joseph E. Harrin2ton The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: December 26, 2009 Time: 5:30 PM Location: Intersection of Golden Gate Parkway and Collier Blvd. 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 had 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 administrativefee of $50. 00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $112.50 10 March 1,2010 14. Notice #13609000144616 - BCC vs. Pierre Richard Hilaire The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: November 27,2009 Time: 1 :42 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 vehicle did not stop at the light which had been red for 34 seconds. The Special Magistrate stated a violation had occurred. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of $ 75. 00 (second offense) plus an administrative fee of $50.00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $125.00 15. Notice #1360900149078 - BCC vs. Pierre Richard Hilare The County was represented by Lt. Harold Minch. The Respondents were not present. Date of Violation: December 1, 2009 Time: 3 :23 PM Location: Intersection of Golden Gate Parkway and Collier Blvd. Lt. Minch presented the video for review by the Special Magistrate and stated the vehicle did not stop at the clearly visible red light. The Special Magistrate noted this was a third offense and stated a violation had occurred. Finding the Notice of Hearing was properly served, the Respondents were found GUlL TY of the alleged violation and ordered to pay a fine of $1 00. 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: $150.00 16. Notice #1360900113058 - BCC vs. EUl!ene Joseph Hinspeter The County was represented by Lt. Harold Minch. The Respondent was not present. 11 March 1,2010 Date of Violation: November 7,2009 Time: 10:22 AM Location: Intersection of Vanderbilt Beach Road and US 411Tamiami Trail N. Lt. Minch presented the video for review by the Special Magistrate and stated the vehicle did not stop at the light which had been illuminated for 15 seconds. The Special Magistrate stated, based on the evidence presented, a violation had occurred. Finding the Notice of Hearing was properly served, the Respondents were 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 pay. Total Amount Due: $112.50 25. Notice #1360900156396 - BCC vs. Elie Khourv The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: December 7, 2009 Time: 11:55 AM 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 had been red for 52 seconds. The Special Magistrate stated, based on the evidence presented, a violation had 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. TotalAmountDue: $112.50 30. Notice #1360900133387 - BCC vs. Jeannie McGeartv The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: November 19,2009 Time: 8:50 PM Location: Intersection of Pine Ridge Road and US 41/Tamiami Trail N. 12 March 1,2010 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 noted this was a second offense and stated, based on the evidence presented, a violation had occurred. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of $ 75. 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: $125.00 35. Notice #1360900139558 - BCC vs. Jasmine Lawanda Roach The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: November 18, 2009 Time: 6:44 AM Location: Intersection of Pine Road and Airport Pulling Road Lt. Minch presented the video for review by the Special Magistrate and stated the vehicle drove straight through the intersection at 45 miles per hour. The Special Magistrate stated, based on the evidence presented, a violation had 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 administrativefee of $50. 00. The Respondent is allowed 21 days from receipt of the Order to make payment. Total Amount Due: $112.50 37. Notice #1360900184448 - BCC vs. Sean P. Sipe The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: December 26, 2009 Time: 5:07 PM Location: Intersection ofhnmokalee Road and Airport-Pulling Road Lt. Minch presented the video for review by the Special Magistrate and stated the Respondent's vehicle entered and exited the intersection under a clearly visible red light. 13 March 1,2010 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 administrativefee 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. A2enda #1, Notice #1360900067650 - BCC vs. Jerald Dean Thomas Supervisor Waldron stated payment was made prior to the Order being issued. The Special Magistrate GRANTED the County's Motion. VI. NEXT HEARING DATE: April 5, 2010 at 9:00 AM, located at the Collier County Government Center, 3301 East Tamiami Trail, Building F, 3rd 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 11:10 AM. COLLIER COUNTY SPECIAL MAGISTRATE Brenda Garretson, Special Magistrate The Minutes were approved by the Special Magistrate on as presented _, or as amended 14