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CE-Intersection Safety Minutes 05/03/2010 May 3,2010 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGlSTRA TE INTERSECTION SAFETY PROGRAM Naples, Florida, May 3, 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," 3,d 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: LOCATION: May 3, 2010 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 - April 5, 2010 IV. PUBLIC HEARINGS A. Hearings I. NOTICE NO: 1361000049598 OWNER: BURKE, JOAN DEVITO OFFICER: STEVEN THOMPSON 2. NOTICE NO: 1361000039680 OWNER: BUSTAMANTE, MARCELO AND FRANCES A OFFICER: DA VID ESTES 3. NOTICE NO: 1361000049788 OWNER: DALO PLUMBING INC OFFICER: STEVEN THOMPSON 4. NOTICE NO: 1361000026943 OWNER: FARMER, RICHARD ALLEN OFFICER: CHRIS GONZALEZ 5. NOTICE NO: 1360900161651 OWNER: FERRANTE, PETER OFFICER: MICHAEL PEABODY 6. NOTICE NO: 1361000035993 OWNER: HOFFMAN, FRED M OR LINDA C ZYBURO OFFICER: DAVID J. JOHNSON 7. NOTICE NO: OWNER: OFFICER: 8. NOTICE NO: OWNER: OFFICER: 9. NOTICE NO: OWNER: OFFICER: 10. NOTICE NO: OWNER: OFFICER: I I. 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: 19. NOTICE NO: OWNER: OFFICER: 20. NOTICE NO: OWNER: OFFICER: 1361000043153 HOFFMAN, FRED M OR LINDA C ZYBURO CHRIS GONZALEZ 1361000064456 MESSERLY, ROBERT VINCENT STEVEN THOMPSON 1361000046545 MUNCY, JOAN R HAROLD MINCH 1361000054408 NEWMAN, GARY GOTTFRIED VIRGINIA WILSON 1361000010699 PINSKY, MICHAEL DA VID J. JOHNSON 1361000048806 ROCKOWER, BERNICE M HAROLD MINCH 1361000039664 ROZIO, IRENA DA VID ESTES 1361000070743 SACHS, HERBERT LEONARD LUKE ARNOLD 1360900185239 SPITZ, MARGARET G MICHAEL PEABODY 1361000046255 TARRANT, ADELINE E HAROLD MINCH 1360900179976 VEGA, GEORGE HAROLD MINCH 1361000016126 W W ENTERPRISES OF SW FLORIDA INC DAVID J. JOHNSON 1361000046156 WERTHEIM, MARK EDWARD HAROLD MINCH 1360900028694 YOUNG, LORETTA JOSEPH AMOROSI 2 V. OLD BUSINESS A. Motion to Rescind Previously Issued Order: VI. NEXT MEETING DATE June 7, 2010 at 9:00 A.M. located at the Collier County Government Center, 3301 Tamiami Trail, Building F, 3rd Floor, Naples, Florida VII. ADJOURN 3 May 3,2010 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 outlined by Special Magistrate Garretson. The Special Magistrate noted, prior to conducting the Hearing, Respondents were given an opportunity to speak with the Investigating Officer and view the video recording; the goal is to obtain compliance without being punitive. RECESS: 9:07 AM RECONVENED: 9:20 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 #1361000049598 - BCC vs. Joan DeVito Burke · Agenda #3, Notice #136] 000049788 - BCC vs. Dalo Plumbing, Inc. · Agenda #10, Notice #136]000054408 - BCC vs. Gary Gottfried Newman · Agenda #13, Notice #136] 000039664 - BCC vs. Irena Rozio · Agenda #] 9, Notice #1361000046156 - BCC vs. Mark Edward Wertheim (b) Under Item IV (A), "Hearings," the following cases were DISMISSED by the County: · Agenda #2, Notice #136]000039680 - BCC vs. Marcelo and Frances A. Bustamante · Agenda #6, Notice #136]000035993 - BCC vs. Fred M. Hoffman or Linda C. Zyburo · Agenda #7, Notice #1361000043]53 - BCC vs. Fred M. Hoffman or Linda C. Zyburo · Agenda #9, Notice #136]000046545 - BCC vs. Joan R. Muncy 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 - April 5, 20] 0: The Minutes of the Intersection Safety Program Hearing held on April 5, 2010 were reviewed by the Special Magistrate and approved as submitted. ~ May 3,2010 IV. PUBLIC HEARINGS A. Hearings: 4. Notice #136]000026943 - BCC vs. Richard Allen Farmer The Hearing was requested by the Respondent who was present. The County was represented by Lt. Harold Minch and Sgt. Chris Gonzalez. The Respondent resides at 28621 San Lupis Lane, Naples, Florida, and verified he is the registered owner of the vehicle. Date of Violation: January 23,2010 Time: 3:59 PM Location: Intersection of Airport-Pulling Road and 1mmoka1ee Road The Respondent questioned the authority of the Special Magistrate. The Special Magistrate referred him to Florida Statutes, Title XI, "County Organization and Intergovernmental Relations," Chapter 162 -- County or Municipal Code Enforcement. Lt. Minch presented the video for review by the Special Magistrate and noted the light had been red for 103 seconds when the Respondent's vehicle proceeded through it. The Respondent stated he was not driving the vehicle at the time of the incident. He refereed to "the Ordinance" stating the vehicle's driver is the responsible party. He cited from Ordinance 2008-22 of the"... failure of a vehicle 's driver to obey the traffic light ... " Lt. Minch referred him to Section 4 of the Ordinance citing: "The owner of the vehicle shall be responsible for paying the civil fine for the Notice Violation of this Article " and further stated the Ordinance does not require the driver to be identified. The Special Magistrate stated there was no defense presented that would qualify under the categories presented in the Ordinance and there was an admission by the Respondent that he was the owner of the vehicle. If the Respondent allowed other individuals to drive his vehicle with his pennission, he was responsible for the 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 daysfrom receipt of the Order to make payment. Total Amount Due: $112.50 ] 1. Notice #13610000]0699 - BCC vs. Michael Pinsky The Hearing was requested by the Respondent who was present. The County was represented by Lt. Harold Minch. , May 3,2010 The Respondent stated he resides at 1212 Carol Lane, Glencoe, Illinois 60022, and verified he and his wife are the registered owners of the vehicle. Date of Violation: January 6,2010 Time: 10:42 AM Location: Intersection of Pine Ridge Road and Livingston Road Lt. Minch presented the video for review by the Special Magistrate and noted the light had been red for 19.4 seconds when the Respondent's vehicle proceeded through it. The Respondent contended he made a short stop at the intersection. He asked if the County maintained the camera at the intersection and when the camera was last checked. Lt. Minch said the equipment is operated and maintained by American Traffic System. The Respondent stated there was a 2.5 second lag between Picture "A" and Picture "8." The Officer explained the photographs were taken at different times - one did not immediately follow the other. The Special Magistrate stated she did not see a stop and start in the video. The operational log was produced by Supervisor Waldron from the evidence packet. The Special Magistrate adjourned the Hearing to allow the Respondent to review the document. ]4. Notice #1361000070743 - Bec vs. Herbert Leonard Sachs The Hearing was requested by the Respondent who was present. The County was represented by Lt. Harold Minch. The Respondent resides at 760 Wiggins Lake Drive, Naples, Florida 34110, and confirmed he is the registered owner of the vehicle. Date of Violation: March 21, 2010 Time: 9:15 AM Location: Intersection of Immokalee Road and Airport-Pulling Road Lt. Minch presented the video for review by the Special Magistrate and stated the light was clearly red as the vehicle drove through the intersection. The Respondent stated he was not disputing the violation. He was objecting to the time it took to receive notification of the violation. On March 31, 2010, he received a notice from the Post Office concerning two Special Delivery letters which he retrieved the next day and found he was charged with two violations. He thought the purpose of the cameras was to catch drivers who ran red lights. He stated he did not "run" the light but made a turn on a red light. He called the office and was told he did not eome to a complete stop when turning. He paid the first fine. He was charged with a second violation that occurred several days later. He, again, did not dispute it but stated ifhe 4 May 3, 2010 had known he had violated the law in the first place, he would not have made the same mistake a second time. He stated it took over took over two weeks receive the notice. He objected to having to pay a second fine for the second Citation. The Special Magistrate stated the law requires a full stop at a red light before making a turn whether there is a camera present at an intersection or not. Lt. Minch stated if an officer had cited him, the fine would have been $238.00 and three points would have been charged against his license. The Citation Fees were discussed and the Special Magistrate noted the Intersection Safety Program does not assess points against the owner's license. The Respondent maintained notification process should be quicker. The Special Magistrate stated there was no exception within the Ordinance that applied to the Respondent's situation. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation and ordered to pay afine of$ 75. 00 for a 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 ** RE: Agenda #11, Notice #1361000010699 - BCC vs. Michael Pinsky, Lt. Minch stated the Respondent paid the fine and the case will not proceed to a formal Hearing. 5. Notice #1360900161651- BCC vs. Peter Ferrante The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: December 11,2009 Time: 12:49 PM Location: Intersection of Pine Ridge Road and Livingston Road Lt. Minch presented the video for review by the Special Magistrate. He stated the light was red as the vehicle approached and remained red as it proceeded through the intersection. The Special Magistrate stated there was 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$62.50 plus an administrative fee of $50. 00. The Respondent is allowed 21 daysfrom receipt of 5 May 3, 2010 the Order to make payment. Total Amoullt Due: $112.50 8. Notice #1361000064456 - BCC vs. Robert Vincent Messerlv The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: March 16,2010 Time: 9:51 PM Location: Intersection of Pine Ridge Road (at Seagate) and U.S. 4l!Tarniarni Trail N. Lt. Minch presented the video for review by the Special Magistrate. The light had been red for 34.8 seconds when the Respondent's vehicle proceeded through it. 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 $62. 50 plus an administrative fee of $50.00. The Respolldent is allowed 21 days from receipt of the Order to make paymellt. Total Amount Due: $112.50 12. Notice #136]000048806 - BCC vs. Bernice M. Rockower The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: February 24,2010 Time: 2:42 PM Location: Intersection of Vanderbilt Beach. Road and U.S. 41ITarniarni Trail North Lt. Minch presented the video for review by the Special Magistrate. The vehicle crossed from one lane around another vehicle into the turning lane, then proceeded through the red light. The Special Magistrate stated at least one violation had occurred. Finding the Notice of Hearing was properly served, the Respondellt 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 #]360900185239 - BCC vs. Mare:aret G. Spitz 6 May 3,2010 The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: December 27,2009 Time: 10:41 AM Location: Intersection of Airport-Pulling Road and Immoka1ee Road Lt. Minch presented the video for review by the Special Magistrate and noted while the vehicle had changed lanes, it had actually stopped. The Special Magistrate concurred. Lt. Minch stated the County will WITHDRA W the Notice. ]6. Notice #136]000046255 - BCC vs. Adeline E. Tarrant The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: December 20,2009 Time: 8:10 AM Location: Intersection of Immokalee Road and Airport-Pulling Road Lt. Minch presented the video for review by the Special Magistrate. The light had been red for 7 to 8 seconds as the Respondent's van approached and proceeded through the intersection. 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$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 17. Notice #1360900] 79976 - BCe vs. Georl!e Vel!a The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: December 23,2009 Time: 3:49 PM Location: Intersection of Vanderbilt Beach Road and U.S. 4l/Tamiami Trail North Lt. Minch presented the video for review by the Special Magistrate. The light had been 7 May 3, 2010 red for 25 seconds as the Respondent's vehicle approached and proceeded through the intersection. 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 $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. Notice #136]0000]6126 - BCC vs. W.W. Enterprises ofSW Florida, Inc. The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: January 12, 2010 Time: 2:08 PM Location: Intersection of Pine Ridge Rd. (at Seagate) and U.S. 41/Tamiami Trail N. Lt. Minch presented the video for review by the Special Magistrate. The light had been red for 48.7 seconds as the Respondent's truck approached and proceeded through the intersection. The Special Magistrate stated the Ordinance has been violated. 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 daysfrom receipt of the Order to make payment. Total Amount Due: $112.50 20. Notice #1360900028694 - BCC vs. Loretta Yount! The County was represented by Lt. Harold Minch. The Respondent was not present. Date of Violation: August 25, 2009 Time: 8:24 PM Location: Intersection of Pine Ridge Rd. and Livingston Road Lt. Minch presented the video for review by the Special Magistrate. The light had been visibly red for 68 seconds as the Respondent's vehicle approached and proceeded through the intersection. The Special Magistrate stated a violation had occurred. 8 May 3,2010 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 Respolldent 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: None VI. NEXT HEARING DATE: June 7, 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 ofthe Special Magistrate at 10:07 AM. COLLIER COUNTY SPECIAL MAGISTRATE Brenda Garretson, Special Magistrate The Minutes were approved by the Special Magistrate on. as presented _' or as amended 9