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PVAC Minutes 05/29/2002 SMay 29, 2002 PUBLIC VEHICLE ADVISORY COMMITTEE Special Meeting Minutes May29,2002 I. Call to Order Chairman Bryan L.S. Pease called the meeting to order at 9:05 a.m. He asked Ms. Hu to call the roll. Attendance: Members: Bryan L.S. Pease; Dan Shriner; Pat Baisley; and William J. Csogi Collier County Staff: Tom Palmer, Assistant County Attorney; Michelle Arnold, Code Enforcement; and Edna Hu, Code Enforcement Others: JoAnne Vishaway and Romona Alvarez II. Additions or Deletions Chairman Pease asked if there were any additions or deletions to the Agenda. Hearing there were none, he proceeded to the next item. III. Approval of Agenda Since there are no changes, Mr. Csogi moved to approve the Agenda, seconded by Ms. Baisley, carried unanimously. IV. Approval of Minutes: April 10, 2002 Mr. Csogi moved to approve the minutes of April 10, 2002, seconded by Mr. Shriner, carded unanimously. V. Notices USA Taxi submitted a change of color scheme for review. The company is changing the configuration of the current color scheme - red, white and blue - on all cars. A color photograph showing the new configuration was given to members. Mr. Csogi moved to accept the change of color scheme for USA Taxi, seconded by Mr. Shriner, carried unanimously. VI. New Business Two companies request approval to operate a vehicle for hire service. a. JoAnne Vishaway dbA Jo Jo'S Cab, Inc. Ms. Vishaway was present to represent the application. The Oath was administered. Mr. Csogi asked if the information missing from the previous time this application was presented to the Committee is now included in their packet. Ms. Hu responded that the credit report of the Vice President, the fictitious name filing, and the articles of incorporation are included. Mr. Csogi asked Ms. Vishaway if there was a list of May29,2002 managers, she affirmed who they were and said she has a copy for the members. He asked Ms. Hu if the credit references as submitted were correct; if the vehicle listing form and the land and zoning certificate was included; and if the criminal background check was completed. Ms. Hu responded that Ms. Vishaway would purchase the vehicles upon approval, that she has a price quote from an insurance company, that the land and zoning certificate application was filed, and that the criminal background check was completed and clear at the time of first review for both Directors of the corporation. Mr. Palmer wanted to clarify for the record that they cannot calibrate the rates at $.35 per fifth mile in the meters according to a report by the consultant. Instead, they will use $.40 per fifth mile. Mr. Shriner moved to accept the application for the second time with items to be submitted: automobile, insurance of auto, and occupational license, seconded by Ms. Baisley, carried unanimously. b. Abel'S Sweet Jam N Limo, Inc. Romona Alvarez was present to represent the application. The Oath was administered. Mr. Csogi commented that the registration was printed over the insurance copy and needs to be redone, and the insurance needs to be in the corporate name listing the Board of County Commissioners. He said that it was a full application and that this was the only item needed. Mr. Shriner asked if they were licensed in Collier County and if they had let their certificate expire. Ms. Alvarez responded that it was pta'chased for personal use, but when they decided to rent it out, they were not aware of the steps required for licensing. Mr. Pease said that they were on the code enforcement list and he was appreciative that they are working to be in compliance. Mr. Csogi moved to approve the application based on the insurance certificate being redone listing the corporation name and the Board of County Commissioners, seconded by Ms. Baisley, carried unanimously. VII. Hearing Chairman Pease began the hearing process by acknowledging Mr. Csogi's efforts to step up the enforcement efforts and bring matters to a hearing format. He stated that any person that decides to appeal a decision by this Board will need a record of the proceedings, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes testimony and evidence upon which the appeal is to be based. a. Abel's Sweet Jam N Imo, Inc. Mr. Pease stated that this person has resolved the matter. Mr. Palmer asked if the County was going to withdraw the complaint against them. Ms. Arnold confirmed that they are now in compliance and asked if the Committee would give them a penalty since they were operating without a certificate to operate. Mr. Pease said he was not in favor of a penalty, saying that the mission is to bring those not in compliance, into compliance. He said that is in the best interest of the community. Mr. Csogi and Ms. Baisley concurred. May 29, 2002 Mr. Shriner also concurred, but noted that the company was in business before and knew that there was certain licensing required by the County. b. A-1 Limo Mr. Pease asked if anyone was present to represent the company. No representative was present. When asked if there was evidence of process, Ms. Arnold explained that they sent two certified letters, one for the prior hearing and one for this hearing. She said that the first notice was received and signed for. For this hearing, the certified mail was returned unsigned. Other efforts made to contact this company were unsuccessful. It was noted that the company is based out of Ft. Myers. Mr. Pease asked Mr. Palmer if service of process was accomplished. Mr. Palmer said that if the letter on March 29th notifies the meeting on April 10th, and if at the April 10th meeting the matter was continued to this meeting, then there is proper notice. However, it was determined that the April l0th meeting was continued indefinitely without a date and time certain. Mr. Palmer said that without a date and time certain at the last meeting, proper notice was not given. Ms. Arnold said that she sent notice by certified mail and published the notice in the newspaper. Mr. Palmer said that in order to have effective notice by publication, notice must be published four consecutive weeks in the newspaper per law. He advises the Board not to hear cases that have not had effective service. He said that the Lee County Sheriff could serve notice to the company. Mr. Pease asked what other County boards do for notification. Ms. Arnold explained that the Code Enforcement Board uses certified mail, puts one notice in newspaper, and attempts service like they did in this case. She said that they post notice on the property for ten days. Mr. Palmer said that posting on property is effective service, but that property was not posted in this case. He advises serving notice to this respondent in any method allowed by the PVAC Ordinance with a specific date, time and place, such as: private process server; sheriff's process server; or posting notice in Collier County newspaper for four consecutive weeks. He said that some other method than the four publications must be attempted, such as notice by certified mail, and that certified mail will work every time as long as it is accepted and return receipt received. Mr. Palmer wasn't sure if a resident agent must accept registered mail, but they must accept service of process by Sheriff or private server. Mr. Palmer said that the notice must tell them the date, time and place of the hearing, and that the generic notification letter the department uses is good. Mr. Csogi made a motion to use the Lee County Sheriff's office and give them twenty days to give service, if after that time there is no response, then the staff should place four consecutive weeks of advertisements. Ms. Arnold wanted to clarify if they would proceed with the hearing without the person present. Mr. Palmer responded that they are not required to be here if they are served, and that if there is due process, then there is recourse. He stated that the Attorney's office is able and willing to help staff present this case. Mr. Csogi restated the motion, to use the Sheriff's office twenty days or less to serve notice, if not able to do so, then the staff should place four weeks of consecutive May 29, 2002 advertisements in the newspaper. Motion was seconded by Ms. Baisley and carried unanimously. To accommodate this timeframe, the members discussed having the next meeting in August. c. Diamond Limousine Service This matter was deferred to the next meeting. There were no representatives present. d. Gatsby Limo Mr. Palmer said that there was proper service to the company. There were no company representatives present. Ms. Arnold said that she spoke with the company and they said that they are not operating in Collier County, that the yellow pages advertisement is in error, and the phone number published in the ad is wrong. This is stated in a letter from the company. She said she called the number in the advertisement and got an answering machine, not a business line. Mr. Palmer said that the ad in the Naples phone book does not mean that they are offering services in Collier County. Mr. Pease spoke about the expense of placing an ad in the Naples yellow pages phone book, that no company would place the ad if they weren't going to provide service there. Mr. Palmer said that they could make a finding that the ad was evidence. He said that the text of the Ordinance implies that the ad is a violation, that they are advertising services in the Collier County phone directory implies that they are in fact offering services in the County. Mr. Shriner asked where the mailing address was, Ms. Arnold responded that it was in Cape Coral. Mr. Pease recommended that staff attempt to obtain transportation service from the company to see if they do operate in Collier County and receive verification. Mr. Csogi said that the ad should have their permit number as required, if they do operate in the County. He asked if their fines can be retroactive if it is shown that they do operate in the County. Mr. Palmer said yes, they can assess fines at $25.00 per day preceding the hearing if they find the company in violation. The company has been notified of the requirements and they have stated, in writing, that they do not provide service in the County. Mr. Palmer advised sending the company a letter if they find this ad violates the Ordinance, and they do provide evidence, then it will be brought before the Board. Mr. Pease moved that this matter appear under Old Business for the next meeting and directed staff to spot check the company multiple times to see if the company will transport in the County. The motion was seconded by Mr. Shriner, carries unanimously. Ms. Arnold said that there two separate alleged violations; the advertisement and the certification of doing business in the County. Mr. Csogi moved to enter the phone book advertisement into evidence as Exhibit A for a vehicle to hire without a license, seconded by Ms. Baisley, motion carries unanimously. VIII. Old Business Mr. Csogi asked if a letter had been drafted, Ms. Arnold said yes. May29,2002 IX. Complaint Report There were no new reports XI. Announcements There were no announcements XII. Next Meeting Date The next meeting will be in August, 2002, date to be announced. XIII. Adjournment Mr. Csogi moved to adjourn the meeting, seconded by Mr. Shriner, carried unanimously. The meeting adjourned at 10:15 am.