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PVAC Minutes 08/08/2002 RAugustS, 2002 County Public Vehicle Advisory Meeting Building F, 3rd Floor 3301 Tamiami Trail E Naples, FL 34104 MINUTES August 8, 2002 Attendance Members: Pat Baisley Dan Shriner Chairman William J. Csogi Allen Walburn Eric Hyde - absent Staff: Michelle Arnold - Code Enforcement Ekna Heo - Code Enforcement Tom Palmer Public Speakers: Jack Radenfeld - USA Limo Russ Beasley Janet Powers - Operations Manager Code Enforcement August8,2002 Chairman William Cosgi called the meeting at 9:05 a.m. Michelle Arnold stated that they received a formal announcement that Brian Pierce resigned. There is now a vacancy and a posting for this position. Chairman Csogi asked if there were any additions or deletions to the agenda. Michelle Arnold stated that she may want to consider adding an election of officers since a vice chair is now needed. It is up to the committee to decide on this. Chairman Cosgi wanted to have the election at this meeting for the vice chair position. Allen Walbum nominated Pat Baisley for vice chair, and Dan Shriner second it. All were in favor of this nomination. Chairman Cosgi wanted to review the driver ID's and background checks. He wanted to add this to old business. Pat Baisley made a motion to approve the agenda; all were in favor of the approval of minutes. Allen Walburn made a motion to approve the May 29, 2002 minutes and Dan Shriner second it. All were in favor of the approval of minutes. Chairman Cosgi began the discussion on the next item regarding Sunset Transportation. Ekna Heo, from Code Enforcement, stated that Mr. Melvin Johnson wanted to ask the committee to skip the application process because he had a company and he applied for it 2-3 years ago. She stated that he never renewed it, so his application was cancelled. He wanted to ask committee if could skip the application process. Chairman Cosgi replied and said we caught him operating this past year w/out a certificate and his excuse is that since he has already had a permit in the past he wants to skip the process and be granted a renewal of his permit. Chairman Cosgi did not agree. Allen Walbum wanted to know why he wasn't at the meeting to testify. Ekna said he was supposed to be here. Dan Shriner began to discuss this issue. He stated this was done in 2000, then his permit ran out in January 2000, then he came in march of 2000 and asked for renewal at that time. Was concerned whether he paid for the days that he did business for the days that his permit was not renewed. He wanted to know if code enforcement was going to bill him or make him pay the $8 a day. Michelle Arnold said there was a request to waive his application requirements because he had a prior license to operate. Tom Palmer said if he wanted to make a special situation of this he would have to get it docited and make some kind of petition to the board to consider. He said it is a nullity as far as viable application and as far as having it a special case. Dan Shriner referred to the April minutes that came in that month, and was told they could not help him. Dan stated that he is very concerned whether he paid the $8 a day. Chairman Cosgi asked if this was one of the people who there was a complaint against. Chairman Cosgi said he put in a complaint for this company, Sunset Transportation. Again, Allen Walburn expressed that this shouldn't even be an issue if Mr. Johnson isn't willing to come before the board to testify. He also stated that going through code enforcement seems inappropriate. Tom Palmer stated that he has two options; either ceases to do business or come in and get recertified. Tom Palmer also stated that the new ordinance says if you reapply a year later, five years later, and you owe the county money, one must pay in full to be recertified. He stated any past dues would have to be paid. Tom doesn't see any factual basis for a waiver and doesn't AugustS, 2002 even think the ordinance contemplates anything like a hardship to waiver in these matters. Chairman Cosgi feels they should write a letter to him so he can come in. Russ Baisley, a public speaker, had a couple of questions, one on driver certification. He stated that taxi drivers and school bus drivers are in a very tough market. He stated that it is tough for guys to spend $50 on a permit. If the permit process is going to take place, it should be done when the vehicle is renewed. He stated that it is difficult and time consuming for the county to do and that there should be some grace issues for guys who have been driving for 4 or 5 years and that they should be grand fathered in. Michelle Arnold wants to know how one gets grand fathered in when it is required to show documentation. Russ feels that it should be put into consideration to deregulate taxi fares because the market is changing. Lastly he wanted to know what the board's position is on false filing, if operator comes to you and submits a document incorrectly. Tom Palmer stated that the Statutes apart from county ordinances address these cases, and it may be a misdemeanor or a felony. If there is a violation it may be more appropriate and more efficient to bring this to the state attorney's office if in fact it is forgery. If it's forgery and it is submitted to the government and one is trying to get a permit or permission this is another matter and more aggravated situation. Russ gave out a copy of the lease that was allegedly forged while the client was out of the country. The public speaker gave the committee a copy of the lease that was signed. Russ submitted this to code enforcement. Michelle Arnold stated that code enforcement has already looked at it and has passed it on to the county attorney's office without respect that the county no longer permitted the vehicle. In turn this was not an issue. A copy of documents was sent to the notary to advise that the notary notarized w/out the proper present. Allen Walburn asked what this has to do with the committee. Tom Palmer agreed and said why would this document be presented to code enforcement. Dan Shriner stated he pushed it out in January when he first came on the board. He also said he does not want to make a move on this unless someone around him wants to take care of this issue as well. He stated that this situation is a concern and an important issue. It was noted that the person being discussed is still working, but not w/the same vehicle. Tom stated that if some action is going to be taken, it should be by the state attorney's office. Allen Walburn made a motion to submit all of the documentation to the state attorney involved in this case. He feels that they don't have enough facts to go on. Michelle Arnold requested that the matter be presented from county attorney's office so it is appropriately stated to the state attorney's office. Dan stated that the two company's paperwork since 2001 has been brought up frequently to the board. Public Speaker Russ Beasley wanted to ask one last question. He wanted to make aware and request to make policy or judgment so if in the future code enforcement is brought this type of situation again they will be able to follow certain steps that would need to be honored. Tom Palmer stated that anytime someone submits a forged or false document, the ordinance states that this is basis to revoke the certification for the company. He stated that the vehicle should not have been certified because it was not leased to that company, He thinks they have a basis to try to prove that the documents are forged. He stated that worst-case scenario, they revoke the certification to the company. Allen Walburn wants to amend the motion to turn the documents to the state attorney for review. He feels the law should takes it course first before the board or have a hearing here first. Chairman AugustS, 2002 Cosgi feels that they can do both based on the one document. Tom said could run the two concurrently. Dan Shriner second the motion to bring documentation to state attorney. All were in favor of this motion. Chairman Cosgi also made a motion to start a hearing process to review this document if in fact it was forged and proceed with hearing on Naples Taxi and the other taxi company. Chairman Cosgi wants to look at documentation and evidence that they could come up with and contact the companies involved and any witnesses involved. Chairman Cosgi amended his motion. He stated that the code enforcement contact will contact the contact and the proper offices and ask how to proceed and if there is enough documentation to review and lastly, how to review for the hearing date. Allen Walbum second the motion. All were in favor of this motion. Jack, a public speaker, wanted to discuss the color still an issue with code enforcement He stated that he sent a letter to PVAC on August 2, 2002. Michelle Arnold said item was put on the agenda just for clarification on whether there was a time flame discussed when the color scheme was brought before the board. Jack stated that this is not a color scheme issue, but a configuration that needs to be changed. Michelle Arnold stated that the definition of color scheme includes not only color but also logo and everything else. She questioned whether the board approved the continuation of both color schemes, including logos and everything else included in color scheme. She wanted to know if this was the board's intent. Jack thought everything was approved with letter sent to the board. Tom said he can't reopen the matter, seeming it is an exercise of discretion and it's done. Chairman Cosgi asked if the board could set a time frame for 1 year from letter, June 1st Allen Walburn made motion that USA cabs will all comply with color schemes on or before June 2003. Pat Baisley second this motion. All were in favor of the motion. Michelle Arnold stated the executive summary provided information about the matter at hand with A-1 Limo; one of the companies's inquired about doing business without a permit for operation. She stated she has the receipt of an invoice and an affidavit of violation. Ekna Heo read statement of violation section 142-40 of ordinance 2001-75, the Collier County vehicle for hire ordinance. In this was the date of violation, June the 5th, June24th, the day the violation should have been corrected, and June 7th, the date ofreinspection. Janet Powers, Operations Manager Code Enforcement, gave out a packet w/the executive summary, which follows with the code case, affidavit of violation, and lastly the receipt with notice of violation that was submitted to the driver. Based on the recommendation of the PVAC, a sting operation was performed attempting to contact the companies that were operating without a certificate. Janet stated she made a telephone call on June 5th through A-1 limo. She went though her situation with A-1 limo as noted in the packet. 4 August 8, 2002 On June 7th the driver showed up and took to the proper destination, the driver was paid and notice of violation and notice of hearing was personally served on the driver. The limo had an insignia on both doors, no name on it, and noticed there was a current sticker on back bumper (collier county permit). Ekna Heo referred to the executive summary and how it gives a brief synopsis of what happened on that day. Pat Baisley asked that A1 limo sent a certified vehicle to pick up Mrs. Powers. She also stated that the problem is that they are advertising service without out a permit. Ekna Heo stated they have not yet established the driver ID. Ekna wanted to mention that a couple of company's who do not have enough vehicles, may call some other company to do the pick up even though they still do the transaction. Dan asked Janet Powers whether he told her he was with Elite or if he gave her a card. She said he did not mention what company he was with and he did not give her a card. Dan felt that it would be necessary to get records from June 7th from both companies in order to look into more. Chairman Cosgi feels there is a clear-cut violation, with backup of this. He wants to move this along properly. He asked if there were any other questions from the board or the public. It was stated that the evidence from code enforcement showed there was a violation here, one that they advertised in the phone book w/out a permit, secondly that they pick up Mrs. Powers and were paid and received a receipt beating there name that was in the phone book without out a permit. Allen Walburn asked if know who parties of A1 limo, and do we have any documentation of them making an application to be a transportation company and do they exist other than the add in the yellow pages. Ekna replied and said she looked it up under the corporation's site and she said they cease to exist or they are under another name. (Bentley Swanson) Michelle Arnold stated that according to corporate registry, it's an individual w/the business in Fort Myers. Chairman Cosgi stated they need to consider the gravity of the violation, whether there are any previous violations. He stated they need to consider an action, which will include a fine that will not exceed $250 a day and they need to set a date for compliance. There was some discussion on the amount that can be fined. Michelle stated that under code enforcement board rules, they have the ability to fine someone up to $250 a day, but in your ordinance you have a fine amount of $25. Allen asked code enforcement if they were still under operation since the violation or did they cease operation. Ekna Heo stated that they had not been notified of either. Tom stated that this is a specific incident on this day and evidence represents that there was a violation on this day and there is no question the board can not fine the $25 a day, but there are no facts whether they continued to do this. He feels that they can get cooperation from the Lee County authority that regulates cabs in that area and find out what is going on here and what the relation is between the parties. He feels there is clear evidence that there is a violation that occurred on this particular day. There was some discussion on ways to find out if the business is still operating in order to know if still in violation. Supposed if made a phone call and testified and the company in fact was offering service in Collier County today, it would be a reasonable presumption that the company has been offering service from the date of violation, from June 7th up until today. August 8, 2002 Tom Palmer said there is a legal issue to whether a violation up to today is noticed. Michelle Arnold said the only thing they are factually in violation of from the time the notice was put in the paper from when served company on June 7th is the advertising in the phone book. Tom Palmer said they don't know if they are continuing to offer services in Collier County after June 7th as the matter of the record evidence. Allen Walbum suggested that they take a quick break to make a phone call to the company to try and find out if they are still in operation. Tom stated that they are not being charged with any violation subsequent to this time. Dan brought to attention the address on the receipt. Ekna stated that the receipt shows a Golden Gate address but when this address was checked, they have the Fort Myers address registered. She stated that this address does not show up in any records. Chairman Cosgi asked Tom Palmer how to proceed based on the documents at hand. Tom stated that even if they prove that they are operating today, there is a question about whether there is a notice on a continuing violation. Chairman Cosgi stated that in future when doing a sting operation like serving a notice, ! 5-20 days after it has been served, go back and go through the process again before coming to a hearing. Tom Palmer said to do so when this happens. Allen Walbum stated that the $25 is insignificant and asked whether the committee can bring back evidence to the next board heating. Tom stated that the heating may be continued for certain purposes. Chairman Cosgi asked for the committee's opinion on whether there is enough evidence to show that a violation occurred. The committee agreed that a violation did occur. Chairman Cosgi also asked if the board thinks because the violation occurred should they continue the hearing, get more evidence so then can attach a large fine and get into the Elite issue at the hearing. It was stated that if the board was going to go after Elite then they need to have a charging document. It was suggested that staff call Elite and find out what's going on between Elite and A1 limo to get a clear picture, to see if Elite is in violation as well. It was stated that the committee needs to find relationship between A1 and Elite. Tom Palmer will prepare an order for the chairs signature that finds there was a violation on June 7th at least and if then if want to continue matter of further evidence, whether this situation is a continuing problem that maybe they can get assistant from A1 Limo in Fort Myers. Chairman Cosgi made a motion to continue this hearing in order to gather information whether or not A1 limo is continuing their operation or if they have ceased business. Allen Walburn second the motion. All were in favor of this motion. OLD BUSINESS Michelle Arnold and Ekna Heo stated that Diamond Limo service and Gatsby Limo are two other businesses set up with sting operations. They stated that Diamond Limo never responded and Gatsby had car problems, but they agreed. They will try again to have a full execution of service. August 8, 2002 Chairman Cosgi said that they will take Diamond Limo off the agenda, but will continue w/Gatsby Limo. Chairman Cosgi referred to item C under old business about driver id's and background checks. Michelle stated that the resolution was brought before the board of county commissioners at there last meeting and they approved the resolution to authorize the staff to assess the fees for background checks as well as the issuance of driver ID's. She stated that this process may be started as soon as possible. Chairman Cosgi thinks that a notice should be sent out to everyone that his has passed through this process. It will state the person has between the date of the letter and January 31st to get their certification. Michelle said it would be easy to put out a notice. She also stated that if the company can at least provide some information on drivers in advance then they could request background checks, because this will be time consuming. Chairman Cosgi made a motion and Pat Baisley second the motion. All were in favor. COMPLAINT REPORTS Ekna Heo stated that an individual submitted an application that had been conducting business prior to. Someone called in and said this person is conducting business although the application is incomplete but is being completed. The individual is aware that he may not be operating business until the application is complete. ANNOUNCEMENTS Michelle Arnold stated that Jack Radenfeld had some complaints that are several years old and is not sure if staff can do anything w/them, but will look at each one individually. Chairman Cosgi stated that recent complaints are in regards certain areas in Collier County that have had several individuals picking people up that are not certified. Michelle Arnold stated that it was suggested that we look at the bus schedule and see who is waiting there ready to conduct business. She is not sure if it is a violation just to sit at the bus station. She stated that she needs to actually see an exchange of money and see business conducted in order to be a violation. She also stated that an unmarked vehicle may be someone's relative or someone of this nature picking an individual up. In turn this is going to be a very time consuming process. Dan Shriner said there should be log records of these cars. He explained that people have been parking certified vans downtown. He stated that some of these people are hocking people to solicit business. Michelle Arnold stated that they rely a lot on city police for the enforcement of this since they are familiar with the ordinances regarding this matter. August 8, 2002 It was asked by the committee if a member witnesses a violation of a taxi, could they get the taxi's tag number and report it. Michelle Arnold stated if a member is traveling and sees a violation they take down info needed because this would be very helpful to the staff. Chairman Cosgi says there is a vacancy for a position on the committee. He asked if there is a section where it mentions if a member misses two or meetings, should they be removed from the board. Michelle Arnold said this only applies to permanent members on the board. She stated that Eric Hyde is a non-affiliated member. She stated that they need two positions filled and they need to be affiliated members. Referring back to A1 Limo, Tom Palmer stated that ifa phone call to A1 limo was made asking if they provide service from Collier County, and set up an appointment at a special time and place and they say yes, he feels that this is enough evidence that they are still doing business in Collier County without having to go through any other evidence. Chairman Cosgi reopened the meeting, which was closed only for a few minutes. Jack stated he is going to hold his complaints tmtil the next meeting. He gave Michelle 20-50 copies of complaints, specifically the recent ones mostly about black cars by Checker. Jack feels that soliciting is a violation. He stated that if car is at bus station and doesn't have a name of person or a reservation to pick up, then this is a violation. Chairman Cosgi requested to have copies of these complaints before the next meeting so he can review them and try to absolve the situations. Michelle stated she would make the copies for him. Chairman Cosgi adjourned the meeting at 10:55 a.m.