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PVAC Minutes 09/12/2002 RSeptember 12, 2002 TRANSCRIPT OF THE MEETING OF THE PUBLIC VEHICLE ADVISORY COMMITTEE Naples, Florida, September 12, 2002 LET IT BE REMEMBERED, that the Public Vehicle Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:25 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: William Csogi Eric Hyde Pat Baisley Dan Shriner Allen Walbum ALSO PRESENT: Michelle Arnold - Code Enforcement Ekna Hu - Code Enforcement Jennifer A. Belpedio - Asst. Co. Attorney Tom Palmer - PVAC Sue Chapin - Manpower Services Page 1 September 12, 2002 II. III. IV. Roll call was taken. Additions or Deletions: Chairman Csogi asked to initiate a hearing process for USA Taxi. He wanted it added to the Agenda. Michelle stated it needs to be investigated first and doesn't need to be a hearing process unless there is a problem complying with something they are asked to do. If Mr. Csogi had a particular question on a subject, it could be put under reports. Approval of Agenda Pat Baisley moved to approve the agenda, seconded Eric Hyde. Carried Unanimously. Approval of Minutes: August 8, 2002 Allen Walburn moved to approve the August 8, 2002 minutes seconded Dan Shriner. Carried Unanimously. V. Notices: None VI. New Business: There were no applications for approval of operations for "vehicle for hire" service. Michelle said they have no application process for sub- certificates. Not required for an ordinance. Michelle states it is informing the Board it is just another name under the original certificates operates that the Board has issued. She feels they should consider the paper work be a little cleaner so it is understood who a particular sub-certificate is operating under. Maybe an application or sub-review process similar to the Certificates operates process. The question was asked the difference between a sub-certificate and a regular certificate. Sub-Certificate can be used for the ordinance - a Sub-Certificate can be used to add to the applicant's full certificate. For example Yellow Cab had a sub- certificate. They will have a taxi service plus a charter service for airports so they have a sub-certificate for the other operation that is part of Yellow Cab. Discussion followed on the sub-certificates. Special permits were discussed. Page 2 September 12, 2002 Mr. Palmer stated that special permits are to be applied for a specific event for short term duration; such as County Fair, a Prom, and a game at Miami or a Super Bowl Game. To attach a few vehicles for a short period of time a normal fleet can not handle it but has the opportunity to perform the service. If the vehicles are acquired for the duration of the special event, that is the scope and limit of the special event permit. Mr. Walbum mentioned when he saw 4 cars in a residential area and a special permit is given for 3 weeks, he doesn't feel that is the correct use of the permit. He would hate to see this happen again. He explained for the staff that at 827 104th street a resident purchased some cars with 4 in his driveway & 2 in his neighbor's driveway. He understands he received a special permit from Code Enforcement for 21 days. He believes it is all taken care of at this time but felt the permit should not be used to store cars at a personal residence. Mr. Palmer stated a special permit is not a permit to add vehicles temporarily while applying to get them attached to a business. Staff stated they were going to be used for a specific function, but in fact were being used for temporary storage, it was brought to their attention & has been resolved. Mr. Palmer explained that a person that wants a sub-certificate sends a letter or application explaining what the function is, convince staff that it is a proper function applied for, and then has to be approved by staff or the Board. He believes it is a Board function. Michelle amended the agenda to have an applicant come before the Board for a sub-certificate. Mr. Palmer then said the PVAC may issue one or more sub-certificates, his interruption is that it does not mean staff. The PVAC is the entity that makes the final determination of a sub-certificate issued. He again stated that they come in - explain why a sub-certificate is needed, & if determined to be for a legitimate business reason, the Board then authorizes the sub-certificate. It does not mean they are going to add to or delete from their fleet. It has to be clarified when submitting an application. Page 3 September 12, 2002 In the future the staff is going to create an application for a sub- certificate, and have Mr. Palmer review it. For future requests staff can identify what the circumstances are. Mr. Rydenthal spoke at this time. He stated he had an opportunity to take over an existing limo company. Because of a different caliber of personnel he can not call it USA Taxi and intends to operate it legally. The Vehicle inspection certificates are on file because of it being an existing ongoing operation. He stated the only change is the new tag numbers that would be sent to staff. Mr. Palmer mentioned when there is a transfer of business, staff has to know there is new ownership and the responsible parties in the business are now "new" responsible parties. Staff needs to know who they are dealing with, recognize the changes and put in the file. Then everyone has a clear understanding of what the situation is. Michelle mentioned that if there is a transfer of vehicles, they need to bring the vehicles in and get re-tagged. Mr. Rydanthal stated he is doing business as 2 separate entities. Mr. Walbum said he felt he would have to have proper licensing as a business entity that would be separate from USA Taxi. Mr. Rydanthal stated the stickers were issued to Advance Transportation, it is still Advanced Transportation with different owners. Mr. Palmer stated that all they need to do is recognize change in ownership, and who the responsible parties are. Mr. Rydenthal did not buy the Corporation, just the name Advance Transportation, which use to be under Kevin Nelson, now under Dell Jack Inc., same company that has DBA USA Taxis. The title has not been transferred until after this meeting. Michelle summarized: Dell Jack Inc is the mother company, USA Taxis is under Dell Jack Inc., as well as trying to acquire Advance Transportation under Dell Jack Inc.. It was felt this may be a proper function of a sub-certificate and decided not to issue new stickers, just transfer the numbers. Mr. Walburn moved to approve Mr. Rydenthal's request as long as the certificate of insurance coincide with the ownership of the vehicles and a letter is on file from the previous owner. Seconded Eric Hyde. Carried Unanimously. Page 4 September 12, 2002 Speaker: Russ Beasley: He gave a brief statement about insurance requirements with the County. When an independent contractor owns his vehicle, his vehicle is registered to the owner of the vehicle and the owner leases to another company. The company is then required to carry the insurance. The person cannot register his vehicle because of a change in the motor vehicle law. Use to be the sub-contactor would provide their own insurance naming the company they worked with as additional insured and meeting the County requirements. He feels there is a double cost. If the insurance requirement has to be in the name of the registered owner and it names the operator and the County certificate holder that should be sufficient. He can see this will be a problem. Motor Vehicle Dept. won't recognize adding another name on the policy as it has to be in the name of the registered owner. Mr. Palmer summed it up as: the State Law requires that the provider of the insurance must be the owner of the vehicle whether an individual, parmership, or corporation. That entity that owns the vehicle must insure the vehicle. (Mr. Shriner left at 10:10 AM.) More discussion followed conceming the insurance and the new laws according to the State Statutes. It was decided to research the new law, and bring back to the next meeting. Staff was directed to review it and put on the November Agenda. VII. Hearing: None VIII. Old Business: Chairman Csogi inquired about Al. Michelle stated they are still in business. Mr. Palmer stated they do not have service from A1 only the driver from Elite and that it is an entirely different charge than the advertising business. They need to get service on A1 - get a sheriff to serve her or an individual process server or any other number of ways. He also stated that the elements of this violation are 1) the advertisement and a publication in Collier County to provide a service in Collier County, and 2) the fact that they are not certificated in Collier County to provide that service. Those are the two things that need to be proven. Michelle stated they did serve A1 Limo - there are two entities, one in our local phone book, and the person attempting to serve. There is a legal entity operating out of Fort Meyers and considering application for business locally in Collier County as well. They are attempting to make service on the person operating illegally in the phone book. They have spoken with her, and have not provided the Page 5 September 12, 2002 official notice that is required for the public heating process. We mentioned to her she needs the required licenses. She is not cooperating with staff at this time. Staff can not bring this to the Board until she actually gets service. Mr. Palmer says there are possibly numerous violations of her operating a Cab service in Collier County without the proper certificates. Michelle stated they have the ability to fine an individual without bringing the matter to this Board or Code Enforcement Board. Mr. Palmer states the County can get a continuing injunction against such persons for fines or imprisonment. Chairmen Csogi asked to have this subject put on the November meeting. me Accusation of Forgery - Deliver letter from Naples Taxi Michelle introduced Jennifer Belpedio, Assistant County Attorney, who is working with Code Enforcement. She stated she will now be working with PVAC related issues and was asked to review the allegation of forgery. It is her opinion that it is not the PVAC to decide whether there is a fact of forgery and not their authority. Mr. Palmer stated staff's position is that if this is going to be referred to the State Attorney for prosecution it is not the function of the County to do so. If someone has a complaint & feels they have been harmed, that individual can take it to the State Attorneys office. Jennifer said for the person to draft a letter and take to the State Attorneys office. Mr. Palmer stated that three vehicles were certificated by Collier County at which time they were properly certificated. For two weeks three vehicles were on the road and wonders if that is sufficient for this Board to get into an action having to prove whether or not a document was forged. It is a mute point tight now being the vehicles are properly certificated to the company at this time. Mr. Palmer stated forgery is a difficult thing to prove and the State Attorneys office may not even hear the case. The Board could draft a letter, submit it to the State Attorneys office for review and they could take action if they deem necessary. Michelle felt they not take a position one way or another as no evidence has been heard nor should be. Michelle added that the individual involved called her office & was baffled why the issuer was brought up again. He was notified of the meeting and could attend if he so wished. It seems the individual is not concerned about the situation whatsoever. Mr. Palmer stated the only way this case could be proved was to have the individual come before the Board and testify that his signature was forged. The issue was tabled at this time. Page 6 September 12, 2002 Russ Beasley again spoke and asked what the Boards official position in the future will be if documents or permits are questionable or false. Mr. Palmer stated they do not accept misrepresentations. A Certificate would be revoked if found falsified or incorrect. Michelle added that when they do reviews they're trusting the person submitting them are being lawful and truthful, not their position to be reviewing their notary or seal. If it is notarized, it should be done properly. IX. Complaint Report Michelle stated Ekna put together a list of complaints by Mr. Rydenthal and was in the Boards packet. The ones that have a name of a company listed are currently registered with Collier County, and the two others dated 2002 - (A72DK7 & G89JXV) are not valid license plates. They may be off by a number or letter and are probably registered with the County. Staff must check the Ordinance with the attorney because it has been modified. A violation of the charter vehicle for the prior Ordinance 956-66 states they could not stand, flag or pickup a fare. The new ordinance doesn't state anywhere that prohibits just standing or flagging or picking up people. It says they can not charge as a taxicab rate, and only reason they would be in violation. Mr. Palmer suggested that staff get with Jennifer and get her opinion on the facts - whether it is a violation of the Ordinance or not. Discussion followed on rates charged for taxis and limos not competing and violations concerning signs. Mr. Palmer stated most of these matters are handled administratively and never come to the Board because they get resolved. If log books can be gotten it can be looked into further. Allen Walburn moved to request the log books for Classic Taxis Tag #A72DLZ, White Lincoln, Taxis sign on 2/13/02, and Checker Cab Tag #E10MIY Taxis sign on 2/13/01 and 2/22/02. Seconded Eric Hyde. Carried Unanimously. Xe Discussion USA Sub-Certificate request XI. Announcements - none XII. Next Meeting Date: November 2002 Page 7 September 12, 2002 Being no other business before the Board, meeting was adjourned at 10:55 AM. Page 8