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PVAC Minutes 02/04/2003 RFebruary 4, 2003 TRANSCRIPT OF THE MEETING OF THE PUBLIC VEHICLE ADVISORY COMMITTEE Naples, FL, February 4, 2003 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 9:30AM in Conference Room "E" of 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Members: Nick Whitney Dan Shriner William Csogi Pat Baisley Allen Walburn Collier County Staff:Tom Palmer, Michelle Arnold, Ekna Hu, Indira Rajah Page 1 AGENDA COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE February 4, 2003 9:30 AM Collier County Community Development Services Building 2800 N. Horseshoe Conference Room E ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD 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 THAT TESTIMONY ~ EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. PLEASE ENSURE ALL PAGERS D~ND CELL PHONES ARE OFF OR IN A QUIET POSITION. I. Roll Call II. Additions or Deletions III. Approval of Agenda IV. V. VI. Regular Meetinq Approval of Minutes: December 2, 2002 Notices New Business: Request for approval to Operate a Vehicle for Hire Service a) loJo'sSouthFlorida, Inc. b) A-1 Limo of Naples VII. Hearing VIII. Old Business IX. Complaint Report X. Discussion XI. Announcements February 4, 2003 Public Vehicle Advisory Committee Conference Room "E" 2800 N. Horseshoe Drive Naples, FL 9:30AM Minutes February 4, 2003 The meeting was called to order at 9:45AM. I. Attendance: Members: Nick Whitney, Dan Shriner, William Csogi, Pat Baisley, Allen Walburn Collier County Staff:Tom Palmer, Michelle Arnold, Ekna Hu, Indira Rajah II. III. IV. Additions or Deletions -The item "Public Speakers" was placed under new business. Approval of Agenda -Pat Baisley made a motion to approve the agenda. It was seconded by Mr. Walburn. All were in favor; the motion passed unanimously, 5-0. Approval of Minutes for September 12 and November 12, 2002 -Mr. Walburn made a motion to approve the December 2, 2002 minutes as written. It was seconded by Mr. Shriner. All were in favor. The motion passed unanimously, 5-0. Page 2 February 4, 2003 Notices -Michelle Arnold reported that there were no notices. VI. New Business: Public Speakers A) Mike Mendel, A-OK Transportation, discussed the permitting process for businesses. He stated that he received a packet in January requesting that the driver's have their photos taken. He explained that there was no explanation, instruction, or the cost of the request. He added that he missed the last four PVAC meetings because he was not notified through email as he had been in the past. He explained that his company was inconvenienced because they were unaware that the price of a sticker had been raised and a new regulation was in place that a driver had to have a license photo to receive the sticker. He added that his drivers were waiting for over four hours to receive the stickers for the cars and they put the sticker on the car themselves. His complaint was that his company was not fully informed of the changes and that his business lost a lot of time due to inadequate county staffing. -Michele Arnold replied that the main problem was most business were waiting until the last minute to take care of the situation. She explained that this is what caused the long wait. She added that this is the first time they have done the ID process and this implies that there will be problems to be sorted out and her staff worked into the evening attempting to sort out all of the problems and get the items processed. She asked that local businesses be understanding of the problems with a first run. -Mr. Mendel stated that he waited a week to get an answer about the information that was not included in his packet. He reiterated that he believed there was inadequate staffing to assist the businesses with their problems and concerns. -Mr. Walbum stated that he had people contact him recently with some of the same concerns as Mr. Mendel. He added that the main problem seems to be not only that the process is new, but also the businesses are upset that this is occurring Page 3 February 4, 2003 at the height of their business season. He questioned if they could license at a later time in the year. Mr. Csogi explained that before Mr. Walburn joined the board, they decided on the January date because a number of businesses specifically requested that it be in January since they have more money at that time to pay the fees. -Mr. Mendel stated that local businesses should have received a letter describing the new regulations, cost, and dates of effectiveness. Mr. Shriner stated that he had contact in the past with Mr. Mendel and that Mr. Mendel should have contacted him with his problems and concerns. -Mr. Mendel stated that he wanted to come to a conclusion for handling this in the future. He added that he lost a lot of business, time, and money last week due to the licensing process. He was concerned that with his loss, his competitor made out better because he had not gone through the proper process for licensing and did not loose money and time. Pat Baisley stated that there was some confusion on the driver situation and that her company was under the belief that it would not be started until February 2003. Michele Arnold stated that they reviewed this in the December 2002 meeting and she apologized if her staff had given out any incorrect information. -Mr. Walburn asked if they could give 30 days for everyone to get the proper licensing due to all the confusion. Michele Arnold replied that they would need to discuss it with the County Attorney. Mr. Shriner stated that they should have the licensing done ASAP, because they were already too far behind. Mr. Walburn then suggested a week or two week grace period due to the inadequate county staffing. -Mr. Mendel then asked how he should deal with complaints. Mr. Csogi explained that he should provide written complaints to Michele Arnold or the County Attorney's Office. Mr. Mendel explained that he had provided a written complaint to Ekna Hu during the last cycle and nothing ever came from his complaints. Ekna Hu explained that she had investigated the matter and the company in question did fill up the proper paperwork but had not come in to pick up their stickers. Page 4 February 4, 2003 -Mr. Mendel asked why the companies were checked on a more frequent basis. He explained that it was frustrating to him, because he follows the rules and yet his competitors aren't doing so and not having to deal with consequences. Mr. Csogi asked that the committee always hear of complaints and what is being done to take care of the situation. Michele Arnold stated that they are having a meeting at 2:30 PM to address the concerns that were brought up about incompliance. She added that her department does the paperwork processing, but they are not enforcement. -Mr. Shriner stated that the committee had requested code enforcement to provide them with a quarterly report of all complaints and this has been done for about a year now. He explained that the committee is still receiving complaints from a lot of the local businesses, but the businesses are not putting things in writing because they are afraid of making waves. Mr. Walburn agreed that all complaints need to be documented. Mr. Mendel stated that they need someone to make waves, but he has to live and work near his competitors. He was concerned about the out-lashing from his competitors if he puts in written complaints. B) Herman, VIP Limos, stated that his business also had issues with long waits, short county business hours, and misinformation. He asked if they could do a survey of all the legitimate companies in town to find out the best time to do licensing. He believed that this was the worst time of the year to do this, since it is the height of business. Michele Arnold replied that they are doing this now, because this was the time that the local businesses chose when they created the ordinance. Michele Arnold added that they did not change the renewal period that they only shortened it, and the problem was that local businesses waited until the last minute. Herman stated that the problem was due to a lack of organization. Michele Arnold agreed with this and added that it was due to additional requirements and a new process taking effect. C) Francis, Dolphin Transportation stated that the root of the problem is that county is understaffed when it comes to dealing with transportation. Michele Arnold stated that they have added staff and introduced a new staff member, Indira Rajah. She explained that she believed part of the problem is that they are Page 5 February 4, 2003 not the enforcement side of transportation. She added that the administrative side of transportation is a sporadic side that does not require 40 hour/week employees working solely on transportation issues. Francis replied that they should spread the renewal period out over a few months so that the staff is not so overloaded. Michele Arnold stated that it is better to have the renewal period at one time, since PV for hire is not the only program that they have renewals to deal with throughout the year. She believed two different 2-3 week windows for renewal might be best. She stated that they could consider requiring appointments for renewal as another way to help ease the process. Request for approval to operate a vehicle for hire service A) Jo Jo's South Florida, Inc. -Joseph Mennella, owner of Jo Jo's South Florida Inc., was present. -Mr. Csogi stated that there was a waiting period of three years to apply if there is an offense in the criminal background check. Mr. Mennella stated that the charges were dismissed. Mr. Palmer reviewed the material and stated that since the charges were dismissed, the application was fine. He added that irrespective of charges, the ordinance only applies to drivers, not the owner. -Michele Arnold stated that they could have two drivers at a residential address if it is a home occupation, but if an expansion occurs the applicant will have to provide a commercial address. -Michele Arnold stated that because of the home occupation, the applicant would need to get a home occupational license and zoning certificate with the correct address, and provide a copy of the residential lease. -Pat Baisley clarified that Jo Jo's currently exists, but the application is due to a change in ownership. -Mr. Walburn made a motion to approve with the completion of the stipulations that Michele Arnold stated. It was seconded by Pat Baisley. All were in favor; it passed unanimously, 5-0. Page 6 February 4, 2003 B) A-1 Limo of Naples -Debbie Weber, A-1 Limo of Naples, was present. -Mr. Palmer stated that the applicant needs a Collier County occupational license. Debbie Weber stated that she was informed, by staff, that she did not need one. Mr. Palmer stated that information was incorrect and she would need a Collier County occupational license. -Michele Arnold stated that the applicant would need a home occupational license. Mr. Palmer stated that the applicant would need to add inc. after the cooperate name. -Ekna Hu stated that there are three A-1 companies listed in the yellow pages. The committee stated that since none of the companies are certificated, the first one in gets the name. -Mr. Csogi stated that they need a credit report, FDLE, criminal background check, federal report, and a home occupational license. -Pat Baisley stated that the name is different in different locations of the application; a-1 Communications Inc. and A-1 Communication Specialists. -Mr. Palmer stated that the alfa davit was not valid since it is inconsistent and appears that it was not under oath. -Mr. Shriner stated that he does not feel they should vote on it since it is incomplete. Mr. Whitney agreed that there was too much missing to vote on the application. Mr. Csogi stated that they were missing the credit report FDLA, Affa Davit, criminal background check, home occupational license, articles of incorporation, and the correct name throughout the application. -Because the application was over half incomplete the committee decided not to recognize the application. VII. Hearing -There were no hearings. Page 7 February 4, 2003 VIII. IX. Xe Old Business -There was no old business to discuss. Complaint Report -There were no complaint reports to review. Discussion A) Discussion on the Permitting Process, driver ID's, and Decals -Mr. Walburn made a motion that Michele Arnold work on a proposal to straighten out the permitting process and bring it for review at the next meeting. His hopes are that it will ease the position of the vendors and the county staff. -Michele Arnold stated that she would work on a proposal and bring it back at the next meeting. -Pat Baisley suggested staggering the deadlines for different businesses -Mr. Walbum suggested an incentive for local businesses, which come in early. -Michele Arnold stated staggering dates over a short period with incentives would be some good ideas for reviews. -Mr. Walburn also suggested that past a certain point mandatory appointments be made. Ekna Hu stated that they attempted this last year and it did not work. The committee stated that it could be in the ordinance. -Mr. Csogi asked Mr. Palmer if he was allowed to take input from other board members as long as he did not write back. His concern was to make sure that it did not violate the sunshine laws. Mr. Palmer stated that he could receive input from any citizenry on matters of amending an ordinance, but he cannot converse with the members of the PVAC on matters that may be brought before them in a hearing; legislative matters. Mr. Csogi stated that he would send the members of the PVAC a letter requesting input on the matter of permitting process. At the next meeting the committee will discuss this issue and the various input. -Michele Arnold requested that they make a motion regarding the A-1 limo service. Mr. Shriner made a motion to deny because the application for A- 1 limo Page 8 February 4, 2003 was over 50% incomplete. It was seconded by Mr. Whitney. All were in favor; the motion passed unanimously, 5-0. -Mr. Whitney asked that they stick to the deadlines in the ordinance so that the committee members have time to review the information. The committee agreed with this. Mr. Walburn gave staff direction to not bring forth materials that were not submitted in a timely fashion. Mr. Palmer added that if something came up where time was of the essence, and then the board always has the ability to call a special meeting in order to address the item. -Michele Arnold introduced the new staff member; Indira Rajah. -Pat Baisley asked if there was a determination on the drivers. Michele Arnold explained that she was having a meeting with her staff at 2:30 PM to review how they are going to process NOV's. She stated that they are going to try and find a way to incorporate the sheriff's office for enforcement issues. -Mr. Walburn asked if decals could be applied for over the internet and obtained through the mail. Michele Arnold stated that they might eventually do so. She explained that there are two steps, the application and the sticker. The sticker needs to be done in the presence of the county staff so they can verify the bin number and see that it is placed on the appropriate vehicle. Mr. Walburn and Mr. Shriner believed that staff physically placing the decal on the car is labor intensive. Michele Arnold stated that this was to verify that the decal was placed on the car that it was issued for. -Michele Arnold returned to Pat Baisley's concern of whether or not they would have a grace period for the driver's ID. Mr. Palmer stated that the way to handle a grace period is to slack on enforcing it. He explained that a violation of ordinance is not a violation of ordinance until someone determines that it is a violation of ordinance. He believed that the original grace period should have been left in the ordinance. Page 9 February 4, 2003 -Mr. Csogi stated that they will discuss these issues and new ideas at the next meeting in March. -Mr. Whitney asked about why they don't hear about complaints. Mr. Csogi explained that complaints are handed in to the designated County Manager and then go through the channels before it is heard by the committee. Mr. Palmer added that they don't hear all the issues because 95% of the matters are resolved administratively. -Mr. Mendel suggested that they do surprise inspections of business records. He believed that this would help solve the problem and save time. Mr. Csogi asked Mr. Mendel to put his suggestions in writing and email them to him so that they may be reviewed and discussed at the next meeting. Announcements -There were no announcements. Adjournment -There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:25 AM. PUBLIC VEHICLE ADVISORY COMMITTEE William Csogi, Chairman Page 10