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PVAC Minutes 03/03/2003 RMarch 3, 2003 TRANSCRIPT OF THE MEETING OF THE PUBLIC VEHICLE ADVISORY COMMITTEE NAPLES, FL March 3, 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 REGULAR SESSION in Conference Room "E", 2800 North Horseshoe Drive, Naples FL, with the following members present: Members: Pat Baisley Nick Whitney William Csogi Dan Shriner Allen Walburn Collier County: Michele Arnold, Janet Powers, Tom Palmer (arrived at 10:00 am) Page 1 AGENDA COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE March 3, 2003 9:30 AM Collier Coun _ty 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 AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. PLEASE ENSURE ALL PAGERS AND CELL PHONES ARE OFF OR IN A QUIET POSITION. Regular Meeting I. Roll Call II. III. IV. Additions or Deletions Approval of Agenda Approval of Minutes: Notices January 4, 2003 VI. New Business: Request for approval to Operate a Vehicle for Hire Service a)Hollywood Limo's b)American Medical Transport c)Abbot Transportation d)Bonita Bee Request for approval on sale of business A) Unlimited Airport Rides VII. Hearing VIII. 01d Business IX. Complaint Report X. Discussion Increasing taxi fare Announcements Indira Rajah new staff member XI. March 3, 2003 THE PUBLIC VEHICLE ADVISORY COMMITTEE Conference Room "E" 2800 North Horseshoe Drive Naples, FL 9:30AM Minutes March 3, 2003 The meeting was called to order at 9:37 AM. Csogi, Dan Shriner Collier County: Michele Arnold, Janet Powers, Tom Palmer (arrived at 10:00am) -Mr. Csogi asked Michele Arnold to make a recommendation to the board that Eric Hyde be removed as a member of PVAC due to at least two unexcused absences. He asked that Mr. Walburn be made a permanent member to fill the position. Michele Arnold stated she would write the recommendation. Attendance: Pat Baisley, Allen Walburn, Nick Whitney, William Page 2 II. III. IV. March 3, 2003 -Pat Baisley reminded the committee that they will need to find a new alternate once Mr. Walbum becomes a permanent member. Additions or Deletions: -Michele Arnold noted that the approval of minutes should be for February 4, 2003, not January 4, 2003. -Mr. Csogi asked that 6A be moved to 6D so that they could have input from Mr. Palmer when he arrived. He also added 6E as a time when Mr. Shriner could address the committee. -Michele Arnold asked who placed "Increasing taxi fare" on the agenda. Mr. Walburn stated that he had it placed o the agenda. Approval of Agenda -Mr. Walburn moved to approve the agenda as changed. Mr. Csogi seconded the motion. The motion passed unanimously, 5- 0. Approval of Minutes for December 4, 2002: Mr. Walbum moved to approve the minutes of February 4, 2003. It was seconded by Pat Baisley. The motion passed unanimously, 5-0. ge Notices -There were no notices Page 3 March 3, 2003 VI. New Business Request for approval to Operate a Vehicle for Hire Service A) American Medical Transport -A representative from American Medical Transport was present. -Janet Powers stated that all required documents were received with the exception of the official receipt of the application fee, which the staff does have. She added that the corporate name fell under scrutiny of the state, the new approved name is American Medical of Southwest Florida. She explained that the affa davits in reference to 2,175 and 95-65 can be notarized after the meeting. -Mr. Walburn stated that he was glad to see the packet was complete and in order. -Mr. Csogi stated that there is another company in Collier County called American Medical Transport. Janet Powers explained that the company he was referring to had not submitted their renewal paperwork. The applicant added that she knew Steve Dershem and he was currently in bankruptcy. Mr. Csogi explained that they needed to make sure all certificate holder's interests are protected. Michele Arnold stated that the company no longer had a certificate. -Mr. Walburn made a motion to approve. -Mr. Csogi stated that they need to include the name change of Southwest Florida into the application and the inspection sheets for the vehicles needs to be included. -Mr. Walburn amended his motion to include approval upon the changes of the company name in the application and the inclusion of the inspection sheets. It was seconded by Mr. Whitney. Page 4 March 3, 2003 -Mr. Shriner asked that all the papers in applications be dated appropriately. -The motion was recalled. All were in favor; the motion passed unanimously, 5-0. B)Abbot Transportation -Lawrence Comerford, representing Abbot Transportation, was present. -Mr. Shriner requested again that all applications be dated appropriately. -Pat Baisley noted a discrepancy on the vehicle for hire listing. It listed the Lincoln as a 2000, when in fact it was 2001. Janet Powers stated she would make the appropriate change. -Michele Arnold noted that they needed to have the vehicle inspection sheet included in the application. Mr. Comerford stated that he could turn this in later that day. -Mr. Walburn made a motion to approve but withheld until the vehicle inspection sheet is provided to code enforcement. Mr. Whitney seconded the motion. All were in favor; the motion passed unanimously, 5-0. C)Bonita Bee -Robert Patterson, representative of Bonita Bee Airport Express, was present. -Janet Powers stated that noting was outstanding in the application except the corporation name. -Mr. Walbum asked why a criminal background check was not included. Janet Powers stated they did receive a form stating that nothing was found in the criminal background check and she could get a form that verified the information. Michele Arnold stated if a Page 5 March 3, 2003 problem was found, they would inform the applicant and bring it back before the committee. -Janet Powers stated that they received verification of the certificate of insurance by fax on February 27, 2003. -Mr. Patterson stated that he is doing business in Lee County and that he has picked up people in Collier County within the last 60 days. Mr. Shriner asked why he had picked people up in Collier County if he was not certificated. Mr. Patterson stated he was in the process for certification. Mr. Csogi stated that they are present to approve the certificate only and not to do code enforcement. -Janet Powers stated that she would get a verification of the criminal background check. -Mr. Walburn made a motion to approve with the inclusion of the criminal background check and inspection sheets for the vehicle. It was seconded by Pat Baisley. -Mr. Shriner was upset that there was no concern that Mr. Patterson had been doing business in Collier County without a certificate. Mr. Csogi explained that they were legitimate questions and concerns, but he believed this was not the proper venue to discuss this. -The motion was recalled. The motion passed, 4-1. (Mr. Shriner opposed) -John Marsh, Field Supervisor, stated that he had stopped Mr. Patterson in the past sixty days for operating in Collier County without a certificate. Mr. Patterson informed John Marsh that he did not realize he needed a certificate in this county since he had one in Bonita. Mr. Patterson was issued a notice of violation and then came in to get the appropriate certificate. -Mr. Shriner asked if similar situations occur, that a statement be placed into the application. Page 6 March 3, 2003 D) Hollywood Limo's -Mr. Robertson, owner of Hollywood Limo, was sworn in by the court reporter. -Michele Arnold stated that Vincent Mollo wanted to speak on discrepancies that the Code Enforcement Board has had with Hollywood Limo in the past. Vincent Mollo was a member of the public and the neighbor of Mr. Robertson. -The committee allowed Mr. Mollo five minutes to speak on his concerns. -Mr. Mollo stated that he was representing five neighbors of Mr. Robertson. He explained that they did not want to stop Mr. Robertson from running his business. They believed his business had nice equipment, but the problem was he took care of it at home. Mr. Mollo stated that Mr. Robertson had pressure washers, compressors, spot lights, and two boats at his home for his business. Mr. Mollo handed the committee records of Mr. Robertson's Code Enforcement violations. Mr. Mollo and his neighbors believe that Mr. Robertson is running his business out of his home. He explained that they only want the board to be aware of the situation, that it is in violation of zoning laws, and they would like the situation corrected. He added that Mr. Robertson had 2 limousines, a HumV, 2 pick-up trucks, and 2 boats stored at his residence that were all business equipment. He explained that although the boats were not used for service, there was signage of the business on the sides of the boats. -Michele Arnold stated that the ordinance allows for two vehicles to be kept at the home, provided that two representatives live there. Mr. Robertson stated that he does not keep two vehicles there. She added that they have found he has been maintaining vehicles at the residence. She explained that they have addressed complaints from neighbors in the past. Page 7 March 3, 2003 -Mr. Walbum asked Mr. Robertson if he was a commercial operator with a commercial storefront. Mr. Robertson stated yes to both questions. Mr. Walbum asked if he stored vehicles at his home. Mr. Robertson stated that he stored one vehicle at his home. Mr. Walburn stated that he sympathized with Mr. Mollo, because it is frustrating to live in a residential area where people devaluing the area by running a commercial operation out of their homes. He added that he has been past Mr. Robertson's residence in the past and noticed more than one commercial vehicle parked there. Mr. Robertson stated that the HumV was his personal vehicle. Mr. Walburn stated that the advertising on it made it a commercial vehicle. Michele Arnold stated that this was incorrect. -Mr. Shriner asked Mr. Mollo if there was an association. Mr. Mollo stated there was. Mr. Shriner advised him to go to the association and have their attorney write a letter. -Mr. Palmer explained that this business cannot be an at home occupational license and Mr. Robertson may drive a vehicle their as a personal vehicle, but he may not operate any vehicles for his business out of his home. He recommended doing the approval conditionally due to all of the problems in the past. -Michele Arnold stated that the commercial vehicles should not be brought to the home residence or maintained there. -Mr. Csogi asked if this wasn't a code enforcement issue. Mr. Palmer replied that it is also in the jurisdiction of this committee since they have the authority to make conditions on approvals for those who have not obeyed the rules in the past. -Michele Arnold reiterated for Mr. Robertson that he was noticed today that he did not qualify as a home occupation and could not have business vehicles at his home. Mr. Robertson stated he understood and in the past he was unaware that he could not have two vehicles at his home and at one point he had two there. Page 8 March 3, 2003 -Mr. Csogi asked if Mr. Robertson had an office and phone at his commercial address. Mr. Robertson stated that he had an office there, but not a phone because he uses a cell phone for his business. -Mr. Shriner asked if he can stop at his home and leave his vehicle at the residence during lunch or rest. Mr. Walburn stated that he could, but this was not the problem they had in the past. -Mr. Walburn asked Mr. Palmer if he could assist the committee in the "verb-age" that would approve the application, but also satisfy the residential complaints. Mr. Palmer stated that the committee could make the approval conditional and that violation of the regulations of the occupational license are a basis for the termination of the certification. He explained that the ordinance allowed the certificate to be revoked if the regulations are violated. -Mr. Walburn made a motion for approval with the condition that no vehicle can be stored on the residential premise for more than a six hour period. He added that he included the explanation of revoking the certificate provided by Mr. Palmer. There was no second to this motion. -Michele Arnold requested that they do not include the "six hour period". -Mr. Palmer explained that they are providing Mr. Robertson notice that if he fails to comply with the rules and regulations, then they have the authority, through a trial hearing, to revoke his certificate. -Mr. Shriner questioned the criminal background check of Mr. Robertson. Mr. Palmer reviewed the ordinance and stated that due to the listings on his criminal background check he would be able to be an owner, but not a driver. Mr. Palmer added that he Mr. Robertson should have notified the county at the time he was charged with reckless driving. Mr. Robertson stated that he spoke Page 9 March 3, 2003 with Michele Arnold and he understood he didn't have to do anything since it was a misdemeanor. Michele Arnold replied that she did not remember. -Mr. Walburn made a motion to approve the application as submitted with the caveat that he doesn't drive the vehicle's for hire, that he does not store or repair the vehicles at his residential address, and that if he is deemed to have the vehicles at the residential address in excess of six hours, then he will be deemed to be in violation of this board's request and therefore subject to fines and/or license revocation. -The committee discussed the "six hour" inclusion in the motion. Michele Arnold stated that since the ordinance did not specify the number of hours, they should say that the vehicles should not be operated or maintained out of the home residence. She explained if they got a complaint about a vehicle being stored at the residence, code enforcement would go to the residence and let the driver know that there was a complaint and if the vehicle is not being stored there than it should be removed within a certain time frame. She added that they would return to verify whether or not the vehicle had been removed. Mr. Walburn stated that if a neighbor had a complaint in the early AM, then they can take a stamped and dated photo, and then take a second a few hours later, and this could stand as proof. Mr. Shriner stated that he believed if they put in a timeframe, then other applicants would want the same inclusion in their approvals. He wanted to leave it open and let it up to code enforcement to handle. -Mr. Walburn adjusted his motion to "two hours". The motion was recalled. It was seconded by Pat Baisley. -Mr. Shriner reiterated his concerns that other applicants would come in wanting the "two hours" as a precedent. Mr. Walburn stated that this is not a policy, this is particular to Hollywood Limo Page 10 March 3, 2003 alone. Mr. Shriner asked why this situation was so unique. Mr. Walburn replied that it was unique because it addresses the homeowners problems and the concerns of the owner. He added that they can re-address this at anytime in the future if there is a problem. -Mr. Csogi agreed with Mr. Walbum, stating that this was a unique situation because they had public input. Mr. Palmer added that this was a "probationary" type of situation. -The motion was recalled. The motion passed, 4-1. (Mr. Shriner was opposed). -Mr. Robertson asked what to do if he knew of other company's parking vehicles at private residences. Michele Arnold gave him the number for code enforcement, but asked that he keep in mind, just because a vehicle has advertising on it does not mean that it is a commercial vehicle. E)Mr. Shriner addresses the committee -Mr. Shriner stated that he believes they need to look into requiring drivers to take physicals. He asked the committee to think about this and discuss it at the next meeting. His concern was that many people take this job and put passengers at risk due to health issues that they have not reported. -Mr. Csogi stated that he feels the ordinance controls the businesses enough. He added that this should be left up to the businesses to deal with and take up with their insurance companies. Mr. Walburn agreed with Mr. Csogi. -Mr. Walburn stated that he did not believe that any prudent business man would allow an incapacitated individual to operate a vehicle. He thought that it was asking too much to request owners to pay every year for the physicals of their drivers. Page 11 March 3, 2003 -Mr. Shriner felt that it was not a lot to ask, the cost was not so high, and it was important because it meant saving lives. -Mr. Csogi asked if it was a violation of law to ask someone about their medical condition. Mr. Palmer stated that the problem was it being "across the board". He explained that if a particular case came across the board it was a different thing. He added that they might be able to superimpose some kind of reasonable program, but the question is if you want to do it based on age or another factor, or if the committee wants to do it on a case by case basis when a question of health is brought to the board. -Mr. Csogi stated they could place something in the ordinance that mandates if you have a health issue that would impair your driving ability, then you must report it. He added that this may not keep everyone from driving with health issues, since they may disregard it. Mr. Walburn stated that the state mandates for certain types of licenses that you must have a physical every five years. He used the "mariner's certificate" as an example. -Mr. Csogi reiterated that he wanted people to merely consider this in the future. He added that he wants the board to consider "capping" the business in the future. He believes that it might help businesses thrive. Mr. Palmer stated that they have the authority to do this with taxi's if they want to. Mr. Shriner suggested a survey to ask the industry how they feel about limited entry. -Mr. Walburn stated that he has concerns about the frustrations of lawful companies being unable to do anything about the illegal companies. He asked if they could have a predetermined complaint form that could be easily filled out by the person filing a complaint. Michele Arnold replied that they will discuss this under complaint reports. Page 12 March 3, 2003 Request for approval on sale of business A) Unlimited Airport Rides -Bulend Duren, Unlimited Airport Rides, was sworn in by the court reporter. -Mr. Duren explained that he will be the full owner of the business, Eleanor Klug was the previous owner. He explained that he will be incorporated within the next year when the money starts to come in from the business. -Mr. Duren stated that he would keep the same name, operate out of his home, and use one vehicle. Michele Arnold stated that he did not have a home occupational license. Janet Powers replied that he had it through Marco Island and therefore did not need one through Collier County. -Mr. Shriner made a motion to approve. It was seconded by Pat Baisley. -Mr. Duren stated that he lived in California and the company he worked for required the drivers to have a urine and blood test, and a physical. He added that in Marco he knew of a lot of retired drivers who never had physicals to be a driver. He explained that he believed it would be a good idea. He also stated that he knew of some people who are drivers and have physical conditions which they did not tell there employers about. He suggested that the county hire a doctor to do physicals for these businesses. -The motion was recalled. The motion passed unanimously, 4-0. (Mr. Walburn was not present, he left the meeting at 11:00 AM.) VII. Hearing -There were no scheduled hearings. Page 13 March 3, 2003 VIII.Old Business -There was no old business to discuss. IX. Complaint Report -Michele Arnold stated John Marsh was present to review what Code Enforcement is doing. She added that Ekna Hu is no longer with the department, because she moved to a new department within the division. She explained that the new staff member Endira will be responsible. She explained that Endira is currently going through the companies that have not renewed. Mr. Marsh is calling these companies to see if they are still in business. If a ride is offered to code enforcement through a company that is not renewed, then a violation is given and code enforcement reviews it with the manager of the company. She noted that the files are currently in bad condition, but they are in the processing of correcting this situation and bringing the files up to date. -Mr. Csogi asked if they could have a fast-track method if they see a violation, similar to what Mr. Walburn was requesting. Michele Arnold stated that they could call code enforcement and they also have an online complaint system. She explained that license plate numbers assist in this process and you do have to leave your name. -Mr. Marsh stated that they have done 9 vehicle for hire cases over the past month. He added that they are going to try to go to the neighborhood meetings and request that if they allow posted advertising for businesses, that they check that they are legal and legitimate businesses before they allow posting. -Mr. Walburn asked if they could check up on the Hollywood Limo company since there have been so many problems. Mr. Page 14 March 3, 2003 Marsh stated that he does drive by the companies and does random checks. Xe Discussion- Increasing Taxi Fare -Mr. Csogi reminded the committee that they had been in a similar situation in the last year. -Mr. Shriner stated due to the increase in the cost of gas he would not be opposed to $1 surcharge for each "drop" as long as it was only for a limited time. -Mr. Palmer stated that the last time they did this, it was only to subsidize for the increase in gasoline. He added that they might have reserved the right to do this through resolution. Mr. Palmer stated that they would have to "recommend" this to the BCC. -Mr. Shriner made a motion for a recommendation to the BCC to give up to $1 to the driver and to give direction to staff to take care of the executive summary. It was seconded by Pat Baisley. All were in favor; the motion passed unanimously, 4-0. -Michele Arnold stated she would take care of the executive summary. -Mr. Csogi stated that a sticker noticing that the surcharge is applicable should be placed on the taxis. -Mr. Whitney asked about a time limit. Michele Arnold replied that there would be a time limit placed in the executive summary. XI. Adjournment - There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:33 AM. Page 15