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PVAC Minutes 05/05/2003 RMay 5, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Naples, Florida, May 5, 2003 LET IT BE REMEMBERED, that the Collier County Public Vehicle Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:30 AM in REGULAR SESSION at the Collier county Government Center, 2800 N. Horseshoe Dr., Conference Room "E", Naples, Florida, with the following members present: CHAIRMAN: William Csogi Dan Shriner (9:40 AM) Patricia Baisley Allen Walbum (Absent) Nick Whitney ALSO PRESENT: Michelle Arnold, Code Enforcement Director Janet Powers, Operations Manager Indira Rajah, PVAC Coordinator Tom Palmer, Assistant County Attorney John Marsh, Code Enforcement Page 1 May 5, 2003 William Csogi called the meeting to order at 9:30 AM. I. Roll Call was taken - a quorum was established. II. Additions or deletions - Mr. Csogi thought the letter sent out was going to be on the Agenda - a letter sent out by Michelle Arnold to all companies concerning their permits be filled out or they will be suspended. Michelle stated a letter went out notifying them their certificate could be pulled if they didn't supply the information needed. Mr. Palmer - Assistant County Attorney - stated they can not suspend. It becomes an Insurance issue. He stated they need to find on a case by case basis, whether they are driving vehicles without an ID. Michelle stated that is the process they are going through. A letter was mailed to all companies in December giving them until January to comply and the Committee still does not have information on several of the companies. III. Approval of Agenda: Mr. Csogi added "C-Policy" under "New Business". "B - Increasing Taxi Fares" was deleted under "Discussion". Pat Baisley moved to approve the Agenda. Seconded Nick Whitney. Carried 3-0. III. Approval of Minutes: April 7, 2003 Pat Baisley moved to approve the Minutes of February 4, 2003. Seconded Nick Whitney. Carried 3-0. Pat Baisley moved to approve the Minutes of April 7, 2003. Seconded Nick Whitney. Carried 3-0. IV. New Business: a) Carey Limousine of Florida DBA Carey Limousine of Naples (applied for). (Dan Shriner arrived at 9:40) Mike Sobel was in attendance. It was noted the Application has been paid but need inspection sheets on the Ritz Carleton vehicles. Page 2 May 5, 2003 Mr. Csogi moved to approve the Application, with the Social Security number, and as long as the vehicle inspection sheets are handed in on all vehicles. Seconded Pat Baisley. Carried 4-0. b) Public Speakers: Brian Spaulding- Naples Concierge- He asked if there was a difference between sub-contracting and brokering. Naples Concierge would broker transportation. The client and payment would be theirs. They would hire a transportation company and be compensated. His interpretation of the Ordinance is that if there is compensation, they need a permit. In speaking with Ms. Powers, they felt it was a gray area and to speak to the Board. Mr. Palmer stated brokering is not regulated and is considered as DBA (doing business as). As long as the companies that are providing the service are actually doing the driving, and are certificated, they are not regulated. Mr. Spaulding asked about running an ad. Mr. Palmer stated he can as long as the business is available, certificated and they are providing services in Collier County. Mr. Csogi said he can advertise as a concierge service but not as a limo service. Language in the ad is important - that they are calling the concierge and not directly to the company. (Representative of the company) Mr. Spaulding would like to present the ad before submitting it in order to make sure the ad is legal and correct. Joe Morrow - SWFL Business - Permits were gotten, and then he found out about the ID. He called Ms. Powers about a statement "written receipt given upon request". Some of the companies they are dealing with state - "they are not to give a written receipt but give the customer an 800# to contact them and they will fax within 24 hours". Most of the businesses he does are all paid for in advance by corporations. Pat Baisley stated as long as the information is given to them on how they can obtain a receipt it is okay. c) Policy: Discussion followed on people that do not hand in drivers list. Michelle stated they sent out a request since the last meeting and didn't get the response they hoped for. They asked them for the full list of all their drivers. If they did get a list, the people did not come in for an application to start the process. Janet mentioned 22 companies did not respond. Page 3 May 5, 2003 Mr. Palmer stated these companies should have a notice "to show cause". Respond or show up at a meeting. People cannot be driving without ID's. A date should be in the letter to comply or show up at the Boards next meeting. If they don't they can be fined. Discussion followed on suspension and when they can expect an answer from the companies that did not comply. The Ordinance has limited basis for suspension without a hearing. Mr. Palmer stated you can suspend someone if they are driving without insurance, also a hearing can be in abstentia, if they don't show up the Board can hold a hearing without them. If they have been ordered to attend the meeting and proven they have received a notice and do not show up - it is a violation of the Ordinance. Michelle Arnold noted she will send a letter to all 22 companies. Mr. Palmer stated it should state that they must give the information needed by a certain date, or show up at the next Board meeting and explain to the Board why they should not have their certificate suspended. This is a "notice to show cause". Discussion followed on people being properly served. The County sends out Certified mail, but problem is if it is not picked up - the attorneys say it is not served. Need to keep a current address list. Michelle stated if they do not sign for their certified mail it is not served. It was noted the County has made numerous telephone calls, ads in the newspaper and letters sent out by certified mail. Some of the companies are totally ignoring the process and not complying. Mr. Palmer felt a Sheriff's service serving the notices would be inexpensive and very effective. It is then signed that they have been served. Mr. Csogi noted Code Enforcement should work with Mr. Palmer on serving the notices and whether they can use Mr. Marsh to save money, if not they will use the Sheriff's office. Mr. Palmer states it is a violation of the Ordinance for someone to drive a vehicle without an ID. If the companies are allowing their drivers driving with out an ID, the company is in violation of the Ordinance. It must be documented when a telephone call has been placed and the context of the conversation as to noticing them of their violation. It can be part of a testimony. Mr. Palmer stated the companies need to tell the County if they have drivers driving without ID's. Page 4 May 5, 2003 An updated list can then be kept. Fizz Papps - Dolphin Transportation - he wondered if it will take 3 months to get permitted when hiring a new driver. This is a new process for Code Enforcement, and when everything is in place for a full year, the process will be very simple and expeditious in the future. Discussion followed on whether the Ordinance states the ID has a time frame or not. Background checks are different than getting the $50.00 ID card. Mr. Palmer understood the Ordinance stated the ID's were given with perpetuity. Mr. Csogi asked the time frame for the ID's be put on next months agenda for the understanding of the Ordinance. In answer to Mr. Papps question; when the background and criminal records are checked and the paper work is filled out, the process is finished. The criminal check shouldn't take more than 2 weeks. Once a driver applies, they can be hired and drive. VIII. Old Business: - None IX. Complaint Report: Michelle read from the Ordinance - "each certificate holder will be responsible for insuring each certificate holders drivers verify every twelve months by providing staff with an official copy of the individual background and criminal records and a sworn affidavit delivered to Code Enforcement." Letters should be sent to all the companies in December to remind them - they have one year from their original issuance. There may be a misconception that the ID has to be renewed every year. The ID is issued and good for one year but the background done every year. Mr. Whitney thought it would be helpful if they would get a notice from the insurance companies that the driver's license has been suspended. The companies have a responsibility and obligation to notify of DUI's or other violations. John Marsh - gave his report: -12 vehicle complaints this past month. - 3 open cases at this time - 2 letters of violation out (operating without Cert.) Page 5 May 5, 2003 Ko Discussion: A. Sexual Offenders - the Ordinance does address sexual offences, but not quite as broad as sexual offenders. - Registered Sex Offenders May want to change Ordinance Need policy May want to state ineligible in Collier County Mr. Palmer will get more information to Michelle Mr. Palmer will find out if the criminal background checks are limited to disclosure. B. Deleted C. Discussed earlier. D. Discussed earlier. Wayne Beazer- Carway Town Car - he discussed the time process of Driver ID's, FBI checks, and fingerprinting etc. in other parts of the state. It was pointed out that in some areas they are handled by other departments, such as the Sheriffs Dept., and more staff. (Larger counties, more tax base) He also informed the Committee of seeing approx. 13 other vehicle violations being without permits stickers etc. in one week. He wondered what they are doing to tighten up the system. Discussion followed on getting pictures, videos or license plate numbers and then following through. Mr. Csogi suggested a more distinguished color or shape from year to year for the permits so they can be more identifiable. They also suggested they be put on a different area of the vehicle to be seen more easily. Renewal of the permits will be December through January. Michelle asked about insurance rates for non-emergency vehicles since a question had been asked. The Committee said the rates are all the same and if there is a problem with a particular company, they should come before the Committee. Mr. Csogi referred to a quote in the Naples Daily News by Commissioner Coletta questioning the value, expense and payback they are getting from the Public Vehicle Advisory Committee. Mr. Csogi said they have made a lot of headway in the past three years and have made changes for the better and making the industry safer. The Committee didn't think Commissioner Coletta spoke for the rest of the Commissioners, and perhaps should invite the Commissioners to attend a meeting from time to time. Page 6 May 5, 2003 Mr. Palmer felt the volunteers for the Boards and Committees deserve more appreciation and recognition with perhaps a nice plaque. Mr. Csogi stated he wasn't looking for a plaque but for the Board to be in agreement for what the Committee is doing in enforcing their policies. Mr. Palmer stated the staff sees the valuation of the Committees. It was suggested to make a report to the BCC annually instead of every three years of their goals and accomplishments. They suggested doing a report at one of their forthcoming meetings. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 11:05 AM. COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Chairman Mr. Bill Csogi Page 7