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PVAC Minutes 06/02/2003 RJune 2, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Naples, Florida, June 2, 2003 LET IT BE REMEMBERED, that the Collier County Public Vehicle Advisory Committee in and for the County of Collier, having conducted this business herein, met on 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 Patricia Baisley Allen Walburn Nick Whitney ALSO PRESENT: Michelle Arnold, Code Enforcement Director Janet Powers, Operations Manager Tom Palmer, Assistant County Attorney John Marsh, Code Enforcement Page 1 AGENDA COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE June 2, 2003 9:30 AM Collier County Community Development Services Building 2800 N. Horseshoe Dr. Naples Florida 34104 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 Il. Additions or Deletions III. IV. Approval of Agenda Approval of Minutes: May 5, 2003 Notices VI. New Business: VII. A) Revocation of Resolution 2003-130 authorizing a $1.00 surcharge per fare Hearing A) Packet to be distributed at meeting VIII. Old Business IX. Complaint Report A) Prom Sting B) Checker Cab car #66 removed from service for extensive damage to the rear of the vehicle as noted in the NOV personally served to Kenneth Mastrodominico. Comply by date: June 15, 2003 X. Discussion A) County Attorney: clarification of 2001-75 Section 142-28 (b) XI. Announcements A) The Code Enforcement Department now has direct access to a database for doing background checks. We anticipate a 3-5 day turnaround on ID's. B) There will be no meeting scheduled for July 2003 to allow staff the opportunity to focus on producing Driver ID's. Next meeting August 4, 2003 June 2, 2003 William Csogi called the meeting to order at 9:37 AM. 1. Roll Call was taken and a quorum was established. 2. Additions or deletions -None 3. Approval of Agenda - None Approval of Minutes - May 5, 2003 Pat Baisley moved to approve the minutes of May 5, 2003. Shriner. Carried 5-0. Seconded Dan o Notices - Michelle Arnold reported notices were sent to companies that needed to supply additional information as to their drivers and correct addresses etc. by a certain date, or attend the Public Vehicle meeting on June 2nd. Approx. 60 notices were sent. There were 22 companies in compliance, some no return receipts received and no response. Those that did not comply were not in attendance. (5 companies) This is the third notice sent. Members were given information in their packets to review. (Attached) Dan Shriner recommended suspending companies that have drivers that do not have the County ID. It is the drivers they are trying to regulate. Allen Walburn stated it is cheaper to be illegal than legal. So they need to make the penalties harsh enough to comply with the Ordinances. He suggested citing the companies and instituting a fine and daily penalty for non-compliance. Mr. Palmer reminded the committee they do not have the power to suspend a company, only the Board of County Commissioners does. He asked if the list is a current updated one. Michelle responded she assumes it is current since they have asked the companies to supply that information to the County. Bill Csogi said the companies have failed to supply the correct information, and asked what they can do about it. Mr. Palmer stated they can be fined daily until they comply. He did not see the information in front of them until a few minutes ago and would like a chance to look it over before there are any hearings held. Michelle made a point that drivers can drive for multiple companies therefore should be on multiple lists. They should not be driving or hired for any company unless that driver has a County Permit. Page 2 June 2, 2003 Mr. Palmer stated if the driver is driving for a company with no ID, the company is then in violation. He thinks the fine is $25.00 a day but will check to make sure. His recommendation is to give the companies an "order to show cause". There are 3 possibilities for them 1) get them offthe list due to not driving any longer 2) Should have come in and gotten ID & didn't or 3) come in next month and get the ID. That information needs to get pinned down with each company on an individual named basis. Allen Waiburn moved to institute a fine (notified by staff) effective by August 5th, 2003, for every company not in compliance, be assessed a $25.00 a day violation, for each violation deemed by Code Enforcement, until which time they are in compliance and their license is either renewed or revoked. Mr. Palmer suggested they obtain a list from each company of each driver hired and their status. Much discussion followed on the above motion. Michelle requested the Committee give staff 2 months to come back with specific names of drivers that they have not received any information, and do their enforcing of the Ordinance. Then they will bring the information back to the Committee of the driver's names that should not be driving for specific companies. They will provide the list of those drivers to the City of Naples Police and the County Sheriffs office so they know they should not be driving in Collier County. She is not sure they can enforce anything unless they have proof the person is in non-compliance and driving in Collier County. Mr. Palmer stated they should enforce a sting operation and fine the companies. Pat Baisley stated not all drivers have their ID's but a receipt; as the background checks have not been completed. Michelle said the company they are working with is not giving them the background checks in a timely manner. Discussion followed on the fine procedure according to the Ordinance. Under the Ordinance they can fine the driver $105.00 or whoever the citation is issued to. Dan Shriner seconded the motion. Mr. Walburn amended his motion that the effective date be set by staff. Mr. Shriner agreed to amend his second accordingly. Motion carried 4-1. Nick Whitney voting "no". Mr. Palmer suggested staff move quickly on the addresses and non-compliances. Page 3 June 2, 2003 e New Business: A. Revocation of Resolution 2003-130 authorizing a $1.00 surcharge per fare. Bill Csogi moved that since the median average has dropped below $1.55.9 for gas the surcharge is revoked. Dan Shriner seconded. Carried unanimously 5-0. Mr. Palmer will check to see if this needs to be followed with the Board of County Commissioners. ge Hearing: J. Blan Taylor - Taylor Limousine was sworn in by Janet Powers. He was sent a letter concerning his driver/s - and stated the County would have it that day. He is the only driver and submitted it in writing. He has one vehicle (a limousine). Old Business: Bill asked Mr. Palmer about the question at the previous meeting concerning sexual offenders. Mr. Palmer responded the State Statues or Ordinance does not disqualify them to prevent them as drivers. Nothing can be superimposed of what is in the State Law. Complaint Report: A. Prom Sting - John Marsh - gave a report on three prom sting operations. - 6 limos at one site and all legal. - 20 limos at two sites - 4 citations given - 2 at each site - One company has been given a notice of violation since that time - Hollywood Limo - Elite (Debbie Weber) and LimoBus.com -Expired decals - 2 were cited - LimoBus.com has not been cited as of yet. - Citations were for $105.00 Discussion followed concerning Hollywood and Elite companies, expired decals and the fines. Mr. Palmer stated a notice has to be given to a company in violation that the County is charging them for a violation. If it would be a continuing violation concerning decals etc. it can be done day by day as a separate violation. Bill Csogi moved for staff to send letter to Hollywood Limo to "Show Cause" and for them to appear at the August 4th meeting that they are in violation of not having a vehicle certificated. Seconded by Nick Whitney. Discussion followed on the Vehicle Identification Number and who owns the vehicle and stickers. Page 4 June 2, 2003 Motion was amended to include Hollywood Limo bring their Log Books to the meeting also. Mr. Whitney amended his second. Carried unanimously 5-0. Dan would like to see them bring their insurance records also. John Marsh mentioned Elite Limo had expired decals, gave them a warning and a letter to comply with a letter of violation. The decals have now been taken care of. Allen Walburn moved "Elite" submit driver logs and "show cause" on both vehicles by the August 4th meeting why the vehicles were operating without a certificate. Seconded Dan Shriner. Removing the old and affixing the new stickers was discussed. Procedure in Lee County was also discussed Motion carried unanimously 5-0. A-1 Communications and Debbie Weber was discussed as to the violations of no certificates and ID. The Committee directed Code Enforcement staff to check "A-1 Communications'" occupational License. Be Checker Cab car #66 removed from service for extensive damage to the rear of the vehicles noted in Nov. personally served to Kenneth Mastrodominico. Comply by date: June 15, 2003. Janet Powers explained the damage to the vehicle and the procedure followed. She felt it was unsafe and she had received a complaint from a fare. 10. Discussion: A. County Attorney - clarification of 2001-75 Section 142-28 (b) A lengthy discussion followed concerning the differences of "Limo Buses/Party Buses", Charter Buses and the white passenger buses going to the airports. A clarification was made concerning the number of passengers and not being regulated under the Ordinance. Inspection reports were talked about along with certain buses being regulated by the State. Party buses are different than a regular Charter bus. SPEAKERS Russ Baisley - Discussed the bus situation and being 15 or more passengers. Mentioned the distinctions the Committee is trying to make are impossible. Greyhound operates nationwide with a common carrier. There are privately owned school buses. These busses are inspected by DOT and not under the scope of the Collier County Ordinance. He didn't think the Board should have any Page 5 June 2, 2003 legitimate concerns when operated and regulated under DOT. He talked about the Permit process. Mr. Palmer added that if someone is being inspected by a State agency, the County would accept that as "the" inspection. That is not the issue. They are not talking about regulating the "common carrier" or the driver driving the bus. If there is a State issued ID to a driver authorized by an agency to drive cruise busses from Miami to Collier County and back, and inspected, Collier Country would not have anything to do with that company. They are concerned about someone operating a bus under a Collier County Certificate and if they have an authorized driver. He stated if there is a 14-passenger van and a 35-passenger bus operating under the same company, they should get it on the fleet, get it insured and ID'ed by Collier County. Scott McGaughey - MBI Charter Bus Co. - He had been Chairman of the Public Vehicle Advisory Committee in 1986. He discussed tour bus Companies being a 16 passenger including driver, and being under the US DOT & FDOT regulations for inspections. The following was discussed. - Committee shouldn't regulate them. - Looking out for the interest of the people of Collier County and the Commissioners. - Florida is a Deregulated State - but DOT regulates them & complies with there rules. - Inspections done - Driver CEL - Drug Tests - Opening up to Liability - Felt it should be taken out of the Ordinance - State supercedes Ordinance J. Blan Taylor - Taylor Limo - discussed various topics including the stickers, ID's, picking up people at the airports and not wanting to deal with the Board. Also picking up in Collier County and not being certificated here. Many do not have stickers or permitted in Collier County. Vehicles are either a limo or a bus or not. Talked about vans and being regulated. Lee County is different and is thinking it would be easier to stay in Lee County. All he would have to do is get the $35.00 permit occupational license and no sticker. Didn't feel there is any enforcement in Collier County, maybe one once in awhile and felt Collier County needs to figure out a solution. Mr. Palmer still felt a sting operation would stop a lot of the violations. They need a plain clothed deputy from the Sheriffs office, but can't get any cooperation from them. Administration decisions need to be made and prioritized and more manpower. The Sheriffs Dept. has a blind eye as to what is going on for public vehicles. It is very exasperating. Page 6 June 2, 2003 The Collier County Commissioners need to be the ones to hear these comments. They disburse the funds to the Sheriffs Department. Allen Walbnrn suggested the companies write a letter, signed by other peers, to the Public Vehicle Committee, with their concerns of non-compliance by many others and he will make a motion it be presented to the Collier County Commission for action. Discussion followed on enforcement -staff states unless they have proof of violation or non-compliance, they cannot do anything. People that are complying are frustrated because of those not complying. It needs to be impressed upon the Board the Ordinance needs to be enforced with more manpower being needed and allocated. Some opinions were to have those complying take pictures of those non- complying and let the County know of the violation/s. Michelle agreed they need documentation and/or evidence. Many Committee members are frustrated with all the complaints that they are not enforcing the Ordinance when they have no evidence. More discussion followed on enforcement. Mickey Mendal - A-OK-Transportation - Marco Island - he stated when he got into the industry and driving taxi 15 years ago, they were in fear of Code Enforcement possibly showing up and taking their taxis. Rules and Regulations were followed, but now, somewhere along the line the priority for Code Enforcement has fallen. Michelle said they are enforcing what they are able to enforce. Mr. Mendal stated 15 years ago the County enforced their own rules, and now the County is asking the owners to be responsible for the owners. Some members said the peer group has to be responsible because the County doesn't have the manpower or the budgets. The Committee is frustrated with all the complaints and not being substantiated. 12. Announcements: A. The Code Enforcement Dept. now has direct access to a database for doing background checks. They anticipate a 3-5 day turnaround on ID's. Will be for same fee. B. There will be no meeting scheduled for July 2003 to allow staff the opportunity to focus on producing Driver ID's. Page 7 June 2, 2003 The next meeting will be August 4th, 2003. Dan Shriner will not be in attendance. They're being no further business for the good of the County; the meeting was adjourned by order of the Chair at 12:10 PM. COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Chairman William Csogi Page 8