Loading...
PVAC Minutes 10/06/2003 ROctober 6, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY BOARD Naples, Florida, October 6, 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 Community Development Services Building, 2800 N. Horseshoe Drive, Code Enforcement Conference Room "A", Naples, Florida, with the following members present: CHAIRMAN: Chairman Bill Csogi Patricia Baisley Dan Shriner Allen Walbum Nick Whitney (Excused) ALSO PRESENT: Michelle Arnold, Code Enforcement Director Janet Powers, Operations Manager John Marsh, Code Enforcement Tom Palmer, Assistant County Attorney AGENDA COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTE~ October 6, 2003 9~30 AM Collier County Community Development Services Buildinq 2800 N. Horseshoe Drive Code Enforcement Conference Room A 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. I. Roll Call II. Additions or Deletions III. Approval of Agenda IV. Approval of Minutes: V. Notices VI. New Business: VII. Hearing VIII. Old Business IX. Complaint Report X. Discussion XI. Announcements Regular Meeting September 11, 2003 John Marsh, Field Supervisor Ordinance revision XII. NEXT MEETING~ November 3, 2003 Roll Call - The meeting was called to order by Chairman Bill Csogi at 9:42 AM. Roll call was taken and a quorum was established. Nick Whitney is excused. Eric Hyde is a regular member of the Board. He has had 3 unexcused absences, and the Committee questioned whether he will remain on the Board. The Ordinance states the Board should have 3 affiliated and 2 non-affiliated members. Michelle Arnold will check with Sue Filson on the members' and their terms before the end of the meeting. II. III. Additions or Deletions to the Agenda: None Approval of Agenda: Pat Baisley moved to approve the Agenda for October 6, 2003. Second by Allen Waiburn. Carried unanimously 4-0. IV. Approval of Minutes: September 11, 2003 Dan Shriner moved to approve the minutes of September 11, 2003. Second by Pat Baisley. Changes were noted: Russ Baisley is correct spelling of last name. Meeting was held in Conference Room "A". Last page/last sentence - short an "alternate". Motion and second was amended with changes. Carried unanimously 4-0. V. Notices - None VI. New Business: Election of Officers - Pat Baisley nominated Allen Walburn for Chairman. Second by Bill Csogi. Nominations were closed. Carried unanimously 4-0. Allen Walburn is Chairman. Bill Csogi nominated Dan Shriner for Vice Chairman. Second by Pat Baisley. Nominations were closed. Carried unanimously. Dan Shriner is Vice Chairman. The meeting was turned over to the new Chairman - Allen Walburn. VII. Hearings - None VIII. Old Business: - Michelle Arnold had no items - rates will be on the next meeting Agenda. 2 IX. A Standardized form was discussed and needs to be done to simplify the application process. Need standardized rates for charter companies & regulations for window tinting. Miehelle Arnold suggested they not regulate the rates, but to ask them for their update on the rates. Tom Palmer - Assistant County Attorney - mentioned if the companies change their rates they are supposed to give an updated rate schedule according to the Ordinance. Michelle stated at the time of renewal their rate schedule should be submitted to the County. Discussion followed on whether the Board has the power to set rates. Mr. Palmer would recommend a policy from the Board. A lengthy discussion followed on rate charges for taxi cabs and limos, regulating them and violations. Bill said they have had trouble with taxi cab and sedan companies for years and wondered if Collier County was the only County that regulates sedans. The answer was "no". If the Committee has no formal complaint with documented cases, it isn't up to the Committee to get involved. Complaint Report - John Marsh, Field Supervisor John handed out a sheet to the committee members of his log on "Prom Stings 2003". (Attached) He made notc'thc expired decals came back from Hollywood and Elite. All cases arc closed and thc citations paid. Markings on the side of vans were discussed and a picture displayed. These vehicles are seen mostly at the airport. Charter companies are not to have lettering on their vehicles other than their numbers. A 1 hour Orientation process with the companies on the Ordinance was discussed. Notification of transfer of vehicles should also be done according to the Ordinance. This is a violation. Each day the companies do not tell staff the vehicle has been sold, is a direct violation. When there are violations, the Ordinance needs to be enforced. Michelle responded that Code Enforcement can not give citations unless it is a Health, Safety issue. Lack of notification to the Cmmty and her office is not a health, safety issue. She feels the State Statutes need to be changed for the Code Enforcement Board. They are not authorized to issue a citation immediately. The Public Vehicle Advisory Committee has the authority to do it directly, refer issues to the Code Enforcement Board and keep them in house which is more expeditious than the statutory requirements of the Code Enforcement Board. 3 A notice of violation goes to the perpetrator informing them of the violation and fine. They should pay it or appear in front of the PVAC. Michelle made a correction and stated it is not the Code Enforcement Board process, but the Statute that regulates their authority and ability to issue warnings, notices, and citations. The Code Enforcement Officer "must" provide notice of violation, and "must" give sufficient time to correct before fining. Exception is a Health Safety issue. Mr. Palmer stated the PVAC is not bound by the procedures in that Statute. He thought the Ordinance allowed them to fine immediately. More discussion followed on violations and the $25.00/a day fine. Mr. Palmer stated they want to get away from the Code Enforcement Board and go through the PVAC and instantaneously give them a paper stating they are in violation and the fine starts immediately. Bill Csogi summarized it all by saying their goals were to redo the Ordinance, then make sure everyone is in compliance, and now move ahead with the disciplinary procedures. Elite should be brought in at the next meeting and show cause why he sold his vehicle without contacting the County and why he shouldn't be fined. Allen Walburn wants Tom Palmer and staffdo some research on how to resolve the issue and bring it back to the next meeting with a policy. Michelle stated that she would like to be provided with needed documentation from legal council so Code Enforcement will know how to proceed. SPEAKERS Mickey Mandel - OK Transportation - he asked who he should contact if he needs to make a complaint. The answer was "the PVAC staff" needs to be contacted. The PVAC is not to hear complaints but to deal with facts and issues. He stated the City of Marco Island does not enforce any violations in Transportation. Mr. Palmer responded they need to adopt their own Ordinance. Allen Walburn moved to request the Collier County Legal Dept. formulate a plan and a form, to allow staff to be able to operate at the will of the PVAC and give Code Enforcement the ability to site violators legally and more expeditiously. Second by Bill Csogi. Carried unanimously 4-0. Discussion - Ordinance Revisions (Attached) - The Committee discussed the different changes noted. (Attached) Many Statutes were adopted that the court could deem a sexual predator and they cannot be involved in a public school system. Ordinance provision goes back for 10 years. Mr. Palmer suggested they state "if the sexual crime is more than 10 years ago - it is not a violation - if it was 3-10 years they would have to get an exemption." - Discussion followed on compulsive behavior, sex crimes, rehabilitation, legal issues and taking them on a case by case basis. Allen Walburn moved to approve the changes Mr. Palmer made to the Ordinance Section 142-37, making the window of opportunity 3- 10 years with compelling evidence of a sexual crime. Second by Dan Shriner. Carried unanimously 4-0. XI. Announcements: none XII. Next Meeting: November 3, 2003 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:02 AM. COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Chairman Allen Walburn