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PVAC Minutes 06/16/2004 R June 16,2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Naples, Florida, June 16, 2004 LET IT BE REMEMBERED, that the Collier County Public Vehic1e 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, Conference Room #609, Naples, Florida, with the following members present: CHAIRMAN: William Csogi Allen Walburn Michael Mendel Randall Smith Tony Marino Russ Berghuis (Alternate) ALSO PRESENT: Janet Powers, Operations Manager John Marsh, Code Enforcement Tom Palmer, Assistant County Attorney 1 AGENDA COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE June 16, 2004 9130 AM Collier County Community Development Services Building 2800 N. Horseshoe Naples, FL 34104 Conference Room #609 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. Additions or Deletions III. Approval of Agenda IV. Approval of Minutes: May 10, 2004 V. Notices VI. New Business: Cebulski and (1) New Application for Limo Business from: Gary R. Evren Serce, for A Plus Airport Transportation Inc. (2) New Application for Airport Connection Transportation, Inc. from Mr. John Gavin. VII. Hearing VIII. Old Business: IX. X. Complaint Report XI. Discussion XII. Announcements June 16, 2004 I. Meeting was called to order by Chairman William Csogi at 9:30 AM. Roll call was taken with a quorum established. II. Additions & Deletions: None III. Approval of Agenda: Mr. Marino moved to approve the Agenda as presented. Second by Mr. Mendel. Carried unanimously 5-0. IV. Approval of Minutes: May 10, 2004 Mr. Smith moved to approve the minutes of May 10,2004. Second by Mr. Mendel. Carried unanimously 5-0. V. Notices: None VI. New Business: 1. New application for Limo Business from: Gary R. Cebulski & Evren Serce, for A Plus Airport Transportation Inc. Janet Powers mentioned this is a complete application, has been paid and checklist is included in packet. Mentioned the items not checked will be completed upon approval. Approval will be subject to contingencies. The applicants were sworn in by Mr. Palmer. · Mr. Cebulski and Mr. Serce were asked about their citizenship and whether they had any criminal convictions in Turkey. One gentleman is not a citizen. He had none. · Mr. Walburn questioned the confusing names of Airport Transportation and Airport Connection and Airport Connection Transportation. · Mr. Csogi also mentioned the A Action Taxi and A-I Transportation names being confusing. · Mr. Palmer-Assistant County Attorney stated they are both Corporations, therefore the Dept. of State has determined they are not confusing. They would not grant two corporations if they felt they were confusing. · Mr. Palmer suggested they can advertise "they are not affiliated with" so as not to be confusing. The Committee is not in a position to override the fact the State of Florida has already decided the names are not confusing. Mr. Walburn moved to approve the application as presented with the needed documentation. Second by Mr. Csogi. Mr. Csogi asked about representing the public in the confusion of the names being so identical. The two companies are not affiliated with each other. (Airport Connection Transportation and Airport Connection) Can put in advertising that they are not affiliated with the other. 2 June 16,2004 Mr. Palmer didn't feel any of the names ofthe companies were confusing. Mr. Marino asked about the credit report. As long as the responsible party has the financial information is alÍ that is needed. Motion carried unanimously 5-0. 2. New application for Airport Connection Transportation, Inc. from Mr. John Gavin. Janet Powers gave a background history. Airport Connection approved at the January meeting is now defunct. Name was absorbed by John Gavin. There is some litigation on breach of contract with the former certificate holder. A ruling by the Court with the name, Airport Connection, is held off pending the outcome of the litigation. Mr. Gavin has registered the name of "Airport Connection Transportation, Inc.". It is the same business, but had to change name due to the litigation. There has been no correspondence with the former owner, is out of business and should have notified the County. Mr. Gavin has acquired the assets. Mr. Palmer did not see a problem about a company that is no longer in business. The certificate has not expired. The Committee approved the transfer. Mr. Palmer stated "Airport Connection" cannot operate in Collier County without coming back to the Committee. He sees no problem. Mr. Marsh checked out their unit and it is vacant. If the previous owner operates without the proper certificate the appropriate action will be taken. Mr. Walburn moved to approve the application, with the stipulation that it can be withdrawn on a court order that could so designate proprietary rights go back to somebody else. Second by Mr. Smith. Mr. Mendel asked about an arrest record for bouncing checks. (Misdemeanor) Mr. Palmer responded they are interested in convictions and not arrests. Conviction had been 5 years ago. Mr. Mendel stated he has poor credit rating and leasing cars besides ownmg. A bad credit report is not a reason to "not approve" the application. Leasing of vehicles was discussed. Ms. Powers reminded the Committee that Mr. Gavin has made great efforts in getting the proper paperwork to staff and accommodating their requests. 3 June 16, 2004 Motion carried unanimously 5-0. It was noted the stickers have been removed. VII. Hearings: None VIII. Old Business: None IX. Complaint Report: John Marsh The report was handed out to Committee members. (Attached) John mentioned they had 29 complaints. Some still open with the majority being closed. They do take anonymous complaints and find many unfounded. Mr. Palmer responded they can take the anonymous complaints but can find out the factual foundation for the assertions made. He is concerned on the amount of complaints received that are unfounded. They seem to be frivolous and vindictive complaints. Need evidence of a complaint to check whether bogus or not. X. Discussion: Mr. Walburn asked if there was someway to streamline their meetings and not restrict persons in not being able to operate. He asked if staff could issue a temporary use permit and then final approval by the Committee. Mr. Csogi stated the Committee was appointed for the approvals and is not within staffs purview to issue permits. Mr. Palmer stated they would need to amend the Ordinance to give that power to the Staff. He would have no problem if staff has concluded there are no issues with the application and the Chairman sign off on the temporary approval. Mr. Walburn moved to suggest they bring this issue back under "New Business" at the next meeting. Second by Mr. Smith. Discussion followed on the timeline of approval and discussing the process at the next meeting. Mr. Palmer will have a draft for the next meeting. Ms. Powers mentioned meetings are scheduled for the first Monday of every month, and was done so the Committee could adjust their schedules accordingly. Mr. Csogi also noted there are many other items that come before the meetings other than the applications. Public notice was discussed. Ms. Powers stated everyone knows what the time line established is with the application packets and information if they know the meeting is the same time each month. Helps them administer the Ordinance 4 June 16,2004 Motion carried unanimously 5-0. The next meeting was left up to Staff pending any applications and other Agenda items. XI. Announcements: None Mr. Csogi asked that any Social Security numbers be blacked out in the information they receive in their packets. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:20 PM. COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Chairman William Csogi 5