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PVAC Minutes 03/06/2006 R March 6, 2006 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Naples, Florida, March 6, 2006 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 A.M. in REGULAR SESSION at the Collier County Development Services Building, 2800 N. Horseshoe Drive, Conference Room #609, Naples, Florida, with the following members present: CHAIRMAN: Tony Marino Russ Berghuis Randall Smith Dale Schultheis Reg Buxton Richard Schmidt, Alternate STAFF PRESENT: John Marsh, Supervisor/Code Enforcement Evelyn Trimino - Administrative Secretary Michelle Arnold - Director/Code Enforcement Michaelle Crowley - Investigator/Code Enforcement Thomas Palmer - Assistant County Attorney AGENDA COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE March 6, 2006 9:30 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 . Call to Order II. Roll Call III. Approval of Agenda IV. Approval of Minutes: February 6, 2006 V. New Business: A. New Application: 1. Naples Limousine - New CTO 2. Racing Limos of SW FL, Inc. - New CTO 3. TLC Transport - Sub Certificate of TLC Non-Emerg Med Transport 4. Myers Limo - New CTO VI. Complaint Report - Michaelle Crowley VII. Discussion: Draft of Ordinance Amendment VIII. Next Scheduled Meeting Date: April 3, 2006 IX. Adjournment March 6, 2006 I. Call to Order The meeting was called to order by Chairman Marino at 9:30 A.M. II. Roll Call Evelyn Trimino took roll call and a quorum established. III. Approval of Agenda Russell Berghuis moved to approve the Agenda. Second by Dale Schultheis. Carried unanimously 5-0. IV. Approval of Minutes: February 6, 2006 ADD- Under Item v: - New Business, the following: John Marsh presented the following application packages, which have been recommended for approval by Staff. Russell Berghuis moved to approve the minutes of February 6, 2006, as amended. Second by Reg Buxton. Carried unanimously 5-0. V. New Business: John Marsh presented the following application packages, which have been recommended for approval by Staff. A. New Application: 1. Naples Limousine - Request is for new CTO. Thomas Brennan is the new owner and was present. After brief discussion regarding the maximum number of vehicles, approval was granted. Randall Smith moved to approve the CTO application. Second by Russell Berghuis and carried 4-1. Dale Schultheis voted no. 2. Racing Limos of SW FL, Inc. - Request is for new CTO. This is a franchise and Norman Hinspeter is franchisee. Bryan Pease is the franchisor. Question arose on decals and racing ads. Also, that the color of vehicle noted on application is stated as being plain white. Pictures of the vehicle in question were passed around. Tom Palmer stated that the purpose of the Ordinance is not to have rolling billboards. Decals and the racing stripes are allowed, in that racing theme is logo of company. Mr. Pease stated that the Franchise receives no money for decals on vehicle and they are not for advertising purpose, just to give a Nascar-type look to the vehicle. They will adhere to the requirements of Ordinance for Collier County. 2 March 6, 2006 Russell Berghuis moved to approve the CTO application. Second by Dale Schultheis. Carried unanimously 5-0. 3. TLC Transport, Inc - Request is for Sub Certificate ofTLC Non-emergency Medical Transport, Inc. Explanation of request to add a vehicle for charter service provided by the representative of TLC Transport, Ricardo Hoyos. Will have no more than two (2) vehicles. Russ Berghuis moved to approve the Sub-Certificate application. Second by Randall Smith. Carried unanimously 5-0. 4. Myers Limo - Request is for new CTO Representative of Myers Limo, Inc., Izzatilla Shermatov and partner Arthur Simpson were present. There will be two (2) vehicles, a stretch limo and a sedan. Questions on local address and local phone number were posed. Local phone numbers were assured. Staff recommends approval with stipulation that before decaling for Collier County vehicles are to be re-registered as Class 9 and Lease Agreements are to be submitted. Russ Berghuis moved to approve the CTO application with stipulation that vehicles are re-registered as Class 9; and that Lease Agreements are submitted. Second by Randall Smith. Carried unanimously 5-0. VI. Complaint Report: (Handout) Michaelle Crowley went over the current status of complaint report with the Committee, answering several questions. She stated that there were 36 patrol cases opened. Of those, 10 were for non-renewal ofCTO. All but two have been resolved, Naples Limo and Able Transportation. She is working on these. Among the other complaints that staff is working on are complaints of: 3 March 6, 2006 · unlicensed drivers at Checker Cab · surcharges being charged by Corporation Cab · drivers with commercial addresses · offsite parked bus with advertising sign on the side for a vehicle for hire Tom Palmer said the bus with advertising is a Sign Code violation and not an issue for this committee. Michaelle Crowley also stated that she is doing site visits and spot checks, verifying CTO, Decals, Driver Licenses and Proper Identifications. VII. Discussion: Draft of Ordinance Amendment Tom Palmer reviewed the draft of the Ordinance. Questions arose on the wording of the draft and the original intent of the committee to create the Ordinance. Discussion is that anyone with the word taxi in its name can operate taxis. But if you do not operate taxis, you cannot have taxi in your name, except if they operated under those names as of December 11,2002. The intent ofthe committee to create the ordinance was to grandfather in and protect the only known companies, Maxi Taxi and Naples Taxi (who have the word "taxi" in their names (but do not provide metered taxi service), so they are still able to operate without changing their long-held names. The confusion in the wording of the draft is that other unknown companies, or those coming into Collier County from other areas and fall into this category would also be grand fathered in. The committee wanted a distinction in the wording to allow only "currently certificated" companies to be grandfathered. Mr. Palmer sees a legal problem in the future if other companies are excluded. Discussion followed on process to change and the delay in having to bring it to BCC again and then back to committee. Russ Berghuis made a motion to take a vote on whether to amend the wording of the Ordinance draft or not. Second by Dale Schultheis. Not carried due to confusion on the motion. A second motion by Russ Berghuis to accept the Ordinance as it stands was second by Dale Schultheis. Not carried due to objection of Randall Smith that the vote was contrary to the issues just discussed regarding the committee's objection to the wording. THE T APE WAS REPLAYED Some of the members had thought a nay vote would deprive Maxi Taxi of their temporary permit or that BCC would then object to the wording change, defeating the object of providing the companies the opportunity to grandfather in the use of their long-standing names. 4 March 6, 2006 Michelle Arnold stated that would not happen and that the committee should state their position and direct staff if they are in favor of the language as presented or not. The attorneys will then make the proper change to the wording to support that position and make recommendations to the BCC for approval. Mr. Schultheis then withdrew his second and a new motion was made. Randall Smith moved to direct the County Attorney to re-write the language in the draft of the proposed Ordinance Amendment wording to add that any currently Certificated companies and/or those that were Certificated prior to December 11, 2002, in Collier County, be allowed to apply for a CTO or Sub- certificate. Second by Russell Berghuis. Carried 5-0 Speakers: Todd Master, Maxi Taxi- Wanted to discuss requiring Certificate holders to have Workman's Compensation to protect drivers. Committee suggested this item be put on agenda for next meeting Fizz Papps, Dolphin Transportation- Mentioned issues with 1099 and IRS questions. The committee suggested this be put on the agenda for next meeting when the attorney is present to advise. Michelle Arnold suggested a workshop be held and industry members be contacted to come forth with all issues to be addressed. The committee agreed. George lead, Continental Transportation -Had questions on keeping business name. Fictitious Name renewed. Was told company no longer existed. Wants to appeal non-renewal of CTO. Committee said he needed to re-apply under requirements that say if company doesn't provide for service 7 days in a row will have to follow re-application process. Committee sees no problem in approving application. Bryan Pease, Racing Limos, Inc. Spoke Previously VIII. Next Scheduled Meeting Date is April 3, 2006 - 9:30 A.M. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 11:12 A.M. Collier County Public Vehicle Advisory Committee Chairman, Tony Marino 5