PVAC Minutes 04/03/2006 R
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TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE
Naples, Florida, April 3, 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 (excused)
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
April 3, 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: March 6, 2006
V. New Business:
A. New Application:
1. A-1 Cadillac - New CTO
2. Spinning Limos & Transportation Services - New CTO
VI. Complaint Report - Michaelle Crowley
VII. Discussion: Workman's Compensation
VIII. Speakers
IX. Next Scheduled Meeting Date: May 1, 2006
X. Adjournment
April 3, 2006
I. Call to Order
The meeting was called to order by Vice Chairman Russ Berghuis at 9:30 A.M.
II. Roll Call
Roll call was taken by Evelyn Trimino and a quorum established.
III. Approval of Agenda
Add under item v: New Business: A. New Application
3. Discussion Metro Cab conditional approval of sub-certificate update-
requested by Dale Schultheis
Reg Buxton moved to approve the Agenda as amended. Second by Dale
Schultheis. Carried unanimously 5-0.
IV. Approval of Minutes: March 6,2006
Cham!e: Under item VII- amend to withdraw the first two motions
Under Speakers- name is Todd Mastro not Master
Amend: minutes of February 6, 2006 under v: New Business A. 7(a)-
Owner is Sandra Maddux
Dale Schultheis moved to amend the minutes of March 6, 2006 to read that
that the first two motions under item VII were withdrawn. Second by Reg
Buxton. Carried unanimously 5-0.
Russ Berghuis moved to amend the minutes of March 6, 2006 to read, under
Sueakers- change Todd Master to correct name of Todd Mastro. AND to
amend the minutes of February 6, 2006 to read under item V. New Business,
A. 7. (a) Taxi Time-change the name of the owners to Sandra Maddux.
Second by Dale Schultheis. Carried unanimously 5-0.
Russ Burghuis moved to approve the minutes of March 6, 2006 and the
minutes of February 6, 2006, as amended. Second by Reg Buxton. Carried
unanimously 5-0.
V. New Business:
(Michelle Arnold arrived at 9:37. Tom Palmer arrived at 9:39)
John Marsh presented the following application packages, which have been
recommended for approval by staff.
A. New Application:
1. A-I Cadillac - Request is for new CTO
Owner is Forest A. Baker. Has two (2) vehicles, a Dodge van and a
Cadillac, registered as Class 9 in Collier County. Questions arose
regarding 6 cars listed on the insurance. Mr. Baker explained this is a Lee
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County business but only applying for the two vehicles, which already
have Class 9 registration and are owned by the business. Has a Collier
County business address, having leased office space in Collier County.
Dale Schultheis moved to recommend for approval with conditions
that, only the two Class 9 vehicles mentioned be decaled in Collier
County, a Collier County business address is maintained and they re-
apply if and when the additional 4 cars to be used in Collier County
qualify to be registered as Class 9. Second by Randy Smith.
Discussion followed regarding lettering and requirements. Motion for
approval carried unanimously 5-0.
2. Spinning Limos and Transportation Services - Request is for New CTO.
This is a home occupation. Owner was apprised of home occupation
requirements. Needs occupational license for each vehicle since each
vehicle will be operated from a separate location (owner's home and son's
home).
Dale moved to approve application with condition of follow-up in 30
days to allow time to obtain additional occupational license. Second by
Reg Buxton and carried unanimously 5-0.
3. Dale Schultheis requested an update on status of Sub-Certificate for Metro
Cab, operating under Checker Cab Certificate. The conditional approval
was for two weeks while they purchased the business name. Two months
have passed and question is raised that new Certificate should be applied
for if not operating for 30 days.
Michaelle Crowley stated that they are still operating out of Checker Cab
as sale is not final yet (probably within 30 days).
Mr. Palmer stated that it can take longer than 2 months to close the sale
and as long as it is in progress there's no problem of Metro Cab operating
under Checker Cab until sale is complete.
Randy Smith raised a question regarding an advertisement in the Naples Daily
News for Pass Rides, Inc., based out ofFt. Myers that does not have its license
showing in the ad. He requested Michaelle to investigate. Michaelle is aware of
the ad and company will be contacted to include license in their ads.
VI. Complaint Report (handout)
Michaelle Crowley provided explanation to the various components of the
Complaint Report handout. These included 22 action orders or complaints from
citizens or people in the industry, 65 patrol cases including 14 citations, one
person having no Driver ill, with complaints from two different companies.
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There were also 7 citations from employers.
Discussion followed regarding responsibility of drivers and companies with
receipt only for application, and not the actual Driver ID. In past they were not
issued citation if they have applied and have a receipt because of the length of
time to get background checks. However, with computers, time is now expedited
to two or three days. They can not drive without actual Driver ID.
Also discussed, were the penalties for repeated violations. Interpretations differed
whether penalties were for three times a year violation of any ordinance or
violating the same ordinance three times in one year.
Mr. Palmer checked the ordinance that deals with violations and fines, where it
clarifies it as the same or any other violations in 365 days from date of first
violation.. .
Michaelle Crowley stated that most problems are with
· Not having Certificate in possession
· Driver ID not being altered (some are reducing them in size so not visible)
· Communications with arresting officers in DUI cases (she does not get police
report)
· Certificate Holders taking responsibility for proper drivers ID
Mr. Palmer warned of serious consequences for a company if driver is convicted
ofDUI. The insurer could cancel the owner of the company's insurance.
VII. Discussion: Workman's Compensation
Randy Smith spoke about the serious issue of Workman's Compensation. He
suggested that a Workshop be held to keep an unbiased opinion. He has spoken
with an IRS tax specialist, Diane Nash, who is willing to come to a committee
meeting to discuss the issue. She had basically stated that if there is no chance for
economic loss they are an employee and under Workman's Compensation. If
independent contractor and have a chance for economic loss then not under
Workman's Compensation. Mr. Smith stated that the issue is affecting workers
and companies enough to warrant having a workshop.
Reg Buxton moved that the committee hold a workshop on Workman's
Compensation following the next regular meeting on May 1, 2006. Staff will
set it up and notify all companies so they may offer their views. Second by
Dale Schultheis and carried unanimously 5-0.
VII. Speakers: Tom Lugrin-cited length of waiting period for background check.
Was told it is a staff issue.
John Cavin- Complained oftheir being too many companies and it is getting out
of control. Wanted to know if there can be a limit per year.
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Tom Palmer stated that the County the authority to limit numbers for taxi cabs
but will check it out to see if that means all vehicles for hire.
Dale Schultheis inquired if complaint is about a maximum for number of vehicles
or of number of Certificates. Since the PV AC recommends to the Board.
Randy Smith asked if staff could do a study of the merits of the maximizing
and/or putting limitations on the number of vehicles and number of
Certificates. Staff can take a look at it, bring what information they have
and add issue to Workshop agenda for discussion.
Fizz Papps -
· Complained of Apple Transportation repeatedly having no sticker on vehicle.
· Requests consistent enforcement.
· Wanted to know how many complaints are from public versus how many from
within the industry.
· Wants staff to notify companies that drivers cannot drive with only receipt, as
many do not know they can be cited.
· Asked to add to workshop issue of size and display of Certificate.
Michaelle Crowley stated that most complaints come from within the industry.
She has spoken to the owner of Apple Transportation who is not a Certificate
Holder in Collier County but states he is on a continuous trip from Lee County.
Michaelle gave him the definition of a continuous trip, which he was not
complying with. He mentioned some State, Regional and County differences in
interpretation oflaws and complained of being denied due process.
Mr. Palmer stated that ifhe is cited in Collier County and takes issue with it, he
could take his case to the Code Enforcement Board.
Lengthy discussion followed regarding anonymous calls. Mr. Schmidt suggested
a hotline to aid in investigations. Mr. Palmer offered a criteria to define if calls
cause for further investigation, of continuing infractions or are just vindictive or
unfounded, by asking "How do you know it's (the complaint) true?"
Russ Berghuis asked that the discussion of this issue be continued at the next
meeting.
Michelle Arnold added a comment to the discussion topics. She wanted it noted
that Dale Schultheis wrote a letter to the editor, that she deemed to be critical of
the Code Enforcement Board. She said she is offended that an Advisory
Committee member wrote such a letter and wanted it on record that she takes
offense to it.
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VI. Next Scheduled Meeting Date is May 1,2006 - 9:30 A.M. A Workshop will
follow the meeting.
There being no further business for the good of the County, the meeting was
adjourn by the order of the Chair at 11 :48 A.M.
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COLLIER COUNTY PUBLIC VEHICLE
ADVISORY COMMITTEE
Vice-Chairman, Russ Berghuis
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