Loading...
PVAC Minutes 05/01/2006 W May 1, 2006 MINUTES OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE WORKSHOP Naples, Florida, May I, 2006 LET IT BE REMEMBERED, that the Collier County Public Vehicle Advisory Board Workshop in and for the County of Collier, having conducted business herein, met on this date at 10:05 A.M. in WORKSHOP SESSION at the Collier County Community Development Services Division Conference room #609, 2800 N. Horseshoe Drive, Naples, Florida with the following members present: CHAIRMAN: Tony Marino Russ Berghuis Reg Buxton Dale Schultheis Randall Smith Richard Schmidt (alternate) STAFF PRESENT: Michele Arnold, Director, Code Enforcement John Marsh, Supervisor, Code Enforcement Evelyn Trimino, Admin. Secretary, Code Enforcement Michaelle Crowley, Investigator, Code Enforcement Tom Palmer, Assistant County Attorney AGENDA COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE May J., 2006 J.0:30 AM Collier County Community Development Services Building 2800 N. Horseshoe Naples, FL 34J.04 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. Workshop I. Call to Order II. Meeting Structure: A. Sue Chapin III. Workman's Compensation IV. Limiting the number of Vehicles V. Proper Display of Driver ID VI. Comments/Speakers VII. Adjournment May 1, 2006 ALSO PRESENT: Sue Chapin, Mancan Diane Nash, Revenue Agent Vincent D. Angiolillo, Class Act Limousine Carole Beazer, Carway Tom Brennan, Naples Limo Jack Bridenthal, USA Faunet Camil, Arkway Taxi John Daugherty, Checker Cab Kelly Farrell, Alligator Alley Express Mark Huettel, AOK Transportation Etienne Luckner, Sunshine Cab Tom Lugrin, Dolphin Joseph Marro, At Your Service Kenneth Mastrodomenico, Taxi Time, Inc. Scott Nelson, Men In Black Fizz Papps, Dolphin Transportation Rick Parker, Dolphin Robert Robinson, Hollywood Limos Evren Serce, A+ Airport Transportation Steven Sparks, Metro Cab, LLC. Douglas Wilcox, Best Value/ Aaron Transportation I. Call to Order: Chairman Tony Marino called the workshop meeting to order at 10:05 A.M. II. Meeting Structure: (handout-2) a. Michele Arnold introduced Sue Chapin, Meeting Trainer from Mancan. She provided a helpful outline on conducting public meetings according to 2006 Robert's Rules of Order/Simplified and Applied. She explained that Mancan is contracted by Collier County to provide the taping and recordation of the minutes of various Advisory Boards, Committees and Authorities. The contract specifies the conduct of the meetings are to be by Robert's Rules and the Sunshine Law. She gave an informative presentation to the Committee and staff present, which will help them in conducting a 2 May 1, 2006 b. smoothly run and parliamentary acceptable meeting. She explained the importance of the minutes as the legal document of the meeting that is archived for the benefit of the public. III. Workman's Compensation: (handout) Randall Smith introduced Diane Nash, of the Internal Revenue Service, who gave an informative presentation to educate the Board and staff on Workman's Compensation as it applies to the Public Vehicle sector. Numerous owners and drivers were present and interested to learn how to determine the difference between "independent contractor" and "employee". The three basics cited are: · What is the Employer/Employee Relationship · The degree of control or non-control over the job · The degree of financial control over the job Tom Palmer took issue with the fact that the Public Vehicle Advisory Committee has no authority to determine whether a worker is an employee or independent contractor and State laws are vast and complex and different from Federal laws. All that can be done by this Board is to ask if they have insurance. Additionally, most drivers in Collier County are employees. And, because Collier County has such extensive ordinance requirements it is easier to be an independent. Randy Smith answered that the Committee is only looking to educate not make the determination for the business owners Diane Nash stated that Workman's Compensation is under Federal Law. She reviewed the 20 common law factors under Revenue Rule 87 -41 that can be used to determine if the worker is an employee or sub-contractor. She gave several examples that might illustrate how these factors could apply for Public Vehicle owners, drivers and sub- contractors in their businesses. She stated that after weighing and analyzing these factors, the determination should be clear. If it is still not clear, a Form SS-8 Determination of Worker Status, with complete instructions, can be submitted and the determination will be made by the Internal Revenue Service. She also explained the audit process and the penalties for failure to file, failure to deposit and failure to pay. 3 May 1,2006 A brief question and answer period followed. Randy Smith said that the purpose of the workshop was to educate the owners and employees. He encouraged them to follow the guidelines given to avoid the pitfalls of non-compliance. Dale Schultheis thanked Randy Smith for inviting Diane Nash and thanked Diane for offering to come to the workshop and for her informative talk. IV. Limiting the Number of Vehicles: (handout) John Marsh provided copies of a survey of 31 counties/cities, citing those that have limits or caps on companies/vehicles for hire. Included in the survey were excerpts from the ordinances of II of those counties. Staff prepared this on a request by the Committee to ascertain how many counties have limits or caps on the number of companies and/or vehicles, the different ways of limiting and how implemented. Most of the counties that did not impose limits were under stricter controls by their own county ordinances. Some go by lottery, population and one by a medallion system (Miami/Dade). Tallahassee requires a minimum of five vehicles to become a company. Tom Palmer explained the Miami/Dade medallion system. Their aim is to only have owner-drivers, not big company monopolies. Their process is very stringent. He questioned why the committee felt limits were needed. Discussion revolved around evaluating the information gathered today, putting the issues on the agenda in order to decide what recommendations, if any, should be made to the Board of County Commissioners. Collier County for-hire businesses aired their complaints that out of town companies are invading the scene and causing unfair competition. Some are adding vehicles and there is no oversight or controls. Some comments were: · Fizz Papp asked what brought this issue up now? The response was that it has been a concern for some time and the large and vocal attendance at this workshop shows a need to deal with the industry problems. 4 May 1, 2006 · Robert Robinson commented that 10 years ago there were 18 companies, now there is 85, all cut-throating one another. He wants to know- where is the cut-off? · Ken Mastrodomenico has been in business here over 30 years. There were II companies then. Airport runs are being undercut. Difficult to compete. Board needs to determine where it is going with companies coming in from everywhere. · Dale Schultheis said oversight is needed. Limits should not be only on number of vehicles, but also number of companies. Some sort of control is needed for adding cars and other infractions. PV AC has the authority to recommend to BCC to limit number of vehicles. · Kelly Farrell has no problem with competition, but objects to drivers not taking care of vehicles. · Doug Wilcox problems with low- balling. Asked if a minimum rate is possible on limos. Response was rate has to be higher than cabs. The committee checks the application packages for rate sheets. A complaint should be filed if anyone finds a company charging less. · Tom Palmer noted -twice the metered rate of cabs is the going to charge for charter runs to airport. Taxicabs must use metered rates at all times. Russ Berghuis suggested that the committee review the paperwork provided by staff, consider the comments by industry members and add to the agenda for next meeting to evaluate any proposals. v. Proper Display of Driver ID: Russ Berghuis explained that it was not so much the display of the ID, but the size and altering of it that was the issue. Dale Schultheis said the reason for the ID is two-fold. 1. For the purpose of background check 2. A means for public complaint. Some problems brought up were: · Airports feel display is soliciting · Cluttered look in luxury vehicles with too many stickers and seals does not give luxury appearance. · Different rules for taxi and charters 5 May 1, 2006 · Customer needs to see person on ID is the person driving vehicle. · Could be on back of front seat · Complaint wording can be in red · Discussion of age of vehicles changing into taxis as they get older Tom Palmer stated the Advisory Board is open to proposals put in specific wording. Areas for the Advisory Board to look into before any recommendations to the BCC would be: · Enforcement-could be under Sheriff, with plain clothes investigators to weed out offenders. · Repeat violators -staff can refer to Code Enforcement to cite certificate holder, or even go to Special Master. · The Board could recommend suspension ofCTO. · Take a look at suspension process. · Staff needs to press ordinance with code enforcement. Michaelle Crowley commented that the suspension process is already covered in the Ordinance. Russ Berghuis proposed having this topic put on the next agenda. It will include ID size, location, display and separating cabs from charters. VI. Comments/Speakers: Previously spoke and commented on each issue. Industry members present expressed appreciation for the opportunity to discuss issues and actions available. VII. Adjourn: There being no further business for the good of the County, the workshop meeting was adjourned by order of the chair at 12:15A.M. ************ COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE WORKSHOP Chairman, Tony Marino 6