PVAC Minutes 06/05/2006 R
June 5, 2006
MINUTES OF THE MEETING OF THE COLLIER COUNTY
PUBLIC VEHICLE ADVISORY COMMITTEE
Naples, Florida, June 5, 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 in
Room #609 at the Collier County Development Services Building, 2800 N.
Horseshoe Drive, Naples, Florida, with the following members present:
CHAIRMAN: Tony Marino (Excused)
Russ Berghuis
Reg Buxton (Absent)
Dale Schultheis
Randall Smith
Richard Schmidt, Alternate
STAFF PRESENT:
Evelyn Trimino, Administrative Secretary
Michele Arnold, Director Code Enforcement
Michaelle Crowley, Investigator
Thomas Palmer, Assistant County Attorney
AGENDA
COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE
June 5, 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: May 1, 2006 / May 1, 2006 (Workshop)
V. New Business:
A. New Application:
1. Luxury Limousine - New CTO
2. Apple Transportation - New CTO
3. Custom Limousine - New CTO
VI. Complaint Report - Michaelle Crowley
VII. Comments - Sub-section 142-37 (b)- Eligibility for Driver IDs after
suspensions
VIII. Speakers
IX. Next Scheduled Meeting Date: July 10, 2006
X. Adjournment
June 5, 2006
I. Call to Order:
The meeting was called to order by Acting Chairman Russ Berghuis at 9:33 A.M.
II. Roll Call:
Evelyn Trimino called the roll and a quorum was established. Chairman Tony
Marino was excused and Committee member Reg Buxton was absent.
III. Approval of Agenda:
Dale Schultheis moved to approve the agenda. Second by Randall Smith.
Carried unanimously 3-0.
IV. Approval of Minutes: Regular Meeting of May 1,2006
Dale Schultheis made a motion to approve the minutes with a correction to
the following item:
V. New Business
A. New Applications:
2. Callatran Chauffeured Services of FL
The vote to approve the application for a new CTO appears as "Carried 4-0
(Dale Schultheis voted no)." This should appear as "Carried 4-1 (Dale
Schultheis voted no)."
Second by Randall Smith. Carried unanimously 3-0.
Approval of Minutes: Workshop of May 1, 2006
Randall Smith moved to approve the minutes as presented. Second by Dale
Schultheis. Carried unanimously 3-0.
V. New Business:
Michaelle Crowley presented the following application packages, all of which
staff recommended for approval.
A. New Applications:
1. Luxury Limousine - Request is for new CTO. Owner is Coskun Yakin
who was present. The company will have 1 vehicle, and the application
package was complete. The owner was questioned about his transfer rate
schedule which is lower than metered taxi rates, although Collier County
Code of Laws and Ordinance Chapter 142 requires charter/limousine
company rates to be significantly greater than taxi company rates.
Following considerable discussion on the topic of taxi and limousine rates,
it was agreed the subject ofrates would be tabled and become an
Agenda item for the next PV AC meeting.
Randall Smith moved to approve the application. Second by Russ
Berghuis. Carried unanimously 3-0.
2. Apple Transportation - Request is for new CTO. Owner is John J.
Poe1ker, Jr. who was not present, but was represented by his Manager,
2
June 5, 2006
Mike Soperak. The company has 9 vans, and the application package was
complete. After questioning Mr. Soperak on rates,
Randall Smith moved to approve the application. Second by Russ
Berghuis. Carried 3-0.
3. Custom Limousine - Request is for new CTO. Owner is Joseph M.
Welling who was present. The company will have 1 vehicle, and the
application package was complete. After questioning the owner on a few
items,
Russ Berghuis moved to approve application. Second by Randall
Smith. Carried unanimously 3-0.
VI. Complaint Report: - (handout)
Michaelle Crowley reported 34 patrol cases, 30 outside individual complaints
and 6 citations for no ID's (one citation was voided because of the death of the
owner of the company). Discussion followed on some Complaint Report items.
Randall Smith noted that for one item the Action/Disposition was "owner drove
away, Research." He asked what authority Code Enforcement has to stop a
vehicle or make a driver show a Driver ID.
Tom Palmer responded that drivers who are certificated under this Board's
jurisdiction are obligated to cooperate with Code Enforcement, and drivers of
vehicles that are not under this Board's jurisdiction are not obligated to cooperate.
Code Enforcement officers do not have the power to arrest but can issue a citation
for failure to cooperate.
VII. Comments - Sub-section 142-37 (b) - Eligibility for Driver IDs after
suspensions
Michele Arnold introduced the issue: drivers who have had their driver's license
suspended within the last three years cannot be issued a Driver ID, regardless of
the offense that led to the suspension. She gave two examples of driver license
suspensions for reasons not related to driving: (1) failure to pay child support and
(2) failure to have insurance on a vehicle when the insurance premium had been
paid to the insurance agent who failed to send it on to the insurance company. In
these cases, Ms. Arnold indicated that she felt that Driver IDs should be issued,
but she needs authority from the BCC to do so.
Tom Palmer stated that the intent of this Ordinance is to protect the traveling
public. He indicated that there is no logical reason to deny a Driver ID to
someone for something like failure to pay child support. He indicated that there is
an item on the BCC's consent agenda two weeks from now that, if approved, will
give staff the discretion to issue Driver IDs unless the driver license suspension is
based on the competence and responsibility of the driver. The Ordinance will not
3
June 5, 2006
be amended for just this one item, but the next time that the Ordinance is amended
this will be included.
VII. Speakers:
1. Vincent D. Angiolileo provided a letter that he wrote to his attorney in which
he indicated that he was harassed by someone from Code Enforcement while
discharging passengers for the local high school prom at the prom location.
Tom Palmer stated that this Board has no jurisdiction regarding what might
have happened, that is a matter for the administration of Collier County.
2. John Gavin asked how out of County certificate holders are regulated.
Tom Palmer replied that they are not regulated by Collier County, they are out
of jurisdiction.
3. Rick Scott stated that one of his chauffeurs received a citation for having no
Driver ID, and twelve days later his company was issued a citation for
employing a driver with no Driver ID. He was unaware that he, as the
company owner, has responsibility for his employee not having an ID. He was
informed that letters to that effect were mailed to limousine company owners
last year. Mr. Scott also asked that IDs indicate that the holder had passed a
background check. He was informed that changes to ill wording will be
considered in the future.
4. Deborah Ruck commented that taxis sometimes charge off the meter,
undercutting her, and charter companies cannot compete if they have to charge
substantially more than taxis.
5. Anicettez Vital appeared. Michaelle Crowley indicated that when Mr. Vital's
Driver ID was denied, he asked to whom he could appeal, and she advised him
to come to this Board.
Tom Palmer stated that the Board has no power to grant any waiver or
exception and the BCC has reserved the power to grant waivers. If the Board
thinks that the current Ordinance is too harsh, it should recommend to the
BCC that it be amended.
6. Doug Wilcox asked about the $50 fee for renewal of a Driver ID, which he
understood had been discontinued.
Michele Arnold explained that the Ordinance requires Code Enforcement to
perform an annual background check, and the outside cost for this is $46.12,
which does not include her staffs time. Mr. Wilcox also asked why Code
Enforcement staff inspects vehicles. Ms. Arnold replied that her staff inspects
from the passengers' standpoint. An example is to look for tom upholstery
that might damage a passenger's clothing.
7. Kelly Farrell commented about regulating pricing, and the difficulty for
limousine operators to compete if they have to charge considerably higher rates
than taxis.
4
June 5, 2006
Randall Smith stated that the Ordinance created two classes, a taxi class and a
limousine class. To have fair competition between the two, taxis charge less
than limousines. If they want to be in the limousine class, they need to charge
more than a taxi.
VIII. Next Scheduled Meeting Date will be Monday, July 10, 2006
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 11 :37 A.M.
************
Collier County Public Vehicle Advisory Committee
Russ Berghuis, Acting Chairman
5