PVAC Minutes 07/10/2006 R
July 10,2006
MINUTES OF THE MEETING OF THE COLLIER COUNTY
PUBLIC VEHICLE ADVISORY COMMITTEE
Naples, Florida, July 10, 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
Russ Berghuis
Reg Buxton
Randall Smith
Richard Schmidt, Alternate
STAFF PRESENT: Michele Arnold, Director-Code Enforcement
Michaelle Crowley, Investigator-Code Enforcement
Jeffrey Klatzkow, Assistant County Attorney
John Marsh, Supervisor-Code Enforcement
AGENDA
COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE
July 10, 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: June 5, 2006
V. New Business:
A. New Application:
1. Top Shelf Transportation & Limo - New CTO
2. Liberty No Emergency - New CTO
3. Palm Air Transportation - New CTO
VI. Complaint Report - Michaelle Crowley
VII. Discussion:
a. Limitation of vehicles;
b. Display/Size of Driver IDs;
c. Metro Cab, Metro Cars & Checker Cab;
d. Rates for Limo/Charter Companies;
e. Amendment to PVAC Ordinance
VIII. Speakers
IX. Next Scheduled Meeting Date: August 7, 2006
X. Adjournment
July 10, 2006
I. Call to Order:
The meeting was called to order by Chairman Tony Marino at 9:32 A.M.
II. Roll Call:
Michaelle Crowley called the roll and a quorum was established. Dale Schultheis
has resigned as a Committee member since the last meeting on June 5, 2006.
III. Approval of Agenda:
Russ Berghuis moved to approve the agenda. Second by Reg Buxton.
Carried unanimously 5-0.
IV. Approval of Minutes: Regular Meeting of June 5, 2006
Russ Berghuis moved to approve the minutes as stated. Second by Reg
Buxton. Carried unanimously 5-0.
V. New Business:
A. New Applications:
John Marsh presented the following application packages:
1. Top Shelf Transport & Limo, Inc. - Request is for new CTO. Owner is
Dion DeSenzo who was not present, but was represented by Liz Conley.
Staff recommended approval with the stipulation that insurance coverage
is increased from $200,000 to $500,000.
Russ Berghuis moved to approve the application with the stipulation
that insurance coverage is increased to $500,000. Second by Reg
Buxton. Carried unanimously 5-0.
2. Liberty No Emergency Transportation - Request is for new CTO.
Owner is Miguel H. Bueno who was present. Staff recommended
approval.
Russ Berghuis moved to approve the application. Second by Reg
Buxton. Carried unanimously 5-0.
3. Palm Air Transportation - Request is for new CTO. Owner is John E.
McEntee Jr. who was present. Staff recommended approval. Randall
Smith questioned the owner about rates. The company is already
operating out ofFt. Myers, and did not provide a rate schedule for Collier
County.
Russ Berghuis moved to approve the application. Tony Marino
modified the motion to include the stipulation that the owner provide
a rate schedule for Collier County. Second by Reg Buxton. Carried
unanimously 5-0.
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VI. Complaint Report: - (handout)
Michaelle Crowley reported 58 patrol cases and 28 outside individual
complaints. There were also 7 citations with 2 pending citations that have not yet
been served, most for allowing a driver to operate a vehicle for hire with an
expired ill, and one for operating a vehicle under a certificated company, but the
vehicle had no decal. Two of the citations are being contested and will be heard
before the Special Master in August. Ms. Crowley reminded the industry that the
decals on vehicles for hire belong to the County and can only be affixed and
removed by Code Enforcement.
Russ Berghuis asked about an item on the complaint report dated 3/29/06 in
which Palm Air Transportation was cited for not having a CTO; Palm Air was
issued a CTO earlier in today's meeting.
Michaelle Crowley responded that she had received a complaint in which
someone other than a member of Code Enforcement said that Palm Air was
operating in Collier County without a CTO. A citation is not issued based on a
report from someone who is not a member of Code Enforcement, but Ms.
Crowley sent a letter to Palm Air. She believes that as a result of that letter Palm
Air decided to get aCTO.
VII. Discussion:
a. Limitation of vehicles
Russ Berghuis noted that Dade County and some other counties limit the number
of vehicles that can operate within the county. Tom Palmer, Assistant County
Attorney is researching this subject and will report at the next meeting.
b. Display/Size of Driver IDs
Michelle Arnold noted that charter companies wanted to consider having a
driver's license sized ID, however, the language on the ID is for the public's
information, and it can't be seen ifit's in the driver's wallet.
Discussion followed in which drivers and Committee members noted that the
charter companies have records of the names of the drivers for each trip if that
information should be needed by the public or Code Enforcement.
Randall Smith moved to allow charter companies to have their drivers not
display their IDs. Second by Russ Berghuis. Carried unanimously 5-0.
c. Metro Cab, Metro Cards & Checker Cab
Michaelle Crowley reported that the sale combining these companies has not yet
been completed, but is expected very soon. She stated that Mr. Schultheis was
concerned that there was some impropriety, that Metro Cab can't have another
full CTO. Ms. Crowley stated that she was not concerned about the combination
of the companies.
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d. Rates for Limo/Charter Companies
Russ Berghuis stated that this discussion concerns language in the Ordinance that
says charter companies should charge substantially more than taxi companies, but
it is not clear what "substantially" means.
Michaelle Crowley stated Ordinance 142-35a says that no charter services
vehicle shall transport under any rate except its regular charter service rate and
rates shall not be reduced to resemble or attempt to compete on a price basis with
any taxi cab rates.
Much discussion among Committee members and taxi and limousine owners
followed including the following comments:
· Taxis don't always run their meters, so it's not always known what they charge.
They may be undercutting the market.
· The Ordinance gives taxis an unfair advantage.
· The Ordinance shouldn't influence, the market should be allowed to decide
rates.
· Charter companies report their rates when they apply for a new CTO. Any
subsequent changes in their rates are not reported to Code Enforcement.
· Charter companies are not to compete with taxi companies, but charters can run
old vehicles with no identity on them and can substantially undercut taxi rates.
· There is also a third class that is not addressed in the Ordinance, airport
shuttles.
· There should be a definition of what qualifies as a charter vehicle. Riders
expect charter vehicles to be luxury vehicles, but some are old sedans that are
not better than and possibly worse than taxis.
· If the off the meter - on the meter issue can't be controlled, the law is
unenforceable.
· Consider imposing a substantial fine for operating a taxi off the meter.
Tony Marino stated that the Committee will study this issue.
e. Amendment to PV AC Ordinance
Michelle Arnold discussed a first Draft of an Amendment to the Public Vehicle
for Hire Ordinance. The proposed changes originated from a meeting that she and
Dale Schultheis had with County Manager Jim Mudd and Commissioner Donna
Fiala, and would ultimately go to the Board of County Commissioners for
approval. The following are some highlights:
· Currently some companies use their own employees to perform inspections.
With the Amendment, no vehicle for hire inspection performed by an entity or
individual associated with the owner or lessee of that vehicle would qualify as a
valid inspection.
· Reference to fingerprinting applicants is removed as that practice is not taking
place now. Wording is added concerning background checks that County staff
performs.
· The Amendment provides clarification concerning the ineligibility of someone
who has had a license suspended or revoked within the last three years to obtain
a license to operate a vehicle for hire. The new language would enable County
staff to determine that a driver may obtain a PV AC certificate to operate a
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vehicle for hire if the suspension or revocation was not related to driving
ability.
· The Amendment makes individuals determined to be habitual traffic offenders,
habitual felony offenders or violent career criminals ineligible to hold a PV AC
certificate to operate a vehicle for hire.
· Currently if a violator commits violations second and third times within 365
days, the second and third violations are fined at higher rates. Under the
Amendment, the 365-day period is increased to a 5-year period.
Tony Marino suggested adding wording to restrict the age of vehicles.
Michelle Arnold suggested adding wording about charter companies and the
display ofIDs as discussed earlier in today's meeting.
Russ Berghuis noted that this is a draft, and input will be obtained from the
Public Vehicle Advisory Committee and the taxi and limousine company
representatives before it is finalized.
VIII. Speakers:
None
IX. Next Scheduled Meeting Date will be Monday, August 7, 2006
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 10:43 A.M.
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Collier County Public Vehicle Advisory Committee
Chairman Tony Marino
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