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PVAC Minutes 09/11/2006 R September 11, 2006 MINUTES OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Naples, Florida, September 11, 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 Reg Buxton Randall Smith Richard Schmidt 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 September II, 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: July 10, 2006 V. New Business: A. New Application: 1. Preferred Shuttle LLC - New CTO 2. David's Livery - New CTO 3. Atlantis Cars & Limousine, Inc. - New CTO 4. Clean Ride Limo - New CTO 5. Able Transportation - New CTO 6. Premier Corporate Transportation LLC - New CTO 7. Union Taxi - New CTO VI. Complaint Report - Michaelle Crowley VII. Discussion: a. Limitation of vehicles; b. Rates for Limo/Charter Companies; c. Amendment to PVAC Ordinance d. Workman's Compensation VIII. Speakers IX. Next Scheduled Meeting Date: October 2, 2006 X. Adj ournmen t September 11, 2006 I. Call to Order The meeting was called to order by Chairman Marino at 9:32 A.M. II. Roll Call Evelyn Trimino took roll call and a quorum was established. III. Approval of Agenda Russell Berghuis moved to approve the Agenda, with the following changes: 1. Withdrawn - Under V. New Business - A. New Applications- Numbers 4 (Clean Ride Limo) and 5 (Able Transportation). 2. Add-Under VII. Discussion-- RSW (Airport) courtesy lane changes Second by Randy Smith and carried unanimously, 5-0. IV. Approval of Minutes: July 10,2006 Russ Berghuis moved to approve the minutes of July 10,2006 as presented. Second by Randy Smith and 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. Preferred Shuttle, LLC- Request is for new CTO. Robert Wieschowski is the applicant and was present. Information was given that this is a shuttle service to and from Villages on Venetian Bay, transporting employees. No rates are charged as shuttle service is paid directly by the Villages on Venetian Bay owners. A rate schedule must be submitted if any transportation to the airport is provided in the future. Russell Berghuis moved to approve the CTO application. Second by Richard Schmidt and carried 4-1. Tony Marino abstained due to a contlict of interest. 2. David's Livery, Inc. - Request is for new CTO. David Davis is the applicant and was present. Discussion revolved around method of rate charges for charters. Applicant was congratulated on charging of proper rates to Miami. Russ Berghuis moved to approve the CTO application. Second by Reg Buxton and carried unanimously, 5-0. 2 September 11, 2006 3. Atlantis Cars & Limousines, Inc - Request is for new CTO. Radivoi-Gino Burchici is the applicant and was present. Company had similar business in another state and will have six cars, housed at a commercial lot. Committee complimented this company also for their proper rate sheet. Russ Berghuis moved to approve the CTO application. Second by Randall Smith and carried unanimously, 5-0. 4. Premier Corporate Transportation, LLC. - Request is for new CTO. Elia Wallen is the applicant and was present. Business will consist of transporting resort employees between the various resorts and their housing units. Rates will be charged as part of the housing package, not to individual passengers. Russ Berghuis moved to approve the CTO application. Second by Richard Schmidt and carried unanimously, 5-0. 5. Union Taxi - Request is for new CTO. Yvrose and Luc Souffrant are the applicants. Yvrose Souffrant was present. Russ Berghuis moved to approve the CTO application. Second by Reg Buxton and carried unanimously, 5-0. VI. Complaint Report: (Handout) Michaelle Crowley went over the current status of complaint reports for July through September, stating she varied her schedule to include a Sunday, an evening and a Saturday. She reported the total cases for the two months: · 7/6/06 to 8/6/06 - 88 Patrol cases, 7 Citizens complaints, 9 Driver ID denial letters and 2 Letters for operating in Collier County without certificates or decals. · 8/7/06 to 9/10/06 - 41 Patrol cases, 7 citizens complaints, 7 driver rD denial letters and 3 Letters for operating in collier county without certificates or decals. · Michaelle also reported that on August 22 the Special Master heard evidence in 4 cases of contested citations and the results. · She informed the Board that the long-standing case of the sale of Checker Cab to Metro cab has been finalized and approval given to operate under new owners. · Hollywood Limo has sale pending and new owners application will come before the Committee next month. They are allowed to operate under contractual obligations. 3 September 11,2006 Chairman Marino, in accepting the report, complimented Michaelle on the good job she had done on this report. VI. Discussion: a. Limitation of vehicles: Discussion was about having to go to BCC to show them the serious need to limit the number of vehicles for hire in order to protect companies from being able to make a living. Staff had reviewed the vehicle for hire ordinance and had contacted a few other counties, at the request of the Committee, and found that regulation was sporadic and that vehicles for hire were handled by various jurisdictions in each county. Tom Palmer cautioned the Committee to consider that research is needed. Specific data from communities of the same size and same population as Collier would need to be compiled, along with means of policing, prevention and status counts of how numbers are controlled. Information must be correct and not out- dated. For any action to take place, BCC would have to have convincing evidence that the numbers of vehicles was the cause of the inability of companies to make a living. The Committee expressed concerns that there are already too many vehicles and they are trying to be proactive rather than waiting until the numbers are so great that the companies are prevented from making a living. Chairman Marino stated the issue would be set aside until further research is done and data is collected. b. Rates for Limo/Charter Companies Discussion revolved around rate charges and changes. Enforcing the Ordinance that states charter companies must charge more than taxis, is the Committee's concern. Also discussed were the questions of: · Should Ordinance be more a specific amount for same distance or, that limos must be at least 50% more than taxi. · Is it a problem of limos competing with cabs, or of cabs running to airport with flat rate and competing with limos. Tom Palmer noted one item in Ordinance for discussion, but not yet voted was for fixed taxi rates within Collier County at metered rate. Out of county, they can discount metered rate. c. Amendment to PV AC Ordinances (Handout) Tom Palmer reviewed some of the changes and new items in the Draft- Amending Ordinance - September 11, 2006 handout. 4 September 11, 2006 (Michele Arnold arrived at 10:04 AM) A few of the changes discussed were: · Rate increase. · Discount off meter rate outside, but not within Collier County. · Clarifying suspension of license only if it reflects on responsibility to drive, not if unrelated to traffic violation. · Age of vehicles-grace periods, some counties limit age; others depend on condition of the vehicle. · There is independent site inspection. Staff does site inspection, other than technical inspections. · What is violation of ordinance and what is business judgment, in regards to advertising. Russ Berghuis moved to go before the BCC with the recommendation to advertise and bring back to BCC for Public Hearing, the Amended Ordinance. Second by Randy Smith and carried unanimously, 5-0. d. Workman's Compensation As a result ofthe Workshop that was held on May 1,2006, with a representative from IRS Randy Smith proposed the following motion: Randy Smith moved that in order to be a permitted transportation company in Collier County, all transportation companies are to furnish with their annual application, one of the following items -either a Workman's Compensation policy showing coverage for all drivers/employees or, a letter from the local IRS agency determining that their drivers are legitimate independent contractors in which no Workman's Compensation coverage is need by the company. Second by Richard Schmidt. . Lengthy discussion followed regarding: . Legality · Involvement of and determination by IRS . Timely response from IRS · Other state agency entities can determine if employee or independent. The Committee determined that the onus is on the employer to provide Workers Compensation for those who fall under the law's criteria. One avenue is that it must be stated on the application that the company is in compliance with Florida Workman's Compensation Laws. This can be inserted in Amendment. Since this issue concerned the transportation industry, Chairman Marino invited input from the public present. Discussion amongst Board members and members of the public ensued. 5 September 11, 2006 Fizz Papp requested more input from industry before these decisions are made. It took 8 months to get IRS letter. Wants businesses to run business, not IRS. Doug Wilcox- Companies are not canvassed before voting on issues that affect the industry, such as pricing advantages and limiting taxi numbers. Gino Burchici - Independents are already insured. IRS involvement will slow everything up to wait for their response. Ken Mastrodomenico- Most companies do not utilize employees. Item should be on the 17 point checklist. Motion was defeated by a vote of 1-4.(Mr. Berghuis, Mr. Buxton, Mr. Marino and Mr. Schmidt voted no.) e. Courtesy Lane - RS W Randy Smith explained the changes at RSW that prohibit charter companies from parking at curbside and having to park in the parking garage. He is requesting the committee to recommend some way to appeal to Airport Authority and/or the Lee County Commissioners, who rewrote the Ordinance. LCC decisions supersede the Airport Authority. Members of industry expressed vehement opposition to this situation and want to fight it. It was mentioned that this was in a contract with RSW. Tom Palmer noted that if it was in the contract, would LCC have had to pass an Ordinance. More information needs to be obtained. However, he suggested the companies write many letters to the Airport Authority, Lee County Commissioners and Collier BCC as to why this is a bad decision, arbitrary and capricious. Industry members can go before LCC. Randy Smith suggested asking BCC for a letter of support; and a Public petition to Lee County Commissioners. Speakers: Ken Mastrodomenico: favors vehicle age limit - Ordinance unenforceable, not enough manpower. Open door for sedan companies. Jack Bridenthal: brought up improper complaint charge (referred to Staff) and senior discounts. Tom Palmer responded that present law allows discount rate. Doug Wilcox: Opposes age limit on vehicles. Should be on condition of car. Debby Ruck: If taxis operate on meter why does charter shuttle have to charge more that 50%? She cited unfairness of others who come in from Lee County and charge Lee County rates, which could put them out of business. 6 September 11, 2006 Fizz Papp: Requests more information on both vehicle and age limits and wants more discussion and input to be allowed from industry members. Russ Berghuis stated those issues can be put on the agenda for the next meeting Michele Arnold offered to send copies of the Proposed Ordinance Amendment to all certificated companies and to e-mail those vendors with e-mail address. Committee needs to look at charter and taxi rate structures. She noted that there is a maximum rate but no minimum rate. Big company could undercut small ones. All challenged issues need to be reviewed at Board Meeting after sending out Proposed Amendment to industry. It is not ready to go to BCC yet as it has not gone through enough discussion and not enough opportunity has been given to the Public to speak on the issues and changes in the Proposed Amendment. Tom Palmer recommended that going before the BCC be postponed until a discussion and input from the industry is finalized on the Proposed Ordinance Amendment, and voted for recommendation by PV AC. Russ Berghuis moved that his prior motion to bring the Proposed Ordinance Amendment before the BCC be rescinded and, in turn, moved that a workshop be held to discuss the issues in the Proposed Ordinance Amendment. Second by Reg Buxton and carried unanimously, 5-0. Randy Smith moved that there be a discussion rather than a separate workshop at the next regular meeting and it include the vehicle and age limits issues. Second by Richard Schmidt and carried 5-0. Chairman Marino asked Staff to provide notification to concerned parties of the discussion to be held at the next meeting as part of the agenda. VIII. Next Scheduled Meeting Date is October 2, 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 :06 A.M. ************ COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Chairman Tony Marino 7