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PVAC Minutes 10/02/2006 R October 2,2006 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Naples, Florida, October 2, 2006 LET IT BE REMEMBERED, that the Collier County Public Vehic1e 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 Tom Lugrin Randall Smith Richard Schmidt, Alternate STAFF PRESENT: John Marsh, Supervisor/Code Enforcement Evelyn Trimino - Administrative Secretary Michaelle Crowley - Investigator/Code Enforcement Kitchell Snow - Investigator/Code Enforcement Thomas Palmer - Assistant County Attorney AGENDA COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE October 2, 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: V. New Business: September 11, 2006 A. New Application: 1. Dutch Girl Limousine - New CTO 2. Fly Ride Transportation - New CTO 3. Hollywood Limo - CTO - New Owner VI. Complaint Report - Michaelle Crowley VII. Discussion: a. Limitation of vehicles; b. Rates for Limo/Charter Companies; c. Amendment to PVAC Ordinance VIII. Speakers IX. Next Scheduled Meeting Date: November 6, 2006 X. Adjournment October 2, 2006 I. Call to Order The meeting was called to order by Chairman Marino at 9:34 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. Second by Tom Lugrin and carried unanimously 5-0. IV. Approval of Minutes: September 11, 2006 Russell Berghuis moved to approve the minutes of September 11, 2006. Second by Reg Buxton 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. Dutch Girl Limousine- Request is for new CTO. Joan Gerber is the applicant and was present. Russell Berghuis moved to approve the CTO application. Second by Randall Smith and carried unanimously 5-0. 2. Fly Ride Transportation, LLC - Request is for new CTO. William Charbonneau is the applicant and was present. With the exception of a 6% sales tax shown on the rate sheet, which is not to be charged, the members accepted Staff recommendation. Russell Berghuis moved to approve the CTO application with the amended change to the rate sheet. Second by Tom Lugrin and carried unanimously 5-0. 3. Hollywood Limos of Naples, LLC - Request is for new CTO. John Nagy is the applicant and was present. Applicant was questioned on insurance. Staff noted letter of intent in packet. Russell Berghuis moved to approve the CTO, based on the receipt of insurance. Second by Randall Smith and carried unanimously 5-0. 2 October 2,2006 VI. Complaint Report: (Handout) Michaelle Crowley gave a review of the Vehicle for Hire Complaint Report, citing that there were 6 complaints from public or industry, 22 patrol cases including 3 different school homecomings- four of which checked out okay. One was owner of vehicle with a CTO and one was Al Luxury Limousine from Palm Beach County. Driver said pickup was in Collier County. Both driver and owner of the company will receive a citation for non approval for Collier County pickup. Members had questions regarding: . Men in Black, parking situation. Verbal warnings were given to six companies, Men in Black being one of them, who have moved to new locations. They need to meet Code requirements. She will be re- checking for new vehicles and locations. . First Class, check decals. Complaint was called in to see why operating without decal. Was picking up relative. Was warned that Collier County decal needed if picking up in Collier. . First Class, letter was sent -one driver ID suspended for conviction of DUI and license suspension. ill must be surrendered and Michaelle is monitoring situation. Michaelle Crowley is also continuing with site visits and spot checks, verifying CTO, Decals, Driver Licenses and Proper Identifications. VII. Discussion: a. Limitation of Vehicles Board Members discussed the research staff did on a few other counties, which showed some do and some don't limit numbers. Tom Palmer made note that in order to put this issue through to the BCC, the Advisory Board would have to give a rational reason to limit number of vehicles and have some factual basis put forth to do so. After brief comments, the board decided to set aside discussion of this issue. b. Rates for Limos/Charter Companies Discussion revolved around the pros and cons of changing the rate structure as it now stands. Some of the topics taken up were: . Two separate markets - taxi and limo/charter (necessity vs. luxury) 3 October 2, 2006 . Add specificity where price competition is beginning for the same run. . Direct price competition is the issue if rates are the same . Make change only if taxi companies complain of being undercut . If rate not changed, determine limit of specific percentage for limo rate over taxi rate. . Collier County Ordinance is to insure no unfair competition . Take out rate differential entirely - open market Tom Palmer summed it up by stating that if the Board favored direct price competition, then take out everything regulating rate differential and don't require anything, subject to the meter rate. If left in, he suggested, for the same run within Collier County, the limo rate be 50% more than a taxi. After much discussion the Advisory Board determined to leave the rate structure to the open market and let competitive market govern. If taxi companies complain of specific incidence of unfair rates by charter companies, they can bring complaint to the Board. Tom Palmer will draft the changes to reflect an open market competition, subject to meter rates. Russell Berghuis moved to have the rate differential item stricken from the Ordinance Amendment leaving an open market competition to prevail. Second by Reg Buxton and carried unanimously 5-0. c. Amendment to PV AC Ordinance Tom Palmer cited two issues not resolved by the Advisory Board. 1. Age of Vehicles 2. Senior Citizen Discounts. On the first point, the Advisory Board was of the consensus that the vehicle inspection process in the Ordinance is fine as is and vehicle must pass inspection. Condition, not age will determine fitness of vehicle. On the second point, the Advisory Board was of the opinion that Senior Discounts should be at the business owner's discretion, as a business decision. Tom Palmer will make the amendment changes as instructed by the Advisory Board and all changes, as discussed, will be included in a final draft for review and final approval at the next meeting. VIII. Speakers: Ken Mastrodomenico (Taxi Time) commented on the draft of the Ordinance amendment regarding - no specific wording that luxury vehicles must be significantly higher than taxis. Also concerned that the taxi community is not 4 October 2, 2006 represented on the Advisory Board and their concerns should be addressed. He was concerned that free market with no restrictions would be disadvantages to taxi industry. Board responded that no one from taxi industry has applied for board position and that all concerns that affect Public Vehicles can be brought before the Board. The new changes will be reviewed and discussion can go from there. Bill Duzen (Unlimited Airport Rides) would prefer rates decided with a price list by the County for taxis and for charters, based on zones, as in Lee County. Board responded that Collier County operates on free enterprise system and that Airport Authority, and not County staff sets zone prices in Lee County. Fizz Papps (Dolphin Transportation) questioned that vehicles parked outside hotels is not a prearranged pickup. Can it be checked out. Board responded that hotels can have taxi or charter under contract or subsidized pricing prearrangements. Evren Serce (A+Airport Transportation) asked to establish at least a base price by region. Can go up but not go down below base price to help in competition. Board responded could not stay in business if minimum was established. No advantage from public's point of view. Margin of profit is a given in business. Wayne Beazer (Carway Town Car) MBA has right through Airport Authority to pick up at airport and come into Collier County. Also has signage on side of vehicles (sedans) for prearranged pickup and no decal, as required in Collier County. Potential problem exists at RSW in creating a monopoly, dropping off and picking up in Collier County without following Collier's ordinance. Michaelle Crowley's response was, if they come infor a certificate to operate and want a decal they would not be allowed to have any signage. The airport has a requirement that the vehicles be identifiable and recognizable. But, that does not necessarily mean signage is mandated. She also read the definition of "pickup" from the ordinance. If pickup is in Collier County, need to be certificated and decaled in Collier County. Tom Palmer wanted to know if signs are mandated or discretionary at RSW. Also, is it a choice of the driver. Collier requirements are different than airport authority requirements. But it is not the intent of the ordinance to prevent businesses from the advantages of airport runs. Doug Wilcox (Aaron Transportation) being familiar with the MBAlAirport Authority contract, stated the Airport wants signage on all four sides of the vehicle, and so it is mandated. He foresees a problem with the conflicting requirements. He also had a few comments on vehicle age and rate competition. 5 October 2, 2006 Lengthy discussion followed on government and quasi-government mandates and suggestions were made to notify RSW, MBA and Airport Authority of Collier County's Public Vehicle Ordinance and the conflict created. Russ Berghuis moved that a letter, reviewed by the County Attorney, be drafted to the appropriate officials regarding the conflict with Airport Authority, RSW, MBA requirements and the Collier County Ordinance requirements. Second by Reg Buxton and carried unanimously 5-0. In answer to Tom Palmer's inquiry about obtaining contract information, Doug Wilcox suggested contacting April Russ for copies of the Airport Authority/MBA contract as well as information on obtaining MBA's sub-contractor permit and contract. Mr. Palmer will follow up on this matter. Brief discussion followed on posting of rates, visible and in English, in taxicabs. Randy Smith offered that the Ordinance can state that stickers not to be given if rates not posted. Michaelle Crowley brought up the following points to be noted: 1. Companies are to keep staff current with up to date e-mail and mailing address so they can receive notices and be reminded of renewals ofID. 2. Ordinance requirements- Side windows- able to be operated by the passenger 3. Also, charter vehicles do not need ID visible but must be readily available 4. Also, required minimums for insurance to $125,000 for bodily injury 5. Also, increase in fines for subsequent offenses Issue was decided on temporary decals at $5 per day. And, in case of accident, if another vehicle is rented, a one time $5 fee will be charged. Temporary decal expiration dates are to be checked. XI. Next Scheduled Meeting Date is November 6, 2006 - 9:30 A.M. Russell Berghuis moved to adjourn. Second by Randall Smith and carried unanimously 5-0. There being no further business for the good of the County, the meeting was adjourned at 10:45 A.M. ************ COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Chairman Tony Marino 6