PVAC Minutes 04/02/2007 R
April 2, 2007
MINUTES OF THE MEETING OF THE COLLIER COUNTY
PUBLIC VEHICLE ADVISORY COMMITTEE
Naples, Florida, April 2, 2007
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 (excused)
Reg Buxton
Tom Lugrin (unexcused)
Randall Smith
Steve Quinn, Alternate (excused)
STAFF PRESENT: Marlene Serrano, Supervisor Code Enforcement
Lazara Chavez, Code Enforcement
Michaelle Crowley, Investigator-Code Enforcement
Diana Hindall, for Evelyn Trimino, Admin. Secretary
Kitchell Snow, Code Enforcement
Thomas Palmer, Assistant County Attorney
AGENDA
COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE
April 2, 2007
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: March 5th, 2007
V. New Business:
A. New Application:
1.Med Tech Non-Emergent Transport - New eTa
2. Alligator Alley Express LLC - New CTO
VI. Complaint Report - Michaelle Crowley
VII. Discussion:
VIII. Speakers
IX. Next Scheduled Meeting Date: May 7th, 2007
x. Adjournment
April 2, 2007
I. Call to Order:
Chairman Tony Marino called the meeting to order at 9:32 A.M.
II. Roll Call:
Lazara Chavez called the roll and a quorum was established.
III. Approval of Agenda:
Change: Chairman Marino announced that the Item VI. Complaint Report
would be taken up prior to Item V. New Business. In future meeting
agendas, the Complaint Report will be item V. and New Business will be Item
VI.
Reg Buxton moved to approve the agenda, as amended. Second by Randy
Smith and carried unanimously, 3-0.
IV. Approval of Minutes: March 5, 2007
Reg Buxton moved to approve the minutes of March 5, 2007 as presented.
Second by Randy Smith and carried unanimously, 3-0.
VI. Complaint Report: - (handout)
Michaelle Crowley reported that there were 51 patrol cases and 21 individual or
industry complaints since the last PV AC meeting. She reported that:
. Embarq phone book advertisements were checked and all those without
their certificate number in the ad (40) will be receiving citations.
. Prime Corporate Rentals received 2nd citation ($1.000) for no CTa/decal.
They werc using 2 buses and now using a van to transport employees to
hotels, undcr a former employee, who was the certificate holder.
. Two companics were checked for pick up outside hotels with no CTa--
Corporate Connections and Able Transportation. Lettcrs were sent out to
them.
. Naples Beach Hotel now operating their own van for hotel employees
using hotcl employce as driver; and do not need vehicle for hirc
certificate.
. Friday, April 6, 2007, Michaelle will be appearing before the Special
Master with 2 cases.
1. Majestic ~art of MBA) is contesting a citation, saying they don't need
decals for 2n half of a trip coming out of Collier County.
2. Alligator Alley Express contesting a $1,000 citation for operating
without a CTa and several citations, not yet paid.
Discussion followed on several of the items on the complaint report.
Chairman Marino asked that a notation on thc report show whether fines/fees have been
paid or not; also, if the case is going to thc Special Master. This will assist the
Committee when approving a CTa. None are issued if there are outstanding costs due.
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April 2, 2007
V. New Business:
Diana HindaIl presented the following application packages, which have been
recommended for approval by staff.
A. New Applications:
1. Med-Tech Non-Emergency Transport-Request is for new CTO
Nick Nicholas, President of the company was prcsent. He also requested
approval for adding the company logo. Staff stated it is permissible if
under 30% of sides of vehicle. Upon registration, logo will be inspected
for compliance.
Randy Smith moved to approve the application. Second by Reg Buxton and
carried unanimously, 3-0.
Chairman Marino asked if Staff could provide the Committee with a graphic of
what is allowcd to be placed on the different types of vehicles for hire. (taxi, van,
charter, bus etc.). MichaeIle Crowley will obtain graphic for the Committee.
2. Alligator Alley Express, LLC. - Request is for ncw CTO.
David Brown, Managing Director, was present. Mr. Brown is contesting a
citation for not obtaining CTO and violating the Ordinancc. Mr. Brown
will be represcnting his company before the Special Master hearing on
April 6. Michaelle Crowley explained the background and basis of the
reasons for the hearing.
Discussion among Staff, the Committee Members and Assistant County
Attorney, Tom Palmer followed. It was determined that a new CTO could
not be issued at this time because the company is operating illegally (with
no CTO). There is an outstanding citation which is tied to the case that is
going to the Special Master. Until there is a finding whether the
Ordinance has been violated or not, the committec agreed to defer taking
up this application until the next PV AC meeting. At that time, result of
the Special Master ruling should be available.
Reg Buxton moved to defer taking up the application for approval of a new
CTO for Alligator Alley Express until the next PVAC meeting. Second by
Randy Smith and carried unanimously, 3-0.
VII. Discussion:
Further discussion with and questions to Attorney Tom Palmer ensued rcgarding
the procedurcs and possible scenarios for resolving the above situation.
Discussed also was the ninetecn non-renewals and if they were still in business.
VIII. Speakers:
Ken Mastrodomenico, Taxi Time, complained that Alligator Alley has been
operating since Jan. 31 without a CTO and inquired whether they will continue to
bc cited. Mr. Mastrodomenico also wanted clarification on that company's
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April 2, 2007
pre-determined destination pick-ups; thus, operating more like a bus.
It was explained that they will be cited if found operating. If they are not found in
violation of the Ordinance at the Special Master hearing, they will receive aCTO
upon approval of application. If"they are found in violation, they will not be
aI/owed to operate until conditions of the Ordinance are fulfilled
Suggestion wasfi)r the Ordinance dealing with destinations and pick-ups, be
checked.
Wayne Beazer, Carway Town Car, questioned the change in requirements in
the Procedures Manual from the Tax Collector's Office, showing all vehicles for
hire being titled under Class 9, as "taxi" on the registration, rather than a lease or
charter vehicle. After extensive research, he found no Florida Statute addressing
this change. This has and will cause a difficulty, not only in the devaluation of
the vchicle, but in obtaining financing and in a large increasc in insurance rates.
He asked the PV AC to look into this arbitrary change.
Marlene Serrano stated it was not a Statute change, only a new Tax Col/ector
Manual showing the change to" taxi" designation being determined by the weight
ofthe vehicle, (over or under 5,000 lbs.), not by its use. She stated that Staffwill
review the Manual and the Ordinance to note the conflict in definitions.
. .
Tom Palmer stated that this change may have comc from FDOT, and the superior
ruling of the State would supersede a County Ordinance. If the rule caused an
unintended conscquence or did not follow proper notillcation and other legal
procedurcs, class action on the part of the industry associations may be warranted
to try and change the designation in thc Manual.
After further discussion, Chairman Marino, Mr. Palmer, the Advisory Committee
and Staff agreed that the Tax Collector and the FDOT in Tallahassce should be
contacted with the ramillcations and conflict caused by the changed designation
in the Manual. lfwarrantcd, it could possibly be amended for c1arillcation.
The next scheduled meeting date will be on Monday, May 7, 2007 at 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 10:42 A.M.
Collier County Public Vehicle Advisory Committee
Chairman, Tony Marino
These minutes approved by the Board/Committee on_,,__~' as presented __~_or as
amended
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