PVAC Minutes 05/07/2007 R
May 7, 2007
MINUTES OF THE MEETING OF THE COLLIER COUNTY
PUBLIC VEHICLE ADVISORY COMMITTEE
Naples, Florida, May 7, 2007
LET IT BE REMEMBERED, that the Collier County Public Vehicle
Advisory Board Workshop in and for the County of Collier, having
conducted business herein, met on this date at 9:30 AM, in REGULAR
SESSION at the Collier County Community Development Services Division
Conference room #609,2800 N, Horseshoe Drive, Naples, Florida with the
following members present:
CHAIRMAN: Tony Marino
Russ Berghuis
Reg Buxton
Tom Lugrin
Randall Smith
Steven Quinn (alternate)
STAFF PRESENT:
Michelle Arnold, Director Code Enforcement
Marlene Serrano, Supervisor Code Enforcement
Lazara Chavez, Administrative Secretary
Michaelle Crowley, Investigator, Code Enforcement
Kitchell Snow, Code Enforcement
Tom Palmer, Assistant County Attorney
AGENDA
COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE
May 7, 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
1. Call to Order
II. Roll Call
III. Complaint Report - Michaelle Crowley
IV. Approval of Agenda
V. Approval of Minutes: April 2nd, 2007
VI. New Business:
A. New Application:
1. Mexi Medical Transportation -
2. Charles Limousine Services -
3. AA # 1 Taxi Cab - New CTO
4. J - Limo - New CTO
5. Sunshine Transportation, LLC - New eTO
6. Palm Air - Review Renewal
7. J. poelker Trans. Servo DBA Apple Transportation
New eTO
New CTO
VI. Discussion:
VII. Speakers
VIII. Next Scheduled Meeting Date: June 4, 2007
IX. Adjournment
May 7, 2007
I. Call to Order:
Chairman Tony Marino called the meeting to order at 9:30 A.M.
II. Roll Call
Lazara Chavez called the roll and a quorum was established.
III. Approval of Agenda
Russ Berghuis moved to approve the agenda; seconded by Reg Buxton. It was
noted that additional item, (numbered 8. under New Business) was added. A
replacement agenda was distributed.
Russ Berghuis amellded his motioll to approve the agellda, as amellded. Secolld
by Reg Buxtoll alld carried ullallimously, 5-0.
IV. Approval of Minutes - April 2, 2007
Russ Berghuis moved to approve the millutes of April 2, 2007 as presellted.
Secolld by Tom Lugrill alld carried ullallimously, 5-0.
V. Complaint Report - Michaelle Crowley (handout)
Michaelle Crowley distributed her report and highlighted some of the particulars:
. Since 4-7-07, 75 patrol cases and 19 citizen and/or industry complaints.
. Special Master found Majestic Limousine guilty of operating without a decal.
Fines and cost have been paid. Vehicle used was an MBA car.
. Special Master found Alligator Alley Express guilty of operating without a
Certificate to Operate (CTO). They were fined $1,000 plus court costs, to be
paid before June 1,2007. Also pending, was a violation for using a Spirit of
America van to make Alligator Alley Express pick-ups. Mr. David Brown,
registered agent, could not be located. Vans were found, parked illegally, at
Home Depot parking lot and have since been repossessed. Alligator Alley
Express company has been repossessed by the fOffiler owner and is not
operating at all at this time.
. Several citations issued for no Driver ID and/or no decal; one for no CTO
. Letters ofrequirements sent to Bonita City Co making pickups with no CTO
and Home services business providing airport service
. Set for trial June 11 - Driver employed by a CTO holder. If convicted, would
be disqualified to drive. Case will be monitored
. Number of drivers with old driver ID (not picture ID) - Letters sent out as
reminders will be sent to owners and drivers from now on. Must be effective
as of date of being fined.
. West Point, First Class and Gulfstream Limousines - All three services have
not renewed and were not in operation as of Jan. 1, 2007.
. Case being researched of valet at hotel, calls friends to provide cars for guests.
. Prom season - checked several limos, all valid except one, (ID not carried).
Notice ofYio1ation given. Staff will be monitoring/attending two proms next
week and three the following week
2
May 7, 2007
Discussion followed regarding valet assisting in running a vehicle for hire. Staff
reaffirmed that only if the person called has driver ID, working for a CTa holder,
would it be allowed.
VI. New Business:
Lazara Chavez presented the following application packages, which have been
recommended by staff for approval
A. New Applications:
1. Mexi Medical Transportation - Request is for Sub-Certificate of Me xi Taxi
Applicant is Mildania Hinojosa, who was present and stated that vehicles are to
be purchased and insured pending PV AC's approval.
Russ Berghuis moved to recommend approval. Second by Randy Smith and
carried unanimously, 5-0.
2. Charles Limousine Service - Request is for new CTa
Applicant is Charles Harvey, who was present.
Randy Smith moved to recommend approval. Second by Reg Buxton and carried
unanimously, 5-0.
3. AA # 1 Taxi Cab - Request is for new CTa
Applicant is Douglas Fernandez, who was present and stated vehicle is to be
purchased and insured, pending PV AC's approval.
Russ Berghuis moved to recommend approval. Second by Reg Buxton and
carried unanimously, 5-0.
4. J - Limo - Request is for new CTa
Applicant is Jesus Prado, who was present and stated vehicle is to be purchased
and insured, pending PV AC's approval.
Russ Berghuis moved to recommend approval. Second by Reg Buxton and
carried unanimously, 5-0.
5. Sunshine Transportation, LLC. - Request is for new CTa
Applicant is Julio Benitez, who was present and stated vehicle is to be purchased
and insured pending PV AC's approval.
Russ Berghuis moved to recommend approval. Second by Randy Smith
Questions arose on possible problem of public confusion between Sunshine
Transportation and Sunshine Cab, not only in the name, but in the vehicle colors to
be used. After discussion and consulting with Attorney, Tom Palmer, it was
suggested that in order to protect each company's names and colors chosen, Mr.
Benitez operate with a DBA of his choosing, under Sunshine Transportation, LLC.
3
May 7, 2007
Russ Berghuis amended his motion to recommend approval, to include the
provision that Mr. Benitez operate under a DBA that will not confuse the public.
Second by Reg Buxton and carried unanimously, 5-0.
6. Palm-Air Transportation, LLC. - Request is for Renewal Review
Owner is John McEntee, Jr., who was present. Members reviewed the Renewal
Forms.
Russ Berghuis moved to recommend approval of the Renewal. Second by Reg
Buxton and carried unanimously, 5-0.
7. J. Poelker Transportation Services, Inc. DBA Apple Transportation-
Request is for Renewal Review.
Owner is John J. Poelker, who was present. Prior citation has been paid. Special
Master case - Agreed that technical violation would not affect this pending renewal
application.
Russ Berghuis moved to recommend approval of renewal. Second by Randy
Smith and carried unanimously, 5-0.
8. Peter Wessell- Request is for Review of ID Application for Final Approval
Applicant is Peter Wessel, who was present. Court records were reviewed and
explained by Mr. Palmer.
Russ Berghuis moved to recommend approval of ID application. Second by Reg
Buxton and carried unanimously, 5-0.
Michaelle Crowley reminded those present that all advertisements, of any kind,
must contain the Certificate to Operate (CTO) license number.
Chairman Marino asked that this information be included in the application.
VII. Old Business:
A. Continued Application
1. Alligator Alley Express, LLC - new owner
Michaelle Crowley explained that even though the company is out of business, the
application for Alligator Alley Express, applied for by David Brown, had not been
withdrawn. Also, the new owner does not intend to apply.
The decision on approval was to be determined based on the outcome of the
findings of the Special Master, as voted on at the last PV AC meeting.
After discussion on the issue, the Members decided that the application should be
denied because the application requirements have not been met. IfMr. Brown so
chooses, he could appeal to the Special Master.
Russ Berghuis moved to recommend denial of the application by David Brown
for Alligator Alley Express. Second by Reg Buxton and carried unanimously,
5-0.
4
May 7, 2007
VIII. Discussion: Sign age for Vehicle for Hire handout
Michaelle Crowley, in response to a request by Chairman Marino at last month's
meeting; distributed copies of graphics she prepared that indicate the size and
signage allowed under Collier County Ordinances for the various types of vehicles
for hire.
After review of each type, discussion followed. It was suggested that this graphic
be provided to all applicants and sign age be checked at time of inspection/renewal.
Chairman Marino and the PV AC Members thanked Michaelle Crowley for the
concise graphic and for her efforts in clarifying the sign age requirements.
Michelle Arnold, in answer to several complaints, announced that the decal type
will be changed, due to the problem of fading.
Tom Lugrin brought up the issue on whether SUV's are considered as sedans or
vans, since the Ordinance does not address SUV's. Brief discussion followed.
Randy Smith moved to recommend that SUV's should be considered as sedans
when applying conditions of the Ordinance or Codes. Second by Reg Buxton
and carried unanimously, 5-0.
IX. Speakers:
Doug Wilcox, Aaron Transportation, reported that he was in the process of
selling a portion of his business.
John McDougall, President of Intra-Governmental Solutions, representing
Apple Transportation and MBA
Mr. McDougall offered information regarding the issue of the signage, decal, ID
display and licensing problems between Lee and Collier counties, the Port
Authority and the contract agreement with MBA. He stated that there is a letter to
the Commissioners of Lee County asking that they meet with the Commissioners
of Collier County to amend or create Ordinance to resolve the differences.
The issue is that Lee County and Collier County have different requirements as to
what can/cannot be attached, displayed and identified on vehicles going to and
from RSW. MBA has a contractual agreement with the Port Authority for service
to the airport.
Tom Palmer pointed out that neither County's Ordinances has the intention to
prevent or hinder each County from doing business in the other County.
Randy Smith asked Michaelle Crowley to request a copy of the MBA contract so
that PV AC may review it and its requirements.
Michelle Arnold noted that there are 2 issues at stake: vehicle decal and driver rD.
5
May 7,2007
A lengthy discussion ensued covering the following:
. Suggestion to wait until Lee and Collier Commissioners hear the issues and
respond to the letter.
. Recommendation for mutually electing not to enforce this particular
situation until the Ordinances can be amended to address this glitch
. Consideration to have a reciprocity agreement signed.
. Consideration to decaling in Collier County if picking up business here
. Having MBA only use companies that have Collier County decal and
driver ID; (MBA itself, is not a certificate holder in Collier County)
. Making procedures for background checks, drug testing and ID
requirements, along with their follow-up requirements the same in both
counties.
Chairman Marino ended the discussion by stating that the PV AC will wait to
hear the response to the letter from the Commissioners. They will take direction
and/or make recommendations as directed by the BCC.
X. Next Scheduled meeting: June 4, 2007
There being no further business for the good of the County, the meeting was
adjourned by order of the chair at 10:40 A.M.
************
COLLIER COUNTY PUBLIC VEHICLE
ADVISORY COMMITTEE
Chairman, Tony Marino
These minutes approved by the Board/Committee on
as amended
, as presented
or
6