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PVAC Minutes 07/09/2007 R July 9, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Naples, Florida, July 9,2007 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 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 (excused) VICE CHAIRMAN: Reg Buxton Russ Berghuis Tom Lugrin Randall Smith Steven Quinn (absent) ALSO PRESENT: Lazara Chavez, Code Enforcement Michaelle Crowley, Investigator, Code Enforcement Kitchell Snow, Code Enforcement Evelyn Trimino, Code Enforcement Tom Palmer, Assistant County Attorney AGENDA COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE July 9th, 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 Minu tea: June 4 th, 2007 v. Complaint Report - Michaella Crowley VI. New Business: A. New Application: 1. Excel Transportation Services - NeweTO 2.SNL Non Emergency, LLC - New eTa VII. Discussion: 1. MBA VIII. Speakers : IX. Next Scheduled Meeting Date: August 6th, 2007 x . Adj ournmen t July 9,2007 I. Call to Order: Vice-Chairman Reg Buxton called the meeting to order at 9:34 A.M. II. Roll Call Lazara Chavez called the roll and a quorum was determined. III. Approval of Agenda Russ Berghuis moved to approve the Agenda. Second by Randy Smith. Carried unanimously, 4-0. IV. Approval of Minutes of June 4, 2007 Russ Berghuis moved to approve the minutes of June 4, 2007 as presented. Second by Tom Lugrin. Carried unanimously, 4-0. V. Complaint Report - Michaelle Crowley (handout) Michaelle Crowley provided the members with copies of the Complaint Report, pointing out that there were 58 Patrol cases and 14 complaints from citizens and/or members of the industry from June 4 through June 26,2007. She noted that · Two late coming items will be on the next report. · Two companies out of business and removed from Certificate Holder List -Able's Sweet Jam 'II Limo and Sunrise VIP Limo · Operate wlo driver ID second time -owner and driver cited · Letters were sent out to three companies licensed in Lee County, but operating in Collier County without Certificates to Operate. She suggested to them to either farm out run to a Collier County Certificate Holder or go through the application process in Collier County. Otherwise they will continue to be cited and fined. · At renewal, ifthe owner is also the driver, the Driver ill must be renewed as well as the CTO. Randy Smith inquired about private companies, transporting hotel employees, needing a certificate. Michaelle Crowley replied that an outside company would, but a business using its own vehicles and their OWII employees to operate those vehicles would not. Tom Lugrin asked about situations where requirement for drivers for the school system, which has more strict requirements for background checks, would have to duplicate driver ID renewal process under the County. Michaelle Crowley stated that under the present Ordinance there was no reciprocity that she was aware of but staff could look into it. Tom Palmer stated if the BCC wanted to grant reciprocity to certain entities, that the Ordinance could be amended to allow that point. 2 July 9, 2007 VI. New Business: Lazara Chavez presented the following application packages, which had been recommended by staff for approval. A. New Application: 1. Excel Transportation Services - Request is for a new CTO. Applicant was James Lavasseur, who was not present. Staffreported that applicant had planned to be present and that application was complete. Tom Lugrin noted that there were financial irregularities on the application's credit report and he recommended they be cleared up before the Advisory Board recommends approval Russ Berghuis moved that the Excel Transportation Services application approval be tabled until the Ilext meeting when the applicant can be present. Second by Reg Buxton. Carried unanimously, 4-0. 2. SNL Non Emergency, LLC. - Request is for new CTO Applicant was Gustavo Adolfo Carranza and he was present. Staff reported that the application is in order. Purchase of vehicle and commitment for insurance are to be activated pending approval by PV AC. Randy Smith moved to recommend approval of the application. Second by Russ Berghuis. Carried unanimously, 4-0. VII. Discussion 1. MBA Evelyn Trimino explained that the signage issue with MBA was addressed at a meeting attended by Tom Palmer, Michele Arnold, Michaelle Crowley and the owner ofMBA. The staffs conclusion was for the required signage for Lee County and the Airport Port Authority to be on removable magnetic signs that can be removed when coming into Collier County. MBA vehicles have signage on all four sides of the vehicles. Tom Palmer stated that the Airport Authority does not allow magnetic or any removable signs and he had written a memo asking staffto ignore enforcing that particular portion of the Ordinance until clarification can be made and any ambiguities can be corrected when the Ordinance is next amended. I. He was not of the opinion that there was an Ordinance violation in that the advertising was not for a particular company but of the entity that the company is a part of. 2. The intent of the Ordinance is not to prohibit either County's licensed and certificated drivers from participating in the airport business. His suggestion was to use plain magnetic signs, the color ofthe vehicle, which could be removed when returning to Lee County. He noted that this is an airport security issue. MichaeIle Crowley read a portion of the Ordinance pertaining to the allowed signage for charter vehicles. 3 .._'~---- ---..'.------..-------".----- July 9, 2007 Randy Smith requested staff to obtain copies ofthe Port Authority contract with MBA on what exactly is approved and what isn't. He stated there was no signage issue at the airport before the contract with MBA. The question was to find out if it is an MBA requirement or the Airport Port Authority ruling before PV AC makes any attempts at Ordinance changes. Tom Lugrin suggested a written copy be obtained from the Port Authority rather than from MBA. His concem is that there is an attempt to prevent Collier vehicles from going to the airport. Evelyn Trimino announced that they are not decaling any MBA vehicles that have signage on them. More information will be obtained. VIII. Speakers: Ken Mastrodomenico, Taxi Time, appeared to discuss an issue that had arisen regarding the placing of their web address, (www.taxitime@aol.com). on the rear window of Pinkie's Car Service, which is a sub-certificate of Taxi Time. He argued that the e-mail address is the same on both applications and was approved. He believed he was unjustly cited as the web address is used for both companies. Michaelle Crowley explained that Pinkie's Car Service is not a taxi and the web address gives the appearance to the public that it is. According to Michaelle's interpretation of the Ordinance, Pinkies Car Service, a non- taxi vehicle, cannot portray any advertisement for a company other than Pinkie's Car Service; regardless of the fact of it being a sub-certificate of Taxi Time. She suggested it be removed or a Pinkie's e-mail address be added instead. Tom Palmer supported Michaclle's interpretation ofthe Ordinance. He agreed the web address should be removed or Pinkie's own e-mail address be used. But, ifMr. Mastrodomenico disagreed, his reeourse was to take the issue to the Special Master. Discussion followed whereby the Advisory Board determined that both staff and legal input had been given. Russ Berghuis moved to recommend the web address containing the words "taxitime" or "taxi time" be removedfrom Pinkie's Car Service vehicle(s} or, that the owner petition jor a hearing before the Special Master for a final deter- mination on the issue. Second by Randy Smith. Carried unanimously, 4-0. Rick Scott, Elite Transportation, had several questions: 1. A $500 citation was received by his driver, who had assured Mr. Scott that he had Collier County lD. The driver was going to a hearing on June 6 and informed Mr. Scott that everything regarding the citation was resolved. The driver is now deceased and M r. Scott has received the $500 citation. He was now responsible for the fine. He wanted to know how owners can be notified that the drivers do not have a driver ID and/or ifit was denied. 4 _,"W_~__'~____" ___.._~ July 9, 2007 The answers given by staff were: · The system is in place and part of the process of getting a license is a background check (nationwide). · Owner's job is to make sure they have proof that driver is licensed. · Verbal assurance should not be relied upon. · Staff can be called to have status checked · No license, no driving. 2. Mr. Scott also complained about the size and lack of information on licenses. He stated a need for smaller version to carry as well as newer type with more information on background check and company name. Evelyn Trimino allswered that a new software program will create a new and smaller [D, but the wurding is taken directly from the Ordinance. 3. Mr. Scott also questioned a citation regarding a driver who left his 1D in one of several cars he had bcen driving that day. Michaelle Crowley respunded that investigators carry a list of license holders. There would not be afille for license not carriedfor afirst offense, just a written notice. If second offellse, both owner and driver fined Mr. Scott was advised to meet with staff for detailed answers to any further questions that did not involve Board decisions. IX. The next scheduled lIleetillg date will be August 6, 2007. There being no further busincss for the good ofthe County, the meeting was adjourned by order of the chair at 10:22 A.M. COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Vice-Chairman, Reg Buxton These minutes approved by the Board/Committee on as presented or as amended 5 _.._"...._._.~....~.._._-,._"._..,._-