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PVAC Minutes 02/04/2008 R February 4,2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Naples, Florida, February 4, 2008 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 and Environmental Services Building, 2800 N. Horseshoe Drive, Conference Room #609, Naples, Florida, with the following members present: CHAIRMAN: Tony Marino Russ Berghuis Reg Buxton (excused) Tom Lugrin Randall Smith Steve Quinn (alternate) STAFF PRESENT: Marlene Serrano - Code Enforcement Supervisor Kitchell Snow - Investigator/Code Enforcement Michaelle Crowley - Investigator/Code Enforcement Brittany Ervin - Code Enforcement Evelyn Trimino - Administrative Secretary Jeff Wright - Assistant County Attorney COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE AGENDA Date: February 4, 2008 at 9:30 A.M. Location: Collier County Community Development Services Building, 2800 N. Horseshoe Dr, Naples, FL, Conference Room # 609/610 NOTICE: PERSONS WISHING TO SPEAK AT THE MEETING NEED TO COMPLETE A "REQUEST TO SPEAK" FORM. SPEAKERS MAY BE LIMITED TO THREE (3) MINUTES FOR DISCUSSION UNLESS ADDITIONAL TIME IS GRANTED BY THE COMMITTEE. ALL PARTIES PARTICIPATING IN THE PUBLIC MEETING NEED TO SPEAK ONE AT A TIME AND STATE THEIR FULL NAME AND COMPANY THEY REPRESENT, IF APPLICABLE, SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. 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. 1. CALL TO ORDER A. Roll Call 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES: January 7, 2008 4. COMPLAINT REPORT -- Michaelle Crowley 5. NEW BUSINESS A. New Applications 1. Always on Time Limo, LLC - New CTO. Owner: Mario A. Gonzalez 2. Paradise Airport Rides - New CTO. Owner: Elius Merisnor 3. Express Taxi, Inc. - New CTO. Owner: Ricot Dieujuste 4. SW Cab -- New CTO. Owner: Jean B. Aristil 5. American Taxi - New CTO. Owner: Pierre Jean Louis 6. Bonita Bee Airport Express Service, LLC -- New Ownership. Owner: Scott A. Fox 7. Doris Limousine Service -- New CTO. Owner: William R. Harrop 8. MBA Airport Transportation, LLC -- New CTO. Directors: Mary E. Poelker, Judith L. Griffin, and John J. Poelker B. Change of Name 1. Carriage Limousine, LLC -- (from MM Limo, LLC). Owner: Mostafa Motamad 6. OLD BUSINESS A. What constitutes a VFH? B. Request for Legal Opinion re front plate logo on Subcontracted cars 7. SPEAKERS 8. NEXT MEETING DATE: March 3, 2008 9. ADJOURN February 4,2008 I. Call to Order The meeting was called to order by Chairman Tony Marino at 9:33 A.M. A. Roll Call Roll call was taken and a quorum established. II. Approval of Agenda Russ Berghuis moved to approve the agenda. Second by Randy Smith. Carried unanimously 4-0. III. Approval of Minutes: January 7, 2008 Russ Berghuis moved to approve the minutes of January 7, 2008 as presented. Second by Tom Lugrin. Carried unanimously, 4-0. IV. Complaint Report (handouts) Michaelle Crowley explained the various items in the Complaint Report handout. Report covers information for the month of January, 2008. These included 23 patrol cases handled, 14 citizen or industry complaints. An up-to-date listing of companies, addresses, phone numbers and owner's name(s) was provided to the Committee Members. Staff has been busy with decaling, as the deadline was January 31 st. She and Kitchell Snow attended the Special Magistrate hearing on February 1 where 3 citations were being contested V. New Business: Evelyn Trimino presented the following applications packages, which have been recommended by Staff for approval A. New Application: 1. Always On Time Limo, LLC - Request is for new CTa Applicant is Mario Gonzalez, who was present. Staff explained the package was complete. Russ Berghuis moved to recommend for approval. Second by Tom Lugrin. Carried unanimously, 4-0. 2. Paradise Airport Rides - Request is for New CTa. Applicant is Elius Merisnor, who was not present. PVAC passed on consideration of this application. 3. Express Taxi - Request is for New CTa. Applicant is Ricot Dieujuste, who was present. Insurance is pending for PV AC review and verification of class 9. 2 February 4,2008 Russ Berghuis moved to recommend approval upon staff verification of proper insurance and Class 9 status. Second by Randy Smith. Carried unanimously, 4-0. 4. S. W. Cab - Request is for new CTO. Applicants are Jean Aristil and Ronald Aristil, who were not present. PVAC passed on consideration of this application. 5. American Taxi - Request is for new CTO. Applicant is Pierre Jean Louis, who was not present. PVAC passed on consideration of this application. 6. Bonita Bee Airport Express Service, LLC - Request is for CTO Applicant is Scott Fox, who was present. Staffreported this is a change in ownership. Staff to review class 9 status. Russ Berghuis moved to recommend approval. Second by Randy Smith. Carried unanimously, 4-0. 7. Doris Limousine Service - Request is for new CTO Applicant is William Harrop, who was not present in the meeting room, but was in the building. Chairman Marino offered to take this item up after number 8. In anticipation of extensive discussion and speakers scheduled on this topic, item 8 was taken up following item B. B. Change of Name 1. Carriage Limousine, LLC - from MM Limo, LLC. Applicant is Mostafa Motamad, who was present. Brief discussion followed Russ Berghuis moved to recommend approval of the name changefrom MM Limo, LLC to Carriage Limousine, LLe. Second by Randy Smith. Carried unanimously, 4-0. 8. MBA Airport Transportation - Request is for new CTO Applicant is Mary Poelker, who was present. Staff cited issues relating to approval: . Signage issue for sedans- (none for sedans allowed; okay on vans) . Complaints reported for pick-ups in Collier County (unobserved by staff). . Can drop off but not pick up. . Questions on insurance liability. Airport requirement met. Staff will review insurance for each vehicle and that they are under MBA name. 3 February 4, 2008 . Inform effective date for Collier is January 31. . Drivers must have Collier County license to pick up in Collier County. . MBA vehicles will need monitoring. Discussion of each item ensued. Assurances were given by MBA owner that all Collier County requirements would be met. Russ Berghuis moved to recommend approval upon staff's verification that all Collier County conditions cited have been met. Second by Randy Smith. Speakers and discussion followed. Debbie Ruck, Naples Shuttle, Inc. read a list of issues opposing the granting of a CTO to MBA. Some of which were: . Reject monopoly ofMBA . PV AC not protecting Collier County businesses . Taxi community has exclusive access to on demand passengers at airport . Collier County taxis have been shut out . On demand line rate should be same as Collier County. . Taxis should be complete- with meters and top light . Sub contractors-Leased vehicles to MBA- advertising other compames . Additional burden of sixty more vehicles to permit-lOO more dri vers to conduct background checks. She asked that the application be denied until they comply with Collier County's Ordinance. Mary Poelker, MBA spoke defending her position and stated they will work with Code Enforcement to police their drivers' actions and comply with all Collier County requirements. Todd Mastro, Maxi Taxi, noted that: . His father had established the PV AC board and one of its duties was to approve new businesses only if the industry could support additional companies. . Sixty more vehicles, in excess of the more than 1000 already serving the public in Collier County, do not protect local businesses. . The application should be denied until the pending law suit in Fort Myers against MBA is settled. . Stressed that with MBA's monopoly, most of Collier companies would be out of business. Suggestions were made that some of these grievances could go before the Special Magistrate. Opinion was asked of Attorney Jeff Wright. 4 February 4, 2008 Jeff Wright offered that complaints of monopoly issues, discrimination and some of the other issues could be addressed by other means, such as civil action. If a Charter issue, it can be addressed by PV AC with a recommendation to BCC. He stressed the PV AC meeting in progress was to grant a CTO if packages were in order and all rules and requirements had been followed. The committee agreed to add discussion of what to recommend to BCC regarding any violation of a Charter issue to the next agenda. Motion to recommend approval was carried unanimously, 4-0. 7. Doris Limousine Service - Request is lor new CTO Applicant, William Harrop was now present. Brief discussion held on signage for vans and limousines, for clarification. Randy Smith moved to recommend approval. Second by Russ Berghuis. Carried unanimously, 4-0. VI. Old Business A. What Constitutes a Vehicle for Hire (VFH?) Jeff Wright quoted the definition from the Ordinance. However, the facts of the issue may affect the analysis of the definition given. . Generally, if the service is being paid for, it's a vehicle for hire. . Some tour companies are not being regulated. . Questions arose on Hotel guests, limited classes of people versus the general public and transportation service being provided for employees. . If compensation is received, they fall under Collier County VFH Ordinance. Randy Smith moved to recommended that staff compile a list of tour companies, coming into and out of Collier County; have the attorney check their status; and ifnot in compliance with Collier County's Ordinance, have staff contact them to apply for a Collier County CTO. Second by Tom Lugrin. Carried unanimously, 4-0. B. Request for legal opinion re: front plate logo on subcontracted cars. Tom Lugrin reviewed the issue that subcontracted vehicles have a front plate, other than their own name, identifying the contracted name. Jeff Wright stated all signage must be uniform and reflect the certificated owner's name to prevent confusion and protect the public. A suggested solution was for a card inside the vehicle or on the dashboard identifying the company the subcontractor is working for. 5 February 4, 2008 VIII. Speakers Ken Mastrodomenico, Taxi Time, spoke about a program adopted by PV AC several years ago to provide a training program for all new applicants. He is in the process of developing a power point program based on the Miami Nice program and asked for PV AC's cooperation and assistance to benefit all concerned. Tom Lugrin asked about time frame for both renewals and applications and how many have issues that will hold up the process. Brittany Ervin and Evelyn Trimino went over the process step by step. . Notices are sent out in October . Holdups occur mostly because of incomplete information and waiting until the last minute. . 2300 renewals and applications were processed by January 31 . Background checks take 2-4 days return, unless information is incomplete. . All are reviewed by the supervisor. Suggestions made were for different times for hack licenses and renewals; also, not to accept any incomplete packages. Randy Smith suggested discussing the issue on the next meeting's agenda. VIII. Next Scheduled Meeting Date is March 3, 2008 at 9:30 A.M. ***** There being no further business for the good of the County, the meeting was adjourned by the order ofthe Chair at 10:34 A.M. COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Chairman, Tony Marino These minutes approved by the Board/Committee on presented or as amended as 6