PVAC Minutes 04/07/2008 R
April 7, 2008
MINUTES OF THE MEETING OF THE COLLIER COUNTY
PUBLIC VEHICLE ADVISORY COMMITTEE
Naples, Florida, April 7, 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 in
Room #610 at the Collier County Development and Environmental Services
Building, 2800 N. Horseshoe Drive, Naples, Florida, with the following
members present:
CHAIRMAN: Tony Marino
Russ Berghuis
Reg Buxton (excused)
Tom Lugrin
Randall Smith (excused)
Steven Quinn, alternate
ALSO PRESENT:
Marlene Serrano, Supervisor Code Enforcement
Michaelle Crowley, Investigator-Code Enforcement
Brittany Ervin, Code Enforcement
Kitchell Snow, Investigator, Code Enforcement
Jeff Wright, Assistant County Attorney
Date". April 7,2008 at 9:30 A.M.
",,",," co"., Co,", comm,"~ D~"opm'''' SoN"" '0'."" ,,00 H Ho~,h" D., H'P'"" Fe
Conference Room *" 609/610
COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE
~GENDA
ND"ce, PERSONS ",SHlNG TO sPeAK AT THe MeET''''' HeeD TO CDMPeETE , "ReQueST
TO SPE'~' FORM, sPe'KeNS M'Y Be uM"eD TO THREe ,,, MINUTES FOR _USSlDN
UNLESS ADDITIONAL TIME IS GRANTED BY THE COMMITTEE.
JU-L p_eB p,..-rlC"'"'''' IN THe pUBLIC MeenHG HeeD TO Bpe,K oNe ,T' TIMe JUlD
BT,TE THEIR FULL ..Me JUlD c","PJUlY THeY REPREseNT, IF 'PPUC'BLe, so TH,T THe
COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE.
,NT peRSON "HD DECIDes TO APPEAl- , DeClSlDH OF THlS B,)l,NG "'LL NeED' ReCORD
OF THe PRDceeOlNGS peRTIllHlNG THeRETO, JUlD THeREFORE M'Y NeeD TO eNSURe THAT
, V"B,,,M RECORD OF THe PRoceeDINGS lS M_, "HlCH REcORD INCLUDes TH,T
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
PL""se eNSURe JU-l- ,.GeRS ,NO ceLL PHONes JUle OFF DR lH , QUlET PDS"IOH
1. CALL TO ORDER
A. Roll Call
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES: March 3, 2008
4. ~OMPLAINT REPORT -- Michaelle crowley
5. liEW BUSINESS
A. New APplications
1. Palm coast Transportation - NeW CTO
2. Gulf Shore Transportation -- New CTO
3. Checker Airport Transportation - NeW CTO
4. Carey Limousine Florida Inc _NeW CTO
5. USA Transportaion - NeW CTO
owner: George Westgate
owner: Raul Reyes
owner: Judith Griffin
Owner: Roberto Martinez
Owner: Penney Vitale
6. OLD BUSINESS
A. CTO number Notice of Change Letter to CTO holders
B. Citation to companies not advertising according to Ordinance
C. Independent operators wrongly classified by employers
D. Dolphin Transportation - "Tuk Tuk" Service
7 . SPEAKERS
8. NEXT MEETING DATE: May 5, 2008
9. @JOURN
April 7, 2008
I. Call to Order:
Chairman Tony Marino called the meeting to order at 9:35 A.M.
A. Roll Call:
The roll was called and a quorum established.
II. Approval of Agenda:
Russ Berghuis moved to approve the agenda. Second by Tom Lugrin. Carried
unanimously, 4-0.
III. Approval of Minutes: March 3, 2008
Tom Lugrin moved to approve the minutes of March 3, 2008 as presented.
Second by Steven Quinn. Carried unanimously, 4-0.
IV. Complaint Report: - (handout)
Michaelle Crowley reported that there were 82 patrol cases and 16 individual or
industry complaints since the last PV AC meeting. She reported on the number of
unpaid citations and another citation in the process of being issued.
The report was reviewed by the Advisory Committee.
V. New Business:
Brittany Ervin presented the following application packages, which have been
recommended for approval by staff.
A. New Applications:
1. Palm Coast Transportation -Request is for new CTO
Applicant is George Westgate, who was present. Staffreported the application
package was complete except for insurance and Occupational license, which is to
be obtained pending PV AC approval.
Russ Berghuis moved to approve the application conditioned upon proof of the
receipt of insurance and Occupational license. Second by Tom Lugrin.
Carried unanimously, 4-0.
2. Gulf Shore Transportation - Request is for new CTO.
Applicant is Raul Reyes, who was present. Staff reported the application package
was complete except for insurance, which is to be obtained upon PV AC approval.
Russ Berghuis moved to approve the application conditioned upon proof of the
receipt of insurance. Second by Tom Lugrin. Carried unanimously, 4-0.
3. Checker Airport Transportation - Request is for new CTO
Applicant is Judith Griffin, who was present. Staff reported the application
2
April 7, 2008
package was complete except for Occupational license, which is to be obtained
upon PV AC approval. Staff also noted the similarity of name to an existing
business, Checker Cab; and, asked the Advisory Committee to comment on
confusion to the public and/or any problems that may arise.
Discussion followed regarding the name and how the Ordinance addresses the
Issue.
The Advisory Committee requested Deborah Lehman, representing Checker Cab,
for her input. She voiced objection to use of the name as being too similar to
prevent confusion.
The Advisory Committee asked Judith Griffin if changing the name would
present a problem, to which she responded that it would not since she had other
company names she was insured and registered under. Ms Griffin agreed to
change the application name to 24/7 Transportation.
Russ Berghuis moved to approve the application with the condition that the
application name of Checker Transportation be changed to 24/7 Transportation
and the Occupational license be obtained under that name. Second by Tom
Lugrin. Carried unanimously, 4-0.
4. Carey Limousine Florida, Inc. - Request is for new CTO
Applicant is Roberto Martinez, who was not present. Staffreported this item had
been removed from the agenda and then re-added. The Applicant was called, but
had not responded prior to the meeting. Code Enforcement will monitor them.
This item was deferred until the next meeting, May 5, 2008.
S. USA Transportation - Request is for new CTO
Applicant is Penney Vitale, who was present. Staffreported that a name change
due to spouse's death required re-issued insurance and Occupational license.
These are to be obtained pending PV AC approval.
Tom Lugrin moved to approve the application conditioned upon proof of
insurance and Occupational license. Second by Russ Berghuis. Carried
unanimously, 4-0.
VI. New Business:
A. CTO number Notice of Change Letter to CTO holders
Staff announced that CTO holders were notified ofa numbering change to their
CTO license numbers. They were informed how to display advertisements and to
include the new numbers in all future advertising, per the Ordinance.
B. Citation to companies not advertising according to Ordinance
In conjunction with the above requirement, citations will be issued to owners not
using their CTO number in any advertisements, according to the Ordinance.
C. Independent Operators wrongly classified by employers
Chairman Marino explained that this issue had been brought up by Randy Smith
3
April 7, 2008
at the March 3'd meeting. At that meeting a motion to recommend the BCC
request staff to look into whether or not PV AC can oversee the safety and welfare
of drivers, in regards to employee status versus independent operator status was
passed. Staff did not report any action or response.
Assistant County Attorney Jeff Wright commented that this issue may not be a
function of Public Vehicle Advisory Committee.
Following discussion, it was determined the subject to be a dead issue.
D. Dolphin Transportation - "Tuk Tuk" Service (handout)
Fizz Papps, of Dolphin Transportation, provided copies of a new vehicle type,
which has three wheels, no doors, is street legal, registered as a motorcycle and
requires a motorcycle driver license to operate. His question to the Committee
was how to license it under Public Vehicle Ordinance to transport customers.
It was noted that an exemption exists for "specialty use" such as antique cars used
for weddings and special festive occasions.
Kitchell Snow read from the Ordinance the definition of "Motor Vehicle". It was
determined that the vehicles in question do meet the definition.
Michaelle Crowley mentioned meters, ifit were to be considered a taxi.
Chairman Marino suggested checking with Key West in Monroe County, where
they have been in use for some time, to see how they are handled there.
Jeff Wright agreed to research further, having a safety concern under the Code,
regarding brakes, lack of doors and air conditioning. He will report his findings at
the next PV AC meeting. Also he will check ifthere would have to be an
Ordinance change.
VII. Discussion:
Further discussion on the use of this vehicle revolved around:
· its limitations on main streets
. its insurance requirements
. its fares not to undercut cabs
. its notification for public meetings on the subject.
VIII. Speakers:
Vaughan Keely: Spoke about the antique Model T which was metered for use as
a vehicle for hire 10 to 12 years ago.
Mary Maxwell: Had been asked to speak for several drivers regarding issues the
PV AC should address:
· The business and personal information on the daily trip sheets, handed
over to owners who have other cabs, being used by competitors
· The potential abuse and no means to protect confidentiality
· when rates are raised, owners get half, but drivers must pay all the gas.
· No protection for drivers' regular clients or representation for driver issues
· No caps on amounts of cabs
4
April 7, 2008
Ken Mastrodomenico, Taxi Time: Spoke about use ofthe three-wheel vehicle
as a charter not a taxi. He also spoke about the daily trip sheets on a master log
rather than a daily turn-in. Code interpretation was his concern as well as the
protection of confidentiality.
Fizz Papps: Requested the PV AC make a formal motion to end future discussion
of the status of independent operator versus employee issue regarding workmen
compensation, previously discussed in Old Business, item C.
Russ Berghuis moved to put to rest further discussion of the classification
issues regarding independent operator versus employee status. Second by Tom
Lugrin. Carried unanimously, 4-0.
William Venegas: Requested the PV AC consider a fare increase due to the
constant raise in gas prices. The twenty-five cent increase from last year does not
allow drivers to make a living at the rapid rate of gas increases.
Kenneth Warnitz and Deborah Lehman: Also requested PV AC to consider a
fare increase, citing fuel costs were 10%, now are doubled to 20%.
Chairman Marino noted the concerns and asked Staff to put the issue of fare
increases on the agenda for the next PV AC meeting. If a rate increase is
warranted, the issue will be recommended to be brought before the BCC at their
May meeting.
The next scheduled PVAC meeting date will be on Monday, May 5,2008 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 10:30 A.M.
Collier County Public Vehicle Advisory Committee
Chairman, Tony Marino
These minutes approved by the Board/Committee on
as presented or as amended
5