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PVAC Minutes 07/14/2008 R July 14, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Naples, Florida, July 14,2008 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 Community Development Services Division Conference room #609,2800 N. Horseshoe Drive, Naples, Florida with the following members present: CHAIRMAN: Tony Marino Russ Berghuis (absent) Reg Buxton (absent) Tom Lugrin Randall Smith Steven Quinn - alternate ALSO PRESENT: Diane Flagg, Director, Code Enforcement Michaelle Crowley, Investigator, Code Enforcement Kitchell Snow, Investigator, Code Enforcement Marlene Serrano, OPS Manager, Code Enforcement Jen Waldron, Code Enforcement Supervisor Evelyn Trimino, Code Enforcement Supervisor Colleen Davidson, Code Enforcement, Admin. Secretary JeffE. Wright, Assistant County Attorney COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE AGENDA Date: July 14, 2008 at 9:30 A.M. Location: Collier County Community Development Services Building, 2800 N. Horseshoe Dr, Naples, FL, Conference Room # 609 I 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: June 2, 2008 4. COMPLAINT REPORT -- Michaelle Crowley 5. NEW BUSINESS A. New Applications 1. Carey Limousine - New CTO 2. EZ Journey - New CTO 3. Taxi Man- New CTO 4. American Comfort- Additional Owner B. PVAC Vacancies 6. OLD BUSINESS A. Taxi Cab Rates 7. SPEAKERS 8. NEXT MEETING DATE: August 4, 2008 9. ADJOURN July 14, 2008 1. Call to Order: Chairman Tony Marino called the meeting to order at 9:34 A.M. A. Roll Call Colleen Davidson called the roll and a quorum was determined. 2. Approval of Agenda Tom Lugrin moved to approve the July 14, 2008 Agenda. Second by Steven Quinn. Carried unanimously, 4-0. 3. Approval of Minutes of June 2, 2008 Tom Lugrin moved to approve the minutes of June 2, 2008 as presented. Second by Steven Quinn. Carried unanimously, 4-0. 4. Complaint Report - Michaelle Crowley Michaelle Crowley provided the members with a copy of a Complaint Report. She pointed out the following activities: . Maximum Ventures has paid 2 outstanding citations in the amount of $1500. . Clean Ride Limousine received 6 citations as a result of service provided during the prom season have not paid in the amount of$4500. The period for Clean Ride to contest the citations has expired. . Above Comfort Non-Emergency is out of business. The customer base and fleet and have been acquired by First Choice. . The number of complaint cases totaled 128 with 115 patrol and 13 complaints in the industry. Michaelle Crowley reported she continues to receive complaints on a Bonita Springs automobile operating illegally in Collier County without a Certificate. Discussions ensued on what procedures are used to collect over-due citation fees; the internal collection process, collection agency, Code Enforcement Board, Notice of Violation and taking to Special Magistrate, imposing fines and penalties to reflect seriousness of issue. Michaelle Crowley noted she has tried to contact Mr. Calvert to apply for aCTO without any success. Mr. Calvert considers himself exempt because he considers his vehicles are buses under the State of Florida. She pointed out they are not buses and the last conversation with him was regarding a stretch Escalade and Hummer. Marlene Serrano volunteered to contact Mr. Calvert to accumulate further information and ask what his intentions are. A Notice of Violation will then be issued for a Special Magistrate Hearing unless there is abatement. 2 July 14, 2008 Jeff Wright responded Marlene's way would be the most direct. Once the case goes to court, a daily fine can be imposed and when the daily fines start to accrue the violator will know it is not a game but serious business. 5. New Business: A. New Applications: 1. Carey Limousine - Request is for a New CTO Jeff Wright noted there was a lack of voting quorum due to conflict of interest on March 5, 2008. He contacted the State Commission on Ethics and reviewed the facts on each one of the three conflicts. It was concluded that none of the situations rise to the level of a conflict of interest under the statutes. The three Committee members that previously did not vote due to conflict of interest can now vote and under law are req uired to vote. Staff recommended approval of the application. Citations have been paid. Tony Marino moved to recommend approval of the application. Second by Tom Lugrin. Carried unanimously, 4-0. 2. EZ Journey - Request is for a New CTO Frankie Bernard was the applicant and was present. Staffrecommended approval of the application and noted he has an Occupational License pending. Tom Lugrin moved to recommend approval of the application. Second by Randy Smith. Carried unanimously, 4-0. 3. Taxi Man - Request is for a New CTO Karina Delgado was the applicant and was present. Staffrecommended approval of the application noting the license has been received and the insurance is pending. Ms. Delgado was briefly questioned on the location, number of cars and description of vehicles. Randy Smith moved to recommend approval of the application. Second by Steven Quinn. Carried unanimously, 4-0. 4. American Comfort - Request is for an Additional Owner Ron Ziemba, company representative was present. Staff recommended approval on the additional owner stating the application was in order. Tom Lugrin moved to recommend approval of the application upon receipt of the Certificate of Insurance. Second by Steven Quinn. Carried unanimously, 4-0. 3 July 14, 2008 B. PVAC Vacancies Evelyn Trimino stated there are 3 vacant positions on the Advisory Committee and as applications are received, they will be forwarded to the Board of County Commissioners. The deadline to submit an application was July 7, 2008 and 45 additional days to respond and to make comments. 6. Old Business A. Taxi Cab Rates Jeff Wright stated a request for the County Manager to commence a review on taxi rates was brought to the Board of County Commissioners. Under the ordinance, it states upon request of the Board of County Commissioners the County Manager may investigate and prepare a report concerning the then existing rates and charges including regulations. The report shall consider financial operating reports submitted by operators to determine ratios, revenues, expenses and potential impact. Jeff Wright stated the County Manager was aware of this request. He did not know what form the County Manager's review would take. The County Manager or the assigned designee will need to review the taxi rates and provide a summary of proposed change recommendation for the Advisory Committee's approval. Diane Flagg introduced herself as the new Director of Code Enforcement Department and will be working with Jeff on this issue. Tony Marino was concerned this matter has been going on for 3 months. Due to the urgency of the matter asked ifthere was anything that could be done in the interim. Jeff Wright responded it was possible and the Board of County Commissioners must be kept in the loop. The deadline to get an item on the July 22nd meeting has past. The Board can make a decision for the public's interest. Diane Flagg announced she has a meeting scheduled with the County Manager on the taxi rate problem. Jeff Wright noted there are two options to address the issue; one was to go through the normal timely process of revising an Ordinance and the other option would be to have someone go to the podium at the next Commissioner Board meeting and bring the issue in front of the Commissioners on July 22,2008. Diane Flagg stated it should be the Chairman of the Advisory Board that would make that recommendation. Ifhe cannot attend that meeting, he can appoint a representative of the Committee. She will check the process to see if July 22nd would be an option. If the issue is not put on the agenda formally it would then be heard under Public Petitions. Public Petitions are generally heard in the beginning of the meeting. Randy Smith asked if the Board of County Commissioners would make the decision or adopt a rate recommendation at that time. 4 July 14, 2008 Jeff Wright responded the Board would have the discretion to adopt an increase. The best approach would be to recognize that the County Manager is doing a study on the issue and it will take time. The taxi industry is in need of immediate assistance. He recommended the appointee request a rate increase that would be fair and have the back up needed to present this case at the podium. Tony Marino appointed Randy Smith to represent the Advisory Committee in petitioning for immediate relief on taxi rates. 7. Speakers Fizz Pappa - Dolphin, asked the status of the Specialty Vehicle Ordinance. Jeff Wright responded the Specialty Vehicle Ordinance was brought before the Board of County Commissioners and was approved. The staff was directed to begin drafting a Specialty Vehicle Ordinance. The draft Ordinance will be ready for review at the next meeting. Fizz Pappa asked about raising the taxi rates. Tony Marino responded the issue had been discussed and the Committee would request it be addressed in the revised Ordinance so there would not be a need to go back to the BCC for future raises. Diane Flagg asked if the Schedule of Rates was in the Ordinance and if the amount was specifically defined. Jeff Wright responded yes to both questions. Diane Flagg noted on July 22nd, the Board would not be able to revise the Ordinance because procedures call for it to be advertised. But the Board could provide some interim relief on the taxi rates. Jeff Wright stated the rates are based on the year 2005. Ken Mastrodomenico - Taxi Time, suggested, due to timing, on receiving some emergency relief on the fuel crisis facing taxi industry, raising the initial drop charge to the price of a gallon of gas and clarifying the rate increase in the ordinance. Randy Smith stated he will be asking for immediate emergency relief at the Board meeting. This would only be temporary until the new Ordinance is adopted. Randy Smith pointed out that prior to Michelle Arnold leaving, a committee was formed to review that some Everglades' companies are operating in Collier County but not operating as a CTO. The tour companies are not being regulated but should be. Discussions ensued on the difference between "Vehicles for Hire" and "Fixed" pick up locations if they conform to their regulations. One destination does not make it a vehicle for hire. This has not been clearly defined. 5 July 14, 2008 Diane Flagg asked if the Committee wants the tour companies included in the Ordinance, they could recommend a revision to the current Ordinance go to the Board of County Commissioners to encompass all vehicles charging a fee to transport someone. The definition of a" Vehicle for Hire" reads "any motorized self propelled vehicle engaged in the transportation of persons upon the streets of Collier County with the intent to receive compensation for providing such transportation shall included but not be limited to a classified taxi cab and non-emergency vehicles". Jeff Wright suggested the Committee make a clear and concise solution to the Ordinance as to make sure the Board understands the recommendation. Randy Smith moved to have staff submit to the Board of County Commissioners a change in the Ordinance to include all companies that pick up passengers in Collier County, where money is exchanged, to include tour companies. Second by Tom Lugrin. Carried unanimously 4-0. Diane Flagg noted, on September 9,2008, an Executive Summary will be presented to the Board of County Commissioners advising them the Committee is recommending a revision of the Ordinance. The Board of County Commissioners will then give direction to the Committee. 8. Next Meeting Date will be August 4, 2008 Randall Smith will not be available for the August meeting. Tony Marino will not be available for the August and September 8th meetings. ***** There being no further business for the good of the County, the meeting was adjourned by order ofthe chair at 10:20 A.M. COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Chairman, Tony Marino These minutes approved by the Board/Committee on as presented or as amended 6