PVAC Minutes 11/03/2008 R
November 3, 2008
MINUTES OF THE MEETING OF THE COLLIER COUNTY
PUBLIC VEHICLE ADVISORY COMMITTEE
Naples, Florida, November 3, 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 Services Building, 2800 N. Horseshoe
Drive, Conference Room #609, Naples, Florida, with the following members
present:
CHAIRMAN: Russ Berghuis
Reg Buxton
Ron Doino
Tom Lugrin
Tony Marino (excused)
Steven Quinn
ALSO PRESENT: Diane Flagg - Director, Code Enforcement
Marlene Serrano - Supervisor, Code Enforcement
Colleen Davidson - Code Enforcement
Michaelle Crowley - Investigator, Code Enforcement
Steve Williams - Assistant County Attorney
Jeff Wright - Assistant County Attorney
COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE
AGENDA
Date: November 3, 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.
I. Call Meeting to Order
II. Attendance
In. Approval of Agenda
IV. Approval of Minutes - 10-6-08
V. Complaint Report - Michaelle Crowley
VI. New Business
A. New Applications
1. AAfordable Tours
2. Airport to Airport Shuttle. LLC. D/B/A Alligator Alley Express
B. Reassignment of PV AC members
VII. Old Business
A. Ordinance Revisions
VIII. Public Comment
IX. Next Meeting Date- Dec.t, 2008
X. Adjournment
November 3, 2008
I. Call Meeting to Order
Chairman Russ Berghuis called the meeting to order at 9:32 A.M.
II. Attendance
Colleen Davidson called the roll and a quorum was established.
III. Approval of Agenda
Add: After item VIII. Public Comments - Discussion with Taxi Cab Drivers
Add: VI. C. Re-election of Vice-Chair
Tom Lugrin moved to approve the agenda with the two added items. Second by
Steven Quinn. Carried unanimously, 5-0.
IV. Approval of Minutes - October 6, 2008
Clarification and Re-wording: Item VIII. Speakers: fourth line to read:
Chairman Berghuis announced that PVAC will discuss issues with members of
Taxi Cab companies under Public Comment at the November 3'd meeting.
Tom Lugrin moved to approve the minutes of October 6, 2008, as amended.
Second by Steve Quinn. Carried unallimously, 5-0.
V. Complaint Report: (Handout)
Michaelle Crowley presented her report (covering the time period Oct. 6 thru
Oct. 31) as follows:
. Investigated 42 patrol cases and 15 complaints from industry or staff.
. Sanibel Taxi requested hearing before the Special Magistrate re:
contesting a citation, claiming exemption from ordinance for leased
vehicles.
. Investigating increases in individual pick-up complaints, split fares.
The Committee requested Michaelle to include in future reports the number of
paid and unpaid citations and fees. Michaelle will make computer adjustments to
show the current status with color coded notations.
VI. New Business:
Colleen Davidson presented the following application packages, which have been
recommended for approval by Staff.
A. New Application:
1. AAffordable Tours - Request is for new CTO.
Paul Pollara, Jr. is the applicant and was present. He has a commercial
address and two 13-passenger vans. All criteria had been met.
Tom Lugrill moved to recommend approval. Second by Steve Quillll.
Carried, 4 voted Yes, 1 abstellsion. (Ron Doillo abstailled due to a
cOllflict of interest.)
2. Airport to Airport Shuttle, LLC. D/B/A Alligator Alley Express -
Request is for new CTO.
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November 3, 2008
Michael Benson is the applicant and was present. He is the new owner.
He stated there will be no other changes to the 3 yr. old business.
Reg Buxton moved to recommend approval. Secolld by Steve Quilln.
Carried unanimously, 5-0.
B. Reassignment of PV AC members
Because of the requirement that at least two members must be from the industry,
it was suggested that Tom Lugrin take the alternate position and Steve Quinn
assume the full-time membership position.
Chairman Berghuis moved to recommend approval of Tom Lugrin as a/temate
alld Steve Quinn as full-time member. Second by Reg Buxton. Carried
unallimously 5-0.
C. Election of Vice-Chairman
Chairman Berghuis nominated Steve Quinn for Vice Chairman. Second by
Tom Lugrill. There were no further nominations. Nominations were closed.
Steve Quinn was elected Vice-Chairman.
VII. Old Business:
A. Ordinance Revisions
Attorney Jeff Wright distributed and explained the draft of the proposed
ordinance revision and its approved changes/additions.
A lengthy discussion was held regarding:
. PV AC's request for a concise and streamlined ordinance
. Specialty vehicle language, inspection function
. Re-assigned functions within the dept.
. Revision process for items approved and those not yet approved.
. Industry input requesting action before the high season
Diane Flagg explained the drafted ordinance to go before the BCC on November
18 was based on the requests for approval voted on by the PV AC in June and
approved by the BCC at that time.
Request for changes after the BCC approval (revamping, reducing redundancies
and clarification oflanguage), would be presented in an Executive Summary. If
accepted by the BCC, revisions would be reviewed by PV AC.
Attorney Jeff Wright, while recognizing the anxiousness to move forward, cited
the need for the BCC to have sufficient time and a thorough understanding of the
specialty vehicle concept and issues to allow them to make informed decisions.
The transition of processes within the operations and administrative functions
also would come into play in their deliberations.
Chairman Berghuis moved to recommend bringing the drafted ordinance to the
BCC on November 18"'; and, to request approval for revisillg the whole
ordinance. Second by Steve Quinn. Carried 5-0.
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November 3, 2008
Diane Flagg respollded that Bee approval for a study would be needed
He also spoke about and suggested:
. The outdated ordinance regarding limited entry (too many cab companies
for the demonstrated need) especially in the downtown area
. Require a proven need and demonstrate a business plan before approval.
. Acceptable levels of expansion to provide a service,
. Shaping the industry for the future; full service companies are adversely
affected by the number of one-cab companies.
. Approvals too freely given in spite of lack of qualifications
. Full service cab companies at a disadvantage in having to serve the entire
community, unlike charters and some one-cab owners.
Steve Sparks (Checker Cab) commented that:
. The taxi cab industry be allowed to serve the public in a fair and
professional manner.
. Many drivers go off on their own (even) after questionable practices were
the cause ofleaving their employer. What was the PV AC's oversight?
. The PV AC needs to help the taxi-cab companies as well as the charters.
Jean Louis Pierre defended the rights of citizens to start their own businesses
and the right to open competition.
Chairman Berghuis requested this issue be added for discussion at next month's
agenda. He asked staff to provide a list of all single charter cab companies.
IX. Next Scheduled Meeting Date is December I, 2008 - 9:30 A.M.
*****
There being no further business for the good of the County, the meeting was
adjourned by order of the chair at 10:45 A.M.
COLLIER COUNTY PUBLIC VEHICLE
ADVISORY COMMITTEE
Vice Chairman, Reg Buxton
These minutes were approved by the Board/Committee on
presented , or as amended
as
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November 3,2008
Discussion of streamlining specialty vehicle portion of ordinance followed:
. Regulating number of vehicles, section (c)
. Rates - treated like charter, let market prevail, section (h).
. Have specialty vehicles put in taxi as well as charter categories.
Other topics addressed were:
. Tour company permitting
. Providing specificity in and interpreting and enforcing of the ordinance
. PV AC's powers and Staffs responsibilities regarding recommendations.
Several of the scheduled speakers were afforded their input in these discussions.
Attorney Steve Williams noted that no revisions could be made until the BCC
approves the drafted ordinance and consents to future changes.
Should the BCC approve, completion of the process was not expected for several
months. An extensive revision will include all discussed changes.
Jamie French, Operations Manager at CDES, whose department is slated to take
the responsibility of the Operations processes affecting Public Vehicles,
introduced himself to the PV AC and assured them the ordinance put before them
and the BCC will be thoroughly reviewed and accurate before being presented.
Reg Buxton left at 10:24 A.M.
Jeff Wright reviewed the recommended changes to the specialty vehicle section:
. Remove # of vehicles permitted
. Specialty vchicles to include taxi or charter in the same category
. Specific definitions of what constitutes a specialty vehicle.
. Provision for meeting vehicle standards
Tom Lugrin moved to recommend moving forward, with the recommended
changes to the specialty vehicle sectioll; to present the drafted ordinance to
the BCC on November 18, 2008 alollg with the Executive Summary requesting
further revisiolls to the Vehicle for Hire Ordillance. Second by Steve Quinll.
Carried ullallimously, 4-0.
VIII. Public Comment:
Fizz Papps (Dolphin Transportation) spoke on:
. Specialty Vehicles - suggestions that will hold forth in the future.
. Defining tour companies as vehicles for hire
. Including Specialty Vehicles in both taxi and charter categories
Randy Smith (Naples Transportation) asked for:
. Clarification on tour companies permitting process as vchicles for hire
. Code Enforcement follow-up in citing tour companies
. Ordinance clarification regarding this issue
Ken Mastrodomenico (Taxi Time) asked about the rate study increase requested
at the last meeting.
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