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PVAC Minutes 01/05/2009 R January 5, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Naples, Florida, January 5, 2009 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 and Environmental Services Building, 2800 N. Horseshoe Drive, Conference Room #6 I 0, Naples, Florida, with the following members present: CHAIRMAN: Russ Berghuis VICE CHAIRMAN: Steve Quinn (excused) Ron Doino Reg Buxton Tony Marino Tom Lugrin (alternate) STAFF PRESENT: Jamie French, Operations Manager, CDES Ken Kovensky, Sr. Budget Analyst, CDES Diane Flagg, Code Enforcement Director Marlene Serrano, Code Enforcement Supervisor Colleen Davidson, Code Enforcement David Scribner, Code Enforcement Investigations Mgr. Steve Williams, Assistant County Attorney COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE AGENDA Date: January 5th, 2009 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 III. Approval of Agenda IV. Approval of Minutes - 11-03-08 V. New Business A. New Applications 1. AAfordable Tours 2. Naples Premium Transport VI. Old Business Staff Comments VII. Public Comment VIII. Next Meeting Date- February 2nd, 2009 IX. Adjournment January 5, 2009 I. Call to Order Chairman Russ Berghuis called the meeting to order at 9:30 A.M. II. Attendance Jamie French called the roll. A quorum was established. III. Approval of Agenda Tom Lugrill moved to approve the Agellda, with the additioll of olle applicatioll for Florida Trallsportatioll Specialists, lllc. Secolld by Reg Buxtoll. Carried ullallimously 5-0. IV. Approval of Minutes: November 3, 2008 Tom Lugrill moved to approve the mill utes of November 3, 2008 as presellted. Secolld by ROil Doillo. Carried ullanimously, 5-0. V. New Business: The following application packages, which have been recommended for approval by Staff, were presented. A. New Application: I. A Affordable Tours, - Request is a reapplication for a new CTa. Paul E. Pollara, Jr., the applicant, stated the reason for the reapplication was a failure to file the license in the 30-day time limit, aftcr approval by PV AC. Everything else was in order. Tom Lugrill moved to recommelld approval of the CTO applicatioll. Secolld by TOllY Marillo. Carried ullallimously, 5-0. 2. Guiampu Corp., DBA Naples Premium Transport - Request is for a new CTa. Ricardo Arnpucro and Mariella Guiulfo are the applicants. Mr. Ampuero was present. He was informed that only two vehicles, driven by the owner, were permitted under a home based business. TOllY Marillo moved to recommelld approval of the CTO applicatioll. Secolld by Reg Buxtoll. Carried ullallimously, 5-0. 3. Florida Transportation Specialists, Inc- Request is for new CTa. Charles R. Baisley is the applicant and was present. Staff recommended approval contingent upon the reception of a recent favorabie background check. Reg Buxtoll moved to recommelld approval UpOIl receipt of a favorable backgroulld check. Secolld by ROil Doillo. Carried ullallimously, 5-0. 2 January 5, 2009 VI. Old Business Staff Comments Jamie French commented on the following: o The Ordinance Revision proposal went before the BCC on November 18, 2008. Thc BCC recommcnded re-writing, shortening and a removal of all protectionism before bringing it back for PV AC approval. This activity is in process with staff and the County Attorney's office. o Regarding the Complaint Report previously provided by Code Enforcement-- due to the division of the Code Enforcement into Regulatory and Enforcement sections, that report falls under Enforcement and not part of the Regulatory functions, under which the PV AC operates. o Regarding streamlining the content of the Ordinance being revised- guidance given staff was to keep it brief, support free market and support the industry. The BCe's intent is to keep the Public safe. o Objectives are to better define what a charter company is and what a taxi company IS. o Regarding specialty vehiclcs -. If a hired driver is used, that falls under the Ordinance and the company needs to be registered. o Regarding rate sctting - Lct effective market competition take care of rates. Attorney Steve Williams stated all provisions for Taxi, Charter and Specialty vehicles will be covered under the one Ordinance. Discussion followed: Chairman Berghuis, together with all Advisory Committee members, agreed to request copies of the Complaint Report from The Code Enforcement division. Staff agreed to work with Code Enforcement to provide the report to PV AC. Ken Kovensky, Senior Budget Analyst was introduced as Mr. French's "right hand man." One of his duties will be to head up the licensing of companies and drivers after the transition of functions from Code Enforcement is complete. This will be done after all renewals are completed (after Jan. 31,2009). Marlene Serrano, Operations Mgr. reported on the charter and taxi renewal status. She stated State Law, not the County, determines the vehicle classes by weight and occupancy. Vehicle for Hire Class 9 has now been divided into 9 and 36. Eight to Fourteen passengers are Class 36. VII. Public comment Ken Mastrodomenico noted the following: o Objected to specialty vehicles-- should not be there to compete with taxis. o Requested notification to industry of changes to renewal policies in order to facilitate the renewal process. o Stated that drivers use their own registrations which do not have a "Class" designation on it. 3 January 5, 2009 David Scribller responded the Ordinance which shows aU the types andforms needed to be part of the packet submitted. He cited the Ordinance numbers and Administrative Code for reference. Some changes in the CTO and renewal processes are anticipated once the Regulatory divisioll is filUy established. Diane Flagg requested clarification on the Complaint Report content requested by PV AC. Jamie French reiterated the Report was not a regulatory function and his staff would not guarantee providing its presentation as part of PV AC meeting materials. Members could request it directly from Code Enforcement. Should the Report be sent to Mr. French's office, he agreed to forward it to PVAC members. VIII. Next Scheduled Meeting Date - February 2, 2009 - 9:30 A.M. ***** There being no further business for the good ofthe County, the meeting was adjourned by the order of the Chair at 10:04 A.M. COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Chairman Russ Berghuis These minutes were approved by the Board/Committee on as presented , or as amended 4