PVAC Minutes 03/02/2009 R
March 2, 2009
MINUTES OF THE MEETING OF THE COLLIER COUNTY
PUBLIC VEHICLE ADVISORY COMMITTEE
Naples, Florida, March 2, 2009
LET IT BE REMEMBERED, that the Collier County Public Vehic1e
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 #610, Naples, Florida, with the
following members present:
CHAIRMAN: Russ Berghuis
VICE CHAIRMAN: Steven Quinn
Reg Buxton
Ron Doino
Tom Lugrin (excused)
Tony Marino
ALSO PRESENT: Jamie French, Operations Manager, CDES
Ken Kovensky, Sr. Budget Analyst, CDES
Steve Williams - Assistant County Attorney
COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE
AGENDA
Date: March 2nd, 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
A. February 2, 2009
V. New Business
A. New Applications
1. REA.L Transportation
2. Taxi Hispano
B. Driver Id Appeal
1. Ann Marie Irick
VI. Old Business
Staff Comments
VII. Public Comment
VIII. Next Meeting Date
IX. Adjournment
March 2, 2009
I. Call to Order
Chairman Russ Berghuis called the meeting to order 9:32 A.M.
Questions arose on having a Code Enforcement staff person in attendance to
apprise the PV AC on complaints filed and status of fines, fees, etc. regarding both
owners and drivers. The PV AC Members find the information useful in
considering CTO Applicant approvals and Ordinance revisions.
Mr. French responded that budgetary constraints do not provide the means to
have afull time Code Enforcement person representative attend the PVAC
meetings. He offered to invite Joe Schmitt, CDES Director, to the next meeting to
brief the Advisory Board.
Tony Marino suggested PV AC be provided with a copy ofthe complaints that
were called in and how they were handled.
Mr. French responded the regulatory division does no input to the complaint
report, has no authority to act upon it and could not consider it in the CTa
Application process unless there's an admission of guilt on the application or a
guilty verdict declared by the Code Enforcement Board or the Special Magistrate.
A list of guilty verdicts will be provided to the P VA C. Notices of two recently filed
complaints were distributed.
II. Attendance
Roll call was taken by Jamie French and a quorum established.
III. Approval of Agenda
Tony Marino moved to approve the Agenda. Second by Reg Buxton.
Carried unanimously, 5-0.
IV. Approval of Minutes: February 2, 2009
Tony Marino moved to approve the minutes of February 2,2009 as presented.
Second by Steven Quinn. Carried unanimously, 5-0.
V. New Business
The following application packages, recommended for approval by staff, were
presented.
A. New Applications
1. R.E.A.L. Transportation - Request is for new CTO
Steven Wenner - Applicant was present.
Proper coverage and liability were noted as above requirements.
Tony Marino moved to recommend approval. Second by Reg Buxton.
Carried unanimously, 5-0.
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March 2, 2009
2. Taxi Hispano - Request is for new CTO
Maria Pimental-Santana - Applicant was present.
Insurance requirements were questioned.
Ken Kovensky cited the ruling for the minimum standard of
insurance according to the Ordinance. Discussion with the County
Attorney's office regarding particulars of required insurance amounts to
protect the County and the Public had occurred. Differences in
interpretation of State and County standards were noted.
At the request ofthe PV AC, State minimum standards for insurance will
be brought up for discussion on next month's agenda after further
research is done by Staff.
Tony Marino moved to recommend approval of the CTO application.
Second by Ron Doino.
Objection was noted regarding applicant's lack of experience and
having been cited for Operating without a Certificate and fined. That
information was not included in the package information. Staff will
research background information to confirm fine was paid.
Tony Marino moved to amend his motion to recommend approval
contingent upon confirmation that the fine was paid. Second by Ron
Doino. Carried unanimously, 5-0.
B. Driver ID Appeal
1. Ann Marie Irick - Applicant was present.
Staff recommended denial of the Driver ill based upon requirements
ofthe Ordinance; namely, for a suspension oflicense for failure to pay
the fine on time for a moving violation the Ordinance states the driver
cannot apply for Driver ID for 3 years from the time of the suspension.
Her driving record showed this was the only violation.
Ann Marie Irick explained the circumstances and discussion followed.
Attorney Steve Williams reviewed the Ordinance and when asked if
PV AC can overturn staffs recommendation, he responded they could,
ifby doing so they would not be violating the Ordinance.
Ken Kovensky commented on the Article in the Ordinance giving the
functions and powers to the PV AC, one of which is to "review and
approve applications for Certificate to Operate pursuant to the
Article. "
Tony Marino moved to recommended approval of the Driver ID for
Ann Marie Irick. Second by Ron Doino. Motion carried 3 'yes", 2
"no". (Reg Buxton and Steven Quinn voted against)
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March 2, 2009
Russ Berghuis moved to recommend approval of changing the
Ordinance to reflect a 1 year, instead of 3 year, period before coming
before PVAC after suspension. Second by Tony Marino.
Jamie French requested the motion be heldfor Staff Comments under the Old
Business agenda item, at which time the Ordinance change would be discussed.
VI. Old Business:
Staff Comments (handouts -2)
Copies of two separate drafts of the Ordinance changes were distributed.
Attorney Steve Williams explained one draft had drastic changes and the
other, less drastic changes. Both will be going to the BCC for their
consideration on March 10,2009. Under direction of the BCC the Ordinance
was to:
· Remove most industry protectionism and focus on protection to the
public
· Shorten it; reduce redundancies; have as few pages as necessary
. Use other County's examples.
PV AC Members were asked to review both versions and submit their
comments to Staff, who will pass on to the BCC what they want to see
contained in the Ordinance revision. Their attendance at the BCC meeting on
March 10th was encouraged where they may speak to. the BCC. Further
changes may be revisited at the next meeting.
Russ Berghuis moved to withdraw his motion to recommend approval of
changing the Ordinance to reflect a 1 year, instead of 3 year period before
coming before the PVAC after suspension. Second by Tony Marino.
Carried unanimously, 5-0.
VII. Public Comments:
Chairman Berghuis requested the Advisory Board be apprised of complaint
cases filed by Code Enforcement, either in a report or through a representative of
that Department at PV AC meetings.
Jamie French agreed to provide a list showing only those with adjudications of
guilt; not of all cases filed.
He also noted:
· Licensing and the Application and Processing functions will be handled by the
Regulatory Department rather than the Code Enforcement Department in the
future
· The hours of operation
· How the given resources available will be distributed.
Ken Mastrodomenico noted the Lee County Ordinance does not regulate taxis; a
point to consider ifusing their Ordinance as a guide.
Attorney Steve Williams stated taxis are covered in the definitions of Collier
County's proposed changes.
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March 2, 2009
VIII. Next Scheduled Meeting Date is April 6, 2009 - 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 10:18 A.M.
COLLIER COUNTY PUBLIC VEHICLE
ADVISORY COMMITTEE
Chairman Russ Berghuis
These minutes were approved by the Board/Committee on
presented , or as amended
as
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