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PVAC Minutes 04/06/2009 R April 6, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Naples, Florida, April 6, 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 in Room #610 at the Collier County Development and Environmental Services Building, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Russ Berghuis VICE CHAIRMAN: Steven Quinn Ron Doino Reg Buxton (excused) Tony Marino Tom Lugrin, Alternate 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: April 6, 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. March 2,2009 V. New Business A. New Applications 1. Ocean Line Transportation Inc. 2. E & M School Transportation B. Color Scheme Change 1. Naples Transportation & Tours LLC. C. Driver Id Appeal 1. Leonardo Villada Galeano 2. Thomas J. Casey VI. Old Business Staff Comments VII. Public Comment VIII. Next Meeting Date IX. Adjournment April 6, 2009 I. Call Meeting to Order Chairman Russ Berghuis called the meeting to order at 9:30 A.M. II. Attendance: Ken Kovensky called the roll and a quorum was established. III. Approval of Agenda: Chairman Russ Berghuis requested the proposed Ordinance changes be added to the agenda under Old Business Jamie French responded that the BCC had already approved the shorter version of the Ordinance Draft with some additions unanimously approved by the BCe. Chairman Berghuis requested to add a discussion of this matter to the agenda under Old Business. Tony Marino moved to approve the agenda with the addition of "Discussion of the Revised Ordinance" under Old Business. Second by Steven Quinn. Carried unanimously, 4-0. IV. Approval of Minutes: March 2, 2009 Tony Marino moved to approve the minutes of March 2, 2009 as presented. Second by Ron Doino. Carried unanimously, 4-0. V. New Business: A. New Applications; The following Application Packages, which had been recommended by Staff for approval, were presented. 1. Ocean Line Transportation, Inc. - Request for new CTO Anthony Caito is the applicant and was present. Applicant will obtain a vehicle pending approval ofCTO. Vehicle is to meet staff s approval. Steve Quinn moved to recommend approval, conditioned upon staff's approval of the vehicle obtained. Second by Tony Marino. Carried unanimously, 4-0. 2. E & M School Transportation - Request for new CTO Ernesto Castillo is the applicant. Marilyn Vila-Castillo, Partner and Manager was present. Discussion followed regarding correcting the "Use" as taxis for the vehicles (three mini vans) listed on the application. Also, only two vehicles may be registered as home-based business. It was stated commercial space is being rented pending approval. 2 April 6, 2009 Tony Marino moved to approve the application conditioned upon proof that properly zoned and approved commercial office site has been obtained and correcting the Application to remove the word "taxi" under the "Use" column. Second by Steve Quinn. Carried unanimously, 4-0. B. Color Scheme Change Naples Transportation & Tours, LLC - Request for use of Alligator Express Logo on vehicles leased by Naples Transportation & Tours, LLC. Bob Dissler is the Applicant and was present. He explained the three leased vehicles in question would retain the alligator symbol, but remove the words "Alligator Alley Express" and its phone number. Staffrecommended Naples Transportation and Tours, LLC be added to the vehicles. Tony Marino moved to recommend approval conditioned upon adding Naples Transportation & Tours, LLC to the leased vehicles. Second by Steve Quinn. Carried unanimously, 4-0. C. Driver ID Appeal 1. Leonardo Villada Galeano is the appellant. He explained the conditions relevant to his license suspension. Under the current Ordinance the waiting period to apply for re- instatement is thce years. Under the proposed Ordinance, it is one year. After discussion, Mr. Galeano agreed to postpone his appeal process until the new Ordinance is in effect, at which time his one-year period would be in compliance and he could apply through regular channels. Ron Doino moved to continue the application for re-instatement of Mr. Galeano's Driver ID until the new Ordinance passes, at which time he would be in compliance without going through the appeal process. Second by Steve Quinn. Carried 4-0. (Tony Marino recused himselffrom the vote as Mr. Galeano is an employee. Tom Lugrin, alternate voted in his stead) 2. Thomas J. Casey Mr. Casey was not present. No action was taken as his situation was the same as Mr. Galeano and he can apply under the New Ordinance. VI. Old Business: New Ordinance: Jamie French explained the process the BCC went through in adopting the new Ordinance from the two drafts presented to them. Under their direction, Staff informed the PV AC that the BCC had determined that no current 3 April 6, 2009 license holder (owner or operator), nor member of their families, can sit on the Board to avoid a conflict of interest, since the Board has the power to hear appeals that may be denied. Technical members may be allowed. Upon passage of the new Ordinance PV AC will sunset and a new Consumer Advisory Board (CAB) will replace it. Application to the Board will be advertised. Tony Marino stated "for the record", during his tenure on the Board, the interest of the Public was the primary consideration in any action taken, with no favoritism. He commented that those in the business know best what is going on in the industry and who is in violation and was not in favor of excluding those in thc business from the Board. Members of the PV AC agreed that at least one member should represent the industry. Other member comments offered regarding the valuable function of having industry members on the Board were in reference to the application itself, which doesn't reflect the actions and charactcr of the applicant that are known to those in the industry. Russ Berghuis questioned the change from a two year to a one year for the Driver ID which had been previously voted in. Jamie French responded that the BCC changed it back to one year in the new Ordinance. Steve Williams stated the PV AC will cease to exist after the Ordinance passes. In its place will be a new Board, the Consumer Advisory Board (CAB). Jamie French stated the Administrative Policy Manual was not yet finalized and there may be one more PV AC meeting in May. He noted that anyone interested in the Ordinance can voice their opinion at the BCC meeting which will be advertised 10 days prior. He suggested they view the meeting on the web site in which the BCC made their decisions on the Ordinance. VII. Public Comments: Steve Sparks, Checker Cab, asked about the Administrative Policy Manual concerning who directs its content, who makes changes and additions etc. He asked that changes in procedure, policy and fees to be communicated to industry members and not just advertised in the newspaper when meetings are being held. Jamie French explained and went into detail on the procedure for creating the Manual by resolution as well as making any changes. Legally, notifYing the public is by public advertisement. Once passed, the Ordinance will be available on line at the County's website. Ken Mastrodomenico, Taxi Time, commented thaI: . New applications should be put in the newspaper so industry members could provide input, since there would be no entity to cxpress public opinion. 4 April 6, 2009 . He was not in favor of excluding industry members from the Consumer Advisory Board. . In the appeals process of re-instating Driver ID after suspension, non payment of a fine should not be considered. Only infractions which reflect on the driver's ability should be considered. . Legal maximum rates . Selection process of CAB . Enforcement of regulations Discussion followed on the purpose and duties of the CAB, since staff will handle all approvals ofCTO's and other aspects ofPV AC. Tony Marino requested a list of current CTO licensees. Staff will check software. The next scheduled PVAC meeting date will be on Monday, May 4, 2009 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 10:27 A.M. Collier County Public Vehicle Advisory Committee Chairman, Russ Berghuis These minutes approved by the Board/Committee on as amended , as presented or 5