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PVAC Minutes 05/04/2009 R May 4, 2009 MINUTES OF THE MEETING OF COLLIER COUNTY PUBLIC VEHICILE ADVISORY COMMITTEE Naples, Florida, May 4, 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 PM 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 Reg Buxton Ron Doino Tony Marino Steven Quinn (excused) Tom Lugrin (absent) ALSO PRESENT: Jamie French, Operations Manager, CDES Ken Kovensky, Sf. Budget Analyst, CDES Steve Williams, Assistant County Attorney COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE AGENDA Date: May 4, 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. April 6, 2009 V. New Business A. New Applications 1. Limotions Inc 2. Sanibel Taxi 3. Bravo Taxi, Inc 4. Bumble Bee School Transportation 5. Collier Shuttle Services 6. Exodus Limousine and Transport, LLC 7. Jaquelin Diaz 8. Comfort Transportation, LLC B. Driver Id Appeal 1. Thomas J. Casey 2. Edouard Jeantoy VI. Old Business Staff Comments VII. Public Comment VIII. Next Meeting Date IX. Adjournment May 4, 2009 I. Call 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 Tony Marino moved to approve the Agenda. Second by Reg Buxton. Carried unanimously, 4-0. IV. Approval of Minutes - April 6, 2009 Tony Marino moved to approve the minutes of April 6, 2009, as presented. Second by Ron Doino. Carried unanimously, 4-0. V. New Business. A. New Applications: The following applications packages, reviewed by staff, were presented. 1. Limotions, Inc. - New CTO Lars Hackl is the applicant and was present Jamie French stated Staff was withholding recommendation for approval because the company is located out of Collier County and had no local mailing address and telephone number as required in the current Ordinance. Ken Kovensky read from the current Ordinance and Attorney Steve Williams explained the portion pertaining to the rule governing that requirement. (142-53 C) It was noted that: . A Collier County Occupational License could be obtained with a local mailing address, approved as consistent with the type of business operated there and an 800 telephone number, and re- apply. . The new Ordinance before the BCC will not include that requirement. The applicant subsequently stated he did have an 800 number and was asked to meet with staff following the meeting for further instruction. No action was taken by the PV AC. 2. Sanibel Taxi- New CTO Ron Taylor, General Manager of Roger Pritchard, LLC. (dba Sanibel Taxi) the Applicant, was present. Staff recommended withholding approval because the company is located out of Collier County and had no local mailing address and telephone number. Mr. Taylor stated the company has an 800 number and emphasized he went through all the application process requirements and 2 May 4, 2009 the address issue was never mentioned to him. He asked that approval be given on condition an approved address is provided. The PVAC members declined to make a motion until conditions were met or the Ordinance was passed precluding a need for a local site address. Mr. Taylor was asked to meet with staff following the meeting. No action was taken by the PV AC. 3. Bravo Taxi, Inc. - New CTO Jonas Brave is the Applicant and was present. Staff reported the Application Package was complete and recommended approval. Tony Marino moved to recommend approval. Second by Reg Buxton. Carried unanimously, 4-0. 4. Bumble Bee School Transportation - New CTO Jorge Ramos, Deluxe Transportation Services, dba Bumble Bee School Transportation, is the Applicant and was present. Staff recommended approval. Ron Doino moved to recommend approval. Second by Reg Buxton. Carried unanimously, 4-0. 5. Collier Shuttle Services - New CTO Jorge Luis Delgado and Maritza Delgado are the Applicants and were present. Staff recommended approval. Tony Marino moved to recommend approval. Second by Ron Doino. Carried unanimously, 4-0. 6. Exodus Limousine and Transport, LLC. - New CTO Michael T. Skrobeck is the Applicant and was present. Staff recommended approval. Several questions were asked. Tony Marino moved to recommend approval. Second by Reg Buxton. Carried unanimously, 4-0. 7. Jaquelin Diaz - New CTO Jaquelin Diaz is the Applicant and was present. Application had no vehicle, color scheme or insurance policy in the package. Applicant had brought the materials with them. Ken Kovensky reviewed the insurance and stated it met the standards. Tony Marino moved to recommend approval conditioned upon the color scheme, the vehicle and proper insurance meeting staff's final approval. Second by Reg Buxton. Carried unanimously, 4-0. Ms Diaz was asked to meet with staff after the meeting. 3 May 4, 2009 8. Comfort Transportation, LLC Walt Kapinos is the Applicant and was present. Staff reported insurance information was not included in the packet. Staff recommended approval only upon providing proper insurance. Applicant stated insurance was faxed on date application was presented. Tony Marino moved to recommend approval contingent upon applicant providing proper insurance approved by Staff. Second by Reg Buxton. Carried unanimously, 4-0. B. Driver ID Appeal 1. Thomas J. Casey Ken Kovensky provided the background information regarding the appeal for re-instatement after suspension of license prior to the 3-year rule under the present Ordinance. Chairman Russ Beghuis stated the options available to Mr. Casey were to: . Wait for the passage of the new Ordinance (expected to be within the next month) when the requirement changes from 3 years to one year. . Take his case before the Special Magistrate. Ken Kovensky will explain the Special Magistrate process to Mr. Casey following the meeting. 2 Edouard Jeantoy Ken Kovensky provided the background information leading up to the appeal regarding license suspension for non-payment of a fine (Current Ordinance disallows application for Driver ID within 3 years of suspension even if fine had since been paid.) Chairman Russ Berghuis explained the options available to Mr. Jeantoy were the same as Mr. Casey's; wait until the new Ordinance is passed or apply to the Special Magistrate. Ken Kovensky will explain the Special Magistrate process to Mr. Jeantoy following the meeting. VI. Old Business Staff Comments - None VII. Public Comments Steve Sparks, Checker & Metro Cab, spoke about problems with the Driver Permits. . Many drivers based in Lee County have no local (Collier) phone or address . Mix-ups in obtaining insurance come when changing companies and it not being reported to the State. Suspensions can occur. . Protection for current renewals because of interpretations of Ordinance. . Denial should be based on financial responsibility as it relates to their safe driving abilities; not on personal financial matters such as child support. 4 May 4, 2009 Ken Mastrodomenico, Taxi Time, spoke about: . Suspensions relating to personal financial responsibility having nothing to do with ability to drive a vehicle safely. . Personal vehicles used for business; insurance is provided by the cab company is not the driver's personal insurance; so they often are not notified regarding suspenSIOns. . Policy information is with the Policy holder not the driver when cab company owners insure the vehicles. Tony Marino suggested proof of insurance be given to drivers to take to the Motor Vehicle office and the company owners notified that they have done so. In a brief discussion about the new Ordinance, Jamie French spoke of the BCC's decision to make the Ordinance more protective of the Public than of the industry. He reinforced the fact that the industry owners and drivers need to be familiar with the particulars of the Ordinance which will be strictly enforced. An appeals process is in place through the Special Magistrate. Jamie French provided the list of all current CTO holders on record as requested by the PV AC members at the last meeting. He noted that Code Enforcement is tracking violators daily and if any are adjudicated guilty, their case will be reported back to PV AC. Attorney Steve Williams will provide an update on the Special Magistrate's ongoing cases currently being appealed. VIII. Next Meeting Date - June 1,2009 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:26 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