THE CITY OF FREDERICK
City Hall - 101 N. Court Street
Minutes
TAXICAB COMMISSION MEETING
12:00 Noon
Monday, February 23rd , 2004 – City Hall Boardroom
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Present:
Alderman
David Lenhart; Alderman Bill Hall; Alderman Donna Kuzemchak Ramsburg; Jerry
Wood; Richard Winters; Kenneth Shapiro; Lt. Thomas Chase; Lynn Stimmel; Police
Chief Dine; Tara Buck; Eileen Farrar
Item
1: Approval of the minutes
The
Minutes from the meeting of February 2nd, 2004 were approved as
written.
Alderman
Lenhart passed out document listing company performance measurements. Alderman Lenhart stated that these measures
were standards that were suggested to him by citizens of the community. The
most requested standards were to be told when they could be picked up and to be
picked up within a 30 minute time frame.
Other standards were that drivers were to be professionally dressed,
clean and orderly as well as smoke free and clean vehicles. The discussion was then opened up to the
issue of complaints and how they would be handled with regard to the driver or
the company. Mr. Shapiro explained how
hearings might be requested to hear complaints and how sustained complaints
would be handled. Statements were made
as to the difference kinds of complaints and the number of complaints that
would determine whether to revoke or suspend licenses. Mr. Shapiro stated that
it should be more clearly defined in the ordinance. Alderman Ramsburg stated that this information should be clearly
posted in the cab and Mr. Shapiro stated that this requirement would be written
into the ordinance. Alderman Ramsburg
asked about the requirement that drivers know the area. Lt. Chase stated that all of the cabs are
connected with radio communication. Mr.
Wood stated that the drivers pick up a map and if a location is questioned the
drivers call dispatch. Alderman Lenhart stated that the MD Taxi Host program
would help this problem due to a test of the area that would have to be
passed. Alderman Lenhart stated that
maps should be a requirement for every cab. Chief Dine entered the meeting at
this time. Ms. Stimmel asked about
procedures if a citizen makes a complaint. Mr. Shapiro stated that procedures
should be crafted into the ordinance so that a hearing process is laid down.
Mr. Shapiro stated that complaints should come to the commission and the
commission agreed. Lt. Chase stated
that in the past the vast majority of the complaints have been management
issues and that complaints have been handled at that level. Alderman Ramsburg
felt that complaints that have been brought to the company and not been handled
by the company should then be brought to the commission. Mr. Shapiro stated that a citizen has the
right to go straight to the city and that is why the driver or company has the
right to oppose that complaint and have a hearing.
A
lengthy discussion continued as to the taxicab company’s right to determine
what areas the drivers go for pickups and if danger was an issue. Mr. Shapiro
stated that citizens complaints could be brought to the commission if the
taxicab company has not followed performance procedures. Alderman Ramsburg wanted to be sure that
discrimination for pickups would not be an issue and Mr. Shapiro stated if
there was a valid reason or justification for denying a pickup and there was
still a complaint the commission would hear that complaint but the taxicab
company could not automatically not respond to specific addresses no matter
what. Mr. Shapiro stated that he would
incorporate the Taxicab Operator and Company Performance Measurements document
that was proposed by Alderman Lenhart into the ordinance.
Mr.
Winters stated that all complaints should be in writing. Alderman Lenhart
stated that all complaints would be brought to the commission in writing and
then given to the company for their response.
Mr. Winters suggested that the city website have complaint forms
available to citizens for the cabs to have forms. Mr. Winters would like to
have guidelines that would be issued to the drivers. Chief Dine stated that the company should provide that.
Discussion
continued regarding the number of complaints and how the maximum number of
complaints (5) in one year could affect a business due to the number of permits
that could be revoked. Mr. Shapiro stated that the commission can have
discussions regarding this issue when the complaints come to them.
Alderman
Ramsburg asked Mr. Shapiro to make the (30) minute time limit for pickups to
specify within the city limits.
Item
3: Continuation of discussion of taxicab
permit release process
Alderman
Lenhart began a discussion of a document that was distributed regarding a
process schedule for taxicab permits.
Alderman Lenhart stated that the six week process schedule begins with
the date of initiation with the passage of the ordinance by the Mayor and Board
of Alderman followed by the payment of fees by existing permit holders and
waiting list names and at 6 weeks from the date of initiation a lottery would
take place for any remaining permits that number 55 or less. Discussion
continued and it was determined that no individual names would be listed for
consideration from the waiting list and that the number of permits from the
waiting list would still be 32.
Alderman Lenhart stated that the commission would make 32 permits
available based on the waiting list will be made available and any one who is
on the waiting list or can demonstrate that they were taken off the list would
have an option to acquire any of those 32 permits. Alderman Lenhart thought the cut off date should be the date of
initiation and we will not increase number of permits if there happens to be a
number of individuals that come forward.
Should anyone else come forward they have to be on record with this
commission or the Mayor and Board of Alderman by the date of initiation. Alderman Lenhart stated that by the end of
the fourth week any of the waiting list names would make a payment of $1,000.00
for each permit purchased. By the end
of the sixth week, any permits that is below the 55 number would go to a
lottery. If for some reason out of the
waiting list, 14 of the 32 permits available are not purchased and that drops
the number below the 55 number, whatever that number is would go into a lottery
and those would be sold for $2,500. each. Alderman Lenhart explained the second
guideline of the process, which stated that a taxicab permit has 30 days from
the date of receipt to place a vehicle in service and failure to do so would
automatically enforce a $50.00 per day for the first 14 days and $100.00 per
day thereafter. Alderman Lenhart stated
that the fine would begin on day 31. By
the 61st day the permit is forfeited and shall be returned to the
City. Alderman Lenhart stated that he
added to the process the creation of Taxicab Commission account created by the
Finance Department of the city for the disbursement of funds generated by fees
for things such as support staff or drunk driving programs.
Alderman
Lenhart began the discussion on the section regarding transferring of permits
and stated that the commission must approve the transfer of any permits.
Chief
Dine began a discussion regarding the $500.00 fee for transfers and how a new
permit could be purchased via a transfer for a lot less than the $2,500 for a
new permit. Chief Dine asked if the
sales transaction of a transfer could possibly be changed to 10% rather than 5%
in the interest of the City. Chief Dine
stated that eventually all permits will be worth at least $2,500 and thought
the city should at least get $2,500 back.
Alderman Ramsburg and Alderman Hall agreed that 10% of the sale was
should be written into the ordinance.
Item
4: Discussion regarding 30 day requirement
for new permits and the additional language to the taxicab ordinance
Mr.
Shapiro explained the section in the ordinance regarding non-operating permits
and the reasons why it is needed. Mr.
Shapiro would like to incorporate this section with Alderman Lenhart’s
provision that speaks about the 61st day and the fines to make it
consistent. Alderman Ramsburg asked how
long the owner would have if a permit is off the road for 30 days and the owner
wants to sell rather than be fined.
Chief Dine suggested that a notice be made to the commission that a sale
is in process. Chief Dine stated the commission should be told within a certain
amount of days of the plans for sale and the sale should be complete within a
certain amount of time. Mr. Shapiro stated that notice of sale to the
commission shall state reissue to the permit will be written into this section.
After discussion it was determined that the sale of permit shall conclude
within 60 days.
Mr.
Shapiro stated that he would like to come back to one more meeting with a final
document that will go to the Mayor and Board of Alderman for approval.
The
next meeting will be held on Monday, March 8th, 2004 at 12:00 noon in room 214 at City hall.
Minutes
submitted by Eileen Farrar