CITY OF
City Hall - 101 N. Court Street
TAXICAB COMMISSION
SPECIAL MEETING
Minutes
2:30 p.m.
Monday, February 7th, 2005, – City Hall, Room 214
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Present: Alderman Dave Lenhart, Alderman Bill Hall, Alderman Donna Kuzemchak Ramsburg, Kenny Shapiro, Lt. Tom Chase, William Bowie, Eileen Farrar
Item 1:
Discussion and consideration of a request by Mr. William Bowie of
Lt. Chase explained to the committee what section 23-9 of the city code entitled non- operating permits addresses and procedures that are set forth in this section. This meeting was requested as a result of notices that Mr. Bowie received regarding permit #34.. Lt. Chase distributed a timeline that describes a documentation of what has existed regarding permit #34 beginning with April 7th, 2004 with a blanket notice stating that all permits need to be renewed in May. Mr. Shapiro stated that Ms. Stimmel had given every consideration to Mr. Bowie with regard to fines due to the complexity of the ordinance and warnings were sent. Mr. Shapiro also stated that there is no requirement for warnings to be sent. Alderman Ramsburg questioned some of the activity regarding other permits belonging to Mr. Bowie. Mr. Shapiro clarified to the committee that taxicab #34 has never been inspected for road clearance even though the fees have been paid. Mr. Shapiro stated that the information missing is the lack of MSP (Maryland State Police) vehicle inspection specifically the compliance emissions. Mr. Shapiro stated that according to the ordinance the City is authorized to pull this permit. Discussion continued as to the fines that were incurred. Alderman Ramsburg stated that the Commission is bound to follow the law. Alderman Lenhart stated that according to the law the permit #34 no longer belongs to Mr. Bowie and any fines that were discussed are null and void because the permit does not exist and that the permit should come back to the City. Mr. Shapiro explained the use of a waiver (relinquishment of a known right) in which the city does not enforce or act upon an action retroactively. Mr. Shapiro stated that the city has waived their right by not acting upon this. Alderman Lenhart restated to the commission that the City cannot collect the fines incurred by Mr. Bowie, but that permit #34 has now been surrendered to the City.
Public Comment:
Mr. Bowie stated that he did not wish to speak to the Commission since his attorney was not in attendance. Mr. Bowie also stated that his vehicle has been paid for but there were problems that kept the car off the road. The commission found that by law the City should expect the permit to be surrendered to the City and all fines will not incur.
Mr. Shapiro advised Mr. Bowie that under section 23-59 of the Taxicab Ordinance, he has the right to appeal but must do so within 10 days to the Taxicab Administrative Agency which will accept it on behalf of the Taxicab Commission. If after ten days, all appeals will not be in affect. If there is no appeal, this permit will go into the pool with other permits available but will not be issued until July 2005 when a decision is made as to how many permits to issue.
Minutes submitted by Eileen Farrar