CITY OF FREDERICK

City Hall - 101 N. Court Street

Frederick, MD 21701

Minutes

TAXICAB COMMISSION MEETING

9:00 a.m.

January 3, 2007, Room 212, City Hall

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Present: Alderman Marcia Hall, Alderman Paul Smith, Jerry Wood, Lt. Tom Chase, Kelly Russell, Keith Martin, Kara Norman, Jonathan Smith, Ric Winters, Rachel Depo, William Bowie, Mason Bowie, Eileen Farrar.

Not Present: Alderman Donna Kuzemchak Ramsburg

Item 1: Approval of the minutes from the meeting of December 13, 2006

Minutes were tabled until the next meeting.

Item 2: Discussion regarding Taxicab license application for Ms. Shirley

Holston

Alderman Marcia Hall closed the meeting at this time due to the confidentiality of information to be heard. Lt. Chase stated that he had spoken to Ms. Holston and continued to give the Commission information pertinent to Ms. Holston’s application.

Motion: Alderman Smith moved to table this item until Lt. Chase can contact Ms. Holston to determine when Ms. Holston can appear before the Commission if she chooses to do so.

Item 3: Discussion and consideration of a request by Mr. Jonathan Smith regarding the use of pedacycles in the City of Frederick.

Mr. Jonathan Smith distributed information regarding pedacycles or pedicabs and their popularity in different cities. Mr. Smith explained that due to Frederick becoming very urbanized that it would be another helpful way to get people into the city. Alderman Smith asked how this company would charge for services. Mr. Smith stated that it varied from city to city but probably by the hour, minute or by the block, either at fifty cents or a dollar. Alderman Smith inquired about the impact on traffic impact and Mr. Smith stated that in New York he did not believe there were major problems. Alderman Smith asked about special travel lanes and Mr. Smith stated that some cities had them. Alderman Hall asked if there were some boundaries that he had in mind and Mr. Smith thought probably the historic area from Harry Grove Stadium or possibly Shab Row. Mr. Smith stated that the bicycles are very strong mountain bikes that are able to handle the hills and passenger weight. Alderman Smith stated his concern with one lane going out of town on S. Market Street and the potential to slow traffic if the bicycle has to slow down. Mr. Smith commented that he did not see a conflict with the cab companies with his business due to usage being from block to block. Alderman Hall read into the record a letter from Ms. Weddle (a lifelong resident of the city) stating her displeasure at the thought of pedicabs in the city. Alderman Hall suggested that Mr. Smith look closely at our current regulations and see how they would work into their business and do an imprint for the Commission to review and discuss at a future meeting.

Mr. Mason Bowie appeared for the commission hearing at this time, but was not listed on the agenda. Due to the nature of Mr. Bowie’s application for a taxicab license, Alderman Hall closed the meeting at this time and allowed the commission and only pertinent parties to hear this discussion.

Motion: Alderman Hall moved to defer to the motion of December 13, 2006 which states that the commission would move for approval upon the receipt of a positive recommendation from the probation officer and that the commission would have the discretion to determine what a positive recommendation would be. Seconded by Alderman Smith. Vote 2-0 in favor. Alderman Ramsburg was not present

Item 4: Continued discussion from the meeting of December 13, 2006 regarding changes to the Taxicab Ordinance.

Ms. Rachel Depo stated that she made changes to Section 23-8 and Section 23-9 pertaining to the renewal and issuance of Taxicab Permits and asked the Commission to review for comments at a future meeting. Ms. Depo further explained how grounds for denial in Section 23- 10 should be more specific and asked the commission and the administrative agency to review for further discussion. A lengthy discussion continued and it was determined that there were three factors involved, the driver, the car, and the permit holder. Ms. Depo stated that if there were to be restrictions to the applicant, she asked what requirements were to be added. Alderman Smith stated that there should some connection between prior convictions and how this would affect the service to citizens. Alderman Smith would like to add a statement that determines the passage of time after a conviction rather than an absolute as stated now. Ms. Depo continued the discussion with changes to the transfer process for permits. Ms. Depo went on to discuss the grounds for revocation of permits. Alderman Smith stated that in the application process, there should be a statement that states there should be continuing obligations to remain qualified. Ms. Depo stated that there should possibly be a distinction between revocation and suspension. Lt. Chase and Ms. Russell explained the differences. The discussion continued with the length of time for license registrations and a staggered deadline in lieu of a once a year deadline was suggested. Ms. Russell stated that this could be a part of the standard operating procedures and would not be difficult. The commission agreed that a two year license would be sufficient and at certain intervals there would be a check list to make sure that everyone is in compliance. Further discussion continued with regard to the type of photograph for the application requirement and more clarification on the proof of permanent residency in the United States. A lengthy discussion continued as to the reasons why a taxicab license would be denied and which crimes listed should be changed or deleted. Ms. Russell suggested that she could possibly research what other jurisdictions have with regard to crimes that would prevent someone from obtaining a license. Alderman Smith was in favor of the section that says the agency shall deny a taxicab driver’s license to any applicant who has, within the two year period immediately prior to the date, on which the written application is submitted, been convicted of any of the following crimes.

Public Comment:

Mr. Ric Winters stated that he has been involved in the creation of the present ordinance and is pleased that it is now being streamlined. Mr. Winters stated that the changes to Section 23-10 by Rachel Depo are excellent and explains a more comprehensive way of allowing someone to get a permit that is not a U.S. citizen but has a drivers license in the state of Maryland and also has a work permit. In Section 23-13 Mr. Winters thought Ms. Depo should use the same language as Section 23-18 and call it suspension and or revocation of permits. Mr. Winters thought that the suspensions should go through Ms. Russell. Mr. Winters thought Section 23-12 a- (3) Death of a permit holder should be carefully looked at. Mr. Winters reminded the commission that after fifteen years, if you have been convicted of a crime, it cannot be heard in front of a jury.

Mr. William Bowie stated that the expense of running a taxi company in the city of Frederick has become too expensive. Mr. Bowie feels that all of the fees and fines are too harsh and excessive and that the ordinance was adopted all at once rather than a gradual acceptance of the fees and fines and that the ordinance has hurt the small business owner.

Meeting adjourned at 11:11 am.

Minutes submitted by Eileen S. Farrar