04/28/1980 Board of Public Works Minutes

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414 REGULAR 14EETING APRIL 28, 1980 to him. He stated that he had been very upset and had tried to see his son and ended up breaking a window. He indicated that he paid for the damages to the window and had pleaded guilty to the charges; however, he stated that he had never hit his ex -wife nor had he ever intended to do so. He stated that he had been fined $30. He pointed out that just recently, he had filed another petition for child visitation rights, and he felt there would be no further confrontations with his ex -wife regarding that matter. Upon questioning, he stated that he was presently single and had not re- married. Mr. Crone asked if Mr. Botka had been arrested at any other time, and Mr. Botka indicated that he had been arrested and convicted of assualt and battery in 1977 and had been fined $45 and a five days' jail suspension. He stated that he had pleaded innocent to the charge which involved an argument with a friend while en route to South Bend from Elkhart. He indicated that he had gotten out of the car and proceeded to walk back to South Bend when his friend had hit him and a fight ensued. He stated that he thought he had broken his friend's jaw, and that the judge had told him he had used excessive force. Mr. Crone asked if he had used a weapon of any sort, and Mr. Botka stated that he had just hit his friend with his fist. Mr. Crone asked Mr. Botka if he was presently employed. Mr. Botka stated that he was presently unemployed and had been laid off from the Airport Limousine Service where he had worked for two years. Mr. Crone asked what Mr. Botka had done while employed at the airport. He stated that he had transported passengers to and from the airport terminal, had delivered packages for courier services, and also delivered luggage to passengers' homes for the airlines. Mr. Crone asked if Mr. Botka had ever encountered any problems with the passengers, and Mr. Botka said that there had been a few occasions, but nothing he felt was serious. Mr. Crone asked if there had ever been any physical violence involved and Mr. Botka stated that, at one time, a drunken Notre Dame student had parked his car where he was not permitted to do so, When Mr. Botka asked him to leave, the student gestured in an obscene manner and had called him names. Mr. Botka stated that a fight had followed and security had been notified afterward. Mr. Crone asked if any charges had been filed against him, and Mr. Botka stated that there had not been any charges filed. Mr. Crone asked if there were any other incidents of violence while Mr. Botka was employed by the Airport Limousine Service, and Mr. Botka stated that there were not. Mr. Crone asked if Mr. Botka had contacted any cab companies in the South Bend area about possible employment. Mr. Botka stated that he had contacted Mr. Sharp at Yellow Cab Company and he had stated he would employ Mr. Botka. Mr. Botka asked that the Board, in reaching its decision, consider all the circumstances surrounding his record of arrests. Mr. Hill stated that he appreciated Mr. Botka's candidness and honesty in responding to Mr. Crone's questions. He explained that the Board, in reviewing all the applications for taxi licenses, must represent the public and has a responsibility to the public that those persons driving cabs are honest and responsible people. He stated that -Mr. Botka's past experience has shown he had not always used the best judgment in many situations, and Mr. Botka had had .a very recent conviction in February, 1980. He felt that, in another year, if Mr. Botka still desired a taxi license and had no further convictions or problems` with the law, he would consider approving his request at that time. Upon a motion made by Mr. Hill, seconded by Mr. McMahon and carried, the application was denied (Mr. Kernan abstained). Mr. Crone asked if Mr. Donald E. Overbay was in attendance, and it was noted that he had left the meeting and was not waiting in the hall. Mr. McMahon stated that this was the second scheduled hearing on the taxi license application and Mr. Overbay was not present. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the application was denied (Mr. Kernan abstained).