ANCHORAGE TRANSPORTATION COMMISSION MINUTES OF MEETING ASSEMBLY CHAMBERS, LOUSSAC LIBRARY May 23, 2016

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1 ANCHORAGE TRANSPORTATION COMMISSION MINUTES OF MEETING ASSEMBLY CHAMBERS, LOUSSAC LIBRARY May, Called to order at :0 p.m. Prior to Roll Call, Chair Tierney welcomed Mr. Carl Berger and Mr. Kevin McGee to the commission and asked them to introduce themselves. Mr. Berger introduced himself to the members and provided his background. Following his introduction, Mr. McGee provided his background. ROLL CALL Present were Mr. Carl Berger, Mr. Kevin McGee, Mr. Eugene Harnett, Mr. Azdren Poshka, Ms. Lucy Odden, Mr. Steve Rader and Mr. Andy Tierney. Transportation Inspector Eric Musser was present as Secretary to the Commission. Chair Tierney recognized Assemblyperson Dunbar in the audience. APPROVAL OF MINUTES April, 0. Commissioner Berger called the members attention to an error on Page, line where it stated tired and should read tiered. Moved by Mr. Poshka and seconded by Mr. Harnett to approve as amended. Approved unanimously. PERMIT ACTIONS. Permit 0 Moved by Mr. Poshka and seconded by Mr. Rader to approve sale. Approved unanimously.. Permit Moved by Mr. Poshka and seconded by Mr. Harnett to approve transfer. Approved unanimously.. Permit Mr. Musser provided an overview of the proposed sale and reported that correspondence had been received by an attorney indicating there was litigation involving the seller and that the seller may be doing so to avoid a civil judgment and that the commission should withhold approval. Mr. Musser remarked he advised the attorney that absent a court order there wasn t anything that could be done as the paperwork was in order and properly before the commission. Commissioner McGee questioned the missing notarization of the application. Mr. Musser apologized and remarked it was an administrative error but that the application was properly before the commission. It was moved by Mr. Poshka and seconded by Ms. Odden to approve sale. Approved unanimously.. Permit Moved by Mr. Rader and seconded by Mr. Harnett to approve sale. Commissioner Berger questioned the application and missing insurance information. Mr. Musser responded that it is not unusual as when a permit changes hands the new permit owner is encouraged not to spend the money on insurance and other required equipment until after the commission approves the permit application. Mr. Musser stated the vehicle

2 Minutes of May, 0 Transportation Commission Meeting Page of would not be allowed to operate until all conditions have been met. Mr. Berger questioned if the seller would have to indicate whether there was insurance. Mr. Musser replied that the seller data is on the back of the application and that the front is for the new permit applicant to provide information for the commission. Approved unanimously.. Permit Moved by Mr. McGee and seconded by Mr. Poshka to approve sale. Approved unanimously. Chair Tierney asked Mr. Musser to explain for the new commissioners the process that takes place for folks that now own these permits. Mr. Musser responded that the new owners have days to select their dispatch company, bind up their insurance and paint and field the car. Once done, they return to our office a final inspection, document review, and meter certification and sealing. If all conditions have been met, then the permit is issued and the car is approved to operate.. Permit V New Permit, United Nemt, LLC. Moved by Ms. Odden and seconded by Mr. Harnett to approve. Commissioner Odden stated that a permit such as this would really help people who do not drive. Approved unanimously.. Permit V New Permit, Planet Earth Adventures. Moved by Ms. Odden and seconded by Mr. McGee to approve. Approved unanimously.. Permit V0 New Permit, Alexander Travels and Tours. Commissioner Berger questioned the business license SIC code being Administrative, Support, Waste Management and Remediation Services, and Arts, entertainment and Recreation. Mr. Musser replied that when Alexander Travel made application they submitted a business license to operate under a used car dealership and that they were advised it wouldn t work. They re-submitted their application with the error in SIC code but thought it would be fixed. The applicant was asked to confirm he would change to the proper SIC code for Transportation. Mr. Alexander stepped to the podium and acknowledged he would make the change. Mr. Poshka questioned the amount of miles on the vehicle and whether it was reasonable to operate a tour shuttle with such an old vehicle with very hi miles. Moved by Ms. Odden and seconded by Mr. Harnett to approve with SIC code amended to comply. Approved unanimously.. Permit V New Permit, Aurora Adult Day Services. Moved by Mr. Harnett and seconded by Mr. Rader to approve. Approved unanimously. 0. Permit V New Permit, Aurora Adult Day Services. Moved by Mr. Harnett and seconded by Mr. McGee to approve. Approved unanimously.

3 Minutes of May, 0 Transportation Commission Meeting Page of Permit V New Permit, Anchorage Alaska Transportation. Moved by Mr. Rader and seconded by Mr. Poshka to approve. Approved unanimously. New Business Public Hearing on Proposed amendment to.0.00 Post Accident drug testing. Mr. Musser informed the commission this item is a proposed amendment to clarify when a post-accident test would be performed. He remarked that.0.00 requires all chauffeur s to report an incident within hours of its occurrence and requires the commission to establish a drug testing program. The regulation sets out the requirements. He stated it has always been the policy of the TI office to order a post-accident test if a passenger was in the vehicle when an incident occurred. Regretfully, a chauffeur refused to report for a post-accident test with a passenger in the vehicle. Upon investigation it was determined that because the existing language of the postaccident testing wasn t clear on the process. This proposed amendment to.0.00 clarifies that a test could be ordered if a passenger is in the vehicle. Chair Tierney questioned section A. and asked Mr. Musser to clarify. He stated that the change from hours to conforms to.0.00 and that shifting the result of moving violation to paragraph C clarifies it in one paragraph. Mr. Musser remarked the proposed change to C is a result of an incident and review of the language for ordering a post-accident test. Public testimony was opened. Bob Ransom spoke and asked if Worksafe was open on weekends and how this would work on a weekend. Mr. Musser replied that worksafe has on-call personnel on call / and when a test is ordered on a weekend the on-call person is notified and paperwork is sent over. If someone is in the hospital, code already requires them to sign releases to perform post-accident testing. Mr. Ransom then asked about owner reporting. Mr. Musser replied that.0.00 was clear there were two separate and distinct requirements for accident reporting. The first was on the operator to report within hours, but any medical aid is rendered first. He stated that there was then a separate requirement for the owners to report the incident within the next municipal workday and arrange for an inspection of the vehicle. Chair Tierney asked if there was anyone else to testify. With no person stepping forward, public testimony was closed. Commissioner Harnett asked about the in excess of $,000 being deleted and whether there would be any threshold? Mr. Musser replied that in the old code there were damage thresholds and operators were always not reporting remarking there was little damage when there was substantial damage. Commissioner Harnett then asked if it was fair, that without a threshold, if it is

4 Minutes of May, 0 Transportation Commission Meeting Page of too much to have to get a post-accident test for a door ding or scratch on a car. Mr. Musser replied it was a fair question but that you had to rely on the office to exercise judgment on whether the test would be ordered. Chair Tierney asked what the requirement was to report an accident. Mr. Musser replied that Title states the operator shall report an incident involving a regulated vehicle. So the regulation, by deleting the $,000, conforms the regulation to Title. Commissioner Rader stated he saw this as a safety measure. Chair Tierney remarked there was a motion before the body by Mr. Rader and seconded by Mr. Poshka to approve the proposed amendment to AMCR Approved unanimously. Old Business. Proposed amendment to AMCR.0.00 Rates and Fares, to authorize implementation of a credit card/debit card swipe fee outside the rate cap established by regulation. Chair Tierney asked Mr. Musser to provide an update to the request for an amendment. Mr. Musser stated the request was made by Alaska Yellow Cab Dispatch as a means to recover business costs associated with processing transaction slips and charges. He stated that the impetus of the request was each transaction had to be handled several times and that it was a burden and so have petitioned the commission for authorization to implement a swipe fee. He stated there have been public hearings on this request and that last month many questions were raised about the costs and that Alaska Yellow Dispatch has been very forthcoming with information to justify the proposed $ swipe fee. Mr. Musser continued by stating Alaska Yellow was grilled extensively on the type of equipment they intended to use and how user friendly it would be. He stated a different proposal was submitted that had a newer chip/pin compatible equipment that hung from the back of a headrest. He stated that while it wasn t really digital, it did provide a machine the public was more used to seeing. He stated a significant question before the commission was whether it was appropriate to ask the public to absorb the cost of accepting credit/debit cards and that percent of the taxi companies in America have a fee for accepting the cards, some charging the driver s and some charging the public. Public testimony was closed last month and that what is in the draft resolution before the members was the language requested submitted by the Dispatch company. Chair Tierney then asked Mr. Musser to advise where Anchorage was with respects to the flag drop and meter rates being charged. Mr. Musser replied that the current rates are under the existing cap at $. for a drop rate and a $. per /0 th of a mile driving. He pointed out that a meter increase would

5 Minutes of May, 0 Transportation Commission Meeting Page of goto the driver. A swipe fee would goto the dispatch company. Chair Tierney stated his business absorbs costs of taking credit cards in his business and that a fee was problematic. He stated there is so much money going into the system and the driver s continue to see no net increase in money going into their pocket. Commissioner Rader stated it was a difficult issue and he was troubled by the amount being passed to the customer. Commissioner McGee stated it looked like this was nickle and diming the customer. Commissioner Odden stated a lot of people with disabilities use credit cards and that when she travels she too uses a credit card. Chair Tierney asked Mr. Musser to clarify the vote. Mr. Musser remarked the motion is to vote on the proposed amendment to.0.00 as is. Commissioner Rader moved to vote on the amendment and seconded by Commissioner Odden to reject the proposed amendment to AMCR Commissioner Berger requested a roll call vote. Ms. Odden yes, Mr. Harnett no, Mr. Poshka no, Mr. Rader no, Mr. Tierney no, Mr. McGee no, Mr. Berger no. Amendment fails -. Chair Tierney stated that the commission appreciates all the work that was put into this issue to get to a formal vote. Mr. Musser stated one more vote was needed to move the AR as amended that would recommend to the assembly the proposed amendment to AMCR Moved by Mr. Harnett and seconded by Mr. Rader to adopt. Approved unanimously.. Continuation of Public Testimony on 0 Convenience and Necessity Review as required by AMC Chair Tierney asked staff to give the new members a quick tutorial on what convenience and necessity is and what is hoped to be accomplished. Mr. Musser stated that one of the primary roles of the transportation commission is to biennially review regulated vehicle transportation within the municipality and that it is a full review of the service being provided in Anchorage and determine if any new permits of one kind or any kind may be warranted to increase the availability of regulated vehicles in the municipality or to meet existing or increased demand. He stated the last review was culminated in 0 when the commission authorized limited service permits to serve the Chugiak/Eagle River area. Those permits were returned to the municipality as being non-viable.

6 Minutes of May, 0 Transportation Commission Meeting Page of Mr. Musser stated that the 0 convenience and necessity review was presented last month and public testimony commenced. He stated that the presentation was made and some commission members asked some pretty good questions last month that will be reviewed further. One remarked about operational performance, running about percent. It was also questioned whether 00 percent operational performance could be attained at a :00 ratio. He concluded it was a big undertaking. Commissioner Odden stated that a lot of work was needed to solve the disability issues. She remarked there were a lot of people with disabilities in Eagle River and they needed help with transportation. Chair Tierney remarked that the Eagle River issue has been a frustrating issue for the commission. He stated there were many small business men and women who testified how frustrating it was to get a car in Eagle River but because of the way the system has evolved there was no way for the commission to support the vehicles to build service in Eagle River and so the commission was forced to come up with a solution to serve an underserved area that didn t work very well. The commission was left with people saying the area was under served and the industry that says they respond to requests from Eagle River. We were also left with trying to figure out if drivers made their money and went home or if there was not enough business to keep them on the road. So as we move forward to recommendations on whether or not we need new permits, it will be a daunting undertakings. Commissioner Berger asked how many meetings there were going to be and if there was a schedule yet. Mr. Musser replied meetings would be scheduled between the th and th in Eagle and likely just one meeting there and another back in Anchorage. He also remarked the regularly scheduled meeting on June th was still scheduled so we would be looking at a special meeting. Chair Tierney continued public Testimony. Assemblyperson Dunbar introduced himself and remarked he had spoken to members about this issue and stated that the municipality should expand the number of taxicab permits. He stated that since we have issued just general permits. He stated we are below many other cities in the number of cabs. Mr. Dunbar stated we are a tourist oriented community and have issues at bar break and the Alaska Native Medical Center. He remarked we should have more cabs, not less and there would be a public benefit to having more cabs on the road. Mr. Dunbar asked about additional hearings. Chair Tierney stated the commission would keep public testimony open as long as it takes for them to understand any need. Mr. Dunbar stated be believes we should issue between 0 and 0 new permits. Disability permits would be considered separately.

7 Minutes of May, 0 Transportation Commission Meeting Page of Commissioner Odden stated that some disability vehicles with lifts were needed to serve the community. Mr. Dunbar replied that all underserved communities should be considered and remarked in his district was diverse and we needed to consider the needs of the community going forward. Commissioner McGee remarked that the UAA vicinity was an area of expansion opportunity and that with the issuance of new permits it may be beneficial to that community. Chair Tierney remarked that if any commissioner wanted additional information to please contact the transportation inspection office and the office will do its best. Commissioner Odden stated she concurred that UAA folks take the bus and could use expanded transportation options. She stated she deals a lot with people with disabilities and there were many that did not drive. Ms. Odden then asked if members, when discussing disability issues, if they could refer to people with disabilities in a manner non-offensive. Mr. Musser, through the chair, stated there was an authorization made when Title was revised that enabled the legal department to make any grammatical change necessary to conform. He stated he would find the appropriate terminology and forward it to the members. Commissioner Comments. Commissioner Harnett welcomed the new members and stated he looked forward to a lot more input regarding service to the community.. Commissioner Odden remarked she was trying to help people with disabilities and seniors. She stated she looked forward to working with the commission to expand on great ideas.. Chair Tierney extended a welcome to the new members and stated the decisions the commission would make would certainly affect the public.. Commissioner McGee stated he looked forward to finding solutions as part of the commission that would expand competition and serve the community.. Commissioner Berger stated he would like to see everyone do the best they can. He stated that as a senior he sees difficulties with inadequate parking, with meters constantly being taken out of service and folks having difficulty getting around. He stated he hoped commission efforts in the Eagle River area were given a lot of forethought and that we did the best we can to get the word out. Staff Comments Mr. Musser provided an update to the commissioners on enforcement activities and how Title both assists and hinders the ability to enforce

8 Minutes of May, 0 Transportation Commission Meeting Page of certain parts of the code. He stated that the $,000 find was eliminated and not yet reinstated and that most vehicle for hire operators believe they do not need a permit. He remarked there were active vehicle for hire investigations going on at this time. Public Comments. Susan Fouse testified that the municipality should consider changing the per vehicle permit fee on a vehicle for hire to a company fee. She stated it was incredibly expensive on a small business person to pay such a high fee.. Bob Ransom testified that additional service to the disability community was needed. He remarked that the reason there aren t cabs on the road at certain times was because there was no business.. Dave O Malley testified that he disagreed with Mr. Ransom and remarked he was a driver of both a taxicab and vehicle for hire. He stated that this was the second convenience and necessary hearing in a month and that the public has no idea what was going on. He remarked drivers were making money and the more cabs with owner operators, the better the service. It was moved by Commissioner Rader and seconded by Commissioner Odden to adjourn. Meeting adjourned at :0 p.m. Respectfully submitted, Eric L. Musser Secretary