BURLINGTON TAXI LICENSING APPEALS PANEL BURLINGTON INTERNATIONAL AIRPORT MINUTES OF MEETING November 13, 2014

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1 MINUTES SUBJECT TO CORRECTION BY THE BURLINGTON TAXI LICENSING APPEALS PANEL. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE TAXI LICENSING APPEALS PANEL. BURLINGTON TAXI LICENSING APPEALS PANEL BURLINGTON INTERNATIONAL AIRPORT MINUTES OF MEETING November 13, 2014 MEMBERS PRESENT: Jeff Munger (Chairman) Cpl. Dominic Brodeur Rachel Siegel MEMBERS NOT PRESENT: Bill Keogh LICENSE REVIEW/APPEALS PANEL: Jeff Munger, Airport Commission Cpl. Dominic Brodeur, Burlington Police Dept. Rachel Siegel, City Council ADMINISTRATION: Kristin Jones, Taxi Administration Office STAFF ATTORNEY: OTHERS PRESENT: APPROVED 4/14/15 Gregg Meyer, Assistant City Attorney Nicholas Schieldrop, citizen Jesse Desso, BBSP Kevin Robar, BBSP Cathy Robar, BBSP April Burbank, Burlington Free Press Jaime Brissard, WPTZ Kristen Tripodi, Fox ABC Shelley Palmer, BBSP Fahim Aljiebort, #1 Taxi and interpreter for Jassim Jassim Ricky Handy, Blazer Transportation Alicia Freese, Seven Days Glenn Russell, Burlington Free Press Jason Sawyer, attorney for Jassim Jassim Steven Alward (via telephone) Marianne Riordan, Recording Secretary Appellants: Jennifer Provost, Quick Cab Augustin Bernard, Blazer Cab Christopher Handy, Blazer Transportation Jassim Jassim, Champlain Taxi Big Brother Security Programs, Inc. 1.0 CALL TO ORDER and AGENDA Chairman Jeff Munger called the meeting to order at 10:15 AM on November 13, Agenda Action: The Panel voted unanimously on a motion by Rachel Siegel, seconded by Dominic Brodeur, to approve the agenda with the amendment that Item 2.02 (complaint re: Big Brother Security Programs) be heard as Item CONSENT AGENDA

2 MINUTES OF MEETING November 13, 2014 PAGE COMMUNICATION: Kristin Jones, Office Assistant, Burlington International Airport; Tsering Yeshi, Potalta Taxi, re: Complaint 2.02 COMMUNICATION: Kristin Jones, Office Assistant, Burlington International Airport; Melissa Driscoll, Assistant General Manager, Days Inn; Big Brother Security Programs re: Complaint Action: The Panel voted unanimously on a motion by Rachel Siegel, seconded by Dominic Brodeur, to accept the consent agenda as presented, waive the reading, and place the information on file. 3.0 TAXI DRIVER DENIAL/APPEAL HEARINGS Action: The Panel voted unanimously on a motion by Rachel Siegel, seconded by Dominic Brodeur, to advance the hearing for Big Brother Security Programs to be the first hearing Big Brother Security Programs, Inc. Shelley Palmer with BBSP, Inc. appeared before the Panel. Gregg Meyer explained the procedure to be followed, swore in individuals to provide testimony, and introduced the Taxi Appeals Panel. Background BSSP received a letter from the City of Burlington regarding licensing. Testimony Shelley Palmer noted the letter he received refers to Section of the taxi ordinance, but the applicability of the ordinance per 24VSA2032 is that there must be a referendum by the City of Burlington approved by the voters. The issue before the Panel is whether BBSP should be licensed by the city as a contract carrier and if the Taxi Administration can further regulate over and above state regulations. Mr. Palmer noted the following: BBSP transports students per Title 16 VSA and handicapped individuals per Title 24 under Special Needs. BSSP fulfills all state regulations and requirements. BSSP also operates commercial vehicles per Title 23 VSA and adopted all rules under 49 CFR. The city carries 10 children in their vehicles (the state allows 8 children). The city is exceeding the number allowed by the state. Section of the taxi ordinance holds the city harmless, but the question is why the city is exempt from the law. Rachel Siegel asked if BBSP only moves students and handicapped individuals. Mr. Palmer explained state statute requires that students and handicapped persons are transported 75% of the time. BSSP also moves people by contract. The City of Burlington is BSSP s largest customer. Assisted and senior living facilities as well as the medical center are also customers. BSSP is a vehicle-for-hire service, not a

3 MINUTES OF MEETING November 13, 2014 PAGE 3 taxi, and there is notice on the vehicles to that end. Mr. Palmer referred to state statutes regarding jitney and contract vehicles and will submit the documentation to the Panel. Jeff Munger asked if the proper insignia is on the vehicles when transporting school children (i.e. as a school bus). Mr. Palmer said the number of children and the circumstance are factors. Title 16 requirements are met. BSSP carries more insurance than taxis. Jamison Agency in Stowe has insurance information for BSSP. Cathy Robar, BSSP Corporate Manager, stated BSSP is a private car service, not a taxi, and works by contract only. The company is insured. The company is not interested in being a taxi service transporting the public at large. Ms. Robar suggested the Taxi Administration focus on taxis and the issue of drivers without proper licensing driving taxicabs. Jeff Munger explained the purpose of the hearing was to clarify the service. Ms. Robar said she was not contacted by anyone at the airport prior to receiving the certified letter for the hearing. Mr. Palmer added the mailing address was incorrect and advised contacting the Secretary of State s Office for the registered business name and address. There was no further testimony. Action: Mr. Palmer will forward the documents for BSSP and the appropriate state statues to the Panel prior to the next meeting. The Panel will take the information under advisement. Deliberation/Decision The Panel will discuss the appeal in deliberative session and issue a decision in writing Jennifer Provost Jennifer Provost appeared on behalf of the appeal. Gregg Meyer explained the procedure to be followed, swore in individuals to provide testimony, and introduced the Taxi Appeals Panel. Background Jennifer Provost was denied a taxi license due to speeding tickets and retail theft. Testimony Jennifer Provost said she has moved past the issues on her record. The speeding tickets occurred when she was young and the retail theft was when she was with a group of people who were stealing, but she was not aware of this. Ms. Provost said she took the retail theft charge and paid restitution (over $700) instead of revealing who actually stole the merchandise from the store. Ms. Provost said she needs a taxi license in order to support her family (five sons) and would like the chance to do that.

4 MINUTES OF MEETING November 13, 2014 PAGE 4 Dominic Brodeur asked if there is video surveillance from the store or evidence that can prove someone else stole the merchandise. Ms. Provost said the video showed her and another person in the aisle. Store personnel confronted them outside the store. Ms. Provost said she refused to give the name of the other person with her. The video does not show merchandise being taken by her and the material was not recovered, but the store may have done an inventory to confirm the loss. Ms. Provost said she paid over $400 to K-Mart for the property and later her friend admitted she stole the property. Ms. Provost said they are no longer friends. Dominic Brodeur said he would like to read the affidavit. Gregg Meyer confirmed with the appellant that the Panel can review and consider all documents as part of the decision process. There was no further testimony. Deliberation/Decision The Panel will discuss the appeal in deliberative session and issue a decision in writing Augustin Bernard Augustin Bernard appeared on behalf of the appeal. Gregg Meyer explained the procedure to be followed, swore in individuals to provide testimony, and introduced the Taxi Appeals Panel. Background Augustin Bernard was denied a taxi license due to a DUI in 1996 and an unlawful mischief charge in Testimony Augustin Bernard stated to the best of his knowledge there is only one DUI on his record. The unlawful mischief was theft of a chicken from a supermarket because he did not have the money at the time. Mr. Bernard said the narcotics charge was an incident where he picked up the drug then sold it and got busted. Mr. Bernard stressed this was a one-time incident; he was not a dealer. Mr. Bernard said he moved to Vermont in 1994 to make a better living and then got divorced which is when he started drinking and got the DUI. After that he changed his life, went to AA counseling, stopped drinking and has been sober ever since. Mr. Bernard said he owns his own home, has a job, pays taxes, and is a good person. The bad acts are in the past. In 2012 Mr. Bernard said he had an argument with his friend of 19 years and the police were called. Mr. Bernard said his attorney advised the incident would be expunged from his record, but that has not happened. Mr. Bernard said he would like to have a taxi license to make a better living.

5 MINUTES OF MEETING November 13, 2014 PAGE 5 Dominic Brodeur asked if there have been any negative police interactions since Mr. Barnard said there have not. Jeff Munger asked if taxi work is to supplement income from the other job. Mr. Bernard said he is works for Champlain Cable in Colchester, but he is not certain how long the company will be around so he is trying to make sure he has an income. Mr. Bernard said he has worked at Champlain Cable for nine years and at Beldon before that for eight years. There was no further testimony. Deliberation/Decision The Panel will discuss the appeal in deliberative session and issue a decision in writing Christopher Handy Christopher Handy and Ricky Handy appeared on behalf of the appeal. Gregg Meyer explained the procedure to be followed, swore in individuals to provide testimony, and introduced the Taxi Appeals Panel. Background Christopher Handy was denied a taxi license due his criminal record, license suspension for not paying fines, and domestic assault. Testimony Chris Handy gave a history of his past behavior that led in using drugs and transporting drugs from New York to Vermont, eventually resulting in his arrest, conviction and incarceration. Mr. Handy said his prison sentence was reduced to 21 months by testifying against the drug dealers (this caused him to be beaten up in prison). Mr. Handy said he has been out of jail for a year, has been clean and sober for the past three years and wants to move on with being an adult and helping his father, Ricky Handy, with Blazer Transportation. Mr. Handy assured he will abide by the regulations and just wants a chance. During the summer months Mr. Handy said he works for Pleasant Valley Landscape and Paint, but needs a job in the winter. Mr. Handy mentioned prior to being arrested he moved out of state and returned after his brother died and that is when he started using drugs. While he was in prison his mother died and he was let out of prison to attend her services, but then returned to segregation (for protection from beatings) which gave him a lot of time to think about his situation. Mr. Handy said he has refound God, goes to church each week, and has a girlfriend. Rachel Siegel asked about the unpaid fines. Mr. Handy said he was incarcerated when the fines were due. His father paid the fines for him and he repaid his father. Rachel Siegel asked about the violation that occurred after Mr. Handy s license was reinstated. Mr. Handy explained he was driving some friends home as the designated driver and was pulled over for speeding because his friends needed to

6 MINUTES OF MEETING November 13, 2014 PAGE 6 go the bathroom badly. The passengers were not wearing seatbelts in the back seat and the officer issued a ticket for speeding and not wearing seatbelts. Mr. Handy said his drywall boss who was in the car paid the ticket for him. Rachel Siegel asked Mr. Handy how he could not have known the passengers he was driving to New York were drug dealers. Mr. Handy said he was not aware at first and then he became hooked on the drugs and continued to do the trip to New York. Mr. Handy said getting arrested and charged was a blessing and a curse, but he is living a good life now. Rachel Siegel asked about the domestic assault. Chris Handy explained he and his brother were intoxicated and fighting in the front yard. A neighbor called the police. Mr. Handy said he was not trying to strangle his brother and the charge was dropped to a felony. The other incident was a fight in the car with his former girlfriend and the police were called. Mr. Handy said he was doing drugs at that time in his life, but not anymore. Ricky Handy thanked the Panel for the hearing and giving his son a second chance. Mr. Handy also thanked the federal system for finally helping his son address his drug problem. The family tried, but was not successful, and the state only gave him slaps on the wrist. The feds enforced to the letter of the law. Mr. Handy said his son went into prison in March 2011 and got out of jail in February, Chris Handy added he had to stay in a halfway house for a while and is now under federal supervision for two years. Mr. Handy said he must do drug tests, meet with a psychologist one a week, and report to his parole officer. Ricky Handy said a taxi license will allow his son to earn money in the winter so he can pay his bills and his son will be a great asset to his company because he is good with people and with dispatching, keeps the other drivers in line and keeps the cars clean. In the summer the landscaping job will resume and taxi driving can be done at night and on weekends. There was no further testimony. Deliberation/Decision The Panel will discuss the appeal in deliberative session and issue a decision in writing Jassim Jassim Jassim Jassim, Fahim Aljiebort (interpreter), and Jason Sawyer, attorney representing the appellant appeared on behalf of the appeal. Steven Alward, complainant, gave testimony via telephone. Gregg Meyer explained the procedure to be followed, swore in individuals to provide testimony, and introduced the Taxi Appeals Panel. Background Jassim Jassim was denied a license due to multiple (3) complaints from passengers.

7 MINUTES OF MEETING November 13, 2014 PAGE 7 Appellant Testimony Attorney Sawyer, representing the appellant, stated Mr. Jassim is an Iraqi refugee who does not speak English fluently. The language barrier could have contributed to misunderstandings. Mr. Jassim has expressed he has taken responsibility for the events and is very sorry and is willing to do restitution. Mr. Jassim has four children who he supports, has no criminal or driving record, and is working to improve his English skills. A taxi license was issued to Mr. Jassim in March 2014 and a warning was received then in four months a complaint was received and then in another three months another complaint was received. Attorney Sawyer submitted into evidence as Exhibit A written explanation from Mr. Jassim of the events. Complainant(s) Testimony Steven Alward Steven Alward, via telephone, testified he got off the Amtrak train in St. Albans and was going to the nearby LaQuinta Inn and he asked Jassim Jassim who had two other passengers in his taxi how far the LaQuinta was from the train station. Mr. Jassim said about three miles. Mr. Alward said it appeared to him that Mr. Jassim was taking back roads to the inn because the travel seemed longer than three miles. One of the other passengers in the car was dropped off at Thrifty Car Rental by the airport ($18 fare) and then Mr. Jassim drove to LaQuinta Inn. The third person in the car was dropped off at a shopping center in Burlington. Mr. Alward said when he got the LaQuinta Inn they did not have a reservation there for him, but did have a reservation in St. Albans. After dropping off the third passenger the taxi driver started the meter, took the interstate and went to St. Albans. Mr. Alward said the fare was $81, but he normally pays $8 for the hotel car service. Mr. Alward said he paid Mr. Jassim $20 for the ride, but the police were called and he was forced to pay the $81 fare or be arrested. Rachel Siegel observed it appears the appellant may have been confused and got off the train in Essex Junction rather than St. Albans. Mr. Alward said he is familiar with the train service and would not have gotten off the train in Essex Junction when he was going to St. Albans. Rachel Siegel said the St. Albans police called the Williston Road LaQuinta and they confirmed Mr. Alward had stopped there. Ms. Siegel asked Mr. Alward his estimate of the time to drive to St. Albans. Mr. Alward estimated 15 minutes though the time it took Mr. Jassim was not for just three miles. Attorney Sawyer said Mr. Alward s testimony does not make sense and there is question why he did not tell Mr. Jassim he was going to the wrong LaQuinta. Also, Mr. Jassim does not go to St. Albans with rides. Law enforcement did not believe Mr. Alward s explanation. Mr. Jassim brought Mr. Alward to the Williston Road LaQuinta and waited outside while Mr. Alward confirmed the reservation, but Mr. Alward is contending that Mr. Jassim drove down from St. Albans to the LaQuinta in South Burlington and then drove back to St. Albans, and if that were even the case the fare would be greater than $81.

8 MINUTES OF MEETING November 13, 2014 PAGE 8 Ray Dufresne Attempts to contact Ray Dufresne by telephone were unsuccessful. The Panel heard testimony from the appellant. Attorney Sawyer said the complainant, Ray Dufresne, went to the taxi line and put his luggage in Mr. Jassim s taxi, but wanted to smoke a cigarette before leaving. Mr. Jassim asked if he could take someone to the Hilton before driving Mr. Dufresne to his destination. When Mr. Jassim returned Mr. Dufresne was gone. Mr. Jassim admits it was a mistake to take the other passenger first, but he did not go to Ripton as Mr. Dufresne contends, he went to the Hilton in Burlington. Mr. Jassim acknowledges his mistake and apologies for any misunderstanding. Jeff Munger asked if there were airport ambassadors on the taxi line. Mr. Jassim said Sheila Edwards was inside the booth. Jeff Munger noted there have been struggles with cabs - either there are not enough taxicabs or more than enough taxicabs. Rachel Siegel asked where people go to smoke cigarettes at the airport. Kristin Jones said customers can smoke anywhere provided it is not within 25 of an entrance to the terminal. Marie Melisee Attempts to contact Marie Melisee by telephone were unsuccessful. The Panel heard testimony from the appellant. Attorney Sawyer stated the allegations put forth by the complainant are significant. Mr. Jassim does not remember three women in his cab (the complainant said the ride was with three women on a rainy night at 3 AM) and he does not remember any aggressive gestures by him toward the passengers. Mr. Jassim recalls picking up a man and a woman downtown around 11 PM and bringing them to the Holiday Inn. The man gave him $15 and after two or three days an airport ambassador said a complaint had been made. Mr. Jassim said he could not understand why there was a complaint when the man gave him a tip for the ride. Attorney Sawyer said Mr. Jassim disputes the alleged aggressive gestures. Mr. Jassim is a devote Muslim and believes in respecting women. Mr. Jassim is sorry for any misunderstanding. Rachel Siegel asked if the appellant had his identification in the taxi and used the meter. Mr. Jassim said he always has his license with him and uses the meter. Jeff Munger asked if anyone else could have been driving the taxi. Mr. Jassim said his son is also a taxi driver, but did not have his taxi license at the time of the event (July 27). Mr. Munger asked the appellant if he keeps a logbook. Mr. Jassim said he keeps a logbook for downtown rides only, not for the airport. It was clarified taxi drivers should be logging all rides, downtown and at the airport. Kristin Jones confirmed the license plate that was reported by the complainant was for Champlain Taxi.

9 MINUTES OF MEETING November 13, 2014 PAGE 9 Attorney Sawyer said in closing Mr. Jassim respects the laws and regulations of the state because he is from a country without laws and people get killed because of this. Mr. Jassim has a good driving record, no criminal record, is working on speaking English, and continues to support himself and his family in Iraq. Mr. Jassim is willing to do whatever is requested of him (probation, restitution). There was no further testimony. Deliberation/Decision The Panel will discuss the appeal in deliberative session and issue a decision in writing. Action: The Panel voted unanimously on a motion by Dominic Brodeur, seconded by Rachel Siegel, to go into deliberative session. Deliberative session convened at 12:10 PM and adjourned at 12:45 PM. The regular meeting was resumed. Action following deliberative session: Jassim Jassim Action: The Panel voted unanimously on a motion by Jeff Munger, seconded by Dominic Brodeur, to inform Jassim Jassim by letter that the matters involving Steve Alward and Ray Dufresne are dismissed for lack of credibility and the evidence was sufficient to justify some communication between the complainant, Marie Melisee, and the appellant, Jassim Jassim, apologizing for any miscommunication or misunderstanding. Christopher Handy Action: The Panel voted unanimously on a motion by Jeff Munger, seconded by Rachel Siegel, to grant a license to Christopher Handy with the following conditions: 1. Christopher Handy shall provide the Taxi Administration Office and the Taxi Appeals Panel the results of required drug testing per the probationary conditions. 2. There shall be no further traffic or criminal violations. Augustin Bernard Action: The Panel voted unanimously on a motion by Jeff Munger, seconded Dominic Brodeur, to grant a taxi license to Augustin Bernard without conditions. Jennifer Provost Action: The Panel voted unanimously on a motion by Jeff Munger, seconded by Dominic Brodeur, to grant a taxi license to Jennifer Provost with the condition there shall be no further traffic or criminal violations. Big Brother Security Programs, Inc.

10 MINUTES OF MEETING November 13, 2014 PAGE 10 Action: Gregg Meyer will discuss the documents submitted by Shelley Palmer for BBSP with Eileen Blackwood. The Panel will address the matter at the next meeting. 4.0 MINUTES 4.01 Taxi Licensing Appeal Panel 9/15/14 Action on the minutes was tabled due to lack of a quorum present at the September 15, 2014 meeting. 5.0 ADJOURNMENT Action: The Panel voted unanimously on a motion by Jeff Munger, seconded by Dominic Brodeur, to adjourn the meeting. The meeting was adjourned at 12:45 PM. RScty: MERiordan

BURLINGTON TAXI LICENSING APPEALS PANEL BURLINGTON INTERNATIONAL AIRPORT MINUTES OF MEETING August 8, Bill Keogh Cpl.

MINUTES SUBJECT TO CORRECTION BY THE BURLINGTON TAXI LICENSING APPEALS PANEL. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE TAXI LICENSING APPEALS PANEL. MEMBERS PRESENT: