1.01 Agenda Action: The Panel voted unanimously on a motion by Jeff Munger, seconded by Bill Keogh, to approve the agenda as presented.

Transcription

1 MINUTES SUBJECT TO CORRECTION BY THE BURLINGTON TAXI LICENSING APPEALS PANEL/BOARD. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE APPEALS PANEL/BOARD. BURLINGTON TAXI LICENSING APPEALS PANEL BURLINGTON INTERNATIONAL AIRPORT MINUTES OF MEETING May 2, 2012 APPROVED 6/6/12 MEMBERS PRESENT: Jeff Munger Walt Decker Vince Dober Bill Keogh MEMBERS NOT PRESENT: Gene Richards Norm Blais Max Tracy ADMINISTRATION: Rick Varney, Director of Airport Operations STAFF ATTORNEY: Nikki Fuller, Assistant City Attorney OTHERS PRESENT: Appellant(s) Jason West Marianne Riordan, Recording Secretary LICENSE REVIEW/APPEALS PANEL: Vince Dober Walt Decker Jeff Munger Bill Keogh 1. CALL TO ORDER and AGENDA The meeting was opened at 9:15 AM on May 2, Agenda Action: The Panel voted unanimously on a motion by Jeff Munger, seconded by Bill Keogh, to approve the agenda as presented. 2. CONSENT AGENDA 2.01 COMMUNICATION: Taxi Licensing Appeals Panel re: Josic Slobodan Warning Munger, to waive the reading, accept the communications, and place the items on the consent agenda on file. 3. TAXICAB DRIVER LICENSE SUSPENSION HEARINGS 3.01 Wayne Rainey The appellant, Wayne Rainey, was not in attendance. Munger, to open for discussion the license suspension hearing for Wayne Rainey. Wayne Rainy was issued a Notice of Suspension after numerous letters were sent notifying Mr. Rainey that he must submit required information by April 1 st which he failed to do. Also, the employer listed by Mr. Rainey said the appellant no

2 MINUTES OF MEETING May 2, 2012 PAGE 2 longer is working for him. Mr. Rainey has not turned in his taxi license or provided proof of employment with a licensed taxi company as required and it is not known if he is still driving a taxicab. The appellant was not in attendance and there was no request for a continuance. Action: The Panel voted unanimously on a motion by Walt Decker, seconded by Jeff Munger, to revoke the taxi driver s license issued to Wayne Rainey Robert Stevens The appellant, Robert Stevens, was not in attendance. Robert Stevens was issued a Notice of Suspension because he did not provide requested information and his employer has indicated Mr. Stevens no longer works for him. A recent review of the licensee s record uncovered a record showing that in 1999 Mr. Steven was involved in a motor vehicle disturbance in Milton and pulled out a shotgun. The appellant was not in attendance and there was no request for a continuance. Action: The Panel voted unanimously on a motion by Walt Decker, seconded by Jeff Munger, to revoke the taxi driver s license issued to Robert Stevens. 4. TAXICAB DRIVER LICENSE CONDITION VIOLATION HEARING Munger, to open the violation hearing for Jason West for discussion Jason West Jason West was present for the hearing. Stacey Nelson, Dunwright Cab, was also in attendance. Individuals to give testimony were sworn in. Jason West has a history of poor driving and many aliases which have been cleared up. Since a taxi license was issued to Mr. West in September 2011 he received a ticket for violating a local traffic ordinance. The ticket was issued in October, 2011 and Mr. West s license was suspended in January 2012 and then reinstated one week after suspension. Mr. West did not notify the Taxi Administration Office of the suspension or reinstatement as required. A condition of his license was no new traffic offenses.

3 MINUTES OF MEETING May 2, 2012 PAGE 3 Jason West testified he changed employers from Green Cab to Dunwright Cab. Mr. West confirmed he did not notify the Taxi Administration Office of his license suspension. Mr. West explained he was issued a ticket for mistakenly going down St. Paul Street in Burlington when the road was closed though he thought the road was closed during the work day and reopened thereafter since the barriers were only on half of the road. Mr. West said he felt he should have received a warning from the police rather than a ticket and in protest waited until the very last minute to pay the ticket electronically. Mr. West said he was not aware his license was suspended until receiving the notice saying more money (reinstatement fee) was due and he quickly scrambled to send in the payment. Mr. West testified the traffic infraction was not negligence or lack of safety on his part and it is not his habit to go through Road Closed signs. Walt Decker pointed out instructions on the back of the ticket indicate that payment is due within 15 days or there is a box to check on the ticket to request a hearing with a hearing officer which would have avoided the violation hearing. Mr. West said he did not pay the ticket until he received notice his license would be suspended and then he responded. Mr. West said many of his bills are past due. Mr. West acknowledged he did not take advantage of the opportunity to be assigned a hearing officer. Vince Dober expressed concern for the lack of respect of the ordinance by Mr. West. Jason West assured he did not have a plan to not pay the ticket, but felt the ticket was unfair. Mr. West said he was aware it was beyond the point of going before a judge to adjudicate the matter. The fine was $217. It was not a question of respect for the order of the law or the state telling him how to drive, said Mr. West, but rather the feeling that the ticket should have been a warning. Vince Dober asked the appellant if he is clear that any violations must be reported. Mr. West said he thought the reporting was based on points. Mr. Dober urged the appellant to read and fully understand the taxi ordinance. Nikki Fuller stated the 2011 taxi ordinance is in effect until further notice. Per the ordinance if a license holder gets a violation that causes the number of points on a license to equal or exceed five points then the violation must be reported. Jeff Munger asked the time of day of the violation with the road closure. Jason West replied between 7:30 PM and 9 PM. Stacey Nelson, Dunwright Cab, commented the new ordinance seems to be designed to have better cabdrivers and though Jason West has had violations with driving, he is polite, intelligent, well spoken, and the kind of cabdriver that is wanted in the business. Mr. Nelson said he has five, hand-picked employees. Jason West disclosed he received another warning while picking up a passenger on the corner of Church Street and Main Street (a police officer was trying to move their vehicle and the taxi was blocking the way). Mr. West said he was called to a fare at the location and was unaware the police car was there. Mr. West

4 MINUTES OF MEETING May 2, 2012 PAGE 4 agreed the area was not a good place to park, but it was crowded in the vicinity and he had a passenger waiting to be picked up. Mr. West said he tried to communicate to the officer through the window that he had a fare, but the officer issued a warning anyway. Vince Dober pointed out contrary to Mr. West s opinion of not presenting a safety situation, Mr. West drove on a road that was not open and blocked a police officer from responding to a call. Mr. West countered that he was not blocking traffic and the officer was not responding to a call. Mr. West said he thought the matter through and wanted to express why he was there and did not feel it was acceptable that he was shoved along. Stacey Nelson added the officer was giving Mr. West a hard time because he thought the cab was there simply waiting for business. Nikki Fuller asked the number of hours Mr. West is working. Mr. West said he works 12 hours per night. Nikki Fuller commented communication goes a long way. Mr. West agreed and added he will be forthright about events with his driving record. Nikki Fuller stated the Panel will render a decision in writing. Action: The Panel voted unanimously on a motion by Vince Dober, seconded by Jeff Munger, to suspend the taxi driver license issued to Jason West for one day beginning 8 AM on May 25, 2012 and ending 8 AM on May 26, CONDITIONAL LICENSE REVIEW 5.01 Nathan Dunbar Nikki Fuller reported the record for Nathan Dunbar shows a theft of services charge in 2005 for which he served jail time. There have been no other violations since that time. Mr. Dunbar is driving for Green Cab. Munger, to approve a taxi driver license for Nathan Dunbar. 6. LICENSE CONDITION FOLLOW UP 6.01 Wanda Greenwood Nikki Fuller reported Wanda Greenwood is in compliance with the two conditions of approval for her taxi license, including having her vehicle inspected regularly (a recent oil leak was fixed) and submitting a physician s certificate within 90 days of the order. Per Ms. Greenwood s doctor her medical condition is controlled. Another certificate from Ms. Greenwood s doctor will be required with her license renewal application. Munger, to accept the submission of the physician s certificate stating Wanda Greenwood is fit to drive a taxicab and to accept that Ms. Greenwood s vehicle has been inspected and is acceptable for service.

5 MINUTES OF MEETING May 2, 2012 PAGE Michael Bloom Nikki Fuller reported Michael Bloom submitted a physician s certificate indicating he is fine to operate a taxicab. Action: The Panel voted unanimously on a motion by Vince Dober, seconded by Walt Decker, to accept the submission of the physician s certificate stating Michael Bloom is fit to drive a taxicab. 7. APPROVAL OF MINUTES 5.01 Taxi Licensing Appeals Panel Munger, to approve the Taxi Licensing Appeals Panel minutes for 04/11/12 pending review by Attorney Fuller. 8. OTHER BUSINESS None. 9. ADJOURNMENT Munger, to adjourn the Taxi License Appeals Panel meeting. The meeting was adjourned at 10:03 AM. RScty: MERiordan