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

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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. MEMBERS PRESENT: BURLINGTON TAXI LICENSING APPEALS PANEL BURLINGTON INTERNATIONAL AIRPORT MINUTES OF MEETING August 8, 2013 MEMBERS NOT PRESENT: Jeff Munger Bill Keogh Cpl. Brent Navari Norm Blais Max Tracy LICENSE REVIEW/APPEALS PANEL: Jeff Munger, Airport Commission Bill Keogh, Airport Commission Cpl. Brent Navari, Burlington Police Dept. ADMINISTRATION: STAFF ATTORNEY: OTHERS PRESENT: APPROVED 8/28/13 Isaac Trombley, Taxi Administration Office Sheila Edwards, Airport Ambassador Gregg Meyer, Assistant City Attorney Appellant(s): Elwin Pierce Michael Edwards Chris Caravello Jason West Richard Cote 1.0 CALL TO ORDER and AGENDA The meeting was opened at 4 PM on August 8, Introductions were made Agenda Jeff Munger, to approve the agenda as presented. 2.0 TAXI DRIVER HEARING(S) The hearing process was explained. Individuals to give testimony were sworn in Edwin Pierce Edwin Pierce appeared on behalf of the hearing. Edwin Pierce, owner of C&L Taxi, was denied a taxi license due to two moving violations (speeding tickets on 6/21/13 and 7/2/13). The appellant indicated he had a taxi license in the past and is seeking renewal. Edwin Pierce testified one speeding ticket was in Waterbury on a Sunday morning at 8:30 AM traveling down a hill (travel speed was 52 mph in a 40 mph zone). The other ticket was in Woodstock going to Rochester where the speed limit decreases from 50 mph to 40 mph to 35 mph (travel speed was 46 mph in a 35

2 MINUTES OF MEETING August 8, 2013 PAGE 2 mph zone). Mr. Pierce said in the first case he was not watching the speedometer and in the second incident he was not paying attention to the speed limit signs. Jeff Munger asked if there was a fare in the vehicle when the speeding tickets occurred. Mr. Pierce confirmed there were passengers for both incidents, one needing a ride to the airport and another needing a ride in Woodstock. Mr. Munger asked Mr. Pierce if he brings people to Burlington Airport. Mr. Pierce said he does. His business operates out of Warren. Mr. Munger asked Mr. Pierce how long he has been driving a taxicab. Mr. Pierce said he has been driving in his own business since 1991 and before that was driving for BonVoyage taxi service. Bill Keogh asked the appellant the percentage of miles traveled in Burlington. Mr. Pierce said he was in Burlington last weekend five times. His taxi service is by appointment and about 60% to 70% is travel to the airport. There are three drivers in the business. Mr. Pierce said he also drives for insurance companies. Mr. Keogh asked the appellant to explain getting two tickets in one day and if the police have pulled him over since. Elwin Pierce reiterated he was not watching the speedometer or speed limit signs and has not been pulled over since getting the tickets. Mr. Keogh asked Mr. Pierce what he would do if one of his drivers got a speeding ticket. Mr. Pierce said he would advise the driver to be more careful and not get caught or there will be a reprimand. Mr. Keogh asked what assurances Mr. Pierce can give that he will not speed again. Mr. Pierce agreed he has to be careful. Mr. Keogh asked if other drivers in the business could serve clients at the airport if a taxi license is denied to Mr. Pierce. Edwin Pierce said that is possible, but one of the drivers does not drive at night and the other just had a baby. Cpl. Brent Navari asked if passengers ever ask the driver to hurry to the destination. Mr. Pierce said they do ask, but he will not comply. Cpl. Navari pointed out that the appellant exceeded the speed limit more in the second ticket than the first and needs to make more time for travel to avoid speeding. Going 10 miles over the speed limit only cuts a minute off the travel time which is not worth the consequences. Cpl. Navari noted Mr. Pierce received a ticket on August 1, 2010 and two on May 30, Cpl. Navari asked if there are any other infractions. Mr. Pierce said he did get a ticket two or three years ago for speeding. There was no further testimony. Jeff Munger, to grant a taxi license to Edwin Pierce with the following conditions: Six month probation; Submittal of a DMV record check in six months Michael Edwards Michael Edwards appeared on behalf of the hearing. Sheila Edwards left the hearing.

3 MINUTES OF MEETING August 8, 2013 PAGE 3 Michael Edwards was denied a taxi license due to two misdemeanor criminal convictions for false pretenses, several moving violations leading up to 2011 (license plate infraction, speeding with a commercial vehicle, basic rule infractions), and a license suspension. The appellant said he drove for Morf Transit in 2012 and is seeking renewal of his taxi license. In 2011 the appellant had four moving violations and in 2012 had the convictions, but the taxi license application completed by the appellant says there are no violations of federal, state or local laws. Michael Edwards testified he has been driving for companies since 2005, first as an installer of Satellite TV for five years then driving tow trucks and now taxicabs. Mr. Edwards admitted he associated with the wrong group of people last year and got into trouble, but accepts responsibility for his actions and is trying to move forward. Mr. Edwards explained he helped an acquaintance sell tickets for the Brewfest event in Burlington when the tickets were not valid. Mr. Edwards said he did not know the tickets were invalid and when he found out he could not find his acquaintance. Mr. Edwards said the police caught him selling the tickets. Approximately $600 was split with his acquaintance. Mr. Edwards said at the time he did not have a job and used the money to pay rent and other bills. Mr. Edwards said he is in the process of paying back the money. Gregg Meyer noted the sentence for the crime was deferred. Mr. Edwards said he accepted a deal where he pays back the money and does community service and next year if all is completed his record will be expunged. Bill Keogh asked what the community service entails. Mr. Edwards said he has 80 hours left on the 100 hours required. The service entails working with the Richmond Highway Department raking leaves and picking up grass. Jeff Munger noted the application indicates Mr. Edwards had a taxi license with Morf Transit in Michael Edwards explained he did not and does not have a taxi license. The application was completed by someone at Morf Transit and he was told to just sign the paperwork. Gregg Meyer asked if Morf Transit is aware of Mr. Edwards convictions. Mr. Edwards said he told the company everything. A person named Tracey hired him and filled out the paperwork, saying she did not think the convictions would be a problem and she would write see me on the application and talk to someone at the taxi office. Mr. Edwards said he did not read the completed application, but just signed it as he was told. Jeff Munger pointed out Morf Transit is saying Mr. Edwards had a license within the last three years and Mr. Edwards is saying he did not have a license. Mr. Edwards confirmed this. Gregg Meyer asked Mr. Edwards how he came to work for Morf Transit. Mr. Edwards said a friend, Joe Wright, worked there in the past and said it was a good place to work. Mr. Meyer asked about the license suspension in June, Mr.

4 MINUTES OF MEETING August 8, 2013 PAGE 4 Edwards explained he got a ticket while going to the DMV to get license plates for his new car. The officer said to bring the registration to the police department by the end of the day and the ticket would be dismissed. Mr. Edwards said he did that and thought the ticket was dismissed, but farther down the road he was pulled over and the officer said his license was suspended. Mr. Edwards said the incident occurred on a Friday and on Monday he went to the DMV and paid the ticket and reinstatement fee to get his license back. Cpl. Navari asked if there is a receipt for the payments. Mr. Edwards said he did not get a receipt. Gregg Meyer asked about the second time Mr. Edwards was pulled over by the police. Mr. Edwards said the officer was checking license plates and saw his license was suspended. There was no further testimony. The Panel entered deliberative session to discuss the case. Jeff Munger, to sustain the denial of a taxi license for Michael Edwards Chris Caravello Chris Caravello appeared on behalf of the hearing and submitted a letter from the owner and night supervisor at Dunwright Taxi on his behalf. The Taxi Appeals Panel will consider the letter as part of the record. Chris Caravello was denied a taxi license due to three moving violations within a year (November 2012, March 2013, June 2013). The appellant indicated he is driving for Dunwright Taxi. Chris Caravello testified he understands why he was ticketed and acknowledges fault, but he considers himself to be an attentive and safe driver who made a mistake and got a speeding ticket. Mr. Caravello said he drove for Yellow Cab from and did not get a ticket. Mr. Caravello assured he takes the safety of his passengers and the public seriously. Mr. Caravello said driving a taxi is one of a few jobs he holds and the majority of his bills are paid with the income from driving taxi. Mr. Caravello asked for another chance to make improvements and strive not to be in this position again. Bill Keogh commented to Mr. Caravello that driving is his livelihood yet he has three speeding tickets in the past six months. Mr. Caravello said it was not intentional, but more losing focus and talking to passengers. The last ticket was on Airport Parkway where the speed limit decreases from 35 mph to 25 mph. Mr. Caravello said it was raining torrentially and he did not notice the sign. Cpl. Navari pointed out speed limits are recommended for conditions in dry weather otherwise it is up to the officer to determine if the speed was safe for conditions. Mr. Caravello said when he worked for a catering company as the main driver of U-Haul and rental trucks traveling to Massachusetts for shows there were many hours of driving in rain and snowy conditions and no tickets. The appellant

5 MINUTES OF MEETING August 8, 2013 PAGE 5 assured he has a good grasp on car driving and safety and is observant of making his customers feel safe by following speed limits, not tailgating, using signals, and noticing pedestrians, especially jaywalkers. Bill Keogh asked Mr. Caravello how he can convince the Taxi Panel that he will not get a speeding ticket in the next six months. Mr. Caravello said he gives his word, his promise. Also, his boss is not happy about the increase in insurance and has said that another ticket could result in loss of the job. Cpl. Navari asked Mr. Caravello how many written warnings he has received in the past year and for what infraction. Mr. Caravello said he has received three warnings, one for a wrong turn out of Price Chopper due to changes in the lanes, one for going over 55 mph in a 50 mph zone in Shelburne, and one for doing 33 mph in a 25 mph on St. Paul Street while coasting down the hill. Mr. Caravello said he did not realize the speed limit was reduced to 25 mph on St. Paul Street. Cpl. Navari said for the most part the speed limit in the city is 25 mph unless posted differently. Chris Caravello apologized to the city for his lapses in focus and said if given another chance he will not let that happen again. There was no further testimony. The Panel entered deliberative session to discuss the case. Jeff Munger, to grant a taxi license to Chris Caravello with the following condition: Submittal of a DMV record check in six months Jason West Jason West appeared on behalf of the hearing. Jason West was denied a taxi license due to disorderly conduct and simple assault convictions as well as a local excessive speed ticket involving an accident. The appellant in the narrative of the application blames the driver in front of him for stopping too quickly. Jason West recalled his appearances before the Taxi Appeals Panel in the last couple of years to discuss how to improve his driving and have fewer infractions and that he has not had a single traffic stop until the accident on Lakeshore Drive at 7:30 AM by Bayside. The ticket is directly related to the accident. Mr. West admitted to traveling too close to the car in front of him when the car stopped abruptly and for no reason. Mr. West said the driver was brake checking. There was no one in front of the car and all the vehicles in line were traveling at or below the 25 mph speed limit during the morning commuter traffic. Mr. West said

6 MINUTES OF MEETING August 8, 2013 PAGE 6 he was traveling at no faster than 22 mph. Mr. West said he has also switched to day driving where there is more traffic and driving during the day. Cpl. Navari asked Mr. West how many written warnings and tickets he has received. Mr. West said he has no warnings and only one ticket. Cpl. Navari asked if a ticket was issued for driving too close which is three points on an operator s license. Mr. West said the ticket was for excessive speed based on the conditions. Mr. West said he was traveling at the same speed as the other cars in the traffic line, but did not leave enough distance from the car in front. Jason West again admitted his mistake and assured he is working to not repeat his error and to be a better driver. There have been no other incidents in the past year. Mr. West announced this is the ninth day after quitting smoking for the past 20 years. There was no further testimony. The Panel entered deliberative session to discuss the case. Jeff Munger, to grant a taxi license to Jason West with the following conditions: Six month probation; Submittal of a DMV record check in six months; A hearing before the Taxi Appeals Panel will be called if there are any further moving violations Richard Cote Richard Cote appeared on behalf of the hearing. Richard Cote was denied a taxi license due to a negligent operation conviction in August 2010 and a DUI in 1985 and in Mr. Cote s Vermont operator s license was suspended twice for the DUIs. The appellant has completed alcohol and drug screening. The appellant indicated he had a taxi license in November The taxi license application was processed as a new application. The applicant indicated he has not operated with a taxi license in the past three years and was denied in 2011 based on the DUI and negligent operation convictions. Richard Cote testified he has been coming to the airport since 1990 with his taxi business, but has not been a driver himself for the past three years. Mr. Cote admitted to having an alcohol problem three years ago and taking responsibility for his actions. Mr. Cote said he completed alcohol counseling and has not had a drink in three years, recognizing the potential risk to his business if he continued drinking. Mr. Cote offered to provide the name of his alcohol counselor. Mr. Cote said he is short on drivers and needs to do a lot of driving himself now and come to the airport.

7 MINUTES OF MEETING August 8, 2013 PAGE 7 Cpl. Navari asked about the negligent operation conviction in Mr. Cote explained he had a DUI reduced to negligent operation in his hometown of Morrisville. Cpl. Navari pointed out the application indicates there have been no convictions. Mr. Cote said he thought he had checked the correct box. Gregg Meyer noted the applicant did indicate the DUI on Page 1 of the application. Cpl. Navari asked Mr. Cote if he has any written warnings. Mr. Cote said he does not. Bill Keogh asked Mr. Cote if he completed alcohol rehabilitation. Mr. Cote said he went to alcohol counseling (Sean Phillips was his counselor), did community service for 10 days (mowing lawns), completed CRASH, and met with the reparative board in Morrisville. Jeff Munger asked about other drivers in the appellant s business (Richard s Limousine Service LTD) and if most of the work is in the Morrisville area. Mr. Cote said he serves the Stowe-Morrisville area, but also goes other places, such as Plattsburgh or Burlington. Presently there is only one other driver who is part time who is licensed to come to the airport. Richard Cote stated it is important to him to get his taxi license back and that he recognizes his mistakes in the past. Mr. Cote said he will do whatever is necessary to rectify the matter. There was no further testimony. The Panel entered deliberative session to discuss the case. Jeff Munger, to grant a taxi license to Richard Cote. 3.0 COMPLAINT 3.01 Customer Complaint, Colleen Gower-Aube The Taxi Appeals Panel reviewed the complaint from Colleen Gower-Aube about a rude taxi driver making comments about people with Medicaid vouchers for rides. Ms. Gower-Aube did not get the driver s name or badge number. Jeff Munger noted the customer is not willing to attend a brief hearing on the matter. Mr. Munger suggested a copy of the complaint with the complainant s name and address redacted be sent to Wanda Robar of Benways Taxi. Jeff Munger, to accept the complaint letter, place the letter on file and send a redacted copy to Wanda Robar of Benways Taxi. 4.0 APPROVAL OF MINUTES 4.01 June 11, 2013 Jeff Munger, to approve the minutes of 6/11/13 as presented.

8 MINUTES OF MEETING August 8, 2013 PAGE ADJOURNMENT Jeff Munger, to adjourn the meeting. The meeting was adjourned at 5:25 PM. RScty: MERiordan