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 July 30, 2014 APPROVED – 9/15/14 MEMBERS PRESENT: Jeff Munger (Chairman) Bill Keogh (Vice Chairman) Dennis Duffy MEMBERS NOT PRESENT: Norm Blais Max Tracy Tom Ayres LICENSE REVIEW/APPEALS PANEL: Jeff Munger, Airport Commission Bill Keogh, Airport Commission Lt. Dennis Duffy, Burlington Police Dept. ADMINISTRATION: Isaac Trombley, Taxi Administration Office STAFF ATTORNEY: Gregg Meyer, Assistant City Attorney OTHERS PRESENT: Reporter and camera operator with Fox 44 News Appellants: Mohamed Sheikh-Bile Stephen Hutchins Michael Edwards 1.0 CALL TO ORDER and AGENDA The meeting was opened at 1:23 PM on July 30, 2014. 1.01 Agenda Action: The Panel voted unanimously on a motion by Bill Keogh, seconded by Jeff Munger, to approve the agenda as presented. 2.0 CONSENT AGENDA 2.01 COMMUNICATIONS: Kristin Jones, Office Assistant, Burlington International Airport; Youness Jamil, Star Cab; Tsering Yeshi, Potalta Taxi, re: Complaint 2.02 COMMUNICATIONS: Kristin Jones, Office Assistant, Burlington International Airport; Michael Ashton, Airport Ambassador; Jassim Jassim, Champlain Taxi re: Complaint Action: The Board voted unanimously on a motion by Bill Keogh, seconded by Jeff Munger to accept the consent agenda as presented, take the action indicated and place the item(s) on file. 3.0 TAXI DRIVER DENIAL/APPEAL HEARINGS 3.01 Loretta Guarino No one appeared on behalf of the appeal. The appellant can contact the Taxi Administration to reschedule. MINUTES OF MEETING – July 30, 2014 PAGE 2 3.02 Mohamed Sheikh-Bile Mohamed Sheikh-Bile appeared on behalf of the appeal. Gregg Meyer explained the procedure to be followed, swore in individuals to provide testimony, and introduced the Taxi Appeal Panel. Background The appellant contends the denial of a taxi license was based on mistaken identity. Testimony Mohamed Skeikh-Bile testified his younger brother used his name and was pulled over while driving. Mr. Skeikh-Bile said he had his fingerprints and photo taken at the Burlington Police Department and was advised to secure a letter from the Criminal Center in Waterbury. A letter from Jeffrey Wallen, Vermont Crime Information Center, dated July 24, 2014, was submitted by the appellant. Lt. Duffy asked when the criminal history was run on the appellant and if the charges have in fact been cleared. Mr. Skeikh-Bile testified he was confused with his brother who is now in jail, and his background check is now clear. There was no further testimony. Lt. Duffy offered to verify that the criminal history has been cleared. Deliberation/Decision The Panel will issue a decision in writing. 3.03 Stephen Hutchins Stephen Hutchins appeared on behalf of the appeal. Gregg Meyer explained the procedure to be followed, swore in individuals to provide testimony, and introduced the Taxi Appeal Panel. Background The appellant was denied a taxi license. Testimony Stephen Hutchins testified he understands the responsibility of the Panel to look out for the public’s safety with regard to taxi operations and the concern for his criminal history. Mr. Hutchins said he spent 18 years in prison for a crime that occurred a long time ago and had ample opportunity and motivation during that time to look at his life and how he messed it up. During his time in prison, Mr. Hutchins said he was always involved in therapy, rehab programs and volunteerism to turn his life around, and came to the conclusion that marijuana is not a harmless drug based on what it did to his mind, purpose and ambition. Mr. Hutchins testified he does not use the drug, approve of the drug, or traffic the drug, and realizes the harm the drug did to his life and those around him which was very difficult to deal with. Equally as damaging, testified Mr. Hutchins, was his decision to consistently break serious laws of state and country that resulted in MINUTES OF MEETING – July 30, 2014 PAGE 3 having to keep secrets which was very corrosive over time to him, his family, and the authorities, and contracted his ability to reach out and do things to enjoy his life. Mr. Hutchins stated in his case prison turned him around and he has been out of prison for the past three years. Additionally, Judge Sessions released him early from probation for no longer being a risk of reoffending. Mr. Hutchins said for the last 24 years he has been under constant jurisdiction of government authorities and has taken numerous urinalysis tests, and since 1997 has not failed a test. Mr. Hutchins said he has family connections and is a grandfather, and until his license was revoked was a driver for Blazer Transportation. An appeal hearing was held to reinstate the taxi license with Blazer, but the Panel wanted to wait six months. Mr. Hutchins said since the time of the appeal hearing and for the past two years he has been a delivery driver (league driver for the company) driving 50 miles a day, five days a week, with no moving violations or accidents. Jeff Munger asked if taxi driving will supplement the delivery job. The appellant said he plans to start part-time with Green Cab and if he likes the work will cease the delivery driving job and work 30 hours per week driving for Green Cab. There were no further comments. Deliberation/Decision The Panel will issue a decision in writing. 3.04 Thomas Cilley No one appeared on behalf of the appeal. The appellant can contact the Taxi Administration to reschedule. 3.05 Michael Edwards Michael Edwards appeared on behalf of the appeal. Gregg Meyer explained the procedure to be followed, swore in individuals to provide testimony, and introduced the Taxi Appeal Panel. Background The appellant was denied a taxi license. Testimony Michael Edwards testified he was gainfully employed and enjoyed being a driver at Benways for the past year until the company closed a month ago. Mr. Edwards submitted a letter of recommendation from the owner of Benways. The letter speaks positively about his performance on the job for the past year. Jeff Munger asked why the taxi license was denied. Gregg Meyer explained there was a condition on the license which required Mr. Edwards to report to the Taxi Administration that his record is clean subsequent to being issued a license. Mr. Edwards said there was a misunderstanding that his record would be expunged in December 2013 when the actual date is December 2014. Isaac Trombley added MINUTES OF MEETING – July 30, 2014 PAGE 4 the condition on the license only allowed six months for a clean record which was not enough time with the December 2014 date. Jeff Munger asked Mr. Edwards if he has other employment since the closure of Benways. Mr. Edwards said he has been working for Green Cab. There were no further comments. Deliberation/Decision Gregg Meyer advised the Panel can have a condition on the license that says once the record is expunged Mr. Edwards is obligated to notify the Taxi Panel. The Panel will issue a decision in writing. Action: The Panel voted unanimously on a motion by Bill Keogh, seconded by Jeff Munger, to go into Executive Session. Executive Session was convened at 1:50 PM. Action: The Panel voted unanimously on a motion by Bill Keogh, seconded by Jeff Munger, to adjourn Executive Session and reconvene the regular meeting. The regular meeting reconvened at 1:53 PM. 4.0 MINUTES 4.01 Taxi Licensing Appeal Panel 6/25/14 Action: The Panel voted unanimously on a motion by Bill Keogh, seconded by Jeff Munger, to approve the minutes of June 25, 2014 as presented. 5.0 ADJOURNMENT Action: The Panel voted unanimously on a motion by Bill Keogh, seconded by Jeff Munger, to adjourn the meeting. The Taxi Appeals Panel meeting was adjourned at 1:54 PM. RScty: MERiordan