Vehicle for Hire Licensing Board

Regular Meeting

Burlington, VT · May 30, 2024

Minutes

BURLINGTON VEHICLE FOR HIRE LICENSING BOARD QUEEN CITY ROOM, 3RD FLOOR, CITY HALL, 149 CHURCH ST. BURLINGTON, VT 05401 OR REMOTELY VIA ZOOM. MINUTES OF MEETING May 30, 2024 Draft Members present: Paul Hines (Chair) Youness Jamil Stephen Hamlin Also present: Hayley McClenahan Tenzin Chokden Meeting start time: 5:43 PM 1. Agenda 1. Agenda Stephen Hamlin made the motion to accept the agenda, seconded by Youness Jamil. Approved unanimously. 2. Previous Minutes 2. Previous Minutes Paul Hines noted an error in the last paragraph under Discussion for other updates to be corrected from “The Muhaideen” to “Mr. Muhaideen”. Tenzin Chokden said he will correct. Stephen Hamlin made the motion to accept the amended previous minutes, seconded by Youness Jamil. Approved unanimously. 3. Public Forum 3. Public Forum No members of the public commented. 4. Communications 4. Communications 4.1. Andrew Peissig Taxi Complaint Andrew Peissig stated that he frequently travels from the Burlington Airport. He said in pre-pandemic times taxis were straightforward, with airport fees and metered rates. Over the past 18 months, he has consistently experienced taxi drivers at the airport not using their meters. They have had negotiations over the fee or even been told upfront that it will be 35 dollars. He thought maybe he was unaware of the change in taxi policies. This issue has been consistent, with him traveling from the airport four times this year. He has had friends with similar experiences. He requested that taxis start using the meters again. Stephen Hamlin asked: when was the last time he took a cab from the airport? Andrew Peissig replied: May 11, 2024. Paul Hines added that the meter rates have been updated and an ordinance change is being discussed to make it mandatory to use the meter when giving rides from the airport. If the passenger didn't agree to a rate before entering the vehicle, the driver should have been required to use the meter rate. He asked if there was a specific trip in which Andrew had experienced a driver not using a meter. Andrew Peissig stated he has receipts from three taxi companies recently from his email receipts record. Paul Hines informed Andrew that a specific date, like May 11th, would be beneficial for holding a hearing, as the board is aware of the issue and is working on amending the ordinance. Andrew Peissig acknowledges Paul's support and urges the board to address this issue in the future. Youness Jamil asked Andrew Peissig if he could give more information on the name of the cab company, time the ride was taken, color of the vehicle, or name of the driver. Andrew Peissig doesn’t remember the company’s name or color but stated it was a female cab driver and it was at 7:00 p.m. Youness Jamil said there is only one female driver who operates at the airport queue line and he knows her. 4.2. Complaints against Abdi Dhere The board discussed the two statements from the two drivers at the airport regarding Abdi Dhere skipping the queue line and taking customers from them. Abdi Dhere was not present at the meeting. Paul Hines asked Hayley McClenahan if there was a violation of the airport rules. Hayley McClenahan confirmed and the board can deliberate on this matter in deliberation session. 5. Hearings 5. Hearings 5.1. Airport Winooski Cab - Abdi Dhere Abdi Dhere was not present for the hearing. Paul Hines asked if the board could proceed with the hearing with just the complainant who was present. Hayley McClenahan confirmed the board can proceed, as notices were sent to both parties. Tenzin Chokden said that both parties were sent email notices by certified mail on May 21, 2024. The certified mail sent to Abdi Dhere was refused by the addressee on May 23, 2024. The complainant, Muhaideen Batah, was sworn in by Hayley McClenahan. Muhaideen Batah first encountered Abdi Dhere at the Winooski post office, where Abdi Dhere came in and started cursing at him. Paul Hines asked if he had known Abdi before. Muhaideen Batah said he knew Abdi when he used to work in the taxi business. He described the incident in the airport men’s restroom between him and Abdi Dhere as stated in the police report attached in the agenda packet. Paul Hines told Muhaideen Batah he appreciated him coming to the hearing. 6. Deliberative Session 6. Deliberative Session The board entered the deliberative session at 18:05. The board ended the deliberative session at 18:21. 7. New Business 7. New Business Youness Jamil reported that some drivers are unhappy with the updated metered rates as of April 15th, as they are struggling to cover insurance costs and are complaining about inflation. Some drivers refuse to use meters and charge flat-rate fees, sometimes having only one customer in four hours for approximately $20. Paul Hines' understanding of December rates compared to other cities is that our new rates are slightly higher, with more money going to drivers. However, he acknowledges insufficient business due to customer’s bad experiences. Youness Jamil acknowledges the slow taxi business at the airport due to its bad reputation and observes families opting for pick-up instead of taxis. Stephen Hamlin stated that people can now post on websites and arrange their pick-up instead of taking a cab. Paul Hines stated the new rates set in April are good and stated that there's no need to alter rates, but rather there is a need to enhance the overall experience. Youness Jamil is doing well in his business, but he also addresses the struggles of other drivers who are leaving or are considering leaving. Youness Jamil commented Blazer Transportation has been criticized for not using their meters by other drivers. Paul Hines reported using a Blazer Transportation cab today, with a meter being used for his trip. Paul Hines shared that Councilor Barlow will present the ordinance changes drafted by Hayley McClenahan at the next TEUC meeting on June 11, 2024. Hayley McClenahan gave an update that the TEUC committee's review is scheduled for June 11th, followed by the city council's decision on whether to proceed with the necessary meter piece at the airport. The next meeting will be on July 2nd. 8. Adjournment 8. Adjournment 8.1. Motion to adjourn Stephen Hamlin motioned to approve. Youness Jamil seconded. Approved unanimously. The meeting ended at 6:32 p.m.

Agenda

Packet

Vehicle for Hire Licensing Board Thursday, May 30, 2024, 5:30 PM, Queen City Room, 3rd Floor, City Hall, 149 Church St. Burlington, VT 05401 Or Remotely via Zoom. Join Zoom Meeting https://zoom.us/j/95242358723?pwd=YzVWeEVTbG1uZ01RS1dYanp6YUpoZz09 Meeting ID: 952 4235 8723 Passcode: 712462 --- One tap mobile +13052241968,,95242358723#,,,,*712462# US +13092053325,,95242358723#,,,,*712462# US --- Dial by your location • +1 305 224 1968 US • +1 309 205 3325 US • +1 312 626 6799 US (Chicago) • +1 646 931 3860 US • +1 929 205 6099 US (New York) • +1 301 715 8592 US (Washington DC) • +1 507 473 4847 US • +1 564 217 2000 US • +1 669 444 9171 US • +1 669 900 6833 US (San Jose) • +1 689 278 1000 US • +1 719 359 4580 US • +1 253 205 0468 US • +1 253 215 8782 US (Tacoma) • +1 346 248 7799 US (Houston) • +1 360 209 5623 US • +1 386 347 5053 US Meeting ID: 952 4235 8723 Passcode: 712462 Find your local number: https://zoom.us/u/abZyL0yDe Page 1 of 16 1. Agenda 1.1. Motion to amend/adopt agenda File Attachments 2. Previous Minutes 2.1. Approval of Previous Minutes 3. Public Forum 3.1. PUBLIC FORUM - Verbal Comments 4. Communications 4.1. Andrew Peissig Taxi Complaint 4.2. Complaints against Abdi Dhere 5. Hearings 5.1. Airport Winooski Cab - Abdi Dhere 6. Deliberative Session 6.1. Deliberative Session 7. New Business 7.1. New Business 8. Adjournment 8.1. Motion to adjourn Page 2 of 16 BURLINGTON VEHICLE FOR HIRE LICENSING BOARD SHARON BUSHOR ROOM, CITY HALL, 149 CHURCH ST. BURLINGTON, VT 05401 OR REMOTELY VIA ZOOM. MINUTES OF MEETING April 30, 2024 Present: Paul Hines, Stephen Hamlin, Youness Jamil Also present: Hayley McClenahan, Tenzin Chokden Meeting start time: 5:32 PM 1. Agenda 1. Agenda Motion to accept the agenda by Stephen Hamlin, seconded by Youness Jamil. Approved unanimously. 2. Previous Minutes Motion to accept the previous minutes by Stephen Hamlin, seconded by Youness Jamil. Approved unanimously. 3. Public Forum No members of the public commented. 4. Hearings 4. Hearings: JDs Taxi Hayley McClenahan swore in Gary Margolis, the complainant, and Josic Slobodan, the owner/driver of the company. Gary Margolis stated that he had taken a cab home from the Burlington airport late one night and checked out the website. He would generally like to understand how much a taxi will cost to return home to Shelburne and read the process. According to information on the meter rate on the website, it should have cost about $20 and ended up being $40 for 7.5 miles. What he read online at the time was that meters were the way the fees were calculated. The driver, while certainly pleasant enough, explained to him that the meter wasn't working and that they were using a zone system. He couldn't find anything about that online, but was told that a ride to Shelburne is automatically $40. He said it was late at night, maybe after midnight at that point, and he paid the $40 but just wasn't satisfied that that's what the fee should have been. His understanding was that taxis needed to have working meters, and again, he could find nothing about zones. When he did raise the issue during the ride, the driver responded that he had already accepted the fare because he was driving away at that point. Youness Jamil asked: when did the ride occur and was the price negotiated before he entered the cab? Page 3 of 16 Gary Margolis answered that he took the cab ride on February 7, 2024. He does not remember if the vehicle had already moved by the time the fare was stated or otherwise, but he remembers the meter didn't work. When the car drove off, he complained about it. He thinks he started this conversation once the vehicle began moving, when he started to realize that something wasn't right. Youness Jamil asked Gary if he had ever taken a taxi cab from the airport to Shelburne before for $20. Gary Margolis responded that the fare was roughly calculated according to rates posted on the website. He had since taken a taxi cab and now knows to ask if the meter is working before getting in a cab and he has paid around $25 but not $40 since the last ride. Josic Slobodan told the complainant it would be $40 for the ride and the complainant said he didn't have time to wait and had to go. On reaching the destination, the complainant was surprised by the price of the trip. He told the board that his meter was broken and no one in town serviced the meter. The meter is now repaired and calibrated to the new price and he would be happy to use his meter and offer a refund if desired. Gary Margolis stated that he is not seeking compensation from the driver and wants to bring the matter before the board to investigate what is happening with the airport taxi service. The board will deliberate on this hearing and a decision notice will be sent by mail. 5. Deliberative Session 5. Deliberative Session The board entered a deliberative session at 5:53 PM and ended at 6:00 PM. 6. Discussion of the new rates 6. Discussion of the new rates Youness Jamil suggested adding another third and fourth meter rate, especially for long-distance rides because he feels like the drivers should get compensation for their time when they agreed to pick up a customer at a certain time and wait for the customer to come out of the airport. Paul Hines stated that the new rates have time and distance elements incorporated. He asked Youness Jamil if that was not sufficient enough. Youness Jamil replied it is sufficient for short distances that are local but not for long distances. Paul Hines questioned if that’s in the board’s purview. Stephen Hamlin said if a ride originated from the airport then it certainly is. Paul Hines has been working with Councilor Barlow to add to the ordinance to require all taxis to use taxi meters if they are operating from a taxi stand. He suggested instead of using a complicated rate system for long distances, why not set a boundary of distance for taxis to use their meters and if they go above the distance then it’s up to the drivers. Hayley McClenahan said that if the ordinance is to be updated to require the use of meters at airport pick- ups, some reasonable parameters need to be set about that. Youness Jamil asked if a taxi from another city that drops off passengers at the airport requires a license from the City of Burlington. Page 4 of 16 Hayley McClenahan said that they are not required to get a license. The board discussed setting a distance between 50 – 60 miles and will revisit this at the next meeting. 7. Discussion of signage at the airport 7. Discussion of signage at the airport Paul Hines wanted to make sure we have been communicating with the airport on signage on the new rates. Youness Jamil said he saw new signs with new meter rates and passenger bills of rights posted on the booth at the taxi queue line. 8. Discussion for other updates 8. Discussion for other updates Paul Hines shared an update that he had discussed with Councilor Barlow on updating two items on the ordinance. The first one is requiring taxis to use rates from the airport queue line and will add discussion on the distance limit of 50 miles. The second is requiring drivers to accept credit card payments. Youness Jamil suggested finding another member on this board to meet a quorum if one of the members is out because it takes three members to meet a quorum. Hayley McClenahan stated that Councilor Barlow's request on credit card requirements is under internal review. Tenzin shared that over 30 taxi vehicles have been calibrated to new meter rates and thanked Byron for all his help. Byron has also trained Youness Jamil and Yacine from Nation Cab to calibrate meters and they are now both certified. Youness Jamil asked if the board had a meeting on an incident that happened at the airport between Abdi Dhere and Muhaideen Batah, a ramp agent at the airport. He also heard that Abdi Dhere was recently arrested and failed to show up at a court hearing. Tenzin, upon receiving a formal complaint from the Muhaideen, will inquire further about Abdi Dhere and seek a hearing. 9. Adjournment 9. Adjournment 9.1. Motion to adjourn Motion to adjourn the meeting by Stephen Hamlin, seconded by Youness Jamil. Approved unanimously. The meeting was adjourned at 6:40 PM. Page 5 of 16 Page 6 of 16 Page 7 of 16 Page 8 of 16 Page 9 of 16 Page 10 of 16 Public Records Request Pursuant to 1 V.S.A. § 310-320, I, Tenzin Chokden _____________________________________, am requesting the following records from the Burlington Police Department: Copy of report 24BU000967 involving Muhaideen Batah and Abdi Dhere DOB 01/01/66 Request Date: 05/14/24 Please clarify or explain your request if necessary: You have the right to appeal a determination that a record is exempt to the agency head, pursuant to 1 VSA § 318. Such an appeal will be decided within 5 business days of the receipt of your appeal. If you are aggrieved by a denial by the agency head, you may then appeal to the superior court pursuant to 1 VSA §319. If you need assistance please contact the Records Department via phone (802)540-2370 or email recordsgroup@bpdvt.org. RECORDS USE ONLY This record is redacted ___________ on _____ 05/15/24 ________________________ by RAK _________________. The reasons for redaction, narrowing, or denial are that releasing these records: Could reasonably be expected to interfere with enforcement proceedings Would deprive a person of a right to a fair trial or an impartial adjudication X Could reasonably be expected to constitute an unwarranted invasion of personal privacy Could reasonably be expected to disclose the identity of a confidential source Would disclose police techniques and procedures, risking circumvention of the law Could reasonably be expected to endanger the life or physical safety of any individual  Other: Page 11 of 16 Records Request Summary Ticket Number : 30429 Wednesday, May 15, 2024 Requestor Information Ticket Information Requestor Name Chokden, Tenzin Ticket Description Records Request Form Requestor Email SMTP: Subject Description General Incident(s) Request {tchokden@burlingtonvt.gov} tchokden@burlingtonvt.gov Incident Number 24BU000967 Callback Number 802-865-7019 Open Date and Time 5/14/2024 11:43:05 AM Involved Parties Additional Information: To provide proof at the Vehicle for Hire Party #1 Dhere, Abdi Licensing Board hearing next week, I need a police report on an incident that Muhaideen reported involving Abdi Dhere at Burlington Party #2 Batah, Muhaideen Airport. Technician Information Requester Business/Agency: City of Burlington Party #1 DOB: Sat, 1966-01-01 Technician Name Rachel Kahlig Party #2 DOB: 802-540-2370 Incident Number: 24BU000967 Phone Requester Name: Chokden, Tenzin Requester DOB: Requester Phone Number: 802-865-7019 Requester Email Address: tchokden@burlingtonvt.gov Page 1 of 1 Page 12 of 16 24BU000967: Threats/Harassment Incident Detail - : 261: Thayer, Lee R Incident Number: 24BU000967 Call Time: 2024-01-13 20:05:55 -0500 Call Type: Threats/Harassment Primary Ofc.: 261: Thayer, Lee R Owner.: 261: Thayer, Lee R Occurred From Occurred To Invest./Primary Officer 01/13/2024 20:05 01/13/2024 20:05 261: Thayer, Lee R Attachment Description Uploaded at Employee name Confidential SVU Contact Alcohol 911 Call Medical Audio DCF Crisis SIU TRO/FRO Involved Exists Release Recordings Notified Svc Swabbings Contacted Exists Involved Video Photos Prints Clothing K9 Miranda Other Crime Lpr Recordings Taken Lifted Diagrams Evidence Warning Evidence Scene Used Processed Evid. Search Conducted Physical Evidence Media/Press Summary Secondary call type Page 13 of 16 1 of 3 5/15/2024, 09:03 24BU000967: Threats/Harassment Violation Offense Cat Offense SubCat NIBRS Vio Type Counts #Premises Comm/Att IBR Scene/Loc Typ IBR Crim Act Typ IBR Gang Affil IBR Agg.Aslt/Hom. IBR Weapon Type NIBRS Override Point Of Entry Force/No Force Point of Exit Campus Code Justifiable Homicide Significant Event Page 14 of 16 2 of 3 5/15/2024, 09:03 24BU000967: Threats/Harassment Narrative Type Officer Narrative Template Report Confidential Narrative On the above date and time, I was on duty at the Burlington International Airport and was on the second floor mezzanine assisting with an unrelated incident when a male subject on the first floor exited the men's restroom and began yelling that he was just threatened by a cab driver while using the bathroom. I met with the complainant, identified as American Airlines employee Muhaideen Batah( ). Batah advised that he was using the men's bathroom on the first floor and was using the urinal when a subject he knew from previous interactions, subsequently identified as Abdi Dhere (1/1/66), approached him without provocation and began verbally harassing and threatening him. Batah advised that nothing physical in nature occurred and he left the men's restroom. I found that Batah was in an emotionally excited state and there was a language barrier present. I asked Batah to point out Dhere for me so that I could speak with him about the incident. I followed Batah into the male restroom, where I briefly spoke with cab driver . advised that he was in the bathroom during the incident and heard the yelling, but advised that he wasn't certain what was being yelled or who the primary aggressor was. I followed Batah outside, where he located Dhere in the taxi lane, assisting customers in loading luggage into his vehicle. There was a language barrier present when speaking with Dhere. Dhere acted confused and advised that there was no issue between himself and Batah. I advised both Dhere and Batah to stay away from each other to avoid further issues. Batah indicated that the cause of the dispute may be an old court case which both he and Dhere were involved in. I subsequently spoke with several airport ambassadors on duty at the time. The ambassadors advised that Dhere causes frequent issues with other cab drivers and employees while performing his job at the airport. The ambassadors advised that Dhere was recently suspended for racist comments toward another cab driver. They advised that Dhere was suspended for approximately 9 months, but was recently allowed to resume business operations at the airport. Batah advised that he would be filing complaints about Dhere with the airport administration and the taxi commission. No further action taken. Offense Suspect Offense Victim IBR Victim-Offender Bias/Motivation (anti) V. was LEO V was LEO Assignment Other ORI LEOKA Narrative Page 15 of 16 3 of 3 5/15/2024, 09:03 Page 16 of 16