“Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 39 §23B, and
City Ordinance Sections 2-2028 through 2-2033.”
A Regular Meeting of the City Council held in the Council Chamber on Thursday, May 24, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on May 18, 2012 at 8:46 A.M. This meeting is being taped and is live on S.A.T.V.
Councillor Furey arrived at 7:20 P.M. and Councillor Ryan arrived at 7:45 P.M.
Council President Lovely presided.
Councillor O’Keefe moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Lovely requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
1. Barry Neely – 15 Lynde St., Salem – Taxi Ordinance
(#245) – APPOINTMENT TO COMMISSION ON DISABILITIES
Held from last meeting Mayor’s appt. Jennifer Barz-Snell to serve on the Commission on Disabilities with a term to expire on February 1, 2013, was confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Carr, O’Keefe, McCarthy, Prevey, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative. Councillors Furey and Ryan were recorded as absent.
#322 – APPOINTMENT TO BEAUTIFICATION COMMITTEE
The Mayor’s appointment of Barbara Sirois to serve on the Beautification Committee with a term to expire on June 1, 2015, was held until the next meeting of June 14, 2012.
#323 – APPOINTMENT TO CEMETERY COMMISSION
The Mayor’s appointment of Anthony C. O’Donnell to serve on the Cemetery Commission with a term to expire on February 1, 2013, was held until the next meeting of June 14, 2012.
#324 - CONSTABLE
The Mayor’s reappointment of Constance M. Sorenson to serve as a Constable with a term to expire on April 23, 2015, was received and placed on file.
#325 – APPROPRIATION TO VETERANS BENEFITS
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Veterans Benefits” account in accordance with the recommendation of Her Honor the Mayor.
#326 – DONATION FROM ABBY BURNS TO PURCHASE MEMORIAL BENCH
The following Order recommended by the Mayor was adopted.
ORDERED: To accept the donation from Abby Burns in the amount of One Thousand Eight Hundred Dollars ($1,800.00) to purchase a memorial bench at the Salem Common. These funds will be deposited into the Recreation Donation Fund account in accordance with the recommendation of Her Honor the Mayor.
#327 – RESOLUTION IN SUPPORT OF MAIN STREET FAIRNESS COALITION
The following Resolution recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
RESOLUTION:
WHEREAS the Massachusetts sales tax is 6.25% of the sales price or rental charge of tangible
personal property or certain telecommunications services sold or rented in the Commonwealth;
WHEREAS the sales tax generally is paid to the vendor as an addition to the purchase price with the
buyer paying the sales tax to the vendor at the time of purchase, and the vendor then remits the tax to
the Commonwealth;
WHEREAS a 1992 United States Supreme Court ruling in the Quill v. North Dakota case prohibits states from requiring retailers without a physical presence in the state to collect sales tax on their behalf;
WHEREAS Amazon, Overstock, and other online only giants, relying upon the Quill decision, do not currently collect and remit sales tax from Massachusetts residents on their purchases to the
Commonwealth;
WHEREAS online-only retailers are not collecting sales tax at the point of purchase despite the fact
that the tax is still due;
WHEREAS our local small brick-and-mortar businesses suffer from the exploitation of a massive tax loophole and operate at a significant 6.25% price disadvantage to out-of-state, online businesses,
leading to fewer sales at our local stores that contribute so much to our community;
WHEREAS our local businesses support our civic organizations, sponsor our Little League teams, our soccer, Pop Warner and hockey teams, our cheerleading squads, our Fourth of July celebrations, our Councils on Aging, our summer camps and other like community causes;
WHEREAS our local merchants employ our families, friends and neighbors and provide important
teenage jobs for our youth and are engaged and contributing members of our community;
WHEREAS by circumventing sales tax collection on purchases, online merchants are able to undercut
the total price of identical products and profit through an unfair advantage over local brick-and-mortar retailers that have a presence in our community;
WHEREAS states are moving aggressively to specifically eliminate loopholes in the law exploited by
remote sellers that structure their operations in ways to avoid their obligation to collect and remit the
sales tax;
WHEREAS the estimated sales tax loss in the Commonwealth of Massachusetts for FY2012 resulting
from the online only sellers refusal to collect sales tax on purchases made by Massachusetts residents
was projected to be $335 million in uncollected sales tax revenues and
WHEREAS the Retailers Association of Massachusetts has initiated a grassroots effort of downtown retailers, municipal officials, local business groups, public policy advocacy organizations and private
citizens from across the Commonwealth of Massachusetts called the Main Street Fairness Coalition,
who are fighting to restore sales tax fairness and end the abuses of giant on-line only sellers that are devastating our downtown merchants and stores;
NOW THEREFORE BE IT RESOLVED:
That the City Council of the City of Salem, Massachusetts declares that said City endorses the work
of and becomes a member of the Massachusetts Main Street Fairness Coalition.
#328 – MAYOR SUBMITTING FISCAL YEAR 2013 BUDGET
A communication from the Mayor submitting the Fiscal Year 2013 Budget was received after the deadline of Tuesday noon under suspension of the rules.
#329 – RESOLUTION FOR GAY PRIDE MONTH
Councillor Prevey introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS, lesbian, gay, bi-sexual and transgender people across the country and the world are celebrating and commemorating the community’s history of diversity, courage, and advances in the struggle for equality; and
WHEREAS, June has been historically and civically been designated Gay Pride Month since President Clinton first declared it in June, 2000, and since then President Obama, based upon the landmark events of the June 1969 New York City Stonewall riots.
WHEREAS, Salem has long been a community of diversity, acceptance and inclusion, with many diverse groups, in particular, the LGBT community; and Whereas, LGBT residents of Salem make great contributions to all aspects of life have made valuable contributions in areas of business, the arts, volunteerism, private and public leadership, civil rights, medicine and education ; and continue to make visible contributions to many other areas of society; and
WHEREAS, the City of Salem, for the first time in June, 2012 will be hosting its own pride parade and events to celebrate with other communities nationally and worldwide , the history of achievements in the recognition and appreciation of their lives, their work and their families, all in the fight for greater equality;
NOW, THEREFORE BE IT RESOLVED, by the City Council of Salem, does hereby recognize the diversity Salem of which the LGBT community is a part and does hereby acknowledge the many contributions that the LGBT community has made in Salem, the Commonwealth of Massachusetts and the United States of America and encourages all people to share in the pride of Salem’s LGBT residents.
June has been historically and civically been designated Gay Pride Month since President Clinton first declared it in June, 2000.
Councillor O’Keefe assumed the Chair.
#330 – RESOLUTION BRUCE SPANG EAGLE SCOUT AWARD
Councillor Lovely introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Bruce Spang has achieved the highest rank in Scouting, the “Eagle Scout” Award; and
WHEREAS: Bruce’s project was to lead an effort to restore the historical heritage signs at Winter Island Park in Salem. The project cleaned and painted eleven existing sign posts, replaced deteriorated signs, and planted new grass and flowers around the signs. He was successful in accomplishing his goal; and
WHEREAS: The Salem City Council takes great pride in the accomplishments of the youth in our community and acknowledges the effort and hard work that is required to achieve this; and
WHEREAS: The Eagle Scout Award is the highest award in scouting, and is a tribute to Bruce’s dedication and perseverance; and
WHEREAS: This award is an achievement which is an honor of which Bruce and his family should be extremely proud.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens of the City of Salem, congratulates Bruce Spang Story on his Eagle Scout award, and we express our admiration on this highest achievement in Scouting.
AND BE IT FURTHER RESOLVED: That a suitable copy of this Resolution was presented to Bruce Spang, along with a copy of the City Seal, at his Court of Honor on Saturday,
June 30, 2012.
#331 – RESOLUTION PETER STORY EAGLE SCOUT AWARD
Councillor Lovely introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Peter Story has achieved the highest rank in Scouting, the “Eagle Scout” Award; and
WHEREAS: Peter’s project was to build a wigwam at the Pioneer Village Living History Museum in Salem. He led a team of volunteers that recreated the dugouts which were originally built
on the site in the 1930’s, but had since deteriorated and been demolished. The project found and cut down replica cedar saplings to form the framework for the dugout. The dugout is now part of Pioneer Village’s public exhibits. He was successful in accomplishing his goal; and
WHEREAS: The Salem City Council takes great pride in the accomplishments of the youth in our community and acknowledges the effort and hard work that is required to achieve this; and
WHEREAS: The Eagle Scout Award is the highest award in scouting, and is a tribute to Peter’s dedication and perseverance; and
WHEREAS: This award is an achievement which is an honor of which Peter and his family should be extremely proud.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens of the City of Salem, congratulates Peter Story on his Eagle Scout award, and we express our admiration on this highest achievement in Scouting.
AND BE IT FURTHER RESOLVED: That a suitable copy of this Resolution was presented to Peter Story, along with a copy of the City Seal, at his Court of Honor on Saturday,
June 30, 2012.
#332 – RESOLUTION WESLEY HILDEBRAND EAGLE SCOUT AWARD
Councillor Lovely introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Wesley Hildebrand has achieved the highest rank in Scouting, the “Eagle Scout” Award; and
WHEREAS: Wesley’s project was , was to lead an effort to build an outdoor classroom at the Bentley School in Salem. The project provided new landscaping, benches and plantings to create a teaching station at the center of the building, he was successful in accomplishing his goal; and
WHEREAS: The Salem City Council takes great pride in the accomplishments of the youth in our community and acknowledges the effort and hard work that is required to achieve this; and
WHEREAS: The Eagle Scout Award is the highest award in scouting, and is a tribute to Wesley’s dedication and perseverance; and
WHEREAS: This award is an achievement which is an honor of which Wesley and his family should be extremely proud.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens of the City of Salem, congratulates Wesley Hildebrand on his Eagle Scout award, and we express our admiration on this highest achievement in Scouting.
AND BE IT FURTHER RESOLVED: That a suitable copy of this Resolution was presented to Wesley Hildebrand, along with a copy of the City Seal, at his Court of Honor on Saturday,
June 30, 2012
#333 - RESOLUTION JONATHAN LAUSIER EAGLE SCOUT AWARD
Councillor Lovely introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Jonathan Lausier has achieved the highest rank in Scouting, the “Eagle Scout” Award; and
WHEREAS: Jonathan’s project was to lead a volunteer effort to restore the press box, announcer’s booth, and picnic tables at Salem High School’s Bertram Field. The team repaired and painted the structures overlooking the field and grandstand, he was successful in accomplishing his goal; and
WHEREAS: The Salem City Council takes great pride in the accomplishments of the youth in our community and acknowledges the effort and hard work that is required to achieve this; and
WHEREAS: The Eagle Scout Award is the highest award in scouting, and is a tribute to Jonathan’s dedication and perseverance; and
WHEREAS: This award is an achievement which is an honor of which Jonanthan and his family should be extremely proud.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens of the City of Salem, congratulates Jonathan Lausier on his Eagle Scout award, and we express our admiration on this highest achievement in Scouting.
AND BE IT FURTHER RESOLVED: That a suitable copy of this Resolution was presented to Jonathan Lausier, along with a copy of the City Seal, at his Court of Honor on Saturday,
June 30, 2012.
Councillor Lovely resumed the Chair.
#334 – ORDINANCE AMENDING TRAFFIC, ZONES OF QUIET, ESSEX STREET
Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and twelve
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 8, Zones of Quiet
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Essex Street in front of #356, for a radius of two hundred (200) feet, a temporary
Zone of quiet as posted by signs.
Section 2. This Ordinance shall take effect as provided by City Charter.
#335 – ORDINANCE AMENDING TRAFFIC GENERAL PROHIBITION TOW ZONES
Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and twelve
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 74, General Prohibition Tow Zones
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Parking prohibitions towing zone “Resident Sticker Parking” add to list of towing offenses.
Section 2. This Ordinance shall take effect as provided by City Charter.
#336 – CRITERIA FOR HOME RULE PETITION FOR SEASONAL LIQUOR LICENSES
Councillor Sosnowski introduced the following Order. Amended that meeting be co-posted with the Committee of the Whole, delete the words for home rule petition, and insert temporary moratorium for issuance of any seasonal liquor licenses. Adopted as amended.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to discuss the criteria for seasonal liquor licenses and that there be a temporary moratorium for the issuance of any seasonal liquor licenses and that the following be invited Mayor or her representative, Solicitor or her representative, Director of the Chamber of Commerce and the members of the Licensing Board.
#337 - CREATING AND ORDINANCE FOR LIMITS ON DENSITY VARIANCES
Councillor Sosnowski introduced the following Order. Amended to refer the matter to the Committee on Community and Economic Development. Adopted as amended. Councillor Carr was recorded as opposed.
ORDERED: That the Committee on Community and Economic Development co-posted with the Committee of the Whole meet to discuss creating a city ordinance that limits the variances issued by the Zoning Board Appeals on density variances to no more than 120% of the original zoning laws.
#338 – ORDINANCE AMENDING TRAFFIC, REPEAL PARKING TIME LIMITED ON MONROE ROAD
Councillor O’Keefe introduced the following Ordinance, which was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole.
In the year two thousand and twelve
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 57A, Parking Time Limited
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Repeal Monroe Road, easterly side beginning at a distance of forty (40) feet from the entrance of Pickman Park, two (2) hour parking for a distance of one hundred and forty-three (143) feet along the Pickman Park playground, sidewalk and salt marsh. “Parking Time Limited, Unmetered Zones (4/9/2009)
Section 2. This Ordinance shall take effect as provided by City Charter.
#339 – ORDINANCE AMENDING TRAFFIC, REPEAL PARKING TIME LIMITED ON LINCOLN ROAD ALONG PICKMAN PARK
Councillor O’Keefe introduced the following Ordinance, which was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole.
In the year two thousand and twelve
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 57A, Parking Time Limited
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Repeal Lincoln Road, from the property line of #18 Lincoln Road for a distance of forty-nine (49) feet along the Pickman Park Playground, Two Hour Parking. (10/9/2008).
Section 2. This Ordinance shall take effect as provided by City Charter.
#340 – MICRO-BREWERIES
Councillor Ryan introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole meet to discuss micro-breweries.
#341 – COMMUNITY PRESERVATION ACT
Councillor Furey introduced the following Order, which was adopted.
ORDERED: That the Committee of the Whole meet to discuss the possibility of placing the Community Preservation Act on the November ballot. Invited: Representative of Mayors Office, City Solicitor, Conservation Commission, Historical Commission, Planning Board, Park and Recreation Board, Salem Housing Authority and Affordable Housing Commission.
#342 – #342A COMPREHENSIVE PARKING PLAN
Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of the Comprehensive Parking Plan, has considered said matter and would recommend that the enclosed Ordinance be adopted for first passage.
In the year two thousand and twelve
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 56, Parking Meter Zones Established
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Repeal Gedney Street north and south sides, beginning at the intersection of Summer Street and running to the intersection of Margin Street, four (4) hour parking.
(7/14/11)
Section 2. Repeal Hawthorne Boulevard easterly side, southerly from the intersection with Essex Street for 44 feet (2 spaces), Four (4) hour parking. (7/14/11)
Section 3. Repeal Margin Street westerly side, beginning at the intersection of Norman Street and running to the intersection of Gedney Street. Thirty (30) minute parking (7/14/11)
Section 4. Repeal Margin Street westerly side, beginning at the intersection of Gedney and running to the intersection of Mill Street. Four (4) hour parking. (7/14/11)
Section 5. Repeal Margin Street easterly side, beginning at the intersection of Norman Street and running to the intersection of High Street. Four (4) hour parking. (7/14/11)
Section 6. This Ordinance shall take effect as provided by City Charter.
#343 - #343A ORDINANCE AMENDMENT FOR VEHICLE FOR HIRE, TAXI CABS, LIMOUSINES, LIVERIES
Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of an Ordnance amendments for Vehicle for Hire, Taxi Cabs, Liveries and Limousines, has considered said matter and would recommend that the enclosed Ordinance be adopted for first passage. Councillor Lovely moved to amend Sec. 44-38 (2) “Each additional one-fifth mile $0.25 effective
July 1, 2012 and review January 15, 2013. Amendment was adopted by roll call vote of 7 yeas, 4 nays, 0 absent. Councillors O’Keefe, McCarthy, Prevey, Ryan, Sargent, Turiel and Lovely were recorded as voting in the affirmative. Councillors Carr, Furey, Siegel and Sosnowski were recorded as voting in the negative.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
Adopted as amended for first passage.
In the year two thousand twelve
An Odinance to amend an Ordinance pertaining to vehicles for hire
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 44, Article II is hereby amended by deleting this Article in its entirety and replacing it with the following:
“ARTICLE II. MOTORIZED VEHICLES FOR HIRE, TAXICABS, LIVERIES AND LIMOUSINES EFFECTIVE JULY 1, 2012.
Sec. 44-31 – Definitions
The following words, terms and phrases when used in this ordinance shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) Taxi: Every marked motorized vehicle, equipped with a meter to measure distance traveled, used for the transportation of persons from place to place within the city or originating within the city for hire, excepting public carriers and vehicles used in funeral procession or parades. A taxi may carry eight or less passengers; is operated for hire; does not pickup, transport, or discharge passengers along a pre-determined route; and must display a roof beacon marked “Taxi,” Registry of Motor Vehicle-issued taxi plates, and City-issued decal (medallion). A livery shall not be used as a Taxi.
(2) Livery: An unmarked limousine or other vehicle, which is not a taxi, may carry 15 or fewer people including the driver, carries passengers for hire, on exclusive dedicated basis for a set duration, for business, courtesy, employee or customer shuttle, is hired by a charter for a minimum thirty dollar fare on a transportation basis prearranged twelve hours in advance and required to display a livery plate.
(3) Limousine: An unmarked luxury sedan, SUV or van operated for hire on an exclusively dedicated basis for the duration of an event on a prearranged hourly basis.
Sec. 44-32 – Vehicle License
A) Required: No person shall operate any taxicab, livery or limousine, picking up and discharging passengers within the city limits, unless such is licensed as provided by city ordinance, excluding fares that originate or terminate outside of the city limits. The city council shall not approve the issuance of more than 50 taxicab and 35 limousine or livery licenses for every 50,000 inhabitants.
B) Application Generally: Application for such business and/or vehicle license shall be made to the police traffic division. The application shall set forth, under oath, such information as the police traffic
division may from time to time require. Such application will verify a Salem or regional office dispatch center, at a location zoned for such business in accordance with the city’s zoning ordinance, which contains sufficient designated parking for each vehicle licensed. The police traffic division shall then notify the city council of the application. The city council shall review the application and vote to approve or deny the issuance of the license. Upon city council approval, the city clerk shall notify the police traffic division of the council’s action, and the police traffic division shall be empowered to issue all licenses and decals in accordance with this article.
C) Fees: The fee for a taxicab license shall be $50.00 for each vehicle so licensed. The fee for a decal shall be $50.00. The fees shall be paid to the police traffic division and the fees shall not be refundable.
D) New Applications: New applications for all licenses shall be made on official forms provided by the police traffic division, containing all information therein required, and such taxicabs shall be examined and reported on by the police traffic division. Applications may be filed with the police traffic division at any time, and an application for the renewal of a license already in force shall be filed annually on or before December 1. All licenses shall expire on December 31 annually.
E) Sale; Transfer; Requirements for Issuance: The regulations for the sale, transfer and issuance of taxicab licenses shall be as follows:
1) Sale; Transfer; Fee: No taxicab license or permit provided for in this article shall be transferred to another taxicab within the same company without first obtaining the consent of the police traffic division in writing. Licenses transferred shall be recorded on original forms provided by the police traffic division. No transference within the same company shall be approved until the taxicab has passed an inspection performed by an inspection station licensed by the commonwealth, designated by the police traffic division, or the commonwealth registry of motor vehicles. The inspection shall be done at the cost to the owner. The fee for the transfer shall be $50.00. Any transfer of a taxicab license done without first
obtaining the written consent of the police traffic division shall result in the license being seized by the police traffic division.
2) Ceasing Ownership: Any licensee whom shall cease to be the owner of a taxicab company shall at once surrender all taxicab licenses to the police traffic division. The police traffic division shall forthwith remove the license decal from each vehicle and notify the city clerk.
3) Ineligibility for License: No person shall be licensed to be an owner who is not the age of 21 years of age or over or who has had an under the influence of drugs or alcohol conviction or dispositions under MGL c. 90 within the past five years or the equivalent in any jurisdiction.
4) Unfit Vehicles: The police traffic division shall refuse to issue a license for or, if already issued, shall revoke or suspend the license of any taxicab found to be unfit or unsuited for public patronage. Upon the revocation or suspension of a license, the license shall be surrendered to the police traffic division who shall then notify the city clerk.
5) Insurance: No such permanent license shall be issued until the applicant has deposited with the police traffic division a policy of insurance issued by an insurance company authorized to transact business specified in the M.G.L.A. c. 175 § 47, covering the motor vehicle to be operated by the applicant under his license confirming to the provisions of M.G.L.A. c. 175, § 112 and 113. The insurance policy required by this section shall be at a minimum of $20,000 per individual, $40,000 per accident. Such license will not be issued prior to the police traffic division receiving a certificate from the insurance company issuing the policy stating that the policy shall not be cancelled until 15 days after receipt by the police traffic
division of written notice of cancellation. All taxis, liveries and limousines shall be required to carry the same minimum level of insurance.
6) Inspection:
(A) No such license shall be issued until a vehicle is inspected in regard to the safety of passengers and the general public, mechanical condition and general appearance, and all taxicabs licenses shall be inspected to meet these requirements biannually, once in December and once in June. The police traffic division will have the authority to request a random inspection of any licensed vehicle at any time. All inspections are to be at cost to the owner. The inspections shall be performed by the commonwealth registry of motor vehicles or an inspection station, licensed by the commonwealth, designated by the police traffic division. If a taxicab licensed by the city fails to meet safety
requirements imposed by the commonwealth registry of motor vehicles, mechanical requirements or general appearance requirements, the taxicab license shall be subject to immediate suspension at the discretion of the police traffic division. The suspension shall remain in effect until the taxicab has been repaired and re-inspected or until a hearing before the city council committee on licenses, ordinances and legal affairs reinstates the license.
(B) Any vehicle licensed as a vehicle for hire shall be subject to immediate inspection of the vehicles required log books and/or contracts for services by any police officer or licensing authority.
7) Name; Logo:
(A) All trade names and/or logos used by licensed owners shall be approved by the city council.
(B) All licensed taxicabs must have permanently affixed lettering and numbers showing the company name and phone number visible during daylight hours from a distance of 100 feet on both sides of the vehicle.
(C) All licensed taxicabs shall have a permanently affixed yellow or white roof beacon attached to their taxicab roof. Roof beacon shall be lettered “TAXI” and shall be illuminated when vehicle’s exterior lights are on.
8) Annual Grant; Decal: The city council shall, in accordance with law, annually grant taxicab licenses to suitable persons who are owners of such vehicles. At all time the company shall maintain a dispatch office center in an area zoned for such use. Dispatch office center will be manned during all hours of operation and contain a business phone, VHF or digital base radio, and fare spread sheets, and adequate private parking for each licensed taxicab. The owner or one member of the firm or corporation shall also, at all times, carry a valid city taxicab operator’s license. No license granted under this article shall apply to any vehicle except the particular one designated on the license. A license decal shall be
issued with the license, which shall be affixed to the rear of the vehicle, the license decal shall display information particular to the vehicle to which it is issued.
9) Storage of Vehicles: No license pursuant to this article shall be issued to any vehicle that is not stored on properly zoned, private property.
10) Sale or Junking of Vehicles: Upon the sale or junking of a licensed vehicle, the owner of the vehicle shall contact the police traffic division, which shall remove the decal from the vehicle, and the owner shall forthwith surrender the license.
11) Tampering with Decal: No person, other than an officer of the police traffic division, shall remove a license decal from a licensed vehicle, nor shall any person alter, deface, or modify such decal or the license.
12) Revocation of License or Decal: The police traffic division shall be empowered to forthwith revoke or seize any license or decal for violation of any of the sections of this article or of the commonwealth general laws. The police traffic division shall forthwith notify the city council of any revocation. Any license or license decal seized under any conditions shall only be reinstated pending a hearing before the city council committee on ordinances, licenses and legal affairs.
Sec. 44-33 – Reserved.
Sec. 44-34 – Operator’s (Hackney) License:
A) Required: No individual shall operate a taxicab without having received a hackney license from the city.
B) Application; Qualifications of Applicant: No owner or person having charge of management
of a taxicab shall employ or permit or allow any person to drive the taxicab, and no person shall drive the taxicab other than a person thereto licensed by the city council. Prior to obtaining an application from the city clerk, an applicant shall obtain a certification from the city collector that no funds are due from the applicant to the city. A completed application may then be taken, by the applicant, to the police traffic division. The applicant will pay a fee of $20.00 to the police traffic division along with two passport photos. The police traffic division will perform a criminal record check, ensure the driver is over eighteen years of age and holds a valid driver’s license and then attach a recommendation for approval or
denial and submit the application to the city council. The police traffic division shall have the authority to issue one 60-day temporary hackney license at their discretion. The city council will then vote to approve or deny the application. In the event of denial, the applicant shall have the right to a cost-free hearing before the city council.
C) Fee; Term: The fee for a taxicab operator’s annual license application shall be $20.00 payable at time of application. The application fee shall be non-refundable Operator licenses shall expire on December 31 annually. Renewals must be filed with the city clerk and police traffic division prior to December first.
Sec. 44-35 – Accessibility of Licenses:
A) Copies of all licenses shall be maintained and available at every taxi company’s office dispatch center.
B) Every driver having charge of a taxicab shall have a copy of taxicab hackney license prominently displayed in view of all fares.
Sec. 44-36 – Reserved
Sec. 44-37 – Communication of Fares; Receipts:
A) No owner or driver of a taxicab shall charge any passenger any higher rates for any service than those that are fixed by the city council. The rates may be changed at any time by the city council.
B) Upon the customer being seated in the taxicab, the operator of the taxicab shall call in over the required two-way radio all relevant fare information such as pickup address, discharge address, number of persons, stops requested, and number of articles.
C) Every taxicab shall have displayed an ample supply of receipts. The receipt shall contain the company name, the company phone numbers, the date, the name of the driver, the address of
pickup, the address of discharge, the fare collected, the tip collected, and the form, of payment. At the request of any customer the driver shall issue a completely completed receipt.
Sec. 44-38 –Fares Established
All taxis shall be equipped with a meter to measure distance traveled. All meters shall be inspected prior to use and inspected annually at the direction of the city sealer of weights and measures.
The maximum rates of fares to be charged by taxis licensed pursuant to the article shall be:
1) One mile or fraction thereof $5.50
2) Each additional one-fifth mile $0.25 effective July 1, 2012
Review January 15, 2013
3) Each additional passenger over two $0.50 per ride
4) Any person fifty-nine (59) years of age or older, with proper identification, shall receive a discount of twenty (20%) percent off the amount registered on the taximeter.
5) The fixed rate for waiting time shall be twenty dollars ($20.00) per hour, five dollars ($5.00) for every fifteen (15) minutes or portion thereof. Waiting time shall mean the time consumed while the taxicab is not in motion at the direction of the passenger, provided however, no charge shall be made for time lost through traffic interruptions or for delays caused by the inefficiency of the taxicab or its driver.
6) Hourly rental of taxis shall not follow any city-mandated rate structure. Hourly rates shall be set by agreement between the fare and the taxi company.
7) Any fares with items to be stored in the trunk may be charged no more than: $.20 per grocery bag, $.50 per box or luggage, $1.00 per bicycles, and $2.00 for an item over 20 pounds. There may be no charge for medical necessities such as wheelchairs or walkers.
Sec. 44-39 – Delivery of Found Articles: Every driver having charge of a taxicab shall deliver any article left therein by any passenger to the dispatch office. The dispatch office shall be required to securely store any such articles for 30 days. Articles not claimed shall be delivered to the police department. Any article not claimed at the police department for one year shall become the property of the taxicab company.
Sec. 44-40 – Reserved
Sec. 44-41 – General Operating Standards:
A) Prior to any pickup, every taxicab will be smoke- and odor-free.
B) No taxicab shall be stopped to take on or discharge passengers at any place on any street except at the curb on the correct side of the street.
C) Every driver of any licensed taxicab shall report to his dispatcher any suspicious actions of the passengers or dangerous conditions that he may observe. Dispatcher is required to relay such information to the police department.
D) Every taxicab must keep in the vehicle an up-to-the-minute log waybill. The log waybill must contain the name of the driver, the date, the hours started and finished, beginning and ending mileage, the vehicle number, the pickup and discharge address of each fare, and the price collected for each fare. Copies of the waybills are to be turned into the dispatch office at the conclusion of each shift. Dispatch office shall be required to keep and maintain waybills for a period of thirty (30) days.
E) All drivers shall, except when a passenger directs otherwise, transport passengers via the most reasonable, direct route to the passenger’s specified destination.
F) Every taxicab shall be equipped with a two-way radio dispatch communications system or equivalent. Said dispatch communications system shall be used to receive and dispatch fares from its dispatch center.
G) Cellular telephones may not, at any time, be used to dispatch taxicabs.
H) The driver of a taxicab shall not refuse transportation to any person except when:
1) a person is loud or disorderly
2) the driver has reason to believe that such a person is under the influence of alcohol or drugs, unless said driver is directed to transport said person by a police officer, after securing identification of said person and having ascertained such person’s ability to pay the driver the person represents a threat to the safety of the driver or to the driver's ability to drive the vehicle in a safe manner
3) a person is unconscious and placed in the vehicle by others
4) a person emits an offending odor
5) to do so would constitute assisting in a crime. Driver’s must report any refusal to transport to the dispatch center who shall make a written report of such refusal to transport and maintain such report for no less than thirty (30) days.
I) Animals: At the driver’s discretion, a driver may accept or refuse a fare when such person is escorting an animal except if:
1) The animal is properly and adequately secured in a kennel case or other suitable container which would not cause danger to the taxi driver and/or the interior of the taxicab.
2) The person is disabled and is accompanied by a service dog or service animal.
3) No charge shall be made for transporting an animal if accompanied by such a passenger.
J) No person other than the licensed driver shall ride or sit in the front seat unless the rear seat is fully occupied by passengers. This provision shall not apply to passengers who must sit in the front seat for physical or health reasons.
K) A driver shall not knowingly operate a taxicab that is unsafe for passenger service.
L) Every driver having charge of a taxicab shall have with him a copy of these rules and regulations to be shown to a passenger on request.
M) Every driver having charge of a taxicab shall be suitably dressed, neat and clean in appearance.
N) No person licensed to operate a taxicab or taxi business or dispatch shall behave in a rude and disorderly manner or use any indecent, profane, or insulting language towards any person.
O) Taxicab drivers are allowed to perform only one fare at a time unless all parties, except parties under the age of 16 not accompanied by an adult, agree to sharing a taxicab going in the same direction and any stop is en route. A passenger must have the option presented to him or her to not share a taxicab. Parties under the age of 16 may share a taxi, but such request shall not be initiated by the taxi driver.
Sec. 44-43 - Any person, driver, dispatcher, manager, or owner violating any section of this article, exclusive of Sec.44-44, shall forfeit and pay a fine not exceeding $100.00 for each offense and may, in addition to such penalty, be subject to suspension or forfeiture of his license and may be disqualified to hold a license thereafter. This section shall be enforced by the police department.
Sec. 44-44 - Any livery and/or limousine operator observed operating as a taxicab, as defined in this article, shall pay a fine of $300.00 for each offense. Each fare transported in violation of this ordinance shall constitute a separate offense. This section shall be enforced by the police department.
Sec. 44-45 - All owners and drivers of taxicabs shall be subject to such further rules, orders and regulations as may be set forth by the city council or the police traffic division.”
Section II. This ordinance shall take effect as provided by City Charter.
#344 - #344A ORDINANCE AMENDMENT FOR TAXI CAB FEE STRUCTURE
Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of the amending an Ordinance relative to Taxi Fee Structure, has considered said matter and would recommend that the enclosed Ordinance be adopted for first passage.
In the year two thousand twelve
An Ordinance to amend an Ordinance pertaining to fees
Section 1. Section 14-38 Fee Schedule of Chapter 14, Business Licenses and Fees is hereby amended by deleting the following fees:
“Taxicab decal, per cab .................100.00
Taxicab license, per cab ..................50.00
Taxicab license duplicate, per cab ….25.00
Taxicab license transfer, per cab .......25.00”
and replacing them with the following fees:
“Taxicab decal, per cab ....................50.00
Taxicab license, per cab ...................50.00
Taxicab license duplicate, per cab …25.00
Taxicab license transfer, per cab ......50.00
Taxicab operator application………...20.00”
Section II. This ordinance shall take effect as provided by city charter.
#345 – (#287) BOND ORDER FOR CAPITAL EQUIPMENT & CAPITAL IMPROVEMENT PROJECTS
Councillor McCarthy offered the following report for the Committee on Administration and Finance co-posted with Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of a Bond Order in the amount of $1,790,000.00, has considered said matter and would recommend adoption for first passage by roll call vote. The Bond Order was adopted for first passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative.
#346 – (#310 – #313) GRANTING LICENESE
Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses, has considered said matter and would recommend approval.
TAG DAYS S.H.S. Cheerleading June16, July 15, Aug. 12, 2012
Salem Post 23 American Legion, June 23 & 24, 2012
S.H.S. Football, Aug. 19, Oct. 14, Oct. 28, 2012
Knights of Columbus Oct. 7 & 8th, 2012
#347 – INVITATION TO MEMORIAL SERVICE
An invitation to the City Council from Firemen’s Association to the Memorial Service on June 10, 2012, was received and placed on file.
#348 – STREET CLOSING FOR MEMORIAL SERVICE
A request from Firemen’s Association for use of City Streets on Sunday June 10, 2012 for the Memorial Service to have New Derby St closed from Lafayette St to Klop Alley at 8:30 A.M. to 10:15 A.M., was approved.
#349 – REQUEST FROM PLANET FITNESS FOR EXTENDED HOURS OF OPERATION
A request from Planet Fitness to make their temporary extended hours permanent to operate 24 hours 7 days a week was granted.
#350 – ROAD RACE
A request from North Shore YMCA/Salem YMCA to hold a road race and use of city streets on July 28, 2012 at 7:00 A.M., was granted.
#351 – ROAD RACE
A request from Salem Park & Rec. to hold a road race and use of city streets on August 17, 2012 at 7:00 P.M., was granted.
#352 – ROAD RACE
A request from B&S Fitness to hold a road race and use of city streets on September 22, 2012 at 7:00 A.M., was granted.
#353 – ROAD RACE
A request from Adam Fitch to hold a road race and use of city streets on September 29, 2012 at 7:00 P.M., was granted.
#354 – ROAD RACE
A request from B&S Fitness to hold a road race and use of city streets on October 27, 2012 at 8:00 A.M., was granted.
#355 – LICENSE APPLICATION
The following license application was referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAY Salem Legion Baseball, July 21, 2012 & July 22, 2012
#356 - #360 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES Bridget Reed, 2 South Street, Salem
TAXI CAB Americab Taxi, 10 Jefferson Ave., Salem (6)
TAXI OPERATORS Jonathan Mesa, 267 Jefferson Ave. #3, Salem
Eladior Pena, 414 Essex St., Salem
Rudy Rosario, 14 Mason St., Salem
Andres Espinal, 3 Heritage Dr., Salem
VEHICLE FOR HIRE Friendship Carriage Tours, 13 Crombie St., Salem (2)
VEHICLE FOR HIRE Maryann Granham, 7 March St. Ct., Salem
OPERATORS ONLY David Butler, 16 Hunt St., Danvers
Misael Santana, 59 Harbor St., Salem
Mark Gauthier, 40 Oak Avenue, Peabody
Karen Horgan, 21 Gregg St., Beverly
Haley Smith, 65 Bailey Lane, Georgetown
#361 – PUBLIC GUIDE DENIED
The following license application was denied.
PUBLIC GUIDE Thomas Vallor, 100 Washington St., Salem
#362 – HEARING REQUEST
A hearing request from Peter White on the denial of his Public Guide License was referred to Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session.
#363 – #365 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs
Corinna Bauer, 12 Pickman St. #2, Salem
Nathan McDonald, 57 Ocean Ave., Salem
Gregoria Corniel, 24 Boston St., Salem
(#291) – SECOND PASSAGE ORDINANCE TRAFFIC REPEAL HANDICAP PARKING BOSTON STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, Repeal “Handicap Parking Limited Time” Boston Street across from #83, taken up. The Ordinance was adopted for second and final passage.
(#296A) – SECOND PASSAGE ORDINANCE NOISE ORDINANCE FINES
The matter of second and final passage of an Ordinance amending Noise Ordinance Ch. 22 Section 34 Noise Ordinance penalties for violation, was taken up. The Ordinance was adopted for second and final passage.
(#297A) SECOND PASSAGE ORDINANCE NOISE CONTROL DISORDERLY HOUSE DESIGNATION, PENALTIES OF VIOLATION
The matter of second and final passage of an Ordinance Ch. 22 Section 36 Noise Ordinance Disorderly House Designation; Penalties for violation, was taken up. The Ordinance was adopted for second and final passage.
(#176) – SECOND PASSAGE ORDINANCE AMENDING ZONING FLOOD HAZARD OVERLAY DISTRICT (FHOD)
The matter of second and final passage of an Ordinance amending Zoning Section 8.1 Flood Hazard Overlay District (FHOD), was taken up. The Ordinance was adopted for second and final passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative.
On the motion of Councillor O’Keefe the meeting adjourned at 10:10 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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