AGENDA AGENDA AGENDA AGENDA AGENDA AGENDA

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1 AGENDA AGENDA AGENDA AGENDA AGENDA AGENDA REGULAR MEETING OF THE CITY COUNCIL, MONDAY, DECEMBER 12, :00 PM,COUNCIL CHAMBERS CITY HALL, 484 BROADWAY, 3RD FLOOR, EVERETT, MA PUBLIC PARTICIPATION COMMUNICATIONS FROM HIS HONOR THE MAYOR 1. Accept Donation/s/Councilor John F. Hanlon, As President An Order Accepting a Donation of a 25' Handicapped Ramp and a 4x4 Platform from the Estate of the Late Ralph and Mary Catalano. (C ) 2. Accept Donation/s/Councilor John F. Hanlon, As President An Order Accepting Donations Totaling $11, to Support the Office of Human Services-Emergency Services Account (C ) 3. Surplus Property/s/Councilor John F. Hanlon, As President An Order Declaring 2 Meilink Floor Safes as Surplus Property. (C ) 4. Accept Donation/s/Councilor John F. Hanlon, As President An Order Accepting a Donation of 12 Gift Cards from Mr. Mike Russo. (C ) 5. Accept Donation/s/Councilor John F. Hanlon, As President An Order Accept donations of $1,000 to the City of Everett's Toy Drive Donations Account. (C ) 6. Accept Donation/s/Councilor John F. Hanlon, As President An Order Accepting a Donation of $1,500 from Everett Donuts, Inc to the Everett Police Department K-9 Unit. (C ) 7. Appropriation/s/Councilor John F. Hanlon, As President An Order Transferring and Appropriating $3,352, from Budgetary Fund Balance (Free Cash) into the Capital Improvement Stabilization Fund; Other OPEB Trust Fund; and the Stabilization Fund $1,341,045. (C ) 8. Transfer/s/Councilor John F. Hanlon, As President An Order Transferring $175, from the CIP Stabilization Fund for Various Capital Improvements. (C ) 9. Appropriation/s/Councilor John F. Hanlon, As President An Order Transferring and Appropriating $6, from the Budgetary Fund Balance to the Health Department Opioid Recovery Training Account. ( C ) 10. Accept Donation/s/Councilor John F. Hanlon, As President An Order Accepting Donations Totaling &1,500 for Various Holiday Purposes (C ) PETITIONS AND LICENSES 11. License/s/Councilor John F. Hanlon, As President Petition for 2nd Class Motor Dealer License at 353 Third Street (C ) COMMITTEE REPORTS Committee of the Whole 12. Utilities/s/Councilor John F. Hanlon, As President

2 Regular Meeting Monday, December 12, :00 PM A Petition from National Grid and Verizon New England Inc. Requesting Permission to locate poles, wires, fixtures, including the necessary sustaining and protecting fixtures, along and across Boston Street and Vale Street. (C ) 13. Utilities/s/Councilor John F. Hanlon, As President A Petition from National Grid to construct a line of underground electric conduits, including the necessary sustaining and protecting fixtures, under and across the public way or ways hereinafter named, that is, Kelvin Street and Norman Street. (C ) Legislative Affairs & Elections 14. License/s/Councilor John F. Hanlon C An Ordinance Relative to Increasing Garage Fees 15. License/s/Councilor John F. Hanlon An Ordinance Limited the Number of Second Class Motor Dealer Licenses (C ) 16. License/s/Councilor John F. Hanlon An Ordinance Limiting the Number of Auto Body and Auto Repair Licenses (C ) 17. Amendment/s/Councilor Peter A. Napolitano An Ordinance Providing for Animal Care Standards in the City of Everett. (C ) Special Committee on Opioid Crisis 18. Public Safety/s/Councilor Anthony DiPierro A Resolution Regarding Creation of Opioid Response Teams (C ) UNFINISHED BUSINESS 19. Traffic/s/Councilor Peter A. Napolitano A Resolution Regarding the Original Traffic Commission Study for Church Street and Webster Street (C ) 20. Personnel/s/Councilor Michael J. McLaughlin 1173 : C Resolution regarding residential preference in hring at the Wynn Boston Harbor Casino Resort. NEW BUSINESS 21. Litigation/s/Councilor John F. Hanlon, As President An Order Regarding the Release of Executive Session Minutes (C ) 22. Community Development/s/Councilor McLaughlin, Councilor Dell Isola Jr. C A Resolution Regarding Providing the City Council Statistical Data from the "Bus-Only Lane" Pilot Trial 23. Public Safety/s/Councilor McLaughlin, Councilor Dell Isola Jr. C A Resolution Regarding Seeking Information On Fire Hydrant Testing and Results 24. License/s/Councilor John F. Hanlon, As President AN ORDINANCE REGULATING THE LICENSURE OF TAXICABS IN THE CITY OF EVERETT (C ) 25. License/s/Councilor John F. Hanlon, As President An Ordinance Establishing Livery Licensing in the City of Everett (C ) 2 P a g e

3 Regular Meeting Monday, December 12, :00 PM (All agendas and reports can be obtained on City of Everett Website) Respectfully submitted: Caroline McCorry Adm. Assist. / Office Mgr. Everett City Council Office council@ci.everett.ma.us 3 P a g e

4 3.1 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Order Offered By: Councilor John Hanlon, As President Be it Ordered: By the City Council of the City of Everett, Massachusetts, as follows: That a donation of a 25 (TWENTY-FIVE) foot handicapped ramp and ONE 4x4 platform from the Estate of the late Ralph and Mary Catalano with an estimated value of $4, (FOUR THOUSAND AND SIX HUNDRED DOLLARS) is hereby accepted. Packet Pg. 4

5 3.2 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Order Offered By: Councilor John Hanlon, As President Be it Ordered: By the City Council of the City of Everett, Massachusetts, as follows: That donations totaling $11, (ELEVEN THOUSAND TWO HUNDRED DOLLARS) as follows: Cambridge Public Health Commission $1, (ONE THOUSAND DOLLARD), John McGrath, Jr. $ (TWO HUNDRED DOLLARS) and Malden Trans, Inc. $10, (TEN THOUSAND DOLLARS) are hereby accepted; and Be It Further Ordered: That said donations are hereby deposited into the Office of Human Services-Emergency Services Account (# ). Packet Pg. 5

6 3.3 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Order Offered By: Councilor John Hanlon, As President Be it Ordered: By the City Council of the City of Everett, Massachusetts, as follows: That two Meilink Safes inventory #1900 and #1901 are hereby declared surplus property; Be It Further Ordered: That, once declared surplus by the Honorable City Council, the inventory will be sold by public auction. Packet Pg. 6

7 3.4 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Order Offered By: Councilor John Hanlon, As President Be it Ordered: By the City Council of the City of Everett, Massachusetts, as follows: That a donation of 12 Gift Cards to be utilized for the holiday season with a total value of $240 (TWO HUNDRED AND FORTY DOLLARS) from Mr. Mike Russo of Everett is hereby accepted. Packet Pg. 7

8 3.5 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Order Offered By: Councilor John Hanlon, As President Be it Ordered: By the City Council of the City of Everett, Massachusetts, as follows: That donations of $1,000 (ONE THOUSAN DOLLARS) are hereby accepted; Be It Further Ordered: That the donation be deposited into the City of Everett s Human Services Donation Account (# ) to support the City of Everett s Toy Drive. Packet Pg. 8

9 3.6 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Order Offered By: Councilor John Hanlon, As President Be it Ordered: By the City Council of the City of Everett, Massachusetts, as follows: That a donation of $1,500 (ONE THOUSAND-FIVE HUNDRED DOLLARS) from Everett Donuts, Inc. is hereby accepted; and Be It Further Ordered: That said donation be deposited into the Police Department-K9 Unit Account ( # ). Packet Pg. 9

10 3.7 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Order Offered By: Councilor John Hanlon, As President Be it Ordered: By the City Council of the City of Everett, Massachusetts, as follows: That following the parameters set forth under the City's Financial Reserve Policies, the sum of $3,352, (THREE MILLION, THREE HUNDRED AND FIFTY TWO THOUSAND, SIX HUNDRED AND THIRTEEN DOLLARS) be transferred from the Budgetary Fund Balance (Free Cash); and Be It Further Order that said funds be appropriated to the following funds in the stated amounts: Capital Improvement Stabilization Fund in the sum of $1,005,784 (ONE MILLION,FIVE THOUSAND, SEVEN HUNDRED AND EIGHTY-FOUR DOLLARS), Other Post-Employment Benefits Liability Trust Fund (OPEB Trust Fund) in the sum of $1,005,784 (ONE MILLION,FIVE THOUSAND, SEVEN HUNDRED AND EIGHTY-FOUR DOLLARS), and the Stabilization Fund in the sum of $1,341,045 (ONE MILLION, THREE HUNDRED AND FORTY-ONE THOUSAND AND FORTY-FIVE DOLLARS). Packet Pg. 10

11 3.8 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Order Offered By: Councilor John Hanlon, As President Be it Ordered: By the City Council of the City of Everett, Massachusetts, as follows: That the total amount of $175, (ONE HUNDRED AND SEVENTY-FIVE THOUSAND DOLLARS) is hereby transferred from the CIP Stabilization Fund; and Be It Further Ordered: That said funds are hereby transferred into the following accounts in the amount and for the FY 17 capital project purposes so stated: Police Department for Portable Radios ( ) in the amount of $60,000 (SIXTY THOUSAND DOLLARS), Fire Department for Turnout Gear ( ) in the amount of $65,000 (SIXTY-FIVE THOUSAND DOLLARS), and City Services ( ) for a Traffic Study in the amount of $50,000 (FIFTY THOUSAND DOLLARS). Packet Pg. 11

12 3.9 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Order Offered By: Councilor John Hanlon, As President Be it Ordered: By the City Council of the City of Everett, Massachusetts, as follows: That the sum of $6, (SIX THOUSAND DOLLARS) is hereby transferred from the Budgetary Fund Balance; Be It Further Ordered: That said amount is hereby appropriated to the Health Department-Opioid Recovery Training Account (# ) for the purpose of training 10 (TEN) volunteers to be opioid recovery coaches. Packet Pg. 12

13 3.10 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Order Offered By: Councilor John Hanlon, As President Be it Ordered: By the City Council of the City of Everett, Massachusetts, as follows: That a donation of $1,000 (ONE THOUSAND DOLLARS) from Comcast to support the City of Everett's Tree Lighting is hereby accepted, and Be It Further Ordered: That said donation be deposited into the City of Everett's Official Celebration Account; and Be it Still Further Ordered: That a total of $500 (FIVE HUNDRED DOLLARS) in Market Basket Gift Cards in $50 (FIFTY DOLLAR) denominations from an Anonymous Donor is hereby accepted. Packet Pg. 13

14 4.11 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Order Offered By: Councilor John Hanlon, As President Be it Ordered: By the City Council of the City of Everett, Massachusetts, as follows: That a petition for 2 nd Class Motor Dealer License from CARLIDER USA, LLC, at 353 Third Street from Jose R. Camargo is hereby granted. Packet Pg. 14

15 5.12 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Order Offered By: Councilor John Hanlon, As President Be it Ordered: By the City Council of the City of Everett, Massachusetts, as follows: That a petition from National Grid and Verizon New England, Inc. to locate poles, wires, and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way is hereby granted: Boston Street and Vale Street - National Grid to install 4JO Poles on Boston St and Vale St and remove 3 JO Poles on Boston St. National Grid to remove 3 JO Poles from Boston Street, Poles 2197, 2198 & new JO Poles will be installed directly across the street and will be numbered the same. A new JO Pole 7 will be installed on Vale Street 50' +/- NE of the intersection of Boston St & Vale Streets. 4 JO Anchors will be installed at Poles 887, 2197, 3145 and 3146 on Boston Street. (Location approximately as shown on plan attached to order.) Wherefore it prays that after due notice and hearing as provided by law, it be granted a location for and permission to erect and maintain poles and wires, together with such sustaining and protecting fixtures as it may find necessary, said poles to be erected substantially in accordance with the plan files herewith marked - Boston Street and Vales Street - Everett - Massachusetts. No.# Also for permission to lay and maintain underground laterals, cables, and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitions may desire for distributing purposes. Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said poles for the fire, police, telephone, and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes. Packet Pg. 15

16 5.13 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Order Offered By: Councilor John Hanlon, As President Be it Ordered: By the City Council of the City of Everett, Massachusetts, as follows: That the petition from National Grid of North Andover, MA, to construct a line of underground electric conduits, including the necessary sustaining and protecting fixtures, under and across the public way or ways hereinafter named, that is, Kelvin Street and Norman Street. is hereby granted: Wherefore it prays that after due notice and hearing as provided by law, it be granted permission to excavate the public highways and to run and maintain underground electric conduits, together with such sustaining and protecting fixtures as it may find necessary for the transmission of electricity, said underground conduits to be located substantially in accordance with the plan filed herewith marked Kelvin Street - Everett - Massachusetts. The following are the streets and highways referred to: Plan # Kelvin Street - National Grid to install beginning at a point approximately 30 feet Southeast of the centerline of the intersection of Kelvin Street and Norman Street and continuing approximately 5 feet in a Westerly direction. National Grid to install +/- 5 feet of 2-5" concrete encased PVC underground conduits from National Grid substation to P 1166 Kelvin Street, near the intersection of Norman Street, in Everett, MA, Packet Pg. 16

17 5.14 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Ordinance Offered By: Councilor John Hanlon Be it Ordained: By the City Council of the City of Everett, Massachusetts, as follows: That section of the Revised Ordinances of the City of Everett fee schedule be stricken in its entirety to add this new fee schedule listed Vehicles $ Vehicles $ Vehicles $ Vehicles $ Vehicles $ All ordinances or parts of ordinance in conflict with the foregoing are hereby repealed. This ordinance shall take effect on January 1, Packet Pg. 17

18 5.14.a Attachment: c _001 (1375 : C Ordinance Setting Fees for Garages) Packet Pg. 18

19 5.15 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Ordinance Offered By: Councilor John Hanlon Be it Ordained: By the City Council of the City of Everett, Massachusetts, as follows: That Section 12-2 LICENSING UNDER MGL CHAPTER 140, SECTION 57 & 59 is hereby amended by inserting a new sub section (a) (1): The number of licenses granted under MGL Chapter 140, Section 57 shall not exceed one per one thousand and three hundred (1,300) residents as determined by the most recent federal census. Packet Pg. 19

20 5.15.a Attachment: c _001 (1376 : C An Ordinance Limited the Amount of Second Class Motor Dealers) Packet Pg. 20

21 5.15.a Attachment: c _001 (1376 : C An Ordinance Limited the Amount of Second Class Motor Dealers) Packet Pg. 21

22 5.16 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Ordinance Offered By: Councilor John Hanlon Be it Ordained: By the City Council of the City of Everett, Massachusetts, as follows: An Ordinance Limiting the Number of Auto Body and Auto Repair Licenses Therefore: Be It Ordained by the City Council of the City of Everett; as follows: That Section SUBSECTION (b) LICENSING REQUIRED is hereby amended by inserting a new sub section (5): The number of licenses granted for Auto Body Shops and Automobile Repair Shops shall not exceed one per Eight Hundred (800) residents as determined by the most recent federal census. Packet Pg. 22

23 5.16.a Attachment: c _001 (1377 : C An Ordinance Limiting the Number of Auto Body and Auto Repair Facilities) Packet Pg. 23

24 5.16.a Attachment: c _001 (1377 : C An Ordinance Limiting the Number of Auto Body and Auto Repair Facilities) Packet Pg. 24

25 5.17 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Ordinance Offered By: Councilor Peter Napolitano Be it Ordained: By the City Council of the City of Everett, Massachusetts, as follows: That Section 3 of the Revised Ordinances of the City of Everett are hereby amended by added a new section: Section 19: Animal Care Standards (a) Owners shall provide each of their animals with sufficient good and wholesome food and water, proper and sanitary shelter, protection from the weather, veterinary care when needed to prevent suffering, and otherwise humane care and treatment. (b) No person shall beat, cruelly treat, torment, overload, overwork, or otherwise abuse an animal. (c) No person shall keep or place an animal in a location that would cause an unreasonable risk of injury or death to the animal. (1) Leaving an animal unattended in a stationary or parked without proper ventilation car shall be prima facie evidence of keeping an animal in a location that causes an unreasonable risk of injury or death. The Animal Control Officer, and any Everett Police Officer may use reasonable force to remove the animal from the vehicle, including, but not limited to, breaking the windows of the vehicle. (d) No personal shall cause, instigate, or permit any animal to fight, combat, or otherwise cause violence with another animal or a human. (e) Where, in the opinion of an Animal Control Officer, any violation of any portion of this Chapter regarding the safety or health of an animal which places said animal at imminent risk of harm, the Animal Control Officer may immediately remove and impound the animal for its own protection. (f) Violations. (1) Any person who violates this section shall: (a) For a first violation: be issued a written warning, or punished by a fine of not more than $50.00; (b) For a second violation: be punished by a fine of not more than $100.00; (c) For a third or subsequent violation: be punished by a fine of not more than $300.00, and the affected animal shall be impounded. Packet Pg. 25

26 5.17.a Attachment: c _001 (1404 : C New Section 3 Animal Care Standars to Revised Ordinancesq) Packet Pg. 26

27 5.18 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Resolution Offered By: Councilor Anthony DiPierro Be it Resolved: By the City Council of the City of Everett, Massachusetts, as follows: That the Administration and first responders consider creating an opioid response team to follow up with survivors of overdoses and offer ways of assistance. Packet Pg. 27

28 5.18.a Attachment: c _001 (1274 : C RES: First responders consider creaating an opioid response team) Packet Pg. 28

29 5.18.a Attachment: c _001 (1274 : C RES: First responders consider creaating an opioid response team) Packet Pg. 29

30 5.18.a Attachment: c _001 (1274 : C RES: First responders consider creaating an opioid response team) Packet Pg. 30

31 5.18.a Attachment: c _001 (1274 : C RES: First responders consider creaating an opioid response team) Packet Pg. 31

32 5.18.a Attachment: c _001 (1274 : C RES: First responders consider creaating an opioid response team) Packet Pg. 32

33 5.18.a Attachment: c _001 (1274 : C RES: First responders consider creaating an opioid response team) Packet Pg. 33

34 5.18.a Attachment: c _001 (1274 : C RES: First responders consider creaating an opioid response team) Packet Pg. 34

35 5.18.a Attachment: c _001 (1274 : C RES: First responders consider creaating an opioid response team) Packet Pg. 35

36 5.18.a Attachment: c _001 (1274 : C RES: First responders consider creaating an opioid response team) Packet Pg. 36

37 6.19 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Resolution Offered By: Councilor Peter Napolitano Be it Resolved: By the City Council of the City of Everett, Massachusetts, as follows: That the City Engineer respectfully be requested to appear at Public Safety Committee meeting to discuss any plans for changing the traffic pattern for Church Street and provide a copy of the study for Church Street and Webster Streets to City Council. Packet Pg. 37

38 6.20 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Resolution Offered By: Councilor Ward 6 Michael McLaughlin Be it Resolved: By the City Council of the City of Everett, Massachusetts, as follows: That Brian Doherty from the Massachusetts Building Trades be respectfully invited to the next City Council meeting regarding plans to ensure preferential hiring of Everett residents at the Wynn Boston Harbor Casino Resort. Packet Pg. 38

39 7.21 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Order Offered By: Councilor John Hanlon, As President Be it Ordered: By the City Council of the City of Everett, Massachusetts, as follows: That the City Council goes into Executive Session pursuant to G.L. c. 30A, 21(a)(7) to comply with the Open Meeting Law, G.L. c. 30A, 22(f), to review and consider potential approval and/or release of Executive Session Meeting Minutes for Packet Pg. 39

40 7.22 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Resolution Offered By: Councilor Ward 6 Michael McLaughlin, Councilor Richard Dell Isola Jr. Be it Resolved: By the City Council of the City of Everett, Massachusetts, as follows: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVERETT AS FOLLOWS: That when Broadway "Bus-Only Lane" pilot trial data becomes available Mr. Jay Monty from Planning & Development is hereby respectfully requested, to provide the City Council with any and all statistical data gathered regarding the pilot program; and BE IT FURTHER RESOLVED: That Mr. Monty be cordially invited to the next meeting of the Committee on Government Operations, Public Safety and Service to review and offer insight to the findings including: 1. How many cars required towing; 2. Effect on business owners and any recommendation to less the impact on the same; and 3. Effect on traffic in general and rotary traffic specifically. Packet Pg. 40

41 7.23 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Resolution Offered By: Councilor Ward 6 Michael McLaughlin, Councilor Richard Dell Isola Jr. Be it Resolved: By the City Council of the City of Everett, Massachusetts, as follows: That the Water Superintendent be cordially invited to the next Government Operations, Public Safety and Service meeting to discuss: 1. Status of Annual Hydrant Testing in the City of Everett; 2. The Results thereof; and 3. Corrective action being taken if necessary. Packet Pg. 41

42 7.24 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Ordinance Offered By: Councilor John Hanlon, As President Be it Ordained: By the City Council of the City of Everett, Massachusetts, as follows: Licensure of Taxicabs, permit to Operate Taxicabs, Operation, Fares, Penalties and Enforcement Section 1. (a) Definitions: The following definitions shall apply to this section of the City Council s Rules unless a contrary meaning is plainly intended or required by law. (1) Taxicab: A car or similar conveyance which, together with the driver, offered for hire to transport one or more persons in Everett, or between a point in Everett and any point outside the City, there is an exception for common carriers, livery services, vehicles used in connection with funerals, and government operated transportation entities. (2) Taxicab Businesses: A business in any form, whether sole proprietorship, partnership, corporation or trust, which engages in the business of operating taxicabs in the City of Everett. (3) Taxicab Driver: One who actually drives, controls, or operates a taxicab in the City of Everett, accepting persons who are duly and properly licensed to operate a taxi in an another community and whose only operation in Everett is the passing through or completion of a trip which originates in another community. (4) Party: A party shall be considered any number of individuals with the same origin and destination. (b) Licensure of Taxicabs/Taxicab Business: (1) License Required: No taxicab shall be driven, operated or caused to be operated as a vehicle for hire without a valid license obtained for that vehicle from the City Council. Each vehicle shall require a separate Taxi license plate and be registered as a taxicab with the Commonwealth of Massachusetts. (2) Application: Each applicant for licensure of a taxicab business in the City of Everett shall submit an application on a form approved by the City Council and who shall approve such licensure only after a public hearing, after being satisfied that the applicant or responsible manager of the applicant is no less than twenty-one years of age at the time the application is received, and review by the Chief of Police (or by his designee). The application shall include the following information: a. The intended place of business within the City of Everett Packet Pg. 42

43 7.24 b. The name of the owner, manager or principal representative/agent c. Proposed hours of operation d. Telephone number where the licensee may be contacted in the evening e. Description of the proposed vehicle(s) including the make, model, mileage, and age of the vehicle(s). (3) Review by Chief of Police Upon receipt of all applications for taxicab licensure the City Council shall forward said applications to the Chief of Police for review. The Chief of Police shall review the application for licensure of all applicants and forward his comments and/or recommendation, if any, to the City Council no later than thirty (30) days after receipt of the application. No license shall be granted until the Chief of Police has reviewed the application. (4) Insurance As a pre-condition to issuance of a license as a taxicab business, the applicant shall submit proof of insurance for all vehicles to be used in the business issued by an insurance company authorized to do business within the Commonwealth of Massachusetts pursuant to G.L. c. 175 sec. 47. A copy of the insurance certificate shall be delivered to the City Clerk. The City shall be listed as a Certificate Holder with the Certificate provided to the City Council and notice of cancellation or amendment of the policy shall be given to the Chief of Police with no less than thirty (30) days notice prior to said cancellation or amendment. (5) Liability The licensee is at all times responsible for the vehicle(s) and shall be liable for all penalties and/or damages resulting from operation of the vehicle(s) by an employee or agent. (6) Grant or Denial of License The City Council may upon receipt of an application, issue a license under such terms and conditions as they deem appropriate to promote the public interest. The Council, in determining whether to issue a license, may consider public demand, the effect of the proposed service on the relevant safety and traffic conditions, the character and financial responsibility of the applicant, the condition of the proposed vehicle(s), and any and all other relevant facts or circumstances. In addition, the Council may decide to grant a license on a temporary basis for good reason, not to exceed six (6) months. (7) Miscellaneous: a. Storage: No taxicab license shall be issued to any vehicle that is not stored and garaged on private property. b. Telephone: At all times the company shall maintain a business telephone number in the City of Everett. c. The owner or one member of the firm or corporation shall also, at all times, carry a valid City of Everett Taxicab Driver s Permit. (8) Limit, Term and Fee Packet Pg. 43

44 7.24 a. Limit: The city council shall not issue more than one license for the operation of taxi, per two thousand or part thereof recorded persons living in the city as of its last federal census. b. Term: Any license shall expire on May 31 st next ensuing unless sooner revoked or surrendered. Any licensee who permanently ceases to operate the taxicab business or ceases to operate for an aggregate of 90 days or more shall forthwith surrender the license to the City Council. c. Fee: The annual fee for each license issued shall be three hundred and fifty dollars ($500) for the Taxicab business including one vehicle and one hundred and fifty dollars ($200) per additional vehicle. (9) Vehicle Inspection Subsequent to the grant of the initial license, but prior to issuance, the licensed vehicle(s) shall be inspected at the direction of the Police Department to ensure full compliance with state safety standards. Nothing herein shall relieve a licensee of its responsibility to ensure the safety of the vehicle(s) and compliance with applicable laws and regulations. (10) Meter Inspection Each Taxi Meter must have a current seal on the meter from the Inspection Services Department, Division of Weights and Measures. (11) Notification as to Vehicle a. Upon issuance of a license the license holder, prior to the operation of the taxicab, shall provide the following information to the City Clerk: 1. The make, model, vehicle identification number, the age and mileage of the vehicle, 2. A copy of the vehicle s certificate of registration with the Registrar of Motor Vehicles; 3. A copy of the Certificate of Insurance coverage page for the vehicle. (12) Renewal Application, Replacement of Vehicles, and Inspection a. Renewal application shall be submitted no later than May 1 st of each year; the renewal fee shall be five hundred ($500) for the taxicab business including one vehicle and two hundred dollars ($200) per additional vehicle. b. If a vehicle is changed within a license year, the license fee for the replacement vehicle shall be one hundred dollars ($100) c. Prior to the granting of a renewal license by the Council or the replacement of a vehicle, the vehicle shall be inspected at the direction of the Police Department to ensure full compliance with these regulations. A vehicle which has not passed inspection shall not be granted a renewal license. (13) Suspension or Revocation a. The City Council may suspend or revoke a license issued under the provision of this article for good cause. Before suspension or revocation of a license, the licensee shall be entitled to a hearing thereon before the City Council. Written notice of the hearing shall be forwarded to the licensee at least seven (7) calendar days prior to the date of the hearing. Such notification shall state the grounds of the complaint and the date, time, and place of the hearing. The City Council, or Chief of Police may temporarily suspend a license without a hearing for a period of no more than ten (10) days or until a hearing is held, whichever is Packet Pg. 44

45 7.24 sooner, if there is sufficient evidence to indicate that the public safety would be endangered by the further operation of the taxicab business. (14) Assignment or Transfer of License Prohibited a. No license issued pursuant to this by-law shall be sold, assigned or transferred. (15) Return of License to Police Department if Lost or Destroyed a. Upon suspension and/or revocation of a license it shall be returned promptly to the Police Department or the cessation of use of the vehicle(s) for hire. b. If a license is lost or destroyed, the licensee shall immediately report such loss to the Police Department who shall replace said license for a fee of twenty-five dollars ($25.00). (c) Permit to Operate Taxi Cab: (1) Permit required: No person shall operate a vehicle, and no licensee shall employ or allow a person to operate a vehicle, unless the operator first obtains a permit from the City Council or their designee. (2) Age/Experience: No permit shall be issued to a person under the age of twenty-one (21), nor to any person who has not had a valid operator s license for two (2) years prior to application. (3) Application: Application for a permit shall be made, in writing, to the City Council and shall provide the following information: a. Full name and address of applicant b. Copy of valid operators license issued by the Massachusetts Registrar of Motor Vehicles c. All previous experience (if applicable) operating a vehicle for hire d. Convictions or guilty pleas to a criminal offense (except as outlined below). If applicable the applicant must state the offense(s), court(s) where convicted or the guilty plea occurred and when the conviction(s) or plea(s) occurred. The following information is not and shall not be requested, examined or considered: 1. Arrests, detentions or dispositions in which no conviction or guilty plea resulted; 2. Convictions which have been reversed or vacated but not pardoned; 3. Misdemeanor convictions or guilty pleas when the date of conviction or plea was more than ten (10) years prior to the date of the application for the permit 4. Traffic violations for which there was a finding of responsibility more then two (2) years prior to the date of the application for the permit or for such period of time as the City Council shall request. e. Failure to give accurate and complete information as required above may be grounds for denial, suspension, or revocation of a permit. (4) Review by Chief of Police No permit shall be issued by the City Council until the application has been reviewed by the Chief of Police or his designee. Thirty (30) calendar days will be allowed for said review. Packet Pg. 45

46 7.24 (5) Issuance or Denial of Permit a. An application shall be granted only if the City Council through the City Clerk determines that granting a permit to the applicant is in the best interest of the public. Criminal convictions or pleas of guilt shall not result in an automatic denial of an application, but shall be given significant weight in the consideration of permit approval by the City Council through the City Clerk, taking into account all factors including the nature and gravity of the offense, the time that has passed since the conviction or plea and the sensitive nature of serving the public as a driver of a vehicle for hire. In addition, the City Council through the City Clerk may decide to grant a permit on a temporary basis for good reason, not to exceed six (6) months. b. In the above cases, the City Clerk may refer the matter to the City Council and City Solicitor for their advice. (6) Term and fee a. Term: Any permit hereunder shall expire on May 31 st next ensuring unless sooner revoked or surrendered. A permit holder who ceases to operate vehicles shall surrender his permit to the City Council b. Fee: The annual fee for a permit shall be twenty-five dollars ($25); the fee for a renewal permit shall be twenty-five dollars ($25). In connection with the issuance of a temporary permit the Council may elect to reduce the annual fee. (7) Picture Identification Card A picture identification card shall be issued by the City Clerk, on behalf of the City Council, to each permit holder. (8) Proper Paperwork Each permit holder shall have on his person, or on display in plain view within his taxicab, a valid Massachusetts Operators License, Picture Identification Card, and Permit to operate a taxicab from the City Council whenever operating a taxicab within the City of Everett. (9) Liability A permit holder is at all times responsible for the vehicle in his or her care and shall be liable for all penalties and or damage resulting from his operation of the vehicle. Nothing herein shall eliminate or reduce the responsibility of liability of the permit holder pursuant to the applicable provisions of these regulations or law. (10) Suspension or Revocation a. The City Council may suspend or revoke a permit granted under the provision of this by-law for good cause. Before suspension or revocation of a permit, the permit holder shall be entitled to a hearing thereon before the City Council. b. Notice of the hearing shall be in writing and forwarded to the permit holder at least seven (7) calendar days prior to the date of the hearing. Such notification shall state the grounds of complaint and the date, time and place of the hearing. c. The City Council or the Chief of Police (or by his designee) may temporarily suspend a permit until a hearing can be held in accordance with the procedures set out above if there is sufficient evidence to indicate that the public safety would be endangered by the continued operation of the permit holder. In no Packet Pg. 46

47 7.24 event shall a temporary suspension be for a period longer than ten (10) calendar days. (11) Return of permit to Police Department if Lost of Destroyed a. A permit shall be promptly returned to the Police Department by the permit holder upon suspension or revocation of the permit or the cessation of use of the permit. b. If a permit is lost or destroyed, the permit holder shall immediately report such loss to the Police Department who shall replace said permit. The cost for a replacement permit shall be ten dollars ($10.00). (d) Operation of Taxicab (1) Duty to Transport The driver of a taxicab shall not refuse transportation to any person except when: a. A person is loud or disorderly, b. 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, c. A person is unconscious and placed in the vehicle by others. d. To do so would constitute assisting in a crime. (2) Sharing a Ride a. No permit holder shall accept a passenger while the taxicab is occupied or engaged without the consent of the passenger(s) already in the taxicab. No person shall be subject to an increase in fair because of said refusal. Separate fares shall not be charged to members of the same party. (3) Waybill a. Each permit holder or its agent shall maintain a waybill form issued/approved by the Police Department. Said waybill must contain documentation of every trip and include the following information: 1. Pick up and drop off locations 2. Number of passengers 3. Fare collected 4. Any articles, if applicable, that are left in the taxicab 5. Records must be kept for at least one year and made available for inspection by the City Council or the Police Department upon request. (4) Taxi Stands Parking Standing a. The City Council may assign a taxi stand or stands to one or more taxicabs. The City Council may also designate specific areas, streets or ways where vehicles may not park or stand. b. No permit holder may drop a passenger off on any street or any place except at the curb. (5) Maintenance of Vehicles Every vehicle shall be kept in good condition, suitable for occupancy and mechanically fit for the safety of passengers. The interior and exterior of the vehicle must be safe, clean, and sanitary at all times. (6) Inspection Packet Pg. 47

48 7.24 a. The City Council, City of Everett Police Department (or its designee) shall have the right to inspect any vehicle for purposes of these regulations or as public safety requires. b. The licensee/permit holder shall provide full cooperation with respect to inspections. c. Police Officers shall have a right to make inquiries to licensees and permit holders regarding any aspect of its operation and the licensee and/or permit holder shall respond to any such inquiry in a reasonable and civil fashion. (7) Smoking: Smoking in a taxicab is prohibited (8) Suspicious Behavior Every permit holder or licensee shall report to the police department any suspicious actions of a passenger(s) that is observed. (9) Appearance/Behavior of the Operator a. Every driver of a taxicab shall be suitably dressed, neat and clean in appearance. b. Each driver shall be respectful and courteous to all passengers. (10) Display or License, Picture Identification Card and Rates of Fare: Every taxicab while on duty shall display the following cards so that they are secure, immobile and plainly visible to all passengers riding in the backseat of the taxicab: a. License b. Permit holders picture identification card c. Fare Rates d. Such other information as the City Council reasonably deems appropriate (11) Letter on Taxicabs Pursuant to G.L. c. 40 sec. 22 every taxicab licensed shall have the name or the trade name of the owner and serving Everett painted on both sides in letters not less than four inches high and one half inch wide. This regulation shall apply to any and all vehicles in a taxicab fleet. (12) Lost Articles Every permit holder or licensee shall deliver any article left within the taxicab to the Police Department no later than 24 hours after finding said article. All articles not claimed by their rightful owner within one year s time shall be given to the permit holder or licensee by whom they were left. (13) Copy of Regulations: Every taxicab while on duty shall have a copy of these regulations, which shall be shown to any passenger or Police Officer upon request. The permit holder shall be responsible for the implementation of this requirement. (e) Fares The City Council may establish rates of fare for the conveyance of passengers and baggage, and may revise such when they so determine. The rate of fare shall be on file at the Office of the City Clerk. (1) Receipt a. A receipt shall be made available upon the request of any passenger. b. If there is a dispute regarding the fare, a receipt shall be issued containing the full name and permit number of the driver, the date and time of the giving of the receipt, the amount received, and the pick-up and drop-off location. The Packet Pg. 48

49 7.24 (f) receipt shall also state the complaint and should be referred in writing to the City Council. (2) Trips Within the City of Everett a. The maximum rates to be charged for taxicab service within the City of Everett shall be as follows: b. There shall be a seven-dollar ($7.00) flat rate fee for all trips that pick up and discharge within the boundaries of the City of Everett. c. For Everett trips with more than one (1) passenger, a one-dollar ($1.00) surcharge is permitted to be charged to each additional passenger after the first passenger. (3) No Fares in Excess of Established Rates No taxicab permit holder shall demand or receive as a fare more than the fare established by the City Council under the authority granted by these regulations. (4) Rates for trips outside the City of Everett Charges of taxicabs originating outside the City of Everett but ending in the City of Everett shall not be subject to these regulations. Penalties/Enforcement (1) Each violation of this article shall be punished by a fine of $100 for each day said violation occurs. (2) Any complaints against a permit holder and or owner of the taxicab business by the public or public officers may be brought before the City Council. (3) The terms thereof may be enforced by any police officer of the City, either through conventional procedures of the District Court or by non-criminal disposition pursuant to the Revised Ordinances of the City of Everett. Section 2: This ordinance shall take effect thirty (30) days after its final approval as adopted and advertised. The rules and regulations of this section are promulgated pursuant to G.L., C. 40, Sec. 22. Packet Pg. 49

50 7.25 December 12, 2016 City of Everett, Massachusetts CITY COUNCIL Bill Number: C Bill Type: Ordinance Offered By: Councilor John Hanlon, As President Be it Ordained: By the City Council of the City of Everett, Massachusetts, as follows: An Ordinance Etablishing Livery Licensing in the City of Everett SECTION 1. Definitions (1) City The City of Everett (2) Place of Business An office, waiting room or garage from which the business of a livery service is conducted. A garage used solely for the storage or maintenance of livery vehicles which are not regularly operated in the City of Everett shall not be considered a place of business. (3) Public Place Public property or private property to which the public has lawful access. (4) Livery Vehicle A passenger car, station wagon, van or limousine used for transporting persons and items in their possession for compensation. Livery vehicles need not be marked on its exterior with the livery company name or number. Such vehicle does not operate on a fixed route and is hired by means of a telephone request or contract arranged in advance of the time transportation is needed. The minimum charge for all limousine or livery service in the City of Everett shall be thirty-five ($35.00) dollars for all passenger fares. Eight (8) hours advance notice is required on all reservations. Vehicles used solely in connection with transportation for funerals shall not be considered livery vehicles and shall not be subject to the provisions of this Ordinance. (5) Permit Authority Everett City Council SECTION 2. LIVERY LICENSE REQUIREMENTS (1) A livery service shall be subject to the provisions of this ordinance if; (a) it maintains a place of business within the City of Everett; and (b) it advertises, in any format or medium that it provides livery service within the City of Everett. Packet Pg. 50

51 7.25 (2) No person or business entity shall within the City of Everett, engage in any conduct, which would constitute the business of a livery service without a Livery Service License issued by the Everett City Council. The Livery company is responsible for conduct and actions of the drivers while operating the vehicles owned by the company. (3) No vehicle shall be utilized by a livery service unless such vehicle: (a) Is properly registered under Massachusetts law; (b) Is properly insured or bonded under Massachusetts law; (c) Has a valid Massachusetts vehicle inspection sticker; (d) Has been issued by the Everett City Council, (e) Development, and displays a livery vehicle permit. SECTION 3. LIVERY SERVICE LICENSE (1) Application process Each applicant for a livery service license shall make application to the City Clerks Office. Such application form shall contain the applications identifying information; the proposed location(s) to be used in the operation of the service, including place of garaging; the number and type of vehicles the applicant intends to utilize in the service; a written description of the services to be provided under the license. Each applicant must execute a statement, in writing and under the pains and penalties of perjury that the applicant owes no back taxes to the Commonwealth of Massachusetts or the City of Everett. (2) Each application must be accompanied by: (a) An application fee of $200.00, check made payable to the City of Everett. (b) A yearly renewal fee of $ for two (2) vehicles. Each additional vehicle shall cost an additional fifty ($50.00) dollars. (c) CORI Request form, (d) Copy of current insurance policy, (e) Copy of current registration for vehicles. SECTION 4. AUTHORITY OF PERMIT GRANTING AUTHORITY (1) The City Council may, within its discretion, deny, grant, amend or modify a livery service license. (2) If granted, such license shall be subject to such conditions or restrictions as may be imposed by the City Council. (3) The City Council may, for cause and after public hearing, amend or revoke any license that has been granted. SECTION 5. LICENSE (1) A license granted by the City Council shall be issued by the City Clerk. Such license shall specify: (a) the name of the service, (b) effective date of the license, Packet Pg. 51

52 7.25 (c) expiration date of the license and (d) the conditions or restrictions as imposed by the City Council, 1. including the place or places of business, 2. place of garaging, 3. days and hours of service, 4. manner by which fares are to be determined, 5. amount and types of vehicles that may be utilized by the service; and 6. any other specific condition. (2) All licenses shall expire at the close of December 31 of the year of issuance. (3) There shall be no pro-rating of application/license fees. (4) A license shall be non-transferable. (5) A license holder may apply to the City Council for a modification or amendment of an existing license. Such application shall be submitted upon standard application form and must be accompanied by an application fee of One Hundred ($100.00) Dollars; (6) Limousine or livery service must be a separate corporation and/or business from any other business(es) or taxicab service(s). Business(es) must maintain a separation of staff and separate telephone lines from all radio taxicab services, and all limousine and livery operators must be separate from taxicab operators. SECTION 6. MANDATORY REPORTS AUTOMATIC SUSPENSION OF LICENSE (1) The holder of a license to operate a livery service must, within twenty-four (24) hours of its occurrence, report, on behalf of his or her livery service, the following to the office of the City Clerk: (a) The suspension of revocation of a motor vehicle registration certificate for any vehicle utilized by the service; (b) The cancellation of the service's motor vehicle liability insurance policy or bond; (c) Suspension or revocation of the permit holder's Massachusetts Motor Vehicle Operator's License, or the suspension or revocation of the permit holder's license or right to operate in any other state. SECTION 7. SUSPENSION OF REVOCATION OF LICENSE (1) A license to operate or manage a livery service may be suspended or revoked after notice to the holder of such permit and a hearing before the Committee on Business and Community Development. Suspension or revocation is authorized if, after said hearing before the Committee and based on the findings of the Committee, the City Council determines, according to the standard of a preponderance of the evidence the license holder: (a) Has knowingly made a false or inaccurate statement on any record or application required by any of the provisions of this Ordinance; (b) Is, in any jurisdiction, convicted or subject to a finding of sufficient facts for a finding of guilty in regard to any felony offense; Packet Pg. 52