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HIGHTSTOWN: Taxicab ordinance gets in gear

By Amy Batista, Special Writer
   HIGHTSTOWN — Following months of revisions and tabling, the introduction and first reading of a new taxicab licensing ordinance was approved in a tie breaking vote at Monday’s Borough Council meeting.
   The vote was 4-3, with Mayor Steven Kirson casting the tie breaking “yes” in favor of the measure — which was followed by a round of applause from the audience. Members of the Unidad Latina en Accion New Jersey organization were present. Council members Susan Bluth, Gail Doran and Robert Thibault voted against the measure.
   The ordinance limits the number of taxicab licenses issued by Hightstown to five companies. It allows for each company to have an unlimited number of taxis within the borough — a change from a previous draft of the ordinance, which had limited the number to 20 taxis allowed within borough limits at one time.
   ”We’ve talked about this for many months,” said Mayor Kirson as he recapped the many revisions of the ordinance.
   Councilwoman Bluth said, “I can’t support this with (a) $35,000 (liability insurance limit),” noting it was “too low.”
   Councilman Thibault agreed with this aspect of the ordinance in addition to expressing his concerns of “having no limits” on the number of taxicabs allowed in town. He said he could not support the ordinance.
   ”Since January, I’ve been going through existing taxicab ordinances in municipalities who have passed taxicab ordinances to address the state law,” said Councilman Thibault. He said that he looked at 53 towns that were similar in criteria to Hightstown’s square mileage, population, average household income and Hispanic population.
   ”I can’t support the ordinance with no limits. Even with 20 taxis, Hightstown has the fourth fewest residents per taxi,” he said.
   Further, the councilman said that only Red Bank, Wildwood and Atlantic City have lower ratios of residents per taxi than Hightstown in demographics and that “Red Bank is almost identical.”
   ”According to the census, zero percent of Hightstown residents use a taxi to get to work,” Councilman Thibault.
   He continued, “Census says no,” which received a few chuckles from Unidad Latina en Accion New Jersey members and supporters of the audience in the audience.
   ”This is data. Facts are stubborn things. You can get out there and argue against (it) but this data is available if you want to refute it,” Councilman Thibault said.
   Councilman Thibault stated that he said back in January, “‘Show me the data.’”
   He continued, “As an elected representative, to err on the side of caution, enforce the limit — and if you have the data, as I said in January, show me there is a demand that’s not being met. I would be willing to consider a change.”
   ”I’m looking at this from a different perspective than you are,” said Councilwoman Lynne Woods, adding that the ordinance limits the number of companies in town, which would impact the number of taxicabs.
   ”The point is if you license all of the taxis then they are available to come. It doesn’t mean there are going to be more taxis at one time within the community,” she said, adding that if they were to only license a particular number of taxis per each given the company, and if all those taxicabs were busy on other jobs elsewhere, then taxi transportation would be unavailable in the borough.
   ”The need is already there and those taxis are already coming in,” Councilwoman Woods said, which was received with supportive applause from the audience.
   ”But on what evidence is the need already there?” Councilman Thibault asked.
   ”You see them in the streets. We see them all the time in town so at least if they are licensed they can be monitored and things will be enforced,” Councilwoman Woods responded.
   ”I would even take that a step further,” said Councilwoman Doran.
   ”There is no distinction between East Windsor and Hightstown when they are talking about dropping off here and there,” she said in response to discussions held during previous meetings.
   ”I think we need to match what exists in East Windsor,” Councilwoman Doran said. She stated that having the licenses issued for five taxicab companies via an auction process was “grossly unfair.”
   Councilwoman Doran also agreed with other council members that the “insurance was set too low.”
   ”I have a very large problem with the cap of five and particularly with the auction,” she said.
   Councilwoman Woods said the auction came from a part of the law in which a section was in place to help generate revenue to communities with a lot of taxis.
   ”I hear you on that and while I am sensitive to the need to raise money in the borough, I just don’t think this is the place to do it,” Councilwoman Doran said.
   ”I don’t think that is our goal,” Mayor Kirson said.
   Police Director James Le Tellier said that he reviewed and studied numerous taxi ordinances around the world and in other municipalities and noted that the ordinance was based on the “five companies that were actively working between Hightstown and East Windsor.”
   ”Earlier this year, we reached out to borough clerks. We contacted the clerk from East Windsor to get a list of their taxi licenses and they don’t even keep them,” said Mr. Le Tellier.
   Mr. Le Tellier stated that his issue was enforcement.
   ”This guarantees that each person has an opportunity to make a lawful living and that each person who gets a license has had a background check on (his or her) motor vehicle records,” Mr. Le Tellier said.
   Mr. Le Tellier said he had held several meetings with people of the taxicab community.
   Further, “Respectfully, a lot of these towns have mass transit,” Mr. Le Tellier said in response to Councilman Thibault’s listing of towns similar to Hightstown with more restrictive ordinances in place.
   Mr. Le Tellier also refuted Councilman Thibault’s prior comment that no one in Hightstown takes a taxicab to work and noted that if he probably asked someone in the room, “a hand would come up.”
   ”But again, that is government by antidote, we can’t do that,” Councilman Thibault interrupted.
   ”Well, you are asking me to give a presentation based on my expertise, that’s all I can give you. You have to make the decision, respectfully,” Mr. Le Tellier said.
   Both Mr. Le Tellier and Councilman Thibault used the American Community census as the basis of their presentations of data relating to the taxicab ordinance.
   ”I have nothing to gain here but to make sure that I enforce, that the residents of Hightstown are protected,” Mr. Le Tellier said. “I can tell you what the law is and what reality is.”
   Further, “If you want to eliminate the gypsy cabs, there is only one way to do that, to give them the opportunity to become legal and the market is going to determine if it has too many cabs,” Mr. Le Tellier said.
   ”Different communities have different needs,” Mr. Le Tellier said. “You are in a rural area.”
   As for insurance liability, “The law established by the State of New Jersey, established the $35,000 limit. You don’t have the right to increase it,” Mr. Le Tellier said.
   ”I’ve done my best, that’s all I can tell you,” Mr. Le Tellier said and received a round of applause from the audience.
   The newly revised Ordinance 2012-10 also identifies the location of three taxicab stands in the borough.
   Frederick Raffetto, borough attorney, explained that the taxicab ordinance was broken down into two sections now. One deals with the taxicabs licensing and the other with the traffic and operations.
   In addition, Mr. Raffetto noted that three locations in the borough, which will now have taxi stands:
   1) the intersection of Railroad Avenue and Rogers Avenue;
   2) the intersection of Broad Street and Franklin Street and;
   3) Stockton Street in the cut-out by Railroad Avenue on the south side.
   Mr. Raffetto said the locations were “recommended by the police director.”
   ”No more than one taxicab from the same taxicab owner’s company is permitted to be parked, or to otherwise occupy, the same taxi stand at the same time, so that they are basically not bumping each other out and crowding one particular owner,” Mr. Raffetto said.
   The public hearing and final vote on the taxicab ordinance is scheduled for Aug. 6 council meeting.