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HomeMy WebLinkAbout10-11-11 Wrecker Committee Meeting and Public HearingWRECKER COMMITTEE MEETING AGENDA Notice is hereby given of a Meeting and Public Hearing of the La Porte Wrecker Committee to be held on October 11, 2011, at 3:00 p.m. in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. 1. Call to order 2. Roll call of members 3. Consider approval of the August 30, 2011 meeting minutes 4. Conduct public hearing to consider possible action relating to the La Porte Wrecker Committee decision on August 30, 2011, which transferred Wrecker Permit Number 545 from La Porte Automotive, Inc. to La Porte Towing, Inc. A. Open public hearing B. Staff comments C. Public comments D. Close public hearing 5. Consider action to suspend, cancel or revoke Wrecker Permit No. 545 currently under the name of La Porte Towing, Inc., or take other action relating to Wrecker Permit No. 545. 6. Administrative Reports 7. Committee comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy 8. Adjourn A quorum of City Council members may be present and participate in discussions during this meeting; however, no action will be taken by Council. In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the October 11, 2011, agenda of items to be considered by the City of La Porte Wrecker Committee was posted on the City Hall bulletin board on the day of , 2011. Title: City of La Porte Wrecker Committee Minutes of August 30, 2011 Committee Members Present: Tim Tietjens, Planning Director (designated representative of the City Manager); Patrice Fogarty, City Secretary; and Lt. Gary Rice (designated representative of the Police Chief) Staff Members Present: Clark Askins, Assistant City Attorney; Debbie Wilmore, Chief Building Official; Jeff Tippit, DOT Officer; and Peggy Lee, Office Coordinator 1. Call to order. Meeting called to order by Chairman Tim Tietjens at 2:34 p.m. 2. Roll call of members. Tim Tietjens, Patrice Fogarty, and Lt. Gary Rice were present for roll call. 3. Consider approval of January 17, 2011, meeting minutes. Motion by Lt. Gary Rice to approve the Minutes of January 17, 2011. Second by Patrice Fogarty. Motion carried unanimously. 4. Conduct public hearing on possible action to suspend, cancel or revoke Wrecker Permit Numbers 549 thru 558 issued to RBEX, Inc. d/b/a Apple Towing Co. A. Open public hearing Chairman Tietjens opened the public hearing at 2:37 p.m. B. Staff comments Chief Building Official Debbie Wilmore reported the City had received concerns about some of the automobile wrecker permits that have been issued and in trying to address those concerns, Chairman Tietjens had asked her to review all issued permits to check for any irregularities. The following information was provided by Mrs. Wilmore as a result of her review of the five companies currently licensed to operate in La Porte: Apple Towing — State of Texas information matches the information on file for La Porte; however, the City issued the licenses with conditions, one of which required ownership of the property. Apple Towing is in the process of purchasing the property, but the sale has not been finalized. There is an item on the agenda for the Committee to consider possible action on the matter. Charlie Hinds Paint & Body — No irregularities were found. Wrecker Committee Minutes of August 30, 2011 Page 2 of 6 La Porte Automotive — Wrecker company name listed with the State and shown to be transitional was Lo Porte Automotive DBA Lo Porte Towing & Lo Porte Automotive. State information reflects Bobby Slocum as Manager and Keith Mainor as Owner. Application with the City represents Keith Mainor as President. No storage yard was listed with the State. La Porte Towing, Inc. — Wrecker company name listed with the State was Keith Mainor as President. Application with the City represents Bobby Slocum as President. A storage yard was listed with the State. Stringer Wrecker Service, LLC DBA McGinty Wrecker Service — Wrecker company name listed with the State was Marla and Timothy Stringer. Application with the City is under the name Marla Stringer. A storage yard was listed with the State registered as A&W Jones Collision. C. Public comments Mike Scully, President of Apple Towing, addressed the Committee. Mr. Scully noted the letter he received from the City dated January 3rd did not indicate a deadline for completing the items. The purchase of DeWalt Towing is progressing; however closing is held up until Mr. DeWalt can obtain power of attorney for his wife. Mr. DeWalt indicated to Mr. Scully that a meeting with his wife's appointed attorney should occur within the next 14-20 days for a ruling on her guardianship. Prior to closing on the property, Apple Towing has expended approximately $50,000 in working towards completing all of the items designated by the City. Everything is in place, pending closing on the property. Based on his experience, Assistant City Attorney Clark Askins described the application process for guardianship. Charlie Hinds, Charlie Hinds Paint & Body, addressed the Committee. Mr. Hinds, familiar with delays associated with probate courts, recommended the Committee table a decision until December 31s' to afford Apple Towing an opportunity to get everything in order to finalize the purchase. Walt Jones, A&W Jones Collision, was under the impression that as of March 2011, there is a requirement to own a vehicle storage facility within the City, in order to have a slot on the wrecker call -out rotation list. In response, Chairman Tietjens stated Apple Towing's application is grandfathered because it was received prior to March. Wrecker Committee Minutes of August 30, 2011 Page 3 of 6 D. Close public hearing Chairman Tietjens closed the public hearing at 2:59 pm. 5. Consider action to suspend, cancel or revoke Wrecker Permit Numbers 549 thru 558 issued to RBEX, Inc. d/b/a Apple Towing Co. or take other action. Motion by Lt. Rice to table until December 20, 2011, a decision on Wrecker Permit Numbers 549 thru 558 issued to RBEX, Inc. d/b/a Apple Towing Co. with the understanding that if all previously established conditions of approval are deemed by City Staff to have been met prior to December 20, 2011, then no further action by the Committee would be necessary. Second by Patrice Fogarty. Motion carried unanimously. 6. Conduct public hearing on possible action to suspend, cancel or revoke Wrecker Permit Number 545 issued to La Porte Automotive, Inc. A. Open public hearing Chairman Tietjens opened the public hearing at 3:04 p.m. B. Staff comments Chief Building Official Debbie Wilmore reported the concerns the City received regarding Permit Number 545 pertain to ownership. The complainant cited La Porte Towing and La Porte Automotive are one company and should have only one slot on the rotation list. In response to Committee inquiries, Mrs. Wilmore noted the following: • Licenses have been issued for approximately the past 12 years to both companies. • According to the State of Texas, a vehicle is required to have a State license in order to be called out on a wrecker rotation list. • Prior to March 2011, shared use of a vehicle storage facility within the city limits was allowed. After March 2011, all permitted auto wrecker companies must provide proof of ownership of a vehicle storage facility within the city limits. • According to the State website, the status for La Porte Automotive DBA La Porte Towing and La Porte Automotive is shown as transitional. C. Public comments Bobby Slocum, La Porte Towing, 202 N. 111", addressed the Committee. During discussions and in response to questions from the Committee, Mr. Slocum noted the following: Wrecker Committee Minutes of August 30, 2011 Page 4 of 6 • Upon contacting and providing his circumstances to TDLR, Mr. Slocum was told to put both La Porte Towing and La Porte Automotive under one name to make it legal for the State's needs. Mr. Slocum noted the license shown as transitional is not needed, but the fee has already been paid. • La Porte Towing and La Porte Automotive are two separate companies. • Mr. Slocum is Manager and Keith Mainor is owner of La Porte Automotive DBA La Porte Towing and La Porte Automotive. • The State shows Charles Keith Mainor as President for La Porte Towing, Inc. Mr. Slocum stated he is President and owner. • Mr. Slocum began purchasing La Porte Towing in 2001 from Keith Mainor and his brother. Mr. Slocum will have unencumbered ownership of the property within two to three years when final payment is made in accordance with the written purchase agreement. • Mr. Slocum subcontracts with La Porte Automotive to do towing and manage the business. • La Porte Towing has three vehicles and La Porte Automotive has one vehicle. • La Porte Towing, Inc. has a registered vehicle storage facility located at 202 N. 11" • La Porte Automotive, shown in transitional status with the State, does not have a registered vehicle storage facility within the city limits. Charlie Hinds, Charlie Hinds Paint and Body, addressed the Committee. • Mr. Hinds provided handouts to Committee Members showing the TDLR status for each wrecker company in La Porte. La Porte Automotive DBA La Porte Towing & La Porte Automotive is shown as transitional while the other companies are shown as active. • Mr. Hinds confirmed that TDLR states a tow company is not authorized to operate any tow trucks unless both its certificate status and automobile liability insurance are active. • No vehicles are listed and no cab cards have been issued for La Porte Automotive DBA La Porte Towing & La Porte Automotive. • Mr. Hinds does not have a personal issue with Mr. Slocum. He reminded the Committee of the intent behind recent changes to the ordinance, which was one owner, one company, one rotation. Walt Jones addressed the Committee: • Mr. Jones agreed with Mr. Hinds's comments about one rotation. • Mr. Jones believes La Porte Automotive and La Porte Towing should not be allowed to share the same vehicle storage yard. • Mr. Jones does not have a personal issue with Mr. Slocum, he just believes everyone should abide by the same rules. Wrecker Committee Minutes of August 30, 2011 Page 5 of 6 Bobby Slocum commented that the transitional status Mr. Hinds was referring to pertained to the one shown by the State to be La Porte Automotive, which is not needed. All of Mr. Slocum's vehicles have licenses and cab cards. Marla Stringer, Stringer Wrecker Service/McGinty Wrecker Service, addressed the Committee. Ms. Stringer inquired if the wreckers used for La Porte Towing are the same vehicles for La Porte Automotive with regard to how they are insured. Mike Scully addressed the Committee. Mr. Scully was of the understanding that two permits could not be run from one address. If that is not the case, then he requested the DeWalt permits be revived for a second slot on the rotation. Mr. Slocum reminded everyone that La Porte Towing and La Porte Automotive are two separate companies. Chief Building Official Debbie Wilmore confirmed the vehicle licensed by the City for La Porte Automotive and the three vehicles licensed by the City for La Porte Towing all have insurance certificates on file. TDLR shows La Porte Towing and La Porte Automotive as an active tow truck company. Taking an opportunity to address the wrecker companies as a group, Chairman Tietjens reminded everyone to be sure and adhere to the 20-minute response time. Additionally, Lt. Rice asked everyone to pass on the call -out if they know they cannot respond within 20 minutes. Chairman Tietjens provided a recap of the discussion: • Active license for a tow truck company in the single name of La Porte Towing and La Porte Automotive with four vehicles • Active license for a vehicle storage facility in the name of La Porte Towing, Inc. • Transitional license for a tow truck company in the name of La Porte Automotive D. Close public hearing Chairman Tietjens closed the public hearing at 3:59 pm. 7. Consider action to suspend, cancel or revoke Wrecker Permit Number 545 issued to La Porte Automotive, Inc. or take other action. Motion by Lt. Rice to defer to TDLR, which shows two company names operating under one license known as La Porte Towing and La Porte Automotive, therefore only one slot should be Wrecker Committee Minutes of August 30, 2011 Page 6 of 6 allowed on the City's wrecker call -out rotation list. Second by Patrice Fogarty. Motion carried unanimously. Patrice Fogarty called for further clarification on the action taken. The Committee agreed the prior motion established there would be only one rotation allowed for La Porte Towing and La Porte Automotive and further action would be necessary to determine the status of Wrecker Permit Number 545 issued to La Porte Automotive. Motion by Lt. Rice to transfer Wrecker Permit Number 545 to La Porte Towing, Inc., together with Wrecker Permit Numbers 546, 547, and 548, thereby removing La Porte Automotive from the wrecker rotation list to coincide with the TDLR permit #005052331C. Second by Patrice Fogarty. Motion carried unanimously. 8. Administrative Reports There were no administrative reports. 9. Committee comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy. There were no committee comments. 10. Adjourn Chairman Tietjens adjourned the meeting at 4:25 p.m. Prepared by Peggy Lee, Planning Coordinator T, U LA PORTE, TEXAS 77571 281-471-9155 I would like to apologize for not attending the hearing held on Tuesday, August 30, 2011. 1 was unable to attend due to a pre -scheduled eye surgery. After talking to from the rotation list. I respectfully disagree with the decision and am requesting an additional hearing to review the material I have that validates my permit. Sincerely, Charles Keith Mainor President LA PORTE, TEXAS 77571 281-471-9155 MW nl =1=1 EGEIVUk OCT 0, 7 2011 EGEIVEEA OCT 0 7 20il By, jo is 4� o IS , E (3"' E V E OCT g 2011 I I I(d I-ol J VD(L11- ' � V! (I CA Ca,j L, i IF OCT 7 2011 Cua 0 OCT 0 7 20il TVk c -. )Gt-ci-rk E OCT 0 7 2011 mm vi X LCLV- 1) 9 tr 1) OCT 0 7 2011 Z _ �� <\ 2� . ��� ~ = rZ \{ \\ OCT 0 / 221 ,\ ,w O 39 - AV F <,}{ \\OC} 0, / 2011 \\ )� IP' IF- OCT 0 7 2ml OCT 0 7 2011 DATE (MMIDDIYYYY) CERTIFICATE OF LIAMLITY INSURANCE T� 08/23/2011 _,iS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OFF NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES SELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED PEIPRESENTATIVE OR PRODUCE, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endorsement. A statement on this Certificate does not Confer rights to the certificate holder in lieu of such end'orsement(s). ;RODUCER NAME Amy Martin HO Alpha -omega Insurance Group LP JAN CCa Est. 281.897.9393 x205 aic,No):2SL 97.84,9 E-MAIL 11330 West Load ADDRESS: Houston, TX 77065 INSURER(S) AFFORDING COVE RAGE NAIC4 Amy Martin INSURER A: Plaza Insurance Company ;vSulzEn La Porte Tatlaii3g Inc NsuRERB: La Porte Automotive INSURERC: PC Box 87 INSURER D : -...-.......... La Porte, TX 77572 INSURERE: CERTIFICITE-11UMVET. 2011-2012 REVISION NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF (NSUROICE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. +Z31 ` TYPE OF INSURANCE _ R INSR WVD'.� POLICY EFF POLICY NUMBER (MMIDDIYYYY) POLICY EXP LIMITS (MMIDDtYYYY) -- GENLRALLIABILMY g PT{�IT�I{1�(}2 3.. ^g 0911a12011 09i15.l2012 EACHOCCURRENCE:. $ 1,000,0001 COMMERCIAL GENERAL LIABILITY PREMISES {Ea ©occurrence) 100,000 $ 5,000 1TCLAIMS-MADE � OCCUR MED EXP (Any one person) $ 1. , 000 , 000 A PERSONAL & ACV INJURY $ 2,000,000 GENERALAGGREGATE $ 11000,000 GENT AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMPIOP AGO POLICY 7 PR1-7LOC E -PTOWK002..039-01 $ ,y_^ ADINED UTOMOBILE LIABILITY 09115/2011 SINGLE LIMIT 0911512012 COM (Ea accident) $ 1.,000,000 $ ANY AUTO ... g ALL OWNED y SCHEDULED I AUTOS I AUTOS NON -OWNED Al HIRED AUTOS AUTOS BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ $ $ - UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIArs CLAIMS -MADE N/,+ AGGREGATE _( _WC $ DED I I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS` LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERJMEMP,ER. EXCLUDED? N I A (Mandatory in NH) N/ STATU- I JOTH- I TORY LIMEa____L RR E.L.EACHACC-IDENT E.L. DISEASE - EA EMPLOYEE $ $ if yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE -POLICY LIMIT $ actor Truck Cargo PTOWK002039-0109/1512011 09115/2012 $50,000 Limit/$1,000 fled A, Farage Keeper Legal $SO,000 Limit/$500 [led ,ESCRSPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD iOl, Add flonall Remarks Schedule, if mare space Is required) 992 Ford # 2306, 2006 Ford #23239, 1998 Bodge #62171, 2008 Ford #52480 forage lot location - 202 North 11t , La Porte TX 0 day notice of cancellation a Cw'R�TlFICATE HOLDER PorteCity of La 604 West FairmontPklmy LaPorte, 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.. AUTHORIZED REPRESENTATIVE lGary Norris/AMY (D .1988-2010 ACORD CORPORATION The ACORD name and R ­ go are registered marks of ACORD