HomeMy WebLinkAbout12-20-11 Wrecker Committee Meeting and Public Hearing. .. . .. ... . ........ ........
Notice is hereby given of a Meeting and Public Hearing of the La Porte Wrecker Committee to
be held on December 20, 2011, at 3:00 p,in- 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
1 Consider approval of the October 11, 2011 meeting minutes
4. Continue the August 30, 2011 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
B. Staff comments
C. Public comments
D, Close public hearing
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
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.
I certify that a copy of the December 20, 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
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; and Peggy Lee, Office Coordinator
1. Call to order.
Meeting called to order by Chairman Tim Tietjens at 3:12 p.m.
2. Roll call of members.
Tim Tietjens, Patrice Fogarty, and Lt. Gary Rice were present for roll call.
3. Consider approval of August 30, 2011, meeting minutes.
Motion by Patrice Fogarty to approve the Minutes of August 30, 2011. Second by Lt, Gary Rice.
Motion carried unanimously.
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
Chairman Tietjens opened the public hearing at 3:13 p.m.
B. Staff comments
Chief Building Official Debbie Wilmore informed the Committee the owner of La Porte
Automotive had been unable to attend the previous meeting due to surgery and would now
like an opportunity to address the Committee. Mrs. Wilmore provided Committee members
with the following:
• Copies of the current Code of Ordinances pertaining to wrecker regulations, as well
as updates that have been approved but not yet codified
• Current TDLR information on company, vehicle, and insurance
• Certificate of Insurance for La Porte Automotive
C. Public comments
Charles Keith Mainor addressed the Committee. Mr. Mainor was unable to attend the
previous meeting and requested clarification on his violation. He commented that he did
Wrecker Committee
Minutes of October 11[2U11
Page 2 of 3
not understand why his permit was transferred without being given an opportunity to
correct any problems. The following comments were noted:
* b Porte Automotive has been towing since 1959.
0 La Porte Automotive and La Porte Towing are two separate companies.
0 La Porte Towing performs their own tows and contract tows for La Porte
Automotive
w La Porte Automotive is not for sale.
m La Porte Towing is being sold to Bobby Slocum, who is majority stockholder.
0 La Porte Automotive State license has been reactivated.
p La Porte Automotive is currently im compliance with State Law.
0 16 lots nm the west side mf Block 71 on 11 * Street are cross-fenced; front half (8
lots) are in sale to Bobby Slocum; back half /8 lots) belong to La Porte Automotive.
0 Fencing and screening are |ncompliance.
0 Use of shared vehicle storage facility is grandfathered, but would be willing to open
another facility, ifnecessary.
* Application filed with City in the name ofKeith K6minor, w/b|oh has nothing to do
with La Porte Towing.
Mr. Mainor requested a list of items that need addressing in order to be in compliance and
that he also be given a grace period for completing the items. He offered 10 meet all
requirements in order 10 maintain the emergency wrecker permit.
Bobby Slocum, of La Porte Towing, assured the Committee he did not represent at the last
meeting that he was purchasing La Porte Automotive.
Charlie Hinds, of Charlie Hinds Paint and Body, reminded the Committee of the following:
• One company, one permit, and one rotation.
• Owning tag (a piece ofpaper) does not make a wrecker business; there should be
equipment, etc, and if not, it's simply brokering tags.
• The State does not allow a body shop and a vehicle storage lot to be comingled.
• The'92 Ford shown with TDLR appears tobe the same for La Porte Towing as is
listed for La Porte Automotive.
• If the Committee decides to reinstate the permit, both companies, La Porte Towing
and La Porte Automotive, should not be placed back to back on the rotation list.
• Insurance policies for both companies should be checked to ensure they are listed
separately.
Todd Johnston, of Apple Towing, addressed the Committee. Mr. Johnston said he
understood during the last meeting that La Porte Towing and La Porte Automotive are two
separate companies. At issue, La Porte Automotive does not have equipment tobeatowing
company.
Wrecker Committee
Minutes of October 11,2011
Page 3of3
D. Close public hearing
Chairman Tietjens closed the public hearing at 4:12 pm,
E Consider action to suspend, cancel or revoke Wrecker Permit Number 545 currently under the
name of La Porte Towing, Inc., or take other action relating to Wrecker Permit No, 545.
The Committee and staff discussed various sections of the [ode of Ordinances pertaining to
ownership and operation of auto wreckers.
Motion by Tim Tietjens to reverse the actimtakenbythe Wrecker Committee onAugust 30,
2011, which transferred Wrecker Permit Number 545 from La Porte Automotive, Inc. to La Porte
Towing, by reinstating Wrecker Permit Number 545 to La Porte Automotive, Inc., contingent
upon the following items being completed:
0 La Porte Automotive, Inc. shall abide by Stale requirements for operation of vehicle
storage facility.
0 1992 Ford licensed under Wrecker Permit Number 54S shall be utilized exclusively by La
Porte Automotive, Inc.
^ Cancel certificate with the Texas Department of Licensing and Regulation for company
shown as "La Porte Towing and La Porte Autmrondvn."
0 Maintain proper signage on equipment, in accordance with ordinance provisions.
m A written lease agreement shall be provided to the City for any leased equipment.
0 Permit holder or their employees only shall operate the vehicle.
The above listed items shall be completed prior to Lo Porte Automotive, Inc. being placed bark
on the wrecker call-out rotation list. Second by Patrice Fogarty. Motion carried unanimously.
& Administrative Reports
There were nn administrative reports.
7, Committee comments on matters appearing on agenda or inquiry of staff regarding specific
factual information or existing policy.
There were no committee comments.
Chairman Tietjens adjourned the meeting at 4:SO p.m.
Prepared by Peggy Lee, Planning Coordinator
r • .. r +�
Gty ���� 0 �� �v������ ��'� ���� -� ���L ���
Established 7892
rEXAS
January 3, 2011
Michael W. Scully
Pres Apple Tow Co.
2U38 Holmes Rd.
Houston, Texas 77045
Dear Mr, Scully:
Please be advised the Wrecker Committee met on December 28, 2010 and held a Public Hearing to
discuss the application for (10) emergency auto wrecker permits for RBEX, Inc. DBA Apple Towing Cu,in
accordance with Section 7Q-297of the La Porte Code ofOrdinances.
The committee voted to grant the emergency permits to RBBX, Inc, D8A Apple Towing, Co conditioned
upon the following:
^ Temporary lease agreement dated 12-1'2U10 has been received,
m If for any reason, the property closing does not Occur, the permit shall become null and void.
0 Meet all ordinance required site plan criteria, including all improvements noted during the
hearing.
m Install new wood privacy fencing along perimeter of property or where setbacks allow.
0 Install landscaping lo accordance with an approved landscaping plan.
G Coordinate with utility company tu correct leaning poles/lines
0 Install full cut-off lighting
m Install new asphalt parking spaces
If you have any questions regarding this matter, please advise.
Sincerely,
Martha A. G|8attT8k4[
City Secretary
o: TlmT�etjens, Planning Director
Debbie Wilmore, Chief Building Official
604 Y9. FuirmuntPkn/v ^ La2wztr TeNao77571 ^ (281)471`S020
�
Michael VV.Scully
president Apple Towing Co.
2O3O Holmes Rd.
Houston, Texas 77045
Dear Mr. Scully:
���� La �City ���� Established 1892
_���
"CP 2 `
Please be advised the Wrecker Committee met August 25, 2009 and held the Public Hearing to discuss
the application for an emergency heavy duty auto wrecker permit for Apple Towing Company, in
accordance with section 78'297of the code ofordioonces.
The committee voted to grant an emergency heavy duty auto wrecker permit to RBEX, Inc dba Apple
Towing Co. conditioned upon the fnQuwinO:
^ App shall �
su b�byTuesdmKSeptember�ZDD9,anamendcdveh��s�raQ e p ermit �� erthat
a|l Apple p|eTowing to utilize Dewalt Towing's storage yard for a period ending December 31, 2009. If for
| | d not the permit shaUbecome nuUand void.
anyreasontheprnpe��cosn8 does '
w Application shall be amended to show the correct address os480E.Main.
* Meet all ordinance required site plan criteria, including all improvements noted during the hearing.
° Install new factory painted sheet metal privacy fencing along perimeter of property or where setbacks
allow.
° Install landscaping in accordance with an approved landscaping plan.
v Coordinate with utility company to cor leaning poles/lines
, Submit Phase 1Environmental rep0rt
° Install full cut-off lighting
* Install new asphalt parking spaces
If you have any questions regarding this matter, please advise.
Sincerely, �
a ^�� , �c��
K4ar�ha�4. OlUet1, TRMC, CIVIC
City Secretary
604 K FaircmnotPkrry s [oPu�te, Texas 77571 " (281)47l-5O28