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HomeMy WebLinkAbout04-01-96 Regular Meeting of La Porte Wrecker CommitteeMINUTES OF THE REGULAR MEETING OF LA PORTE WRECKER COMMITTEE MAY 3, 1995 1. CALL TO ORDER The meeting was called to order by City Secretary Sue Lenes at 3:15 P.M. after waiting for Mike Gordon, representative from Les Marks Body Shop, to be seated at the meeting table. Members of the La Porte Wrecker Committee Present: Chief Building Official Mark Lewis, City Secretary Sue Lenes, Assistant City Attorney John Armstrong, Chief of Police Bobby Powell, and his representative from the Police Department, Lieutenant Aaron Corrales Others Present: Mike Gordon representing Les Marks Body Shop 2. CONSIDER TRANSFER OF WRECKER E-TAG FROM LES MARKS TOWING DBA BOB PHILLIPS TO LES MARKS BODY SHOP DBA CHARLES KEITH MAINOR Assistant City Attorney John Armstrong led the discussion with Mike Gordon regarding the reason for the request. Mr. Gordon reported it had been difficult for Mr. Phillips, whose business is in Pasadena, to continue servicing calls in the La Porte area. Mr. Gordon stated, "Mr. Keith Mainor is a local business owner and has the capacity to handle the emergency towing service calls for Les Marks Chevrolet." 3. CONSIDER RECOMMENDATIONS BY THE WRECKER COMMITTEE OF THE CITY OF LA PORTE Motion was made by Lieutenant Aaron Corrales to approve the transfer as presented. Second by Mark Lewis. The motion carried with all in favor. 4. STAFF REPORTS There were no staff reports for this meeting. 5. ADJOURNMENT Motion was made by Lieutenant Aaron Corrales to adjourn Second by Mark Lewis. The meeting was duly adjourned at 3:30 P.M. Respectfully submitted, APPROVED: Sue Lenes, City Secretary Mark Lewis, Acting Chairperson DATE: Minutes of Public Hearing and Regular Meeting La Porte Wrecker Committee April 1, 1996, Page 2 Department has no objection to this request. They would like to lower the twelve hour charge on storage per arrest. Chief Powell stated, "I do think we should set some reasonable time for someone arrested. If he is bailed out of jail within an hour or so the $15.00 charge is lowered and perhaps charged by an hourly or quarter hourly fee. Also there was a request to change the seven E-tags now available to six. Their reason for the request was the revenues seem to be going down because there is not enough business to afford a living for all holders of E-Tags. That is up to the Committee to decide". Assistant City Attorney asked to speak to the Committee. He stated, "I am more familiar with the changes of Federal regulation with respect to the towing industry. These have specifically affected cities ability to regulate the towing industry. I do not want to get into any of the particulars in an open meeting setting simply because, as a legal representative, I do not want to say anything one way or the other that might jeopardize the City. I would like to bring forward the fact that radical changes have taken place in the federal law which preempt the cities ability to regulate the rotation and number of E-tags. City Council has not changed the ordinance yet. We are in that process at this time, so our current ordinance is what we have to deal with. There are changes that could enact in the enforceability of what we do. I am not on the committee, but the changes would affect what the committee would do". Planning Director Guy Rankin opened the public hearing at 3:08 P.M. Mr. Rankin called for the first speaker. Mr. Mike Gordon, spokesman for Les Marks Mazda, addressed the committee. Mr. Gordon stated, "Our company feels it is in their best interest to expand their services to their customers and to the community. We have three car lines and feel like we need some representation for our Mazda franchise as well as our Chevrolet. Mr. Rankin asked for other public input. Mr. Keith Mainor, E-tag permit holder, spoke indicating the revenue for E-tag permit holders has decreased over the past few years. He also indicated the need for an increase of the amount of the storage fee to access from individuals who have been arrested as well as wrecked vehicles. He did not see the necessity to issue another E- tag at this time. Chief Powell reported some of the facts regulating the rotation system as set forth by Federal law and indicated some of the circumstances depend on the type of arrests made. Mr. Rankin asked Chief Powell if the number of E-tags were still seven. Chief Powell stated, "There are seven E-tags at the present". Mr. Rankin recognized the next speaker, Mr. Tim DeWalt, E-tag permit holder. Mr. DeWalt stated his concerns regarding the decrease in revenue and number of requests for services which he was receiving. Mr. DeWalt stated, "That permit has not been used in almost a year, and it has not made an impact on the service provided. We do not see the necessity for issuing another permit. We do not have any objections to Les Marks having that E-tag permit, but we just don't believe there is a necessity to issue another permit." Minutes of Public Hearing and Regular Meeting La Porte Wrecker Committee April 1, 1996, Page 3 Mr. Rankin recognized Mr. Gordon again. Mr. Gordon stated, "We are not trying to monopolize any wrecker business in the City of La Porte. We just want representation for our dealership and to serve the community. We are a vital functioning part of this community, and we feel that we need two slots on the rotation." Mr. DeWalt asked what the committee would do if another dealership, such as Joe Camp Ford, should ask for a permit. Mr. Rankin explained, "This is not about dealerships. This is about service. We are not trying to advertise dealerships. We are trying to act in the publics interest." Mr. Rankin asked if any of the commission members had questions. Assistant City Attorney John Armstrong asked if the application had been checked for all the requirements, and does the applicant meet all specifications. Mr. Rankin indicated all requirements have been met. Lt. Corrales indicated the statement by Mr. Tim DeWalt was true. The seventh E-tag has been out of circulation for a year and really has not impacted the service provided. Chief Powell stated, at this time, he could not verify if the number of requests for services had deceased over the past year until he could check the records. Mr. Rankin said that with the opening of the Fred Hartman bridge we do expect the traffic counts to increase, and the number of vehicles traveling in the City will increase and therefore there will probably be more accidents. Whether this will have a greater impact on the seven permits is unknown at this time. He indicated he needed a couple of questions answered before a vote is taken. Mr. Rankin asked the committee members if there was any reason that we should not increase the storage fee to $15.00 a day from the $8.50 which is presently charged. If there are no objections this would be the recommendation to take to City Council. The committee agreed this should be a recommendation for the Assistant City Attorney when he drafts an ordinance change to be taken to City Council for approval. Mr. Rankin asked the committee for a recommendation on the twelve hour charge which is now assessed. He said he disagrees with a charge of $15.00 if the vehicle owner is bonded out in an hour or two after the vehicle has been stored in the tower's storage facility. Chief Powell indicated that a pro -rated by hour charge could be assessed rather than a flat fee of $15.00 if the committee was in agreement. Mr. Rankin asked the committee if there was a recommendation. Chief Powell suggested that we discuss this and the need for the additional permit for the seventh E-tag after investigating the increase or decrease of the number of calls for wrecker service over the past year. Mr. Rankin said the committee would prefer to make a recommendation on the most factual numbers available. If the calls have decreased in a significant amount we might wish to reduce the number of permits from seven to six, but if the figures indicate a stabilization of an increase in calls for service the committee might wish to increase the permits back to seven. Assistant City Attorney John Armstrong reviewed the specifics of the present City ordinance and indicated the number of the permits is determined by public necessity for service. He said there is not a lot of information before the committee at this time for them to be able to make a determination for a need or necessity for the seventh permit. Minutes of Public Hearing and Regular Meeting La Porte Wrecker Committee April 1, 1996, Page 4 Planning Director Guy Rankin indicated we should call another meeting at a later date after all the facts are presented to the committee for a determination whether to increase the permits and issue the seventh to Les Marks Mazda. It was the decision of the committee to recess the public hearing at this time. After sufficient data can be collected for a determination the committee will reconvene with a continuation of this public hearing and make a decision at that time. A tentative time for the continuation of the public hearing was set for April 17 at 3:00 P.M. in the City Council chambers where we are presently meeting. 4. CONSIDER RECOMMENDATION OR OTHER ACTION BY THE WRECKER COMMITTEE OF THE CITY OF LA PORTE As agenda item 3 and 4 are being postponed the committee continued with agenda item number 5and 6. 5. CONSIDER TRANSFER OF WRECKER E-TAG FROM LES MARKS BODY SHOP, DBA CHARLES KEITH MAINOR TO LES MARKS MAZDA, DBA HUMMER WRECKER SERVICE, OWNER RICHARD B. MORRIS 6. CONSIDER RECOMMENDATION OR OTHER ACTION BY THE WRECKER COMMITTEE OF THE CITY OF LA PORTE Motion was made by Police Lt, Aaron Corrales to allow the transfer of the E-tag_as requested by Les Marks Chevrolet/Mazda/Geo. Second by City Secretary Sue Lenes. The motion carried, 3 ayes and 0 nays. Ayes: Police Lt. Aaron Corrales, City Secretary Sue Lenes, and Director of Planning Guy Rankin Nays: None 7. STAFF REPORTS Assistant City Attorney Armstrong requested a staff meeting between Chief Powell, Lt. Corrales, and Guy Rankin to discuss the consideration to update the Wrecker ordinance. Mr. Rankin concurred. Mr. Rankin and Chief Powell assured the attending wrecker permit holders that all matters discussed at this meeting would be considered, and a continuation of the public hearing will be held at a later date. Notification will be sent to all E-tag holders. The recommendation for changes to the ordinance will be sent to Council for their decision and vote. 8 • ADJOURNMENT There being no further business to come before the committee, the meeting was duly adjourned at 3:32 P.M. Minutes of Public Hearing and Regular Meeting La Porte Wrecker Committee April 1, 1996, Page 5 Respectfully submitted, Sue Lenes, City Secretary APPROVED: Guy Rankin, irector of Planning DATE: J / �C? 16