Tow Truck Committee
Special Meeting Minutes
February 04, 2013
Page 1 of 7
D R A F T
MINUTES OF THE SPECIALMEETING OF THE BOARD OF
THE TOW TRUCK COMMITTEE
February 04, 2013
The Board of the Tow Truck Committee met in a SpecialMeeting on Monday, February 04, 2013, at 5:30 P.M. in the Hullum Conference Roomof the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Eileen HallChairperson
B.C HudmanVice-Chairperson
Kameron PriceEx-Officio
Martha BarnettBoard Member
Porter FlewellenBoard Member
Mark FuquaBoard Member
Ray PherisCommunications Supervisor
Lee HendricksBaytown Police Sergeant
Camela SandmannCity Attorney/Legal Counsel
Jason CozzaDeputyCity Clerk
ChairpersonEileen Hallconvened the February 04, 2013, Tow Truck Committee Board SpecialMeetingwith a quorum present at 5:30P.M., all members were present.
1.MINUTES
a.Consider approving the minutes of the Tow Truck Committee Meeting held on November 12, 2012.
A motion was made by Vice Chairperson Mark Fuqua and seconded by Committee Member B.C. Hudman approving the November 12, 2012, Tow Truck Committee meeting minutes. The vote was as follows:
Ayes: Committee Member Martha Barnett, Committee Member Porter Flewellen, Vice Chairperson Mark Fuqua, Chairperson Eileen Hall, Committee Member B.C. Hudman
Nays:None
Approved
2.ADMINISTRATIVE HEARINGS
a.Conduct an administrative hearing regardingalleged violations(s) of the City of Baytown Code of Ordinances, Chapter 102, Article III by Target Towing, owned by Mr. Anas Ahmad.
At 5:31 P.M., Chairperson EileenHallopened theadministrative hearingregarding alleged violations(s) of the City of Baytown Code of Ordinances, Chapter 102, Article III by Target Towing, owned by Mr. Anas Ahmad.
Deputy City Clerk Cozza stated that it was discovered that a driver, Mr. Gerardo Pena, had a suspended driver's license,several warrants for his arrest with neighboring municipalities, and at the time of the tow was not listed as a driver under the Target Towing City of Baytown tow truck permit and/or agreement.Mr. Cozza statedthat according to Article II, Section 2.01 of the City of Baytown Tow Truck Agreement:"The operator [Mr. Anas Ahmad]....agrees that he and his officers, agents and employees wouldcomply with all state and local laws, rules and regulations application to the operation of a tow truck," in which driving with a suspended license violates state law.Additionally, Mr.Cozzastated thataccording to Sec. 102-196 (5) of the City of Baytown Code: "[an] employee's incident management towing operator's license issued by the state commission of licensing and regulation" is a requirement for obtaining a tow truck permit in which Mr. Pena's operator's licensewasnot part the permit or application noron filewith the City Clerk's office.Mr. Cozza stated that violations were of the agreement and the code and although the driver was not charged, he was initially approachedfor failing to observe the lights and sirens of a Baytown EMS ambulance and a Baytown Fire truck.
Martha Snyder, Secretary forTarget Towing, stated that they were not aware that their driver had warrants, but they did get it cleared shortly after that.
Baytown Police Officer John Tacito stated that he was responding to another accident at the time and according to EMS and Baytown Fire driver, they were being followed by a wrecker driver who wouldn't pull over and constantly tried to pass them up. Officer Tacito stated that the wrecker driver showed up to the scene, but was informed that he was at the wrong scene. Officer Tacito stated that he contacted dispatch to send him someone else and the driver came back again about 30 minutes later. At that point Officer Tacito ran a check and observed that the driver, Mr. Gerardo Pena, was driving with a suspended license and warrants from surrounding cities. Officer Tacito stated that the driverwas taken to jail and the day after that, the same driver showed up to a scene where he was working with his license still suspended and warrants. The officer stated that the driver was then taken to jail again.
During further discussion, Committee MemberHudmaninquired if once the tow truckcompany hires an individual driverdoes the city do a background check on them. Mr. Cozza stated thatcity follows the code which requiresthat the company comply withstate law and provide a copy of the drivers’ incident management identification card that is provided fromthe Texas Department of Licensingand Regulation(TDLR). Mr. Cozza stated that the card is provided to an applicant once they havegone through a process that includes a background check. There was an inquiry of when the background check is done. Ms. Kameron Price stated that the background check is at the issuing of a license orrenewal. An inquiry was made as to who is responsible for making sure that a person being hired is in good standing. Ms. Sandmann stated that it would probably bea company policy.
During further discussion, Ms. Snyder stated that once they were made aware of the violations, they submitted the necessary paperwork for the driver and the driver did have a driver's licensewhen they called in his information to the insurance company. She explained and stated that Mr. Penahadsurcharges on his drivers’ license and whenhe did not paythe surcharge it resultedin his license beingpulled. Ms. Snyder stated that the company paid the surcharges for the driver, which he repaid, resulting in his license being reinstated, but the fees must not have beenreceivedon time because he was stopped again and upon checking his license the same warrants appeared and he was taken to jail again.She stated that after the second time Mr. Pena was arrested and while still in jail,a Baytown warrantofficer came to their office looking for Mr. Penaregarding the first ticket he was issued but didn't pay in full.She stated that she told the officer that he was in jail and when he fulfilled his time at that facility (Houston), he was transferred toBaytownfor the balance that he owed. Ms. Snyderstated that when Mr. Penacame to their office, he was toldthat he was not being putback to work. She stated that Mr. Pena left the office and as he was walking down the street he was stopped again andtaken to jail in Galena Park. Ms. Snyder stated that TDLR does not recognize when someone has warrants for their arrests and they (Target Towing)haveno way of finding that information out. She stated that Mr. Pena no longer works for the company.
For verification purposes, Mr.Cozza stated that there was no paperwork onfileat the time of thefirst incident with Mr. Pena.
Baytown Police Sergeant Lee Hendricks provided information verifying Mr. Pena's affiliation with sources that are involved with drug trafficking and other things that may violate state law.
Duringclosing statements, Ms. Snyder stated that she didn't have any closing remarks. Mr. Cozza stated that along with the violationsof the agreement previously mentioned, the company was suspended in November andhadfive (5) runtime violations for the first quarter of this year. Additionally,Mr. Cozza statedthat Mr. Ahmad has another company that also hadone (1) run time violation. Committee Member Barnett inquired if the board should consider run time violations during this hearing.Ms. Sandmann stated that the runtime violations couldbe considered, as far as, the character of thetow truck company being addressed.
At 6:05P.M., Chairperson Eileen Hall closed the administrative hearing.
b.Consider and take appropriate action regarding the alleged violation(s) by Target Towing, owned by Mr. Anas Ahmad.
Chairperson Eileen Hall stated that according to the agreement, whatever action determined for cause that occurred under this agreement shall apply equally to any and all other Tow agreements owned by the operator that is on the City of Baytown's list.
A motion was made by Committee Member Porter Flewellen to suspend Target Towing without further notice. The motion failed for lack of a second motion.
Ms. Sandmann stated that the hearing would have to be continued inorder to have Mr. Ahmad come in and answer to the charges. She stated that the committee could consider only the information that Ms. Snyder presented or continue the hearing until another date.
Committee Member Porterretracted his first motionto suspend Target Towing without further notice, and then made a motion that was seconded by Committee Member Fuquato continue the hearing to allow Mr. Ahmad to come before the committee and provide an explanation to the violations. There was no vote.
Committee Member Porter rescinded his previous motion tocontinue the public hearing andthen made a motion that was seconded by Committee Member Hudman to suspend Target Towing for 60 days,in which suspension applies to all companies owned by Mr. Ahmad.The vote was as follows:
Ayes: Committee Member Porter Flewellen, Vice Chairperson Mark Fuqua, Chairperson Eileen Hall, Committee Member B.C. Hudman
Nays: Committee Member Martha Barnett
Approved
For clarification purposes, Chairperson Eileen Hall stated that the company could continue operate but could not operate on the CityofBaytown's towing list.
At 6:12 P.M., Chairperson Eileen Hallrecommendedthat a recess be taken. She reconvened the meeting at 6:15 P.M.
3.BUSINESSITEMS
a.Consider a recommendation to the Mayor and City Council regarding an amendment to the City of Baytown Code of Ordinances to add procedures by which a towing company may request that a towing fee study be performed.
Deputy City Clerk Cozza presented the agenda item and stated that thisrecommendation isan amendment to the City of Baytown Code of Ordinances to add procedures by which a towing company may request that a towing fee study be performed annually if so requested. He stated thatif astudy is requested and there were any changes, the changes would reflect that of thestudy upon approval from the City Council.
A motion was made by Vice Chairperson Mark Fuqua and seconded by Committee Member Porter Flewellen approving the recommendation to add procedures allowing a tow company to request a fee study. The vote was as follows:
Ayes: Committee Member Martha Barnett, Committee Member Porter Flewellen, Vice Chairperson Mark Fuqua, Chairperson Eileen Hall, Committee Member B.C. Hudman
Nays:None
Approved
4.REPORTS
a.Receive and take appropriate action regarding the quarterly tow truck audit report.
Mr. Cozza presented the tow truck audit report and stated thatof the three (3) companies listed on the report, two (2)of them responded and came into compliance whereas one (1)company did not. During an explanation of details, Mr. Cozza stated that Brad's Wrecker Service had an expired vehicle registration in November andwas notified by letter but did not respond. He stated that as per the procedures, the company was suspended and taken off of the tow list. Mr. Cozza stated that this company, as per the paperwork on file, is not in existence and has changed ownership.He stated that the new owner, kept the same name and allof their paperworkis on file with TDLR and is up to date. He stated that there wasa transition period where one companyseized operations andin response to a request for theirpaperwork, submitted paperwork reflecting that of the new owner.
Chairperson Eileen Hall inquired if it would be necessaryfor the sake of having recorded documentation to hold a hearingsince the company did not follow the agreement byfiling paperwork with the city clerk’s office regardingdocumentation of vehicle registry, as well as,a letterdocumenting a change inownership.Ms. Sandmann stated that legally the committee could do nothing since there is no agreementand that the company istechnicallysuspended and wouldbe until the end of the year. Ms. Sandmannstated thataccording to the agreement, that if a company is suspendedduring thepermit yearand desire to be permitted afterwards, the city clerk wouldpull prior permits to be presented to the committee for consideration of determining whether or not the company should be allowed another permit/agreement. Additionally, Ms. Sandmann stated that she suggested to the committee to have a hearing to formally suspend or revoke the agreement with Daniel Lensing owner of Brad’s Wrecker Service.
A motion was made by Vice Chairperson Mark Fuqua and seconded by Committee Member Porter Flewellen scheduling a hearing regarding the violation of an expired vehicle registration for Brad’s Wrecker Service, Owner being Daniel Lensing. The vote was as follows:
Ayes: Committee Member Martha Barnett, Committee Member Porter Flewellen, Vice Chairperson Mark Fuqua, Chairperson Eileen Hall, Committee Member B.C. Hudman
Nays:None
Approved
b.Receive and take appropriate action regarding the City of Baytown wrecker report.
Mr. Cozza presented theBaytown Wrecker Report lists that includedall passes and response time violations (RTV) for the non-consent tows in the City of Baytown.He stated that that following companies had run time violations: Batton (1) owned by Robert Batton, Target (5), and Mission (1) both Target and Missionowned by Anas Ahmad.
A motion was made by Vice Chairperson Mark Fuqua and seconded by Committee Member Martha Barnett to set a hearing on April 08, 2013, regarding the violations. The vote was as follows:
Ayes: Committee Member Martha Barnett, Committee Member Porter Flewellen, Vice Chairperson Mark Fuqua, Chairperson Eileen Hall, Committee Member B.C. Hudman
Nays:None
Approved
5.DISCUSSIONS
a.Discuss the possibility of requiring background checks for tow truck drivers.
Deputy City Clerk Cozza presented the agenda item.
During discussion, an inquiry was made regarding the cost of having a background check done. Ms. Sandmann stated that the cost varied for a background check.Committee Member Fuqua inquired if there wereany other businesses in the cityrequired to do background check. Mr. Cozza stated that background checks are required for applicant requesting a taxi permit or charitable solicitors permit. Mr. Cozza stated that the taxi applicants’ background checks are performedby the Baytown police department at no cost to the taxi company which involves a search for a valid driver’s license and any outstanding warrants. Hestated that the taxi driveris required tosign a sworn affidavit stating that they have not been convicted of felonies, some misdemeanors, and crimes of moral turpitude.
Ms. Sandmann stated that a list would be submittedto TDLR to do a background checkof the tow truck drivers listed for the City of Baytown, because there is reason to believe that some of the drivers are in violation of the city's agreement.She recommended bringing back to the committee more information on various options along with the resultsfrom the recheck from TDLR.
6.STAFFREPORT
a.Reminder: four (4) tow truck committee members' terms set to expire on March 31, 2013.
Mr. Cozza presented the agenda item and stated that committee membersMr. Porter Flewellen, Mr. Mark Fuqua, and Mr. B.C. Hudman along with ex-officio Ms. Kameron Price terms’ are set to expire on March 31, 2013.
All four members agreed to serve for another term:committee members’ termfor two (2) yearsand the ex-officio termannually.
7.ADJOURN
With there being no further business to discuss, ChairpersonEileen Halladjourned the February 04, 2013, Tow Truck Committee Board SpecialMeeting at 7:02P.M.
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Leticia Brysch, City Clerk
City of Baytown