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Safety Committee 01-09-12 Minutes.pdf - Streetsboro

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THE CITY OF STREETSBORO, OHIO<br />

SAFETY COMMITTEE MEETING MINUTES<br />

Monday, January 9, 2<strong>01</strong>2<br />

This <strong>Safety</strong> <strong>Committee</strong> Meeting was called to order on Monday, January 9, 2<strong>01</strong>2 at 7:41 p.m. by<br />

Chuck Kocisko, Chairman.<br />

PRESENT: Chuck Kocisko, Tim Claypoole, Bridget Pavlick, Regis Faivre, John Ruediger, Julie<br />

Field, Julie Sanders<br />

ABSENT: None.<br />

ALSO PRESENT: Glenn Broska, Mayor<br />

Dave Maistros, Law Director<br />

Roy Mosley, Police Chief<br />

Robert Reinholz, Fire Chief<br />

Ted Gordon, Finance Director<br />

Bruce Terrell, Engineering Director<br />

Bill Miller, Service Director<br />

Jeff Pritchard, Planning Director<br />

Katie Kloetzly, Senior Citizen Services Director<br />

Greg Mytinger, Parks and Recreation Director<br />

John Kuklisin, Water Superintendent<br />

Caroline Kremer, Clerk of Council<br />

Disposition of <strong>Minutes</strong><br />

MOTION: TO ACCEPT THE REGULAR SAFETY COMMITTEE MEETING MINUTES<br />

OF SEPTEMBER <strong>12</strong>, 2<strong>01</strong>1 AS PRESENTED.<br />

Moved by Mr. Faivre, seconded by Mr. Claypoole. Upon voice vote, motion carried.<br />

Old Business<br />

None.<br />

New Business<br />

Towing<br />

Mr. Kocisko said he had mentioned this to the Mayor prior to the meeting. He said he always tried<br />

to support the local organizations and the <strong>Streetsboro</strong> businesses and encouraged the City to do the<br />

same. He said Jeff Allen had contacted him recently about the towing services the City was using<br />

and Mr. Kocisko wanted to find out why Mr. Allen’s local business (Gateway Towing) wasn’t being<br />

used exclusively. Mr. Kocisko said it wasn’t an issue with the service of the out of town business, it<br />

was just an issue of finances for the City. Mayor Broska said it was due to competition to keep the


prices lower. If only one business was chosen then they could charge whatever they wanted. He<br />

would even prefer to have more businesses on the towing list; “There was no reason to limit the<br />

towing.” He commented that Interstate Towing and Gateway Towing both did a wonderful job and<br />

were able to back each other up. He added that Interstate could handle huge wrecks (that Gateway<br />

couldn’t), that Interstate paid income tax to <strong>Streetsboro</strong>, and they rented property in town. He didn’t<br />

think there was anything wrong with having additional people available to use.<br />

Mr. Kocisko said the <strong>Streetsboro</strong> businesses paid their income taxes to <strong>Streetsboro</strong>, whereas<br />

Interstate was an out of town business and did not pay taxes to <strong>Streetsboro</strong>, which he felt was a big<br />

issue; tax revenue was needed to keep the City operating. Brett McClafferty commented from the<br />

audience that Interstate’s location on Ethan Drive was closed. Mayor Broska understood that<br />

Interstate had left <strong>Streetsboro</strong> because they were taken off the towing list and not making money in<br />

<strong>Streetsboro</strong>, but were to come back to <strong>Streetsboro</strong> now that they were back on the list. They had<br />

gone before the Planning Commission because there were things they had to do to their property in<br />

order to comply with the conditional use permit, which they did, so Planning Commission granted<br />

their conditional use permit. Mayor Broska said when they complied with the Planning<br />

Commission’s requirements, that’s when they went back onto the towing list, and there were only<br />

two companies on the towing list (Interstate and Gateway). He felt competition was important.<br />

Mr. Kocisko felt the businesses in town should be the ones the Mayor (and City) should support,<br />

unless they couldn’t provide the needed service, but there was a towing company in town. Mayor<br />

Broska noted that Interstate Towing had just as much right to compete in <strong>Streetsboro</strong> as any of the<br />

restaurants. Mr. Kocisko wondered if the towing needs of <strong>Streetsboro</strong> were large enough to need<br />

more than one business providing it.<br />

Mr. Claypoole suggested bidding the job and just using the one company that provided the lowest<br />

bid. Mayor Broska said “you can’t do that” because we can’t contract with a company and say they<br />

would get a certain amount of runs or a certain amount of money. He said the City was currently<br />

working on its towing ordinance that had been in place since 1971 that would stipulate what<br />

<strong>Streetsboro</strong> would expect our towing companies to provide and the opportunity to provide that<br />

should be open and not limit the competition. Mr. Claypoole thought the service should be bid like<br />

the trash service.<br />

Mrs. Field said the current ordinance allowed up to five towing companies to be on the rotation.<br />

Chief Mosley explained in the past it hadn’t been an issue because <strong>Streetsboro</strong> Auto was the sole tow<br />

provider for many years. He felt the primary issue to be addressed was customer service and the<br />

towing guidelines/qualifications could be defined through a contract or through an ordinance. Mrs.<br />

Field asked if the consumer could be allowed to choose the tow provider instead of using a rotation<br />

system between the two. Chief Mosley explained that there were police enforcement tows and then<br />

all other tows where the customer could chose a provider.<br />

Mrs. Pavlick wasn’t sure why this was an agenda item. She commented that this country was built<br />

on the backs of small businesses and she didn’t want to stifle anyone from starting a business here or<br />

<strong>Safety</strong> <strong>Committee</strong> <strong>01</strong>-<strong>09</strong>-<strong>12</strong><br />

Page 2 of 6


from being utilized by the City. She tried to shop in <strong>Streetsboro</strong> as much as possible, but she didn’t<br />

want a monopoly and she felt competition helped keep prices in line, so it was OK to use a list. Mr.<br />

Kocisko didn’t agree with the word monopoly, he just wanted to choose to use <strong>Streetsboro</strong><br />

businesses when possible. Mrs. Pavlick added that as long as the towing business followed EPA<br />

guidelines and the City’s regulations there shouldn’t be a problem with the City using them.<br />

It was confirmed there was just one towing company currently in <strong>Streetsboro</strong> but Interstate was<br />

planning to relocate in <strong>Streetsboro</strong> again now that they were back on the list. Mr. Ruediger was<br />

interested in any businesses coming to <strong>Streetsboro</strong>.<br />

Mr. Faivre wondered if there was a problem with the rotation system with each business getting 50%<br />

of the calls. He preferred everything stayed in <strong>Streetsboro</strong>, but with only one business it could be a<br />

monopoly with higher prices. Mr. Ruediger asked if there was a price difference between the<br />

companies. Chief Mosley said he didn’t know about the prices because the towing companies were<br />

private entities that set their own rates.<br />

Brett McClafferty, 8261 Diagonal Road, said Interstate Towing was evicted in September 2<strong>01</strong>1 from<br />

the Ethan Parkway location and that’s why they were taken off the towing rotation. Because they<br />

were no longer operating in <strong>Streetsboro</strong> and they were not conforming with their conditional use<br />

permit, that’s why they were taken off the towing rotation. He said they weren’t taken off the towing<br />

rotation and then left <strong>Streetsboro</strong>. He noted that Ohio Revised Code set the maximum amount a<br />

towing company could charge under consumer law. He said the issue before Council tonight wasn’t<br />

competition or capitalism; it was taking care of our own businesses. He didn’t think the City should<br />

take its business outside of the City, plus there was a convenience factor for our residents to use a<br />

<strong>Streetsboro</strong> business. Mr. McClafferty added that every employee of Gateway Towing lived in the<br />

City of <strong>Streetsboro</strong> and paid their income taxes here and sales tax in Portage County, but Interstate<br />

Towing paid their sales tax in Summit County and their income tax went to Macedonia. Mr.<br />

McClafferty said he supported competition and would support using multiple <strong>Streetsboro</strong> towing<br />

companies, but as of today there was only one legal impound yard, only one tow company, operating<br />

out of the City of <strong>Streetsboro</strong>. He thought <strong>Streetsboro</strong> shouldn’t use Interstate because <strong>Streetsboro</strong><br />

didn’t “benefit from those dollars.” He thought, until Interstate came back to <strong>Streetsboro</strong>, it was a<br />

shame that the administration would consider sending a single taxpayer dollar outside <strong>Streetsboro</strong>.<br />

Art Scott, 8525 Diagonal Road and former Mayor, said Interstate wasn’t a legal towing company in<br />

<strong>Streetsboro</strong> and added that all of the Gateway employees lived in <strong>Streetsboro</strong> and paid taxes here.<br />

Mr. Scott said it took him six months during his term as Mayor to determine if Gateway would be<br />

the lone towing company, although the City ordinances allow up to five. He was concerned about<br />

taking tax dollars out of the City and about reducing the work for the in-town towing company by<br />

half, which might cause them to cut jobs. He added that Gateway could accommodate heavy towing.<br />

He said many other towns had single towing companies providing their towing services. He didn’t<br />

think <strong>Streetsboro</strong> had enough towing to have two (or five) towing companies.<br />

Jeff Allen, 8221 SR 14 and Gateway Towing owner, confirmed that in the past this wasn’t an issue<br />

<strong>Safety</strong> <strong>Committee</strong> <strong>01</strong>-<strong>09</strong>-<strong>12</strong><br />

Page 3 of 6


ecause <strong>Streetsboro</strong> Towing did it for 30 or 40 years. He said the amount of revenue from towing in<br />

<strong>Streetsboro</strong> (maybe $250,000/yr) could only sustain one towing company not two. If there was more<br />

than one towing company each company would not have <strong>Streetsboro</strong> as their primary customer when<br />

there was catastrophic weather, but a single provider would have <strong>Streetsboro</strong> as their priority. He<br />

said a single provider wasn’t a monopoly; they would have backup who would be competing to<br />

become the primary provider, so the industry checked itself. Mr. Allen said a single provider was<br />

best, Gateway and Interstate both do a great job, but Gateway and its employees were located in<br />

<strong>Streetsboro</strong>.<br />

John Kerry, Frost Road, said he worked for Interstate Towing which was a multimillion dollar<br />

company that towed for 25 other cities, plus towing on the Turnpike in <strong>Streetsboro</strong>, so they were<br />

making money in <strong>Streetsboro</strong>.<br />

Stephen Kolar, business at 9<strong>12</strong>7 SR 14, said tonight’s previous comments were good. The sales tax<br />

money west to the County. He said it wasn’t a monopoly, it was a primary provider. He thought the<br />

primary tow provider should be a business in the City who could respond fast and impound locally<br />

for easier customer access. He said the City should follow the laws on the books, which were set in<br />

1971, that allowed up to five providers and required the tow providers to have a tow impound lot in<br />

town, so only Gateway qualified. He said Mayor Broska had said <strong>Streetsboro</strong> needed to be<br />

progressive and take care of its residents and Gateway and its employees were its residents.<br />

Pearl Pullman, Morgan Way, said she didn’t know either towing company, but wanted what was best<br />

for the residents. She said the income tax paid by the workers was important, but it was also<br />

important to have competition. She felt this service should be bid.<br />

Ms. Sanders asked if Interstate would take her vehicle where she wanted it to go. Chief Mosley<br />

answered that if the vehicle didn’t need to be held for evidence, it conceivable could be towed<br />

wherever the owner preferred, but that was rare and it was usually towed to an impound lot. Ms.<br />

Sanders asked if the towing issue was an administrative decision or a Council decision. Mr.<br />

Maistros said it wasn’t uncommon to bid this service, but the service wasn’t paid by the City it was<br />

paid by the car owner. He said ultimately this would go to Council because he and the Police Chief<br />

had been discussing some changes to the Code language which needed updated to fit with what the<br />

Police Department required. Ms. Sanders said she agreed with Mr. Kocisko and would prefer<br />

<strong>Streetsboro</strong> residents do the towing.<br />

Mr. Ruediger said he would like to see any towing company in <strong>Streetsboro</strong> getting the towing<br />

business and if there was only one, that was his preference. Mrs. Field added that she preferred to<br />

have a local company too.<br />

Mr. Kocisko thanked everyone for their comments; he hadn’t expected so much input from everyone.<br />

He asked the Mayor to reconsider his decision and to use Gateway Towing as the primary towing<br />

company in <strong>Streetsboro</strong> and use Interstate and any others as secondarys. The towing companies have<br />

mutual aid and can call others for backup. Mr. Claypoole commented that he didn’t mind the City<br />

<strong>Safety</strong> <strong>Committee</strong> <strong>01</strong>-<strong>09</strong>-<strong>12</strong><br />

Page 4 of 6


using only one company, that was located in town, because they were the cheapest; but if they were<br />

the only one in town, but not the cheapest, it wouldn’t be fair to the customers. Maybe it would be<br />

good to bid this service.<br />

Mrs. Field summarized that the Council Members preferred to keep the business within <strong>Streetsboro</strong>.<br />

Mr. Faivre asked if this service was bid, could another company undercut Gateway Towing. Mr.<br />

Allen responded that it was possible, but it would be senseless because there wasn’t enough revenue<br />

in <strong>Streetsboro</strong>. He didn’t recommend bidding because it would tie the Mayor and Police Chief’s<br />

hands if they had to get rid of a towing company.<br />

Jeremiah Allen, 8693 SR 14, commented that if Gateway was the primary provider they would still<br />

try to keep their prices down to avoid citizen complaints to the administration.<br />

Mr. Kocisko thanked everyone for their input and asked the Mayor to consider a primary towing<br />

company.<br />

Replacement of MDTs for Police Cruisers<br />

Chief Mosley said this was phase 2 of a two-year capital improvement project started last year. Onehalf<br />

of the mobile computers in the cruisers were replaced last year and the other half would be<br />

replaced with the same style of equipment in 2<strong>01</strong>2 under state contract pricing.<br />

MOTION: TO FORWARD TO THE JANUARY 23, 2<strong>01</strong>2 REGULAR COUNCIL MEETING.<br />

Moved by Mr. Faivre, seconded by Mr. Claypoole. Upon voice vote, motion carried.<br />

Fulltime Firefighters Collective Bargaining Agreement<br />

Mayor Broska said this would be discussed in executive session at tonight’s Regular Council<br />

Meeting.<br />

Citizens’ Comments<br />

Stacey Vadaj, 1166 Gaynelle Ave. and City Zoning Inspector, clarified some points. She said there<br />

were two impound lots in <strong>Streetsboro</strong> (Gateway Towing (a non-conforming legal use because it had<br />

been there so long and was grandfathered) and another lot on Ellsworth (a conditional use permitted<br />

impound lot, which Interstate Towing had a contract to use)). She said Gateway Towing didn’t exist<br />

until about 1 to 1 ½ years ago when Dale Digler didn’t want to work for Interstate Towing and went<br />

to Jeff Allen and started Gateway Towing. She noted that Mr. Allen’s companies had towed vehicles<br />

in the past because of his scrap yard and because of what he does for a business, but not Gateway<br />

Towing. She also noted that the trash service was bid and that service was paid by the individual<br />

residents, not the City.<br />

Mr. Allen commented that Ellsworth was in default; they hadn’t made a payment in five months and<br />

hadn’t used it in a while.<br />

<strong>Safety</strong> <strong>Committee</strong> <strong>01</strong>-<strong>09</strong>-<strong>12</strong><br />

Page 5 of 6


Brett McClafferty summarized that emotions were involved with this because livelihoods were at<br />

stake. He said it may seem a petty issue for some, but it was a big issue for the employees. He said<br />

it was a simple issue of keeping the business in <strong>Streetsboro</strong>. He said when Interstate Towing started<br />

towing and impounding again in <strong>Streetsboro</strong>, then this could be discussed, but until then there was<br />

only one towing and impound yard in the City-Gateway Towing.<br />

Stephen Kolar asked if a decision was expected so this would not be left open ended. He said the<br />

current laws on the books should be enforced until Council chose to change them. He said he had<br />

met with the police in Aurora and Chief Robbins in Hudson about how they handle towing and said<br />

Hudson chose a resident that pays taxes in their town. The <strong>Safety</strong> <strong>Committee</strong> Chair asked Mayor<br />

Broska if he could get back to City Council at next week’s meeting regarding this topic.<br />

Announcements<br />

A Council Meeting will immediately follow this meeting.<br />

There being no further business to come before this <strong>Committee</strong>, and upon motion by Mr. Claypoole,<br />

seconded by Mr. Faivre, this meeting adjourned at 8:57 p.m.<br />

ATTEST:<br />

_____________________________________<br />

Caroline L. Kremer, Clerk of Council Chuck Kocisko, Chairman<br />

ck<br />

<strong>Safety</strong> <strong>Committee</strong> <strong>01</strong>-<strong>09</strong>-<strong>12</strong><br />

Page 6 of 6

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