03/21/94 Board of Public Works Minutes

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�35 REGULAR MEETING MARCH 21, 1994 ($1,000.00) coupons for their sale presently going on in Goshen, Indiana. He stated that they raise the price of the car up this amount and then offer a coupon. Mr. Kapson reiterated that the interest of the public, under the existing laws of the City, must be looked at and protected in the matter of out of town vendors and it is up to the Board of Public Works to protect the customer. Mr. Kapson noted that there are a lot of dealers in this town. To protect the image of the new and used dealerships in this town this protection is necessary. In conclusion, Mr. Kapson, stated that they welcome competition. Mr. Theo Williams, 51843 Trowbridge, South Bend, Indiana, President, Shamrock Lincoln Mercury -Saab, Inc., 120 West McKinley Highway, Mishawaka, Indiana, informed members of the Board that he echoes Mr. Kapson's statements and that he is opposed to this type of sale. He stated that this company has no investment in this area and no sense of responsibility. Once they leave and go back to Indianapolis, the consumers needs are not being met. He noted that they have worked hard in this area to assist customers in the care of their vehicle. In conclusion, Mr. Williams stated that they do not mind competition but he is in great opposition to this license application. Mr. Kapson stated that this company will also have to bring the titles to the vehicles with them. In response to these concerns, Ms. Drybrough stated that she takes issue with some of the points raised by Mr. Kapson. She stated that they have never raised the price of the vehicle to offer a coupon and for the record stated that they have never had this practice. She noted that the promotional flyer was sent to customers in conjunction with local financial institutions. She stated they are honest with customers and everything is done according to the rule. Ms. Drybrough also noted that Budget Car Sales merged with Val Car and they are now the same company. There being no one else present wishing to address the Board concerning this matter at this time, Mr. Leszczynski closed the Public Hearing on this matter. It is noted that the Board is in receipt of favorable recommendations concerning this license application from the Police Department, Fire Department and the Building Department. It is further noted that for the record Board Attorney Mrs. Anne Bruneel has received a letter from Mr. Gary L. Levine, President, Val Car - Rental Car Sales, 5075 West 38th Street, Indianapolis, Indiana and 1525 North Shadeland Avenue, Indianapolis, Indiana. Mr. Levine stated that there appeared to be some concerns about the relationship of ValCar Rental Car Sales to a company called "Budget Auto Sales" against which a large judgement was recently entered in a court in Terre Haute, Indiana. Mr. Levine enclosed with his letter a copy of an article that appeared in the Terre Haute newspaper about that case. He noted that they wish to advise the City that Va1Car Rental Car Sales is not the same company as "Budget Auto Sales" which was the defendant in that action. Mr. Levine further noted that Va1Car Rental Car Sales is an assumed business name used by Tranex Car Sales, Inc. Tranex Car Sales was incorporated in 1990, several years after the events that gave rise to that litigation. In 1991, Tranex Car Sales obtained a license from Budget Rent A Car Corporation to sell used cars under the name "Budget Car Sales" in Indianapolis. From that time until very recently, Tranex Car Sales sold used cars under the "Budget" name at a facility on the west side of Indianapolis,