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REGULAR MEETING
<br />AGGRAVATED ASSAULT
<br />BURGLARY RESIDENT
<br />BURGLARY NON
<br />RESIDENT
<br />LARCENY
<br />MOTOR VEHICLE THEFT
<br />ARSONS
<br />GRAND TOTAL
<br />HEARING - REMOVAL OF BEST WAY TOWING FROM CITY TOWING LIST
<br />Mr. David Mirkin, Mirkin Law Offices, introduced himself as Bestway Towing's attorney. He also
<br />introduced his client, Mr. Todd Stull, Bestway Towing. Mr. Mirkin thanked the Board for the
<br />opportunity to deal with these unfortunate circumstances. He stated Mr. Stull's company has been on
<br />the City towing list for seven (7) years and it has been an integral part of their business. He stated
<br />Bestway has worked with the Police, especially Sgt. Goen, who can verify the company does a good
<br />job. Mr. Mirkin stated that unfortunately Mr. Stull misunderstood when he can charge a surcharge.
<br />He noted according to the regulating resolution there is a data base online that surcharges are based
<br />on but Mr. Stull was paying more because he uses diesel fuel and was under the impression he could
<br />charge a surcharge based on his cost. Mr. Mirkin affirmed it was a misunderstanding on the part of
<br />Mr. Stull. Mr. Mirkin stated that Mr. Bodnar sent a letter to Bestway Towing on October 7, 2011, but
<br />they did not get the letter. He added if they had received the letter at that time, they would have
<br />refunded the $10.00 overcharge. Mr. Mirkin noted that since receiving Chief Boykin's letter of
<br />November 17, 2011, Mr. Stull has refunded all over - charges. Mr. Mirkin apologized on behalf of Mr.
<br />Stull and reiterated that refunds were sent as soon as Bestway received the Chief's letter. He added
<br />that Bestway has assured him this will never happen again. Mr. Mirkin stated it is important to point
<br />out that Bestway made a significant financial investment in the City with the purchase of City
<br />property to add on to their facility on Fellows Street. He noted they put up half of the funds and the
<br />City financed the other half. Mr. Mirkin stated the City will lose on their investment as well as
<br />Bestway, he noted, if they are removed from the towing list. He added they will also have to lay -off
<br />two employees. Mr. Mirkin apologized again and stated this will not happen again. Mr. Mirkin
<br />informed the Board also, that the resolution does not allow for termination due to overcharges. Mr.
<br />Bodnar questioned if Bestway ever got any of his letters. Mr. Mirkin stated they received one, and a
<br />faxed copy of Mr. Bodnar's letter. Mr. Bodnar stated both were returned to his office and his
<br />secretary resent both letters, so that is not correct. He questioned if Bestway had a copy of Resolution
<br />No. 22 -2009. Mr. Mirkin stated they do. Mr. Bodnar noted the resolution says only gas prices listed
<br />on the web page can be the basis for charging surcharges. He questioned if they had read the page.
<br />Mr. Mirkin stated Bestway's vehicles use diesel, not gas. Mr. Bodnar noted there is no authorization
<br />to charge a surcharge on diesel; why should you be authorized to pass on the extra cost of diesel
<br />because you bought diesel vehicles. Mr. Mirkin stated it's interesting that that authorization isn't in
<br />the resolution, it probably should be. Mr. Mirkin presented copies of the checks sent to refund the
<br />overcharges to Mr. Bodnar. Mr. Bodnar asked if these were being offered into evidence. Mr. Mirkin
<br />stated if he would like to, yes. Mr. Bodnar stated he would like to put into evidence a chart showing
<br />gas price fluctuations over the last year. Mr. Mirkin stated he had no objection. Mr. Bodnar informed
<br />Sergeant Stephen Goen that he received an email from Sgt. Goen on November 10, 2011 regarding
<br />Bestway's refusal to refund overcharges. He asked Sgt. Goen when he spoke to Mr. Stull. Sgt. Goen
<br />stated he spoke to Todd and advised him to stop surcharges immediately before he sent the email.
<br />Mr. Cottrell stated in his letter, Sgt. Goen stated Mr. Stull had stopped charging surcharges but had
<br />not refunded any money. Mr. Cottrell questioned why he didn't do the refunds before November 29,
<br />2011. Mr. Mirkin stated he received October's letter on November 21, 2011. He immediately went
<br />through Bestway's records and they processed checks within seven (7) days. Mr. Stull added he
<br />received the letter on November 21, 2011 and advised he was processing checks. Mr. BonDurant
<br />asked again why it took until November 29, 2011 to do the refunds. Mr. Stull stated he was going
<br />through the records and getting all of them together to process all at once. Ms. Vasquez asked how
<br />many customers received over - charges. Mr. Mirkin stated there were ninety -eight (98). Ms. Vasquez
<br />asked if they all received refunds. Mr. Mirkin stated they had. Ms. Vasquez asked if they paid
<br />refunds back for the entire year. Mr. Stull stated they went back to June. Mr. Bodnar confirmed that
<br />ninety -eight (98) would be an appropriate number. He noted a lot of vehicles are never picked up, so
<br />they never paid. Ms. Vasquez asked when they didn't receive the letter from Mr. Bodnar, did they
<br />report their change of address to the City. Mr. Stull stated the change of address was sent to the City,
<br />the Fire Department, and the Police Department. He stated he doesn't know why Legal didn't receive
<br />it. Mr. Mirkin stated business with the City is critical to Bestway; they have done a good job, this
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<br />DECEMBER 14, 2011 72
<br />31
<br />15 -
<br />16
<br />328 250 -
<br />78
<br />121
<br />157
<br />36
<br />1556 1540 -
<br />16
<br />42
<br />65
<br />23
<br />470 567
<br />97
<br />307
<br />284 -
<br />23
<br />3175 3196
<br />21
<br />20
<br />28
<br />8
<br />281 295
<br />14
<br />8
<br />3 -
<br />5
<br />51 41 -
<br />10
<br />561
<br />582
<br />21
<br />6229 6310
<br />81
<br />HEARING - REMOVAL OF BEST WAY TOWING FROM CITY TOWING LIST
<br />Mr. David Mirkin, Mirkin Law Offices, introduced himself as Bestway Towing's attorney. He also
<br />introduced his client, Mr. Todd Stull, Bestway Towing. Mr. Mirkin thanked the Board for the
<br />opportunity to deal with these unfortunate circumstances. He stated Mr. Stull's company has been on
<br />the City towing list for seven (7) years and it has been an integral part of their business. He stated
<br />Bestway has worked with the Police, especially Sgt. Goen, who can verify the company does a good
<br />job. Mr. Mirkin stated that unfortunately Mr. Stull misunderstood when he can charge a surcharge.
<br />He noted according to the regulating resolution there is a data base online that surcharges are based
<br />on but Mr. Stull was paying more because he uses diesel fuel and was under the impression he could
<br />charge a surcharge based on his cost. Mr. Mirkin affirmed it was a misunderstanding on the part of
<br />Mr. Stull. Mr. Mirkin stated that Mr. Bodnar sent a letter to Bestway Towing on October 7, 2011, but
<br />they did not get the letter. He added if they had received the letter at that time, they would have
<br />refunded the $10.00 overcharge. Mr. Mirkin noted that since receiving Chief Boykin's letter of
<br />November 17, 2011, Mr. Stull has refunded all over - charges. Mr. Mirkin apologized on behalf of Mr.
<br />Stull and reiterated that refunds were sent as soon as Bestway received the Chief's letter. He added
<br />that Bestway has assured him this will never happen again. Mr. Mirkin stated it is important to point
<br />out that Bestway made a significant financial investment in the City with the purchase of City
<br />property to add on to their facility on Fellows Street. He noted they put up half of the funds and the
<br />City financed the other half. Mr. Mirkin stated the City will lose on their investment as well as
<br />Bestway, he noted, if they are removed from the towing list. He added they will also have to lay -off
<br />two employees. Mr. Mirkin apologized again and stated this will not happen again. Mr. Mirkin
<br />informed the Board also, that the resolution does not allow for termination due to overcharges. Mr.
<br />Bodnar questioned if Bestway ever got any of his letters. Mr. Mirkin stated they received one, and a
<br />faxed copy of Mr. Bodnar's letter. Mr. Bodnar stated both were returned to his office and his
<br />secretary resent both letters, so that is not correct. He questioned if Bestway had a copy of Resolution
<br />No. 22 -2009. Mr. Mirkin stated they do. Mr. Bodnar noted the resolution says only gas prices listed
<br />on the web page can be the basis for charging surcharges. He questioned if they had read the page.
<br />Mr. Mirkin stated Bestway's vehicles use diesel, not gas. Mr. Bodnar noted there is no authorization
<br />to charge a surcharge on diesel; why should you be authorized to pass on the extra cost of diesel
<br />because you bought diesel vehicles. Mr. Mirkin stated it's interesting that that authorization isn't in
<br />the resolution, it probably should be. Mr. Mirkin presented copies of the checks sent to refund the
<br />overcharges to Mr. Bodnar. Mr. Bodnar asked if these were being offered into evidence. Mr. Mirkin
<br />stated if he would like to, yes. Mr. Bodnar stated he would like to put into evidence a chart showing
<br />gas price fluctuations over the last year. Mr. Mirkin stated he had no objection. Mr. Bodnar informed
<br />Sergeant Stephen Goen that he received an email from Sgt. Goen on November 10, 2011 regarding
<br />Bestway's refusal to refund overcharges. He asked Sgt. Goen when he spoke to Mr. Stull. Sgt. Goen
<br />stated he spoke to Todd and advised him to stop surcharges immediately before he sent the email.
<br />Mr. Cottrell stated in his letter, Sgt. Goen stated Mr. Stull had stopped charging surcharges but had
<br />not refunded any money. Mr. Cottrell questioned why he didn't do the refunds before November 29,
<br />2011. Mr. Mirkin stated he received October's letter on November 21, 2011. He immediately went
<br />through Bestway's records and they processed checks within seven (7) days. Mr. Stull added he
<br />received the letter on November 21, 2011 and advised he was processing checks. Mr. BonDurant
<br />asked again why it took until November 29, 2011 to do the refunds. Mr. Stull stated he was going
<br />through the records and getting all of them together to process all at once. Ms. Vasquez asked how
<br />many customers received over - charges. Mr. Mirkin stated there were ninety -eight (98). Ms. Vasquez
<br />asked if they all received refunds. Mr. Mirkin stated they had. Ms. Vasquez asked if they paid
<br />refunds back for the entire year. Mr. Stull stated they went back to June. Mr. Bodnar confirmed that
<br />ninety -eight (98) would be an appropriate number. He noted a lot of vehicles are never picked up, so
<br />they never paid. Ms. Vasquez asked when they didn't receive the letter from Mr. Bodnar, did they
<br />report their change of address to the City. Mr. Stull stated the change of address was sent to the City,
<br />the Fire Department, and the Police Department. He stated he doesn't know why Legal didn't receive
<br />it. Mr. Mirkin stated business with the City is critical to Bestway; they have done a good job, this
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