City of Milwaukee - File #: 181015

Date	Ver.	Action By	Action	Result	Tally	Action Details	Meeting Details	Video
12/18/2018	2	COMMON COUNCIL	APPROVED Minutes note: Written objections have been filed in this matter. The question was put Have the members of the Common Council read the Report and Recommendations of the Licenses Committee and the exceptions filed in this matter? The roll was called. 15-0 The question was put are any of the following or their counsels present and, if so, do they wish to address the Common Council? Anthony Lopez was present by Atty. Dan Sanders Ald. Kovac moved that the Common Council resolve itself into a Committee of the Whole to hear oral arguments on behalf of the licensee in opposition to the Report and Recommendations and a statement presented by the City Attorney. There were no objections. Atty. Dan Sanders and Atty. Tyrone St. Junior presented their statements. Ald. Kovac moved that the Committee now rise. Hearing no objection, so ordered. The question was put are there any motions relative to this matter? There were no motions. There was no further discussion. A vote of those Council members present to approve the recommendations of the Licenses Committee as contained in File Number 181015 was taken. The roll was called. 15-0	Pass	15:0	Action details	Meeting details	Not available
12/4/2018	1	LICENSES COMMITTEE	RECOMMENDED FOR APPROVAL Minutes note: Appearing with the Licensee: Atty. Dan Sanders stated that this is the livelihood of the licensee and is still in the learning process. He stated that when the licensee was responding to Mr. Clark on the phone that he was trying to tell him that while they have to provide the drop fee, Mr. Clark has to provide the proper documentation. He stated that in 2018 several drops were offered. He provided the records from 2018 billing. He stated that the licensee does approximately 1,000 tows per year. He stated in January there were 6 salvage cars and in March there were 68. He stated the incidents of people coming up during a tow and asking for their car back is rare. He stated of the 50 incidents the ones that indicate "no fee" or "return for free" were often free returns due to the error of the management. He stated that Mr. Strehlow did a lot of drops via credit card and there were a couple in 2018 and 6 in late 2017. He explained the process of the receipts, tow cards, and fees. He stated that more encounters are when a manager asked for the vehicle to be dropped. He stated there were 9 times this year where a drop fee was given. He provided 2017 records and receipts, indicating 15 drop fees. Ald. Dodd moved to enter in to the record as exhibit #1 the 2017 records and receipts. (Prevailed 4-0) He stated that the face to face encounters with people while being towed are the exception, not the norm. He added that the majority of the face to face encounters are tense and violent. He stated that Mr. Clark did get in to his car and start it on the night in question. He stated that the ordinance states there needs to be a signed waiver, but there is no City approved waiver form, and most people don't want to sign anything. He added that they have a draft waiver form that they can send to Chief Morales. He stated that their customers are depending on them, but it's not an easy job to do. He stated the drivers are confronted with drunk, angry people all the time. He stated a revocation for one incident in 3 years is unduly harsh, and a warning letter or suspension would be more appropriate. He stated that no one was deceitful to the committee. He stated the records for 2017 and 2018 are consistent, and Mr. Strehlow gives cars back for free. He added the licensee had previous unrecorded phone calls with Mr. Clark. He stated that Stephanie Lampone 2214 S 60th St stated sometimes the management asks for cars to be towed in error. She stated that sometimes the manager hasn't given the tenant the parking permit. She stated that a tow card is attached to the receipt with a tow number. She stated that Mr. Clark came to the tow lot and filmed her and called multiple times, and didn't want to provide his ID or title when he picked up his car. She stated the business is a family business with only 6 trucks, and they are picky about the drivers they hire. Individual also present: Peter Knox stated the licensee has done over 1,000 tows per year for the last few years. He stated of the 46 records provided by the licensee, for City authorized tows, 9 receipts had "drop", 28 had "drop, give back for free", and the remaining 9 had different things. He stated DPW looked at follow up calls regarding drop fees. He stated that there were 3 calls back to Parking Enforcement regarding cars not being towed with the following notes: 1 released to owner, 1 owner moved vehicle, and Abyss did not have the vehicle. He added that DPW is looking at a standardized form when a vehicle is given a drop fee. Ald. Lewis asked how to match a receipt to a towed vehicle because some of the receipts aren't filled out completely. She stated she found it curious that with all the records were submitted, Mr. Clark was not offered the drop fee or have his car dropped for free, even though they do it all the time according to the records that were provided in exhibit #1. She added that the statements that Mr. Clark should know the law were a flagrant disregard for a customer. She added that it's a poor business practice and goes against the legal obligation of the licensee. She added that the nature of the business does lend itself to confrontations with customers. Ald. Kovac stated what he was looking for was the very specific records in compliance with the city ordinance regarding the drop fee. He added that the law was trying to be as thorough as possible. He stated that he feels the response to the revocation complaint wasn't truthful. He stated the committee generally looks at the whole circumstances surrounding incidents and integrity is a big part of the judgement call the committee has to make. He stated he was most concerned about the call with Mr. Clark where the drop fee is discussed, and it made him disbelieve Mr. Strehlow's testimony, because Mr. Lopez never said a drop fee was offered to Mr. Clark on the phone call. He added that this is a citywide issue and the legislative intent was to deal with the behavior of tow companies and to hold them accountable because of the complaints from residents. He stated the law was to encourage good behavior by tow companies. He stated that he does not see a consistent pattern of following the law or the believable fact pattern of the night in question, corroborating Mr. Clark's testimony. Ald. Dodd moved to enter the 2018 records provided by the licensee as exhibit #2. (Prevailed 4-0) Ald. Dodd moved to enter in to the record the DPW response as exhibit #3. (Prevailed 4-0) Ald. Kovac moved for revocation based on the revocation complaint and licensee and DPW testimony. (Prevailed 3-1, Ald. Coggs voting no)	Pass	3:1	Action details	Meeting details	Not available
11/27/2018	1	COMMON COUNCIL	REFERRED TO Minutes note: The question was put: Have the members of the Common Council read the report and recommendations of the Licenses Committee and the exceptions filed under this matter? All members of the Common Council indicated reading the report and recommendations of the Licenses Committee and the exceptions filed under this matter. Ald. Kovac moved to refer the file back to committee.	Pass	14:1	Action details	Meeting details	Video
11/14/2018	0	LICENSES COMMITTEE	RECOMMENDED FOR APPROVAL Minutes note: Matthew Clark summarized his complaint and recounted the events of the night his vehicle was towed. He stated a drop fee was never offered by the driver. He stated that when he picked up his vehicle they would only let him pay in cash because it was outside of business hours. He stated $355 is a lot of money so he started investigating the law and believed that money was wrongfully taken from him. He corrected a previous statement saying that the driver did call the tow in prior to towing his vehicle. He played audio from his phone call with the licensee regarding the towing of his vehicle and the drop fee. He stated his driver's license and insurance card was in his wallet on his person. He stated he shows his ID all the time and has no issues with that. The committee recessed at 2:39 PM The committee reconvened at 2:47 PM Appearing with the Licensee: Atty. Dan Sanders stated he is concerned about his client getting a fair shake before this committee, and feels that his client is being prejudged. He gave an explanation of how the towing of vehicles occur at the Pinehaven Apartments. He stated the licensee was unable to locate the video from the tow in question. He stated that there was 1 more tire to hook up when Mr. Clark arrived. He stated Mr. Clark was offered the drop fee but he refused to show the proper documentation. He stated Ms. Lampone came in on Sunday when they were closed to let Mr. Clark get his car. He stated the hook up of Mr. Clark's vehicle took approximately 5 minutes. Ald. Lewis moved to enter in to the record as exhibit #1 the exhibits provided by Atty. Sanders. (Prevailed 5-0) He provided a photo of a blank receipt that are used when drop fee is given. Michael Strehlow stated he was the tow truck driver on the night in question. He stated the vehicle was fully hooked up and he always offers a drop fee, and 100% of the time people accept the fee. He stated that he's waited for people to go to an ATM or borrow money from neighbors. He stated he worked for Abyss for a year and half, but no longer works there. He stated he did approximately 6-10 tows per day when he works for Abyss. He stated that he only saw vehicle owners 5 or 6 times while he worked at Abyss and offered a drop fee. He stated Mr. Clark refused to provide any paperwork when offered the drop fee. He stated he had Square on his phone to accept a drop fee via credit card. He stated he calls the Tow Desk when he drops a vehicle because he doesn't want to be responsible if something happens later in the night. He stated that he gets paid either way, so he has no incentive to tow or not tow a car. He stated that the drop fee waiver wasn't provided or signed because Mr. Clark refused to provide him with his ID and insurance card. He stated that he has had 1 or 2 people sign the drop fee waiver. Anthony Lopez stated the City does not indicate whether a drop fee was paid or not. He stated he has called the City when he does a drop fee, but the City does not record it. He stated he didn't think providing old drop fee receipts would be relevant. He stated he has done 5 or 6 drop fees, but he doesn't encounter many people that are pleasant. He stated that people have pulled a gun on him and he has bullet holes in a tow truck. He stated that he's been in the industry for 12-15 years. He stated he calls in the drop fee as a courtesy and was unaware of the $15 refund of the tow fee. He stated that he does around 3,000 tows annually. Stephanie Lampone stated she handles the bills every month and didn't know there is a $15 refund for every drop fee. She stated they don't do a lot of drop fees because they tow a night. She stated if she knew about the $15 refund she would have called the Tow Desk previously. She stated that they were closed on Sunday so that's why she required Mr. Clark to pay in cash because she didn't have her iPad with her to accept a credir or debit card. She stated she offered for Mr. Clark to retrieve his car on Monday when they were open, without an additional day of storage. She stated the drop fee receipt is provided by the driver with the tow card. She stated she has released vehicles on Sunday previously as a courtesy. She stated that she told Mr. Clark that she couldn't just give him a car because he had the keys. Peter Knox - Tow Lot Supervisor explained how the City bills tow companys for tow, including a reduced rate of $15 if there is a drop fee. He stated there is no record of reported drops from the licensee. He stated there is an end of the month reconciliation each month to indicate the disposition of vehicles including those that were dropped and recycled. He stated there is records of the licensee recycling vehicles. Tom Woznick - Parking Services Manager stated intent of the legislation was to allow an individual to pay the drop fee and take the car, but not the same way a car is recovered from the Tow Lot. He stated calls that come in are recorded in the tow file and if a private tow company calls back it is noted in the record, but it's not recorded in the billing, because it's a different system. He stated the City, through private contractors, does 20,000-30,000 tows per year. He added that 3% of those tows are dropped, and is a regular function of towing in the city of Milwaukee. Keira Schmeling stated that when someone declines a drop fee they are required to sign a waiver. Ald. Coggs asked why on the phone call the licensee stated that they're not required to offer a drop fee and it's the reponsibility of the person whose vehicle is being towed to ask for a drop fee. She asked how long the licensee has owned the company and how long he has been in the industry. She stated that is is hard for her to believe that a business owner would be willing to leave money on the table. She stated she wants to make sure the drop fee process is fair and wants to know what happens with the calls the licensee makes. She stated that the licensee did not handle the phone call appropriately and inaccurately portrayed the law to Mr. Clark. She asked if Mr. Strehlow ever had people sign the drop fee waiver. She stated it is obvious that the practices, policies, and recording keeping of the company are insufficient. She stated that she doens't know if the company has done drops or not, or whether it was 0, or 5, or 50. She added that the ordinance states how to handle drop fees with paperwork and getting a refund, but there are no records of any of that stuff, and that's how you do business. She stated Mr. Lopez was unprofessional on the phone with Mr. Clark. She stated Mr. Lopez is responsible for knowing the laws as a business owner, and so records can be kept. She stated the decision is going to be made based on facts, not on attitudes. Ald. Kovac asked if the licensee brought any filled out drop fee receipts. He stated that you can't claim to be closed and not accept credit cards, but then be open and only accept cash. He stated the key issue is whether or not Mr. Strehlow offered a drop fee. He stated that he's trying to figure out who is telling the truth. Ald. Lewis stated the licensee's testimony is contradictory to what he said in the recorded phone call. Ald. Witkowski asked if a drop fee waiver was offered to Mr. Clark. Ald. Witkowski stated he heard a great many contradictions today, despite both parties saying they were right. Ald. Kovac stated there is a lot at stake here on both sides and credibility is most important, and when a licensee owns up to the mistake and tries to improve it and do better he's inclined to go easy, it's different than a licensee who does not own up to their mistake and falsifies the facts. He stated the complainant is credible and provided a very detailed account of what occurred. He stated a tow truck drive may not have as good a memory because they do lots of tows. He stated there was a lot of corroborating evidence for the complainant's testimony, and he corrected his testimony when he was wrong. He stated the he doesn't believe Mr. Clark refused to give his ID when offered a drop fee, because he provided it the next day to get his car back. He stated the licensee provided blank drop slips, but not filled out slips. He stated he doesn't believe the licensee is following the drop fee law. Ald. Witkowski moved for revocation based on the revocation complaint and complainant, driver, and licensee testimony. (Prevailed 4-1, Ald. Coggs voting no)	Pass	4:1	Action details	Meeting details	Not available
10/23/2018	0	LICENSES COMMITTEE	HELD TO CALL OF THE CHAIR Minutes note: The licensee and the complainant were not present. Ald. Witkowski moved to hold to the call of the chair. (Prevailed 5-0)	Pass	5:0	Action details	Meeting details	Video
10/16/2018	0	COMMON COUNCIL	ASSIGNED TO			Action details	Meeting details	Not available

Number

181015

Version

SUBSTITUTE 2

Reference

Sponsor

THE CHAIR

Title

Substitute motion revoking the Recycling, Salvaging, or Towing Premises license of Anthony Lopez, agent for Abyss Towing LLC for the premises at 960 W Armour Avenue doing business as "Abyss Towing" in the 13^th aldermanic district.

Analysis

This substitute motion revokes the Recycling, Salvaging, or Towing Premises license of Anthony Lopez, agent for Abyss Towing LLC for the premises at 960 W Armour Avenue doing business as "Abyss Towing" in the 13^th aldermanic district.

Body

Whereas, The Licenses Committee received a notarized complaint from Matthew Clark requesting the revocation of the Recycling, Salvaging, or Towing Premises license of Anthony Lopez, agent for Abyss Towing, LLC for the premises at 960 W Armour Avenue doing business as "Abyss Towing" on September 21, 2018; and

Whereas, The Licenses Committee held evidentiary hearings concerning this matter on November 14, 2018 and December 4, 2018; and

Whereas, After accepting the revocation complaint as true, the Committee found that enough evidence existed to justify revocation of the Recycling, Salvaging, or Towing Premises license of Anthony Lopez, agent for Abyss Towing LLC for the premises at 960 W Armour Avenue doing business as "Abyss Towing"; now, therefore, it is

Moved, By the Common Council of the City of Milwaukee, that the Recycling, Salvaging, or Towing Premises license of Anthony Lopez, agent for Abyss Towing LLC for the premises at 960 W Armour Avenue doing business as "Abyss Towing" is revoked.

Requestor

Drafter

CC-CC

Molly Kuether-Steele

12/12/18