Like to call to order the passenger vehicle record board for Thursday, August seventh.

It is now three forty-nine PM.

I do want to remind that the sunshine law is in effect.

Do we have a second?

Second.

All in favor say aye.

Aye.

All opposed.

Motion carries.

Tempest issued as one.

That's for uh Richard Bridgman of Nouga Taxi.

All fees and paperwork paid and completed.

All fees and paperwork paid and completed.

And that's all we have.

All right.

Do we have a motion to approve the transfer of privileges T ninety eight from Mr.

J.

Easters or Mr.

Richard Bridgeman?

Do we have a second?

Second.

All in favor say aye.

Aye.

Opposed.

Motion carries.

Do we have a motion to uh approve Mr.

Richard Bridgman's uh temporary uh permit?

Make the motion.

Do we have a second?

Second.

All in favor?

Aye.

Aye.

Opposed?

Motion carries.

Is there anyone that has anything to uh speak to the board about?

Jonathan Easter and New Gita Taxi.

I just want to confirm the violations that are pending as well, review based on the lawsuit.

Are those going to be is that encompassed in this lawsuit that's pending?

Well, we're waiting for the uh outcome of the lawsuit before we bring um Mercury uh transportation before the board.

I got you.

I just I just want to know the the any assessment or discussion of violations are pending due to a name lawsuit between Mercury and Mercury.

That is true.

Gotcha.

Yeah.

I just want to know is there any way to update like the monthly board meetings that this is encompassing not just a name lawsuit but also violation pending lawsuit, which I don't see where the lawsuit has anything to do with accompanying violations.

Yeah, Mr.

East, I believe that um right now it just says it's still pending the court uh ruling from the court case.

Uh but yeah, at the I think at the last meeting we said that we would withhold any um further until that is resolved.

How you doing, sir?

Guys, uh Mark Shackleford, Shacklebert Tower and Recovery.

Um also I'm vice president of the Tennessee Tow Association, and with that appointed position there, I've I've been able to work with some of the legislators in Nashville, some lobbyists uh in the state, and ultimately uh some of our local uh Senate House members to uh to get some clarification on state law that has changed and things that are coming through the pipe, some of the things that just changed January, sorry, July 1, and some things that are coming next July 1 that will kind of have some uh some things to do with the towing and recovery uh reporting of motor vehicles that are towed in the state and and the big change of of how we're doing that today versus how we're gonna be doing that uh next next year, and it's a transition that we're we're all gonna have to do as owners as tow owners, but uh in some of that new legislation that was passed and signed off on.

There's a lot of things that would you know affect private property tolling and how that's reported, and kind of want to take a stab to see if we could look at our private property ordinance in the city, uh work with council or city attorneys to get some new updated revision of that of that ordinance as it's I think 15 years old and has a lot of antiquated requirements to it.

Uh I don't think you guys want to hear all those right now, but I mean I think if we sat down and talked about it at some point, you guys would agree.

And the last time you know I had the opportunity to work with the beer and record board.

I think Miss Coleman was probably uh the only one that was that was here back then, and and they appointed uh us to one of the city council members to work in a legislative session to kind of get some of that stuff straightened out.

So I don't know if the board has to make a recommendation or if the you know regulatory bureau can work something out for us, but there's definitely some things in the in the ordinance that you know affects the citizens and and us as towers that that needs a cleanup on.

Okay.

Look at as a board, or would it be more for the attorney's office?

Um city council.

I believe this board would recommend any changes to city council.

Um, but uh if you want to reach out to to Chris Anderson or um or a city council member to to work on getting stuff drafted, um, or uh Inspector Moser may be able to um last meeting and we're supposed to have a response on the rate increase that we've been waiting on for two years uh today and uh get an answer.

So we gotta have something a little better than what we got, I guess is my point.

And a recommendation from the board would probably, or maybe even if we organized the meeting along with the board, would that help move it swifter and get some type of response?

September have a meeting before the meeting and listen to the concerns, and that way we can look at it and then make a recommendation for it to see the council.

Uh yeah, I mean we it it could either be a separate meeting or it could be added to the agenda, just add to the uh the regular agenda meeting if um Mr.

Shackelford and some other drivers want to tackle that during the meeting.

I mean, I I didn't know.

I mean, if you guys tell me I have to go to council and you know, come up here and play a ukulele like the guy did last week to get his point across, I'll be glad to get a ukulele and go for it.

But uh you know, I figure there's a cleaner way of doing that.

Yeah, I I mean ultimately you'll have to go go to the council, but um this board can certainly um you know hear all the concerns and and discuss what sort of recommendations to make to to the council.

Can we organize time to get that conversation had and that response made?

So Mr.

Shockerford, we're gonna put you on the September agenda so that we can listen to all your concerns and you can have them organized and submitted to us, and then we will make the recommendations to city council based off of that.

Okay.

No, and I I was uh looking for that myself, so I will reach out to Mr.

Anderson because I was um actually coming in to look look at that.

I was curious about that uh rate increase as well.

Correct.

So I will um reach out to Mr.

Anderson and uh is he the only one in the city that can help us as far as I mean I feel like we got a lot of a lot of p uh uh constituents and a lot of folks in this city and and and he does a great job when we can get his attention, but he's the most busiest guy you've ever met that works here.

He is extremely busy, and that that's why I think um I don't know, he's probably he's the contact that was here that then, so and who was uh at the last two meetings.

So I will definitely uh reach out and see if we can't have an answer for you in September when you call it.

I mean here again, I'm not coming to complain, but again, we we waited a month from July to today.

We still don't have any knowledge or information about what we talked about back then, and now we're putting it off for 30 more days.

So, you know, and we've only waited two years.

I understand your I understand your concerns.

I mean it's you know what do we do.

I got a question for uh council.

So is there any kind of mechanism that city attorney's office monitors like you know, legislative changes like what he's describing and to update the city council or the the ordinances?

I mean, I mean we we certainly try to stay on top of uh legislative changes, um you know uh and how that affects the the city and different operations um but uh you know I mean certainly when we're required to make legislative changes we try to do that.

Sure.

Um you know bring that to the the council's attention.

Um but uh I I'm not gonna say we there's not like a clear trigger.

Sure.

Um we've got uh you know try and keep on top of things and when we see changes that we anticipate will affect uh city operations, we we try to address those as needed.

Sure.

Uh yeah, I get it.

I was just curious.

I mean, is I don't know what kind of issues you're talking about, but if it's something that's preempted, you know, by state law ordinance, then I mean that would seem like that would just change automatically.

Mr.

Matthews, uh the to rebuttal just a little bit.

I I had the the pleasure to work with uh Senate uh majority leader uh Chad Johnson and his senior policy writer Luke Gustafon in Nashville, along with you know Bo Watson was involved in our tow association lobbyist.

So the information that I have probably never graced the city's door at this point, you know, it was just enacted in in July, so I don't think that we we really are uh a lot of cities are probably behind the times when it comes to tow trucks.

Well, I just I mean it could be a situation where the state law would would preempt city ordinance and you know we'd love for some of the city ordinance stuff to be cleaned up to where state law did manage and cover it because there's some some benefits to that as well.

Sure.

Yeah.

And and we the board definitely recognizes uh Mr.

Shock for your frustration.

Sure.

And we uh but we we asked that you um allow us to get our bearing.

I I agree and one one other thing when when I handled this with councilwoman Dolly uh several years ago when she took over the legislative task of of handling this for us, um part of that was a January one fiscal year annual rate increase based on the inflation calculation that they used to come up to where we were at from the old rate, which was uh 125-135 to the now 225-250.

So it was 18 years that that went by before any of that was addressed, and they just needed somebody to come up here and do what we're doing today and make that make it make it happen.

But but during that conversation with Miss Dotley, um that was implemented into the ordinance, and I think there's some part of that that's getting read improperly uh to to make it to where uh the board has to make a recommendation and then it has to go to council.

That's not kind of what we discussed when we were in the boardroom there.

So I I'm just playing by the rules that they're making as we go at this point uh and trying to be patient.

I got like I say, we've done that for two years, so no, I I definitely understand.

Um we just need somebody to that that that can make the rules and make a decision, raise their hand and let's get it behind us.

So to make that decision, we we have to be uh make it uh have be educated on it.

Um that's what we're asking is the patient so that we can't educate ourselves on that by then can we calendar for next next meeting?

That's what we're saying, yeah.

That's our only option, I guess, right?

Yeah, so we would be here at three o'clock to meet with Mr.

Shockwell for it then to hear I think it's gonna take longer.

Well, I I mean I it's easier if it's just done during the meeting itself.

Yeah, it's uh if I'll prepare a presentation by paper and email it to you before beforehand if you'd like that way.

Everybody's got a chance to review it and poke holes in it, ask questions.

Okay, yeah, gotta make it make sure they get that to Miss Lawrence.

Absolutely.

Yeah, we're gonna allow him to distribute all the information needed, right?

We're gonna allow him enough time to speak instead of the two minutes, three minutes.

We're gonna give him time to explain everything.

Yeah, we could not cut him off at two minutes or three minutes or yeah, yeah.

I mean, we can we can I guess add it to the you know, put it formally on the agenda so it's an agenda item and not just uh our calendar will be here next next month.

Yeah, thank you, yes.

All right, thank you.

So basically it says under this question.

Um pretty record business.

Okay.

Three o'clock.

No, it'll be at the regular during the regular three 30 minutes.

Yeah, regular time.

Okay.

Sorry.

So if y'all look at page 20 out of 36 in the middle that they provide an annual increase every January based on the annual inflation increase.

The prior months data to be approved each year by the record board.

What was that section you read?

It is under section 3516 under three.

I'm sorry, under four.

Okay.

35-160 under uh increase.

I see that we we are uh responsible for the increase over January based on inflation rate, or we just use the national inflation rate to calculate this.

Umless unless we have local local data.

It's not a defined term in the ordinance, the inflation data.

Um is that something that the city would provide to us, or do we need to find it ourselves?

I will look into that.

Okay.

I'll have to find it, but there is something that says it has to be approved by city council for the I guess final.

I guess we would make a recommendation to the city council approved.

So I think everybody does have a copy of the uh ordinance now.

Yes, pay for copy.

The past January.

Correct.

Last one was last year.

Okay.

24.

I've got six minutes in conversation from Chris Anderson today that says that it agrees from the last meeting that failed to breathe increases this day.

So um, and also to add to the question, uh the last time we did this, the annual inflation calculator was done um by Mr.

Smith in the mayor's office.

Um and Mr.

Smith did a whole analysis from the last 18 years, and that's where they got basically three percent each year was the was the percentile that they're working and averaged out to make it where it came to at that point.

So uh we're we're all throwing guards at three percent because that's what work is in here.

Um but it may be 3.1 this year and 2.5 will you know, the next we don't know.

And mr mr.

Sackford, I'm sorry, you said that was when it's at 225 to 250 right now.

Currently, I'm charging 225 and 250 as I have not been up.

So I don't have permission.

I'll promote it.

I don't like the buy, so just uh I'll stay on this side of the local line.

So the city rotation, that's the basic tow, plus they can add other fees.

Now when you start talking about like county THP stuff, they have a set rate of and a lot of their stuff prices, everything's included in it.

We have extra stuff like dollies and winching, and so it just depends on the situation.

Sometimes that bill can get up there pretty far pretty high.

So just to basically just pick a car up, go it's a certain yet, start adding these little extras like winching and airbags or whatever, clean whatever.

I don't know what you're talking about.

Yeah, and it's in the ordinance there, it shows what all they can charge for.

Yeah, and different classes can charge for different stuff.

So all right.

Thank you again, gentlemen.

Sorry, Jonathan, he's doing it.

Just to piggyback, uh kind of help Mr.

Shagleford out.

We've dealt with this before when Uber and Lyft came in, city council created an ordinance that specifically regulated Uber Lyft or what they call transportation network companies forward slash ride share.

Um the city was uh putting forth an ordinance to kind of regulate those vehicles, and then when they approved it like a week later, state came out with their own rules and did not give a scope of authority to s individual municipalities or cities to govern uh Ubers and ride shares.

And what came of that, and I think the current the attorney at the time was Riseman and Melinda Foster, and what they said was anything that comes down from the state that supersedes anything that you're regulated under of whatever rule that you're trying to do.

Basically a little bit of words of comfort for Shagford, anything exclusionary to the scope of authority of them charging, you know, being able to set your rates, anything outside of that if state supersedes it, it you don't have to wait on ordinances to be updated by the city.

That's up to the duty of the city.

So and if the city comes to find out, oh you're in violation.

Well, yours is your your answer should be no, not according to TCA code annotated, whatever the acronym is for uh Tennessee state law.

And that's what I don't that for us.

There is a specific scope of authority of certain things that cities can regulate, which we're we're pretty much in there.

There's a couple gray areas that are weird, but for him, I don't know.

But anyway.

That's also one your inference.

Um the state to comment what Officer Moser said that you got the state rates are are typically higher.

Um I believe they're 275 and 300 or something, something along those lines.

I don't have them in front of me but the states traditionally higher.

The county is is is less than the state typically by 20 or 30 bucks or or so and then and then we've got the city rates which to Moser's point the you know we have our standard tow rate which is the maximum fee.

It does it doesn't say that you know if I tow Mr.

Parsons car I gotta charge him you know 250 it means that I can charge him 150 if I choose to it's just the maximum set rate so uh not every towers utilizing those those fees every single time they tow a car there's you know people that have a customer base and and a and a business to protect and there's some that are out here bad actors in the industry so um we uh we've got you know the state that's the highest the county that's the next highest and then us as the city uh we do have the option as he stated for Dolly skates extra winching you know uh access spill cleanup uh material that we have to purchase that's required to be on our truck so the the new ordinance that that miss dotley helped us with was very beneficial to us it it allowed us to to get some rates in there the some things that we do have to pay for that we weren't able to charge for according to the ordinance so uh that was kind of a little contradictive but but once we got that on the board we were able to to charge for oil dry and and some cleanup stuff uh that was helpful um and and then like I said some of the things the skates and the dollies and those are add-ons so um not necessarily used in every event so um when we get this three percent this three percent that just goes on the tow fee the the daytime and the nighttime toe fee and I do think according to the ordinance there's some asterisk down aside some of the tow rates that are in the 35-160 or 171 uh numbers that that do allocate that they are uh along with a rate increase each fiscal year as well so um there's some things that were outlined that did take the rate increase and some that weren't so look at those with a magnifying glass I guess thank you all right did uh anyone on the board have any further questions did you have anything further sir no sir we have a motion to adjourn to adjourn do we have a second second meeting is adjourned