It's 330 on January 8th, 2026.

I call the passenger vehicle for higher board to order.

Want to welcome everyone.

Happy New Year.

Want to remind everyone that the application of the Sunsign Law is in effect.

Do we have a motion to approve the minutes from last meeting?

I'll make a motion.

All in favor say aye.

Motion carries.

Did you miss all that?

Yeah, we weren't ready.

Oh sorry.

I saw the time.

Yeah.

The motion uh carrying to um approve the meetings from the last meeting.

The minutes from the last meeting.

Inspector Moser.

You ready?

I do 30.

You ready?

Okay.

Under all fees and paperwork paid and completed.

Uh we have I'm sorry, under um new driver permits, temporaries issued.

We have zero.

Uh all fees of paperwork paid and completed with zero.

Uh request for driver's permits, renewals.

We had three of them, uh, one for Mercury Taxi, one for Nuga Taxi, and one for AV taxi.

And all the fees and paperwork were paid and completed.

We have a motion to approve the request for driver permits.

I'll make that motion.

All in favor say aye.

Aye.

Aye.

Motion carries.

And an old business, the something that was passed.

Section 35171, non-consent towing from private property for American tow and recovery.

According to orders, the tow truck operator shall notify the Chinagan Police Department of any non-consent tow of a motor vehicle from a private property.

The notice required by the subsection shall be sent electronically or telephonically within one hour making the non-consent tow of a motor vehicle from private property.

Shall send written confirmation of the consent tow of a motor vehicle from private property within two days if the motor vehicles not claimed by the owner of record.

Or the owner of records representative.

Representative has reclaimed the motor vehicle.

So under that, they were cited for uh failed to report non-consent tow or vehicle from private property by electronically or telephone.

They did not call in and report the vehicle to Hamlet County 911 dispatcher.

And so they were cited for that.

Officer Grinninger as 1227.

Responded to American Tow at 1625 Shepherd Road for a dispute over a towed vehicle.

Initially there was a discrepancy over where the vehicle was towed from.

The victim, Linda Coddle, stated she had left her town, left town on 916 around 1900 hours, which is 7 o'clock, if you don't know.

And she had parked her Hyundai Lantra, Tennessee Tag at 975 Kroll Street.

And when she returned on 928, the vehicle was gone.

Linda then called police and reported the Hyundai is stolen on 10-1 of 25.

American towing notified Linda that they had her car and had been trying to notify her, but she was not aware of this until then.

Linda then went to the lot where they were giving her a bill for the tow and storage fees.

Linda called the regulatory board, and they were not able to find any private property toe log from that day.

Alexis pulled the files for the tow and it shows on 917, uh 25 uh 1200 hours.

American Toe received the call for private property tow at 37 3701 West Avenue at the church.

The caller who authorized the tow was Ruby Wilson, the church secretary who said uh two black males left a car there and they wanted it removed.

Uh the officer did call Ruby and she confirmed that the tow and that Brian Washington said he saw the males leave the car around 0230 hours on 917.

I also got in contact with Brian, the officer did who sent photos of two black males around the age of 17 to 20 years of old leaving the car at 0234 hours and a walk away at 0325 hours.

Uh the officer then drove to the lot where the victim was and confirmed it was the car.

Linda said she had been to the lot on 10-1 and saw the ignition was broken on inspecting the car.

She uh the officer found the ignition was popped and most likely started with a USB cable that was in the car.

The inside of the car had been heavily rummaged through, but Linda did not observe anything specifically missing.

Uh the officer removed the vehicle from NCIC as recovered.

Linda called for a tow and Doug Gates picked up the car and towed it to Hyundai to be repaired.

Due to the time delay from the initial incident and others, including the owner, had been in the car since then.

The officer was unable to observe any laden prints.

So initially they the uh American Toad did not call report the vehicle as towed on private property like they're required to.

Uh come over here.

Does he have to be uh uh I I believe he's an attorney but not this morning that's just a light that's the microphone.

I did not switch in onficer motion, please raise your line.

Sorry, you're missware or affirmed the testimony that you have already given and that you will give is the truth all true about the truth.

I do.

Thank you, sir.

And then you did not need it this morning, is that correct?

He is an adjourned.

Yes.

My name is hang on a second.

This light if you need it.

That's the speaking to speak normal.

Appreciate it.

Thank you very much.

Um, my name is Dan Ripper.

I'm an attorney here in town at Luther Anderson.

I represent American tow and recovery.

They're drive the owner of the company, Aaron Black, is on his way.

He was in is in Lafayette working his way back from Lafayette where he was called down on a tow trying to get a piece of equipment put back upright.

Um I have filed an answer on behalf of First Response Towing Company and consequently have entered an appearance in this case.

Um what I can tell the panel is that it is in fact correct that uh we were called out to 3701 uh West Avenue.

That's the first missionary Baptist Church by Ruby Wilson.

She asked us to remove a vehicle from their property.

Uh we have a signed tow ticket requesting the removal of the property.

Um it is unfortunately also correct that the driver did not call into the police as he was supposed to call into the police.

Um the driver has been terminated for that.

Uh and the remaining drivers at the company have been re-educated on the requirements of non-consensual tows.

They have been informed that they need to make sure that they make that call as required by the staff uh by the ordinance by the city ordinance.

And um additionally, in speaking with the people of American Tow, I have worked with them on creating an additional process in office so that that can be verified when they get that information back.

They had been doing it by payroll, which is not an instantaneous verification of the fact that the consent or that the uh communication had actually been made to the police department, and so we're putting in place procedures that will require them to make the appropriate notification to the police department with the drivers, but then additionally with the office staff that they check on a fairly quick basis to make sure that that has actually been done.

Um the vehicle, while there was, as I understand, initially claimed to have been a report made that uh that she was presented a bill to get the vehicle back, the vehicle was ultimately released with no charge once it was realized what had happened candidly.

I don't believe the people at American Towing Company realized until they heard from the police that their driver had not notified the way they were supposed to notify, which was an additional reason for his termination upon finding out that he had not notified the police as he was supposed to do, but the vehicle was ultimately released with um with no charge to the officer.

And so while we acknowledge the facts, that is to say, we acknowledge that we had a driver on our staff that made a mistake.

Uh the driver has been terminated, he won't be back working with us.

We have uh re-educated the other drivers.

We have um taken internal steps to put a redundancy in place to make sure that we verify that the drivers have done what they're supposed to do.

Um so uh I believe that that all mitigates against uh whatever finding that the board might need to make.

And I mean look, the facts require at least a finding that we didn't call, right?

That's absolutely the case.

But what I'm trying to present to you to you to understand is is that there is there are mitigating factors.

Once we realize what had happened, gave them the vehicle back without charge.

Um it shouldn't have happened.

It will not happen going forward.

That's the purpose of the re-education of the other drivers.

That's the purpose of putting the redundancy in place in the office.

All right.

Inspector Mosier, are you aware of any other um such violations by American tow and recovery in the last 12 months?

Sure.

Uh so nothing last 12 months of the last thing was two years ago.

Uh so ultimately this would be their second violation.

Um I think April was the hearing in 23.

So almost three years.

What was that violation two years ago?

That was that was a non-consent towing from private property.

Um it was a bunch of cars towed from Walmart and Brainerd.

Um this is a second time.

This is the second violation they they've received.

Yes.

Except for that time they they called stuff in.

It's just the the process of the how they got the cars and stuff was an issue.

Gotcha.

So this is the second violation under the same code, basically.

And that's what I would point out is that it's not exactly the same second violation.

They were calling in at that time that those were called in.

It was it was it was as he says the way that the vehicles were being taken and the way the towing was being done.

Um so it's not as if we've made this same mistake twice.

I mean, look, again, and Mr.

Black is here now.

I acknowledge, I do acknowledge we made a mistake.

I think the appropriate way to deal with the mistake is that you educate people about it, you make sure it's not going to happen going forward, and once they realize that a mistake had been made, they owned it, gave the vehicle back to the owner without without charge.

And so we'd ask the the board to consider that in evaluating what to do in this case.

Um, yes, so you know, I I look at the three strike rule, you know, even though it wasn't quite the same, you still had a violation.

Um, a couple years back, and this has happened again.

Um I mean, I think people make mistakes, and if you're correcting it, then it shouldn't happen again ever.

Um that being said, I feel that the three strike policy is the way that I would like to go with this.

So you're looking to uh yes, I have a question.

Yes.

Um is you said that the um the rest of the members, the rest of the employees were uh retrained.

Yes.

Um is the training offer ahead, like when they're first hired.

Yes, they are informed when they're first hired, but clearly at least one person didn't get the message.

So it seems that re-educating people would be the way to go at that point.

I mean my understanding is that he believed that Miss Wilson had called the police and told them that the vehicle was being towed.

That does not excuse his obligations under the statute, but I believe that or under the ordinance.

But um based on conversations with uh the driver with management and the driver that he said, well, Miss Wilson called it in.

So that does he still has the obligation to call.

I know.

And so that's part of the retraining is explaining to the drivers, there's no substitute for anybody other than you calling it in, and that way that mistake wouldn't be made again.

And uh Miss Westbrook, I respect what you have to say about hey, once a mistake is made, it shouldn't be made again.

Again, I would point out that while this is uh under the same section of the ordinance, it's not the same mistake.

In other words, at the Walmart, as he said, we were calling in.

The the the we did honor our obligations to call in.

It's just the way the tows were being made was not proper.

It's not maybe that's just lawyer semantics on my part, ma'am, but um fairly I believe that's not the same mistake, and I think that even uh the officer would acknowledge it was not an identical mistake.

Uh should they be making any mistakes?

Well, no.

Do humans yes, and when they then take steps to try and correct it, uh I just think that should be taken into account with all due respect.

Do you mind telling the board um what uh procedures or policies have been put in place so that we know that there has been something to uh I guess catch that if that happens again?

Yes, and uh so I was uh have spoken with Carissa uh who works in the office, and um what we have put in place is a system where now when the office becomes aware that a non-consensual tow has been made.

So the way that it used to be is when payroll was done, they would check and make sure that all the boxes were checked on payroll before the driver could be paid for that particular tow.

So it's not kind of a at the same time deal.

Um it waits until payroll was being made.

What Carissa and I have worked on is putting into place a system where as soon as the office finds out that a non-consensual tow has been made, they will immediately verify that that has been that consent has been taken care of.

Instead of waiting until the payroll issue is resolved, they'll go ahead and deal with it immediately.

And that was part of what I talked with them about.

It's like you have to put something in place, you have to put a redundancy in place.

And um so in essence, we're talking it may if the driver, if if a driver happens to do this again, then it may be at the most nine hours before they can verify it.

Yeah, if it's the next morning or the next it been well, I guess if it happened, so when it would be reported into the office, let's say if it was done Friday night, it might be Monday morning before the office opened up to check and make sure, but it would be done within that absolutely you you've you've got the idea that when when the business opens back up, there will be some verification when that is reported or reviewed within the business office that it was complied with.

And I've explained to him that that redundancy is necessary because this just it just can't happen again.

I mean, it's pretty clear in the guideline or the ordinance that it's not permitted.

Are we within our rights to um issue just a warning?

Oh how is it would that go?

Um I mean I have not idea what he's saying.

Oh, I'm sorry.

Speaking the I'm sorry, I was speaking when I was speaking.

I'm not in a transit by to know what's been said.

When I was speaking to the attorney, I asked, are the is the board within our right to um issue a warning um on this offense, or what what is the guidelines as far as this goes?

Um under the ordinance, if this is considered a first uh violation, um the maximum uh penalty would be a 30-day suspension from the call rotation.

This is considered a second violation of the ordinance.

Uh the maximum is a six six-month um suspension from the call rotation, but there is no required minimum uh penalty for for a violation.

Okay.

Does anyone on the board have anything to add?

No.

Um just speaking, I believe that uh Mr.

Black and his company has taken the immediate.

This is just me speaking personally, has taken immediate steps to uh rectify the situation with the termination of the employee with um the retraining and the fact that uh they have a process in place to um catch if this happens again.

Um I can't remember.

Am I within my rights to make a recommendation and for the board to vote on?

Because I am okay.

I would like to recommend that uh American tone recovery is issued a warning on this offense, which would be considered their first time under uh notification or violation of appearance before excuse me under this first offense.

Do I have a second to that motion?

Second.

All in favor say aye.

Aye.

Opposed motion carries.

Thank you very much.

Appreciate y'all hearing me out.

Maybe we'd be excused.

Thank you, sir.

Thank you, board.

Is there anyone in the audience with do new uh business for the board?

Mr.

Easter.

New business Jonathan Easter Nuga Taxi.

Um, I believe on the agenda for the board meeting before the one where we had to uh not have a meeting because there wasn't enough members, and then uh I believe uh we were due to discuss the recommendation that I had for the rate increases.

Yes.

Or uh at least uh a view of what was being done everywhere else.

I don't know.

That should still be on the agenda technically, and also on old business forward slash new business, I guess, is the um the outcome of the lawsuit between Mercury Mercury.

I believe there's been an outcome, and anything that was on the agenda for that should be brought back up, I would believe to because we have a public hearing that's still on hold as well.

But for today, I know that it should be on the agenda to do to kind of view because everybody got emailed the documents or the the two little PDF files that I made of the rates.

Yes.

So I don't know if if y'all would like to discuss that, I'm good with it.

The other stuff can be passed on to the next meeting for re for I guess refreshing of what's going on.

What I know that you were in discussion with um councilman Elliott and uh Chris Anderson from the mayor's office.

How is that discussion progressing?

Uh waiting on an answer back.

I've reached out numerous times, no answer back.

Um, but I know that you guys were gonna do a kind of a fresh recommendation to the city council, and I don't know again.

I I believe most everybody's looked at it.

I don't know if you've gotten to look at those two PDF files.

So I don't know if that's something that you guys are gonna want to briefly discuss real quick.

It's nothing major, it's more so just a recommendation.

Just a recommendation, which was what was on the agenda for and the time was given so that well, you guys had time to look at the PDF files and all that.

Not uh a major issue, but did anyone not get the email from the board?

All right, not mine.

Did you how do you how do the board feel about the making a recommendation?

Does someone want to make the recommendation?

I'll make the recommendation for to send a city council for the uh taxi rate increase.

Do we have a second?

I'll second it.

All in favor say aye.

Aye.

Opposed motion carries.

Thank you, appreciate that.

And I will uh and the reason why I kind of wanted that was more so when I I want to I haven't gone this route.

I haven't gone to the open, I'm not sure exactly the formal word for that meaning I call it open mic night because anybody can go in here and just kind of do what they want.

I'm not gonna bring a ukulele like uh other people have done, but uh definitely go in there and hopefully with the support of the board, support of Chris Anderson, which seemed to be in support of it, and um city councilman Ron Elliott as well was in support of it.

I think he kind of hit a roadblock with trying to get the rest of the cab companies in one room.

I think is the roadblock, so uh which things that are pending as well based on the lawsuit would help alleviate that issue as well.

Okay, the board hasn't received any word on the lawsuit.

That that was news to us.

Yeah, I think they're I think their court here the court was this is only what I've heard, of course, needs to be verified at all, but it was on the 19th of November.

No, 19th of December, I think it was, but from what I hear they didn't rule in Mr.

Boston's favor.

So however that works.

We'll wait for guidance on on that.

Thank you.

Yeah, yeah, yeah.

No problem.

But I appreciate it.

Thank you.

I have a problem.

I um I also know that we spoke in October about uh when we increased the um taxi rate, excuse me, the uh toll rate that come January we were going to increase it again three percent.

Is the board ready to vote on that?

Do we have a uh do we have a motion to increase the taxi?

I mean, excuse me, the toll rate three percent for cost of living for January 2026.

Don't we make a recommendation to the city council?

We make a recommendation.

So the motion would be to make a recommendation to city council.

I'll make that motion.

All right, do we have a second?

I'll second that motion.

All in favor say aye.

Aye.

Aye.

Opposed motion carries, Mr.

Chairman.

I have a question.

Yes, sir.

Uh, do we have an open case related to that?

Um the dispute between those two companies.

We do.

We have it on hold until we receive uh something legal back from the court system.

We haven't received anything.

Yeah.

I I don't know if what sort of oral rulings have been made, but uh a written order has not been entered in that case.

Is that in sessions court or circuit or uh circuit circuit?

I mean, I would assume we're not there's no certificate of service that's gonna send anything to us, right?

Probably not.

I I was just looking on the court's website to see what's been filed.

Yeah, until that we can't um because the dispute kind of really went into what we can and can't do, and so we didn't want to be premature because I know you kind of joined late in the middle of that yeah, yeah.

Can we add it back to the agenda for next month's meeting just to make sure that we don't forget about it?

Mrs.

Lawrence, would you mind doing that, please?

I guess I can make that motion if I need to.

Uh do we have a second to that motion to add Mercury CAV versus Mercury uh transportation to the agenda for February 2026?

I'll second it.

All in favor say aye.

Aye.

Opposed motion carries.

Do we have any other open cases?

No, I think that's the only one.

That's just my call.

Is there anyone else in the audience here to speak to the board?

Yeah, it's Mark Shacklet, Chakra Torn and Recovery.

Just uh we need to swear here on me and mail more no.

Do we need to swear Mr.

Shockworth in?

I'll try not to tell anything but the truth, but I'll swear in.

Uh I mean he's not addressing a case, but uh, I'll just have a question for the city attorney's office.

It was my understanding from Chris Anderson and tomato's office that the January 1 physical 3% that you guys have elected to send a city council.

It was my understanding that it that would be handled by the city attorney's office, and that recommendation would have to come from the city attorney's.

Is that right or am I out in the weeds?

He told me there was a process in place that was gonna a process that was gonna be in place and that it would be handled with the city attorney's office to get it officially entered into the legislative session, I guess, with with the um he he may be wanting us to to draft up the ordinance or something on those lines.

Uh but yeah, we can I'll talk to him to to get the the numbers and we can we can get that done.

Yeah, I think the federal inflation calculation comes from the prior month's data.

So um, you know, uh I think the board, if they submitted something to council, uh it might get lost in the weeds if you guys track it, then maybe have a better process here.

Sure.

Thank you very much.

All right we have anyone else in the audience.

All right do we have a motion to adjourn?

Make that motion.

Second all in favor meeting is adjourned