by Casey Parks, The Oregonian
Ken Johnson was fed up. The complaint calls kept coming in. In apartment complexes and mobile-home parks across Fairview, the city's police chief says, tow truck drivers were acting like predators.
"They were always watching," Johnson says. "They staked out, waiting for people to do something even slightly wrong."
Tow drivers say they're following apartment owners' orders, but Johnson says the complaints were increasingly "ludicrous."
Last month, the city passed an ordinance, effective Jan. 2, prohibiting tow truck drivers from patrolling private parking facilities. Violations will cost truck drivers $500 for a first offense and $1,000 for each additional offense.
"I absolutely hate the word predatory," Retriever Towing owner Gary Coe says. "It is patrol towing, and we only patrol those properties that we are requested to. It's easy for whoever got towed to say it's predatory. It's not. They parked where they're not supposed to. We have proof in pictures. But we're in an era where no one wants to accept responsibility for their errors."
The tense relationship between tow companies and police officers came to light earlier this month after a tow truck driver in Wilsonville insisted that a domestic violence victim pay a drop fee to get her car back. The woman had left the car with the flashers on to seek help. Not even a Clackamas County sheriff deputy could persuade the driver to release the car.
After fielding 600 complaints, Retriever refunded the money.
But Fairview police say they've been receiving countless complaints about towing companies this year. Handicapped women phoned in, saying they were towed while attempting to take groceries inside their homes. Cars parked just over a line were snatched up within minutes, Johnson says.
And then a man, angry his car was being towed, threatened a tow truck driver with a shotgun.
"That's when I knew if we didn't step in and do something, it was going to escalate even further," Johnson says.
He says not all of those towed are victims. And the shotgun-toting man was arrested. But police say the towing companies had gotten out of hand.
"If they had used common sense, looked for things to protect health and safety, we wouldn't have had to do this," Johnson said, pointing to a picture of a car whose tire just barely touched a parking line. "That's not health and safety. And the only way we're going to stop it is to regulate it."
City councilors considered instituting larger fees — up to $10,000 — but ultimately decided to see whether the smaller fines will change the situation. If complaints don't drop, Johnson says the city will consider increasing fees or even criminal charges.
Coe says his company still has not been notified of the new rules, but he thinks the restrictions may be illegal.
Instead of generating tows by patrolling, Johnson says property owners must now call a company and report violations. A similar Portland law allows property owners to contract with drivers to patrol. Fairview's doesn't.
"Department managers don't want to be out there patrolling the lot every few hours to make sure their fire lanes or clear or the garbage trucks are available," Coe said. "Once we tell the property owners that we can't provide that service, I think they're going to come unglued."
--Casey Parks; caseyparks@news.oregonian.com
NEWS SOURCE
Friday 26 December 2008
Licensees under zoning scrutiny
By Karen Trainor CORRESPONDENT
BROOKFIELD— Businesses in town applying or renewing a Class II license will now be subject to a zoning inspection.
On Tuesday, selectmen voted to have the zoning enforcement officer, police chief, Board of Health and other town officials check the properties of Class II licensees and report to selectmen by March 15.
Selectman Rudolf Heller proposed the inspections after voicing concern about zoning violations.
“Noncompliance with town bylaws is contagious,” Mr. Heller said, adding, “I see a creeping (in) of unpermitted activities around town.”
Selectmen last week postponed acting on a Class II license renewal request for Mundell Sales on Fiskdale Road, pending a check on possible zoning violations.
Mr. Heller said Tuesday that Zoning Enforcement Officer Gary Simeone reported Mundell Sales is not in compliance with zoning bylaws. He cited violations of storing more than one inoperable motor vehicle on site, as well as open-air storage of salvage materials or junk. Selectmen did, however, approve the Class II license for Mundell Sales in their Tuesday meeting. They also voted in the new inspection process for all Class II licensee holders.
Selectmen said violations reported to their board by the March 15 deadline will be forwarded to each licensee.
“We will then decide what action will be taken, either immediately or next year, when the license comes up for renewal,” said James W. Allen, chairman of selectmen.
In other business, selectmen said they will recommend the town Safety Committee approve a stop sign be erected at the intersection of Long Hill and Martin roads.
According to Police Chief Ross B. Ackerman, there are now more than a dozen homes in that area and traffic has more than tripled.
NEWS SOURCE
BROOKFIELD— Businesses in town applying or renewing a Class II license will now be subject to a zoning inspection.
On Tuesday, selectmen voted to have the zoning enforcement officer, police chief, Board of Health and other town officials check the properties of Class II licensees and report to selectmen by March 15.
Selectman Rudolf Heller proposed the inspections after voicing concern about zoning violations.
“Noncompliance with town bylaws is contagious,” Mr. Heller said, adding, “I see a creeping (in) of unpermitted activities around town.”
Selectmen last week postponed acting on a Class II license renewal request for Mundell Sales on Fiskdale Road, pending a check on possible zoning violations.
Mr. Heller said Tuesday that Zoning Enforcement Officer Gary Simeone reported Mundell Sales is not in compliance with zoning bylaws. He cited violations of storing more than one inoperable motor vehicle on site, as well as open-air storage of salvage materials or junk. Selectmen did, however, approve the Class II license for Mundell Sales in their Tuesday meeting. They also voted in the new inspection process for all Class II licensee holders.
Selectmen said violations reported to their board by the March 15 deadline will be forwarded to each licensee.
“We will then decide what action will be taken, either immediately or next year, when the license comes up for renewal,” said James W. Allen, chairman of selectmen.
In other business, selectmen said they will recommend the town Safety Committee approve a stop sign be erected at the intersection of Long Hill and Martin roads.
According to Police Chief Ross B. Ackerman, there are now more than a dozen homes in that area and traffic has more than tripled.
NEWS SOURCE
Tuesday 23 December 2008
Tow Truck Companies Making Money With Bad Weather
By Michelle Costa, Local News 8 Reporter
Monday morning, people in the Gate City awoke to lots of snow, the most we've received yet.
With the snow being deep and still falling in our area, some businesses are profiting, like tow truck companies.
Shoveling, plowing and towing.
With lots of snow accumulating in Pocatello, some people, like Best Towing's Mike Dixon are welcoming it, starting work early this morning.
"It's been really busy. It started about 5 o'clock this morning. The more snow, the busier we are. We try to respond as quickly as we can and get the people off the road and moving again because being a sitting duck is just not a good thing," said Mike Dixon, Owner, Best Towing.
Jim Willson, the owner of Custom Towing, is busy as well.
"All the snow we got this morning, it's been great for us, great for snow plowers, drivers it hasn't been too good," said Jim Willson, Owner, Custom Towing.
Tow truckers have seen their share of accidents and slide-offs. Their advice is to slow down.
"Mostly speed is the factor. Running off the roads. I mean, if you just slow down, that makes a big difference," said Dixon.
"The snow is pretty deep so really if you don't have a four wheel drive, the bottom of the cars are dragging so they get stuck pretty easy," said Willson.
Despite getting stuck in big snowdrifts or icy conditions, most people have been waiting for the white stuff and finally feel like it's time for the holidays.
"I like it because you can go play in it with my dog and stuff," said Mitchell Guiberson, Loving the snow.
"It's great," said Adam Tucker, Pocatello.
"I've been hoping for this because it's been pretty slim and skiing has been pretty pathetic," said Richard Antill, Pocatello.
"I think it's wonderful. It's time for snow. It's the holiday season," said Ron Johnson, Chubbuck.
The tow truck companies are expecting a lot more snow this winter.
On average, the price of a towe is about $75 to $100.
Mayor Chase is urging people to be prepared and cautious. The Mayor reminds people to drive defensively and keep sidewalks around your property clear of ice and snow.
NEWS SOURCE
Monday morning, people in the Gate City awoke to lots of snow, the most we've received yet.
With the snow being deep and still falling in our area, some businesses are profiting, like tow truck companies.
Shoveling, plowing and towing.
With lots of snow accumulating in Pocatello, some people, like Best Towing's Mike Dixon are welcoming it, starting work early this morning.
"It's been really busy. It started about 5 o'clock this morning. The more snow, the busier we are. We try to respond as quickly as we can and get the people off the road and moving again because being a sitting duck is just not a good thing," said Mike Dixon, Owner, Best Towing.
Jim Willson, the owner of Custom Towing, is busy as well.
"All the snow we got this morning, it's been great for us, great for snow plowers, drivers it hasn't been too good," said Jim Willson, Owner, Custom Towing.
Tow truckers have seen their share of accidents and slide-offs. Their advice is to slow down.
"Mostly speed is the factor. Running off the roads. I mean, if you just slow down, that makes a big difference," said Dixon.
"The snow is pretty deep so really if you don't have a four wheel drive, the bottom of the cars are dragging so they get stuck pretty easy," said Willson.
Despite getting stuck in big snowdrifts or icy conditions, most people have been waiting for the white stuff and finally feel like it's time for the holidays.
"I like it because you can go play in it with my dog and stuff," said Mitchell Guiberson, Loving the snow.
"It's great," said Adam Tucker, Pocatello.
"I've been hoping for this because it's been pretty slim and skiing has been pretty pathetic," said Richard Antill, Pocatello.
"I think it's wonderful. It's time for snow. It's the holiday season," said Ron Johnson, Chubbuck.
The tow truck companies are expecting a lot more snow this winter.
On average, the price of a towe is about $75 to $100.
Mayor Chase is urging people to be prepared and cautious. The Mayor reminds people to drive defensively and keep sidewalks around your property clear of ice and snow.
NEWS SOURCE
Tow trucks rescue charter buses dangling over I-5
By KOMO Staff & News Services
SEATTLE - Tow trucks pulled back to safety two charter buses that crashed while sliding down a slippery hill in Seattle.
Approximately 80 passengers were aboard the two buses, which crashed through a metal railing and screeched to a stop seconds before toppling onto the freeway below. One of the buses hung precariously over a 30-foot wall beside Interstate 5 for hours.
The bizarre accident happened at about 12:30 p.m. as the buses nosed down a hill on East Thomas Street approaching Melrose Avenue East on Capitol Hill.
According to reports from the scene, the buses headed down the residential street after learning Denny Way was closed to traffic.
Passengers on the first bus say they shouted warnings as the driver made the turn.
"I'm right by the driver and he turns on this road that's too steep, and everyone is saying, 'don't go down. That road it's too steep. There's fish-tail tracks,"' said Tamera Vasquez. "And he still goes down, straight down."
"And we are like sliding down the hill, people are like 'whoaa...' People can see it coming. Next thing we know we slammed into the guard rail," said Stephanie Jackson.
By the time the first bus stopped, its front end and front wheels were dangling suspended about 30 feet above the freeway.
"We hit it and everyone is in shock for a minute, and he (the driver) says 'go to the back of the bus.' And people threw each other out the windows," said Vasquez.
In the seconds that followed, people in the first bus got out anyway they could. And unbelievably, the bus deriver tried to back off the rail in the chaos.
"When I jumped out the window, I saw that the wheels were spinning backwards as if the bus driver was trying to back up, as people were trying to jump out," said Talkeetna Setuckmarie.
And just as people began to flee, another bus came sliding down the road.
"He kind of wheeled it to the left a little bit, then the corner of the bus hit the other bus," said Zachary Blackburn.
"All I saw was the bus getting ready to hit the other side, people where just ducking down and screaming and hollering and just really scared," Nicole Maxie.
"We went over and we almost went off the edge," Blackburn said.
"Pretty thankful that we didn't fly over. I didn't think I was going to make it at first, I (thought the bus) was just going to tip. I'm pretty, pretty thankful," said Dean Short.
Both buses slid across Melrose Avenue, which borders a wall above northbound I-5, and kept going through a metal barrier at the top of the wall.
Shauna Freidenberger, who works near by, said she and her co-workers "heard this huge crash."
She ran outside to see what was happening and couldn't believe her eyes.
"We heard people screaming ... and so we ran down and we saw these kids trying to get out these emergency windows (of the buses)," she told KOMO News. "They were like falling out and holding on, almost tumbling out like in a huge wave."
"A foot more and it could have easily gone over," she said. "It was pretty intense and people were crying."
She said some of the passengers came out of the emergency windows head first or on their backs in their hurry to get off the dangling bus.
Friedenberger said residents of the neighborhood rushed over to help pull the passengers off the bus.
The buses, operated by Northwestern Trailways, reportedly were carrying students involved in the Columbia Basin Job Corps program based in Moses Lake, Wash. The passengers were on their way to the bus station for transport home.
Seattle Fire Department spokeswoman Helen Fitzpatrick says 11 young adults were taken to Harborview Medical Center with minor injuries from debris and flying glass. Another two, also with minor injuries, did not want to go to the hospital.
A third charter bus with the group did not go down the hill after witnesses at the scene ran out and warned the driver to stop, and its passengers were all safe.
Witnesses said the third bus probably would have pushed the first one over the wall if it had come down the hill and lost control, as the first two did.
The bus drivers have not been cited.
NEWS SOURCE
Thieves swipe copper cable from South Service Road scrapyard
By Crime Stoppers of Halton
News
Halton police are turning to the public for help to solve another metal theft — 1,000 feet of copper cable in the latest case.
A Burlington investigator said metal thefts are an ongoing issue.
“It’s one of those things that has happened as long as I can remember,” said Det.-Sgt. Walt Bucci. “It has been a long-time problem. It happens throughout the year.”
In an October theft still under investigation, thieves using a forklift stole more than $100,000 worth of copper from Tallman Bronze Co. Ltd. at 2220 Industrial St.
Scrap copper prices range from 10 cents to $1.55 per pound.
The latest incident occurred sometime overnight on Friday, Dec. 5 at C & M McNally Engineering’s scrapyard and materials lot at 4405 South Service Rd.
Police say the suspect or suspects forced their way into the fenced compound, entered an open steel storage shed and stole various materials.
Items taken include 6/4 S00W copper cable, T90 MCM350-37 wire, 1/0-1C BC welding cable and stingers and ground clamps. The total loss is estimated at $6,000.
Anyone with information about the incident is asked to call police at 905-634-1831 or Crime Stoppers of Halton at 1-800-222-TIPS (1-800-222-8477). They can also visit www.haltoncrimestoppers.com .
Crime Stoppers does not subscribe to call display and those providing tips never have to give their names or testify in court.
Anyone with information leading to an arrest in this or any other matter may be eligible for a cash reward.
NEWS SOURCE
News
Halton police are turning to the public for help to solve another metal theft — 1,000 feet of copper cable in the latest case.
A Burlington investigator said metal thefts are an ongoing issue.
“It’s one of those things that has happened as long as I can remember,” said Det.-Sgt. Walt Bucci. “It has been a long-time problem. It happens throughout the year.”
In an October theft still under investigation, thieves using a forklift stole more than $100,000 worth of copper from Tallman Bronze Co. Ltd. at 2220 Industrial St.
Scrap copper prices range from 10 cents to $1.55 per pound.
The latest incident occurred sometime overnight on Friday, Dec. 5 at C & M McNally Engineering’s scrapyard and materials lot at 4405 South Service Rd.
Police say the suspect or suspects forced their way into the fenced compound, entered an open steel storage shed and stole various materials.
Items taken include 6/4 S00W copper cable, T90 MCM350-37 wire, 1/0-1C BC welding cable and stingers and ground clamps. The total loss is estimated at $6,000.
Anyone with information about the incident is asked to call police at 905-634-1831 or Crime Stoppers of Halton at 1-800-222-TIPS (1-800-222-8477). They can also visit www.haltoncrimestoppers.com .
Crime Stoppers does not subscribe to call display and those providing tips never have to give their names or testify in court.
Anyone with information leading to an arrest in this or any other matter may be eligible for a cash reward.
NEWS SOURCE
Easy to steal, pricey to replace
In minutes, thieves can remove a vehicle's catalytic converter, then make up to $200 by selling the part to a scrap yard.
By Katya Yefimova and Diana Hefley
Herald Writers
TULALIP -- A 20-minute trip to the mall last month could have cost Jim Palm $3,000.
Thieves got under Palm's Toyota 4Runner, cut through the exhaust system and stole the catalytic converter. The truck was parked in the Seattle Premium Outlets parking lot.
It took Palm a couple of minutes to realize something was wrong with his vehicle.
"I heard this really loud noise and thought: 'Gee, someone next to me needs to get their muffler fixed,' " the 55-year-old Seattle man said.
Catalytic converters are built into all modern cars to reduce emissions from vehicle exhaust. It's illegal and dangerous to drive without one. The fuel tank can explode because hot exhaust blows out through the cut pipes.
Fortunately for Palm, his insurance company picked up most of the bill to replace the part. But he wondered why anyone would want to steal part of the exhaust system.
A thief can cut out the car part in about three minutes and make up to $200.
Inside the catalytic converter is a solid block covered with precious metals, including platinum, palladium and rhodium.
Although metal prices have fallen since last year, platinum is currently worth $812 per ounce, palladium sells for about $181 per ounce and rhodium for $1,175.
Scrap yards pay anywhere from $20 to $200 per catalytic converter, said Scott Wagner, a regional agent with the National Insurance Crime Bureau.
The bureau tackles insurance crimes together with insurance companies and law enforcement agencies.
Catalytic converter thefts surfaced for the first time around 2006, when the bureau received 11 reports from across the country, Wagner said.
There were 69 reports in 2007, and the number spiked to 1,388 in just the first six months of 2008, Wagner said.
The crime has worked its way into Snohomish County, as well, Snohomish County sheriff's spokeswoman Rebecca Hover said.
"It's become more prominent as a crime. We are not immune to it in Snohomish County," she said.
The Snohomish County Prosecutor's Office recognized the growing trend and assigned a deputy prosecutor to work with police to pursue cases involving catalytic converter thefts.
Detectives have noted a decline in these thefts over the past few months, Everett Police Sgt. Robert Goetz said.
"The reason for this is twofold," he said. "The first is our efforts with scrap metal recyclers to ensure their compliance with existing law and to provide them with tips on how to spot stolen metals, including catalytic converters. Another reason could be the fall in precious metal cost."
Generally, the people who steal the valuable car parts appear to have lengthy criminal histories, Snohomish County deputy prosecutor Mark Bridges said.
"The defendant who takes a catalytic converter is different from a shoplifter," he said.
Prosecutors are seeking stiffer sanctions for catalytic converter thieves, including filing felony theft or malicious mischief charges. A key part of the penalty is making sure thieves are placed on community supervision. They also are being banned from entering metal recycling businesses.
"The trend of copper thefts caught us off guard. We didn't want catalytic converter thefts to do the same thing," Bridges said. "We've done a good job staying ahead of this one."
Still, thieves continue to go after the devices because they are easy to steal.
Thieves tend to use a battery-operated cutting tool, and it can take as little as 10 seconds to get the job done, Hover said.
Wagner of the insurance crime bureau said trucks and sport utility vehicles are targeted more because they are easier to slip beneath.
Fortunately, the crime is often covered under partial vehicle theft, and most insurance companies will pay for replacement, Wagner said.
"It's a new nationwide trend that's getting worse," Wagner said. "It's going to take a year or two to start catching these guys."
Washington law enforcement agencies are figuring out how to accomplish that.
King County Sheriff's Sgt. John Urquhart said the sheriff's office is taking steps to prevent these thefts.
"There appears to be more of them in 2008 than before," he said. "Apparently, more crooks are figuring out that it's a way to make money."
Most catalytic converter thefts in King County occur at park-and-ride lots.
Wagner said people should take steps to protect their cars. That includes parking in well-lit areas, adding motion detection to your car alarm, and etching personal information onto catalytic converter.
Palm definitely will avoid parking his car on the street if he can help it.
"It irritated me very much, but it's like so many things in our society," he said. "You fix it, and you deal with it."
Reporter Katya Yefimova: 425-339-3452 or kyefimova@heraldnet.com.
NEWS SOURCE
By Katya Yefimova and Diana Hefley
Herald Writers
TULALIP -- A 20-minute trip to the mall last month could have cost Jim Palm $3,000.
Thieves got under Palm's Toyota 4Runner, cut through the exhaust system and stole the catalytic converter. The truck was parked in the Seattle Premium Outlets parking lot.
It took Palm a couple of minutes to realize something was wrong with his vehicle.
"I heard this really loud noise and thought: 'Gee, someone next to me needs to get their muffler fixed,' " the 55-year-old Seattle man said.
Catalytic converters are built into all modern cars to reduce emissions from vehicle exhaust. It's illegal and dangerous to drive without one. The fuel tank can explode because hot exhaust blows out through the cut pipes.
Fortunately for Palm, his insurance company picked up most of the bill to replace the part. But he wondered why anyone would want to steal part of the exhaust system.
A thief can cut out the car part in about three minutes and make up to $200.
Inside the catalytic converter is a solid block covered with precious metals, including platinum, palladium and rhodium.
Although metal prices have fallen since last year, platinum is currently worth $812 per ounce, palladium sells for about $181 per ounce and rhodium for $1,175.
Scrap yards pay anywhere from $20 to $200 per catalytic converter, said Scott Wagner, a regional agent with the National Insurance Crime Bureau.
The bureau tackles insurance crimes together with insurance companies and law enforcement agencies.
Catalytic converter thefts surfaced for the first time around 2006, when the bureau received 11 reports from across the country, Wagner said.
There were 69 reports in 2007, and the number spiked to 1,388 in just the first six months of 2008, Wagner said.
The crime has worked its way into Snohomish County, as well, Snohomish County sheriff's spokeswoman Rebecca Hover said.
"It's become more prominent as a crime. We are not immune to it in Snohomish County," she said.
The Snohomish County Prosecutor's Office recognized the growing trend and assigned a deputy prosecutor to work with police to pursue cases involving catalytic converter thefts.
Detectives have noted a decline in these thefts over the past few months, Everett Police Sgt. Robert Goetz said.
"The reason for this is twofold," he said. "The first is our efforts with scrap metal recyclers to ensure their compliance with existing law and to provide them with tips on how to spot stolen metals, including catalytic converters. Another reason could be the fall in precious metal cost."
Generally, the people who steal the valuable car parts appear to have lengthy criminal histories, Snohomish County deputy prosecutor Mark Bridges said.
"The defendant who takes a catalytic converter is different from a shoplifter," he said.
Prosecutors are seeking stiffer sanctions for catalytic converter thieves, including filing felony theft or malicious mischief charges. A key part of the penalty is making sure thieves are placed on community supervision. They also are being banned from entering metal recycling businesses.
"The trend of copper thefts caught us off guard. We didn't want catalytic converter thefts to do the same thing," Bridges said. "We've done a good job staying ahead of this one."
Still, thieves continue to go after the devices because they are easy to steal.
Thieves tend to use a battery-operated cutting tool, and it can take as little as 10 seconds to get the job done, Hover said.
Wagner of the insurance crime bureau said trucks and sport utility vehicles are targeted more because they are easier to slip beneath.
Fortunately, the crime is often covered under partial vehicle theft, and most insurance companies will pay for replacement, Wagner said.
"It's a new nationwide trend that's getting worse," Wagner said. "It's going to take a year or two to start catching these guys."
Washington law enforcement agencies are figuring out how to accomplish that.
King County Sheriff's Sgt. John Urquhart said the sheriff's office is taking steps to prevent these thefts.
"There appears to be more of them in 2008 than before," he said. "Apparently, more crooks are figuring out that it's a way to make money."
Most catalytic converter thefts in King County occur at park-and-ride lots.
Wagner said people should take steps to protect their cars. That includes parking in well-lit areas, adding motion detection to your car alarm, and etching personal information onto catalytic converter.
Palm definitely will avoid parking his car on the street if he can help it.
"It irritated me very much, but it's like so many things in our society," he said. "You fix it, and you deal with it."
Reporter Katya Yefimova: 425-339-3452 or kyefimova@heraldnet.com.
NEWS SOURCE
Two councils, one big question: Who runs Magna?
Township tiff » Dual panels can lead to dueling policies.
By Jeremiah Stettler
The Salt Lake Tribune
Magna » One town. Two councils -- each claiming to be its voice.
These governing boards have become the straitlaced father and protective mother of this former mining town, overseeing the same geographic area, conferring with the same Salt Lake County officials and enjoying similar privileges to review development proposals.
But one is bound by statute, Roberts' Rules of Order and democratic elections. The other is concerned less with procedure than with passion for restoring Magna to its decades-ago status when Main Street sizzled with shopping and entertainment. Its meetings are conversational. Its board members come mostly through appointment and longevity, not by popular vote.
And while the county devotes attention and deference to both groups, one is official and the other is not.
This is Magna, population 25,000, where governance is shared by a democratically elected town council and a privately run community council, dating to the late 1920s. It's an odd couple in which both partners (which act as advisory boards to the county) somehow have remained equal players after more than two decades of operating in the same town.
The two councils, officials insist, mostly see eye to eye. But what happens when they don't -- as they did earlier this month over whether a junkyard belongs in a manufacturing zone across the street from a residential area?
Which body, then, speaks for Magna?
"Frankly, we tend to listen to them both," Salt Lake County Councilman Randy Horiuchi says.
That duality of government has proven perplexing -- and sometimes frustrating -- for residents of this west-side suburb who find their community directed by an elected board and also by a coalition of longtime business and civic leaders (some of whom no longer live in Magna).
Nowhere is that confusion more pronounced than in planning and zoning matters in which developers traditionally present their proposals to both councils.
The county perpetuates these parallel panels, sending staffers to both and offering each an equal voice on planning recommendations -- a de facto recognition of the community council that the Magna Times last week criticized as a violation of the "basic principles of representative government" and an impediment to the township's planning and zoning process.
But it wasn't always that way.
Seeing double » The community council emerged in the late 1920s as a volunteer coalition of business, industrial and civic leaders.
With the financial backing of the then-Utah Copper Co. (now Kennecott), it replaced Main Street's wooden sidewalks with concrete ones, introduced the community's first street-numbering system and helped build Cyprus High's swimming pool and a senior center.
But the community grew increasingly apart after World War II as tensions appeared between Magna's older west side and the newer east side.
Finally, in the 1980s, a fracture surfaced that ultimately would cleave community leadership in two. The division was no better defined than in the debate over building a Magna library.
Residents wrestled with two options: Construct a library on Magna's historic main drag or expand its existing location in the newer Arbor Park shopping center to the southeast. The council favored Main Street. An east-side opposition group lobbied for Arbor Park, where it stands today (although a new one now is planned for Main).
The duel wasn't just about books. It was about old versus new. It was about representation on Magna's largely unelected community council.
As the library squabble simmered, a broader campaign began for an all-elected town board. That movement gained traction in early June 1987, when the community council expelled three members for advocating the new panel. During an animated town-hall meeting days later, about 75 residents stormed out and declared in an impromptu parking-lot rally that they would pursue a democratic board, according to Salt Lake Tribune archives.
And so it happened. While the two councils have grown considerably more congenial and collaborative since then, distinct perspectives on how to govern Magna remain, as illustrated by the tale of one man, Donnie Sweazey.
Law or long-term vision? » Tugging open a chain-link gate on the western edge of Magna, Sweazey gestures to his guests to enter what he describes as a "refuge for endangered automobiles."
It's a wrecking yard, really, with broken-down Mustangs, Blazers and Camaros covered in a powdery layer of snow. The engines still turn over on some of them. Others are salvaged for parts.
Sweazey pauses near a 1939 Dodge -- a long-retired Salt Lake City dogcatcher truck with faded flames now running along the side panels. He lifts the hood.
"This took a Camaro to build," he boasts, rattling off improvements such as power brakes, power steering and independent suspension.
But Sweazey needs a place to keep his stockyard -- a spot he believes he has found on 9200 West in a manufacturing zone across the street from homes.
Legally, Sweazey can operate an impound lot on the property. But he wants a junkyard that would allow him to keep unlicensed autos on-site. For that, he needs a conditional-use permit.
The straitlaced town council recommended approving the junkyard. "As long as Mr. Sweazey is in compliance [with the law]," Councilman Mel Palfreyman says, "he should be given the right to do whatever he wants to do."
And the community council vigorously rejected it as unfitting for Magna's long-term future. "We disapproved it," Community Council President Dan Peay explains, "not because legally he couldn't do it, but because the council felt it was inappropriate for the community."
Sweazey is left in the middle with two influential councils arguing opposing cases to the Magna Township Planning Commission, which hears and recommends planning and zoning changes to the county.
And so the duality of government continues in this town -- a condition that some county and township officials believe has provided the community a broader, more inclusive, approach to policymaking.
"I don't think the system is broken." Horiuchi says. "As a decision maker, [by] listening to both of them, you get a fresh perspective."
Others disagree, arguing the two councils create unnecessary confusion and inconvenience, particularly for developers seeking to satisfy both.
Magna » One town. Two councils -- each claiming to be its voice.
These governing boards have become the straitlaced father and protective mother of this former mining town, overseeing the same geographic area, conferring with the same Salt Lake County officials and enjoying similar privileges to review development proposals.
But one is bound by statute, Roberts' Rules of Order and democratic elections. The other is concerned less with procedure than with passion for restoring Magna to its decades-ago status when Main Street sizzled with shopping and entertainment. Its meetings are conversational. Its board members come mostly through appointment and longevity, not by popular vote.
And while the county devotes attention and deference to both groups, one is official and the other is not.
This is Magna, population 25,000, where governance is shared by a democratically elected town council and a privately run community council, dating to the late 1920s. It's an odd couple in which both partners (which act as advisory boards to the county) somehow have remained equal players after more than two decades of operating in the same town.
The two councils, officials insist, mostly see eye That's what Sweazey thinks. So does former Community Councilwoman Marlene Norcross, who criticizes the county for its middle-ground approach to the two boards.
"The county's waffling is the real problem," she says. "In my opinion, they are trying to appease, which doesn't work."
But County Mayor Peter Corroon stands behind the current approach. The two-council tradition, he says, "enhances the input we get from the community."
Any plans to change? No.
"We don't want to take sides on who is legitimate or not legitimate," Corroon says. "We think they are both legitimate organizations."
jstettler@sltrib.com
NEWS SOURCE
By Jeremiah Stettler
The Salt Lake Tribune
Magna » One town. Two councils -- each claiming to be its voice.
These governing boards have become the straitlaced father and protective mother of this former mining town, overseeing the same geographic area, conferring with the same Salt Lake County officials and enjoying similar privileges to review development proposals.
But one is bound by statute, Roberts' Rules of Order and democratic elections. The other is concerned less with procedure than with passion for restoring Magna to its decades-ago status when Main Street sizzled with shopping and entertainment. Its meetings are conversational. Its board members come mostly through appointment and longevity, not by popular vote.
And while the county devotes attention and deference to both groups, one is official and the other is not.
This is Magna, population 25,000, where governance is shared by a democratically elected town council and a privately run community council, dating to the late 1920s. It's an odd couple in which both partners (which act as advisory boards to the county) somehow have remained equal players after more than two decades of operating in the same town.
The two councils, officials insist, mostly see eye to eye. But what happens when they don't -- as they did earlier this month over whether a junkyard belongs in a manufacturing zone across the street from a residential area?
Which body, then, speaks for Magna?
"Frankly, we tend to listen to them both," Salt Lake County Councilman Randy Horiuchi says.
That duality of government has proven perplexing -- and sometimes frustrating -- for residents of this west-side suburb who find their community directed by an elected board and also by a coalition of longtime business and civic leaders (some of whom no longer live in Magna).
Nowhere is that confusion more pronounced than in planning and zoning matters in which developers traditionally present their proposals to both councils.
The county perpetuates these parallel panels, sending staffers to both and offering each an equal voice on planning recommendations -- a de facto recognition of the community council that the Magna Times last week criticized as a violation of the "basic principles of representative government" and an impediment to the township's planning and zoning process.
But it wasn't always that way.
Seeing double » The community council emerged in the late 1920s as a volunteer coalition of business, industrial and civic leaders.
With the financial backing of the then-Utah Copper Co. (now Kennecott), it replaced Main Street's wooden sidewalks with concrete ones, introduced the community's first street-numbering system and helped build Cyprus High's swimming pool and a senior center.
But the community grew increasingly apart after World War II as tensions appeared between Magna's older west side and the newer east side.
Finally, in the 1980s, a fracture surfaced that ultimately would cleave community leadership in two. The division was no better defined than in the debate over building a Magna library.
Residents wrestled with two options: Construct a library on Magna's historic main drag or expand its existing location in the newer Arbor Park shopping center to the southeast. The council favored Main Street. An east-side opposition group lobbied for Arbor Park, where it stands today (although a new one now is planned for Main).
The duel wasn't just about books. It was about old versus new. It was about representation on Magna's largely unelected community council.
As the library squabble simmered, a broader campaign began for an all-elected town board. That movement gained traction in early June 1987, when the community council expelled three members for advocating the new panel. During an animated town-hall meeting days later, about 75 residents stormed out and declared in an impromptu parking-lot rally that they would pursue a democratic board, according to Salt Lake Tribune archives.
And so it happened. While the two councils have grown considerably more congenial and collaborative since then, distinct perspectives on how to govern Magna remain, as illustrated by the tale of one man, Donnie Sweazey.
Law or long-term vision? » Tugging open a chain-link gate on the western edge of Magna, Sweazey gestures to his guests to enter what he describes as a "refuge for endangered automobiles."
It's a wrecking yard, really, with broken-down Mustangs, Blazers and Camaros covered in a powdery layer of snow. The engines still turn over on some of them. Others are salvaged for parts.
Sweazey pauses near a 1939 Dodge -- a long-retired Salt Lake City dogcatcher truck with faded flames now running along the side panels. He lifts the hood.
"This took a Camaro to build," he boasts, rattling off improvements such as power brakes, power steering and independent suspension.
But Sweazey needs a place to keep his stockyard -- a spot he believes he has found on 9200 West in a manufacturing zone across the street from homes.
Legally, Sweazey can operate an impound lot on the property. But he wants a junkyard that would allow him to keep unlicensed autos on-site. For that, he needs a conditional-use permit.
The straitlaced town council recommended approving the junkyard. "As long as Mr. Sweazey is in compliance [with the law]," Councilman Mel Palfreyman says, "he should be given the right to do whatever he wants to do."
And the community council vigorously rejected it as unfitting for Magna's long-term future. "We disapproved it," Community Council President Dan Peay explains, "not because legally he couldn't do it, but because the council felt it was inappropriate for the community."
Sweazey is left in the middle with two influential councils arguing opposing cases to the Magna Township Planning Commission, which hears and recommends planning and zoning changes to the county.
And so the duality of government continues in this town -- a condition that some county and township officials believe has provided the community a broader, more inclusive, approach to policymaking.
"I don't think the system is broken." Horiuchi says. "As a decision maker, [by] listening to both of them, you get a fresh perspective."
Others disagree, arguing the two councils create unnecessary confusion and inconvenience, particularly for developers seeking to satisfy both.
Magna » One town. Two councils -- each claiming to be its voice.
These governing boards have become the straitlaced father and protective mother of this former mining town, overseeing the same geographic area, conferring with the same Salt Lake County officials and enjoying similar privileges to review development proposals.
But one is bound by statute, Roberts' Rules of Order and democratic elections. The other is concerned less with procedure than with passion for restoring Magna to its decades-ago status when Main Street sizzled with shopping and entertainment. Its meetings are conversational. Its board members come mostly through appointment and longevity, not by popular vote.
And while the county devotes attention and deference to both groups, one is official and the other is not.
This is Magna, population 25,000, where governance is shared by a democratically elected town council and a privately run community council, dating to the late 1920s. It's an odd couple in which both partners (which act as advisory boards to the county) somehow have remained equal players after more than two decades of operating in the same town.
The two councils, officials insist, mostly see eye That's what Sweazey thinks. So does former Community Councilwoman Marlene Norcross, who criticizes the county for its middle-ground approach to the two boards.
"The county's waffling is the real problem," she says. "In my opinion, they are trying to appease, which doesn't work."
But County Mayor Peter Corroon stands behind the current approach. The two-council tradition, he says, "enhances the input we get from the community."
Any plans to change? No.
"We don't want to take sides on who is legitimate or not legitimate," Corroon says. "We think they are both legitimate organizations."
jstettler@sltrib.com
NEWS SOURCE
Sunday 21 December 2008
Party house ordinance OK’d, abandoned vehicles next
By GEORGE LEDBETTER, Record Editor
Party hosts in Chadron take note: Holding a gathering which causes neighbors to complain about noise, or one where teens are sipping beer can now get you a fine.
And people who leave non-functioning vehicles parked on the city streets for weeks on end might want to see if that motor will start after all, as the Chadron City Council debates an ordinance that increases the city’s power to take action against abandoned vehicles.
At Monday’s regular city council meeting, a so-called ‘party house’ ordinance which allows the city to ticket the homeowner or renter who holds a ‘nuisance’ party passed unanimously on third reading. There was no discussion of the matter, which won praise from council members, law enforcement and members of the public during consideration over the past month.
The rule, patterned after ones adopted in other Nebraska college towns, gives police “another tool” to use against underage drinking and disruptive parties, Police Chief Tim Lordino said in earlier hearings. It can be difficult, and sometimes dangerous, for officers to ticket all of the underage drinkers when they are called to large, boisterous parties, Lordino said, so the ordinance targets the person who hosts the event.
When the host of a party is ticketed for an nuisance party offense, the property owner will get a notice, but won’t be cited unless there are repeat violations, Lordino said.
Taking aim at another long-standing problem in the community, the council gave first reading to an ordinance that would impose a $100 fine on first offense for having an ‘abandoned’ vehicle parked on city streets or allies, and give the city authority to tow away an abandoned vehicle if the owner doesn’t remove it promptly.
The ordinance is patterned on ones used in other Nebraska communities, but with an addition that makes it apply to unattended, but licensed, vehicles that can’t be driven because of flat tires or other mechanical problems, said Lordino. It also imposes the same conditions for ATVs, which are now legal for limited use on city streets, and for mini-bikes, he noted.
The section on non-working vehicles was added because of ongoing problems with several vehicles currently on the streets, said Lordino, who showed pictures of four examples, such as a pickup truck with deflated tires and a load of trash in the back. “This is a way we can deal with vehicles like these, that we have dealt with for a year,” he said. “This allows us to put a tag on it if it’s parked in the public right-of-way with the wheels removed...tires deflated or parts removed and it can’t be driven. We can address it as abandoned.”
At present such situations can only be handled by writing a citation, which the owner can then pay without having to remove the vehicle, said Lordino. “This is another course for us to try and get them off the street,”
Lordino estimated that 25 vehicles currently parked on city streets for extended periods could be immediately subject to the ordinance.
If, after the owner is notified, the situation isn’t rectified, the city can have an abandoned vehicle towed. To reclaim it, the owner would have to pay the towing and storage charge, as well as the fine.
For council member Rob Harvey, the idea of getting some derelict cars off city streets was good enough to warrant passage in one meeting rather than the customary three readings. “Can we pass this in one night and get it started?” he asked.
Quick passage of an ordinance after just one reading is allowed if the council votes to suspend the rules, said city manager Sandy Powell. A motion by council member Don Thompson to do just that, met resistance, however.
“I’m reluctant to hurry this through. This has been a problem since I’ve been in Chadron,” said council member John Gamby. “I think it hasn’t been put before the public as well as it should have.”
Thompson’s motion to suspend the rules in order to allow for quick passage gathered only one other vote, from Harvey, so the council scheduled a public hearing and second reading of the ordinance for Nov. 17.
NEWS SOURCE
Party hosts in Chadron take note: Holding a gathering which causes neighbors to complain about noise, or one where teens are sipping beer can now get you a fine.
And people who leave non-functioning vehicles parked on the city streets for weeks on end might want to see if that motor will start after all, as the Chadron City Council debates an ordinance that increases the city’s power to take action against abandoned vehicles.
At Monday’s regular city council meeting, a so-called ‘party house’ ordinance which allows the city to ticket the homeowner or renter who holds a ‘nuisance’ party passed unanimously on third reading. There was no discussion of the matter, which won praise from council members, law enforcement and members of the public during consideration over the past month.
The rule, patterned after ones adopted in other Nebraska college towns, gives police “another tool” to use against underage drinking and disruptive parties, Police Chief Tim Lordino said in earlier hearings. It can be difficult, and sometimes dangerous, for officers to ticket all of the underage drinkers when they are called to large, boisterous parties, Lordino said, so the ordinance targets the person who hosts the event.
When the host of a party is ticketed for an nuisance party offense, the property owner will get a notice, but won’t be cited unless there are repeat violations, Lordino said.
Taking aim at another long-standing problem in the community, the council gave first reading to an ordinance that would impose a $100 fine on first offense for having an ‘abandoned’ vehicle parked on city streets or allies, and give the city authority to tow away an abandoned vehicle if the owner doesn’t remove it promptly.
The ordinance is patterned on ones used in other Nebraska communities, but with an addition that makes it apply to unattended, but licensed, vehicles that can’t be driven because of flat tires or other mechanical problems, said Lordino. It also imposes the same conditions for ATVs, which are now legal for limited use on city streets, and for mini-bikes, he noted.
The section on non-working vehicles was added because of ongoing problems with several vehicles currently on the streets, said Lordino, who showed pictures of four examples, such as a pickup truck with deflated tires and a load of trash in the back. “This is a way we can deal with vehicles like these, that we have dealt with for a year,” he said. “This allows us to put a tag on it if it’s parked in the public right-of-way with the wheels removed...tires deflated or parts removed and it can’t be driven. We can address it as abandoned.”
At present such situations can only be handled by writing a citation, which the owner can then pay without having to remove the vehicle, said Lordino. “This is another course for us to try and get them off the street,”
Lordino estimated that 25 vehicles currently parked on city streets for extended periods could be immediately subject to the ordinance.
If, after the owner is notified, the situation isn’t rectified, the city can have an abandoned vehicle towed. To reclaim it, the owner would have to pay the towing and storage charge, as well as the fine.
For council member Rob Harvey, the idea of getting some derelict cars off city streets was good enough to warrant passage in one meeting rather than the customary three readings. “Can we pass this in one night and get it started?” he asked.
Quick passage of an ordinance after just one reading is allowed if the council votes to suspend the rules, said city manager Sandy Powell. A motion by council member Don Thompson to do just that, met resistance, however.
“I’m reluctant to hurry this through. This has been a problem since I’ve been in Chadron,” said council member John Gamby. “I think it hasn’t been put before the public as well as it should have.”
Thompson’s motion to suspend the rules in order to allow for quick passage gathered only one other vote, from Harvey, so the council scheduled a public hearing and second reading of the ordinance for Nov. 17.
NEWS SOURCE
Shippenville acts on abandoned vehicles
By Tom DiStefano, Clarion News Writer
CLARION - Shippenville Borough Council approved a budget which holds taxes steady, and discussed actions regarding violators of the borough’s abandoned vehicle ordinance – including the council president and the mayor.
The borough recently sent out seven letters to property owners with unregistered vehicles on their properties, including one to council president Mike Cotherman and one to Mayor Eric Sterner.
Sterner said his vehicle is now gone, but Cotherman asked for an extension on the 30-day limit to remove an unregistered vehicle. Council granted the extension.
Cotherman said he has the vehicle sold, but the new owner works out of town and has not come to pick it up yet.
After some jokes about moving Cotherman’s vehicle to various properties around town and an offer from council member Dutch Robertson to rent space in his garage for $50 a month, Council agreed to grant Cotherman an extension.
Cotherman suggested similar extensions be granted to any one who asks, and member Linda Runyon said such extensions should be granted if the property owner shows progress toward removing the vehicle.
Council directed maintenance manager Russ Rennard to check on the properties with unregistered vehicles whose owners were sent letters.
If the vehicles are still there and if extension has been requested, a towing company is to be called and the vehicles removed at the owner’s expense as stipulated in the borough ordinance.
NEWS SOURCE
CLARION - Shippenville Borough Council approved a budget which holds taxes steady, and discussed actions regarding violators of the borough’s abandoned vehicle ordinance – including the council president and the mayor.
The borough recently sent out seven letters to property owners with unregistered vehicles on their properties, including one to council president Mike Cotherman and one to Mayor Eric Sterner.
Sterner said his vehicle is now gone, but Cotherman asked for an extension on the 30-day limit to remove an unregistered vehicle. Council granted the extension.
Cotherman said he has the vehicle sold, but the new owner works out of town and has not come to pick it up yet.
After some jokes about moving Cotherman’s vehicle to various properties around town and an offer from council member Dutch Robertson to rent space in his garage for $50 a month, Council agreed to grant Cotherman an extension.
Cotherman suggested similar extensions be granted to any one who asks, and member Linda Runyon said such extensions should be granted if the property owner shows progress toward removing the vehicle.
Council directed maintenance manager Russ Rennard to check on the properties with unregistered vehicles whose owners were sent letters.
If the vehicles are still there and if extension has been requested, a towing company is to be called and the vehicles removed at the owner’s expense as stipulated in the borough ordinance.
NEWS SOURCE
Culpeper recycler trades scrap metal for beans and cornbread
By Catherine Amos
"Wise Recycling employee Scott Peragory hands J.W. Moore his complementary beans and cornbread for bringing in scrap metal to the recycling facility. Owner Jesse Wise decided to give out the “workin’ man’s meal” to draw more business and help feed those who might need a dinner."
It may be a ploy to bring in more business, but one man is helping to feed Culpeper’s residents for the holidays with a simple meal: beans and cornbread.
Jesse Wise, owner of Wise Services & Recycling at the end of North Commerce Street, is handing out a bag of navy beans and a box of Jiffy cornbread mix — plus cash — to everyone who brings in scrap aluminum, copper or brass.
“It’s a gimmick,” Wise said. “We need the business. But this year a lot of people are really hurting for money. The bad thing about it is the scrap business is also hurting because people aren’t buying anything. There’s not as much demand for it so the prices are down.”
Demand is down so much so that the same newspaper and cardboard Wise was paying $60 or $70 per ton for — which costs $30 to ship — he is now getting only $15 for from his buyers. Hence the food giveaways to boost his scrap metal supply and help those in need.
For about a dollar and a half per meal, Wise gets the food from Merchant’s grocery where Wise Recycling has an account. Since the first week in December when he started giving away the beans and cornbread, Wise said they have handed out nearly $500 worth of food and will continue through Christmas.
“Beans and cornbread, it’s a workin’ man’s meal,” he said. “It ain’t the best meal. But at the same time, when you’re hungry, it beats a pinchin’ belly.”
Wise, clad in a hard hat and coveralls, displayed his boxes of food and talked in his southern twang about the changes in his 10-year-old business over the last year.
Since this time last year, Wise has laid off 13 workers. A handful of his now-seven-man workforce sorted mounds of scrap metal, bottles and cardboard in the cold, damp air beneath structures made completely from recycled building materials.
While Wise gave a tour of his facility last week, local resident J.W. Moore arrived to sell his HVAC scrap. In addition to the cash Moore received, employee Scott Peragory handed him a bag of beans and cornbread mix.
“I appreciate it,” Moore said. “It’s a nice gesture. I’ll eat it for dinner for sure.”
When people bring their scraps to recycle, an employee scans their driver’s license for any sale more than $100 in case suspicious activity could be involved. With multiple video cameras monitoring every customer, Wise said he has assisted law enforcement agencies on multiple occasions.
The scraps are sorted before moving through a baler, which can bale 100,000 pounds of cardboard at a time. For metal scraps, a giant magnet pulls the steel out of the mix, then aluminum cans are bound in 1,000-pound, 30,000-can cubes.
The cans go to different mills across the country, such as Anheuser-Busch, to be recycled. Recycling is cheaper than mining the ore to make new cans, Wise said, and he ships his aluminum and steel all over the world.
“I like the scrap business because everyday’s like Christmas,” he said. “You never know what you’re gonna get.”
Wise takes pride in the efficiency and cleanliness of his facility, which he has made an effort to make environmentally friendly.
In addition to the recycled building materials, Wise houses oil-containing car parts under a roof so rain does not mix oil in runoff. Not to mention his inventory is recycled rather than sitting in a landfill.
“This is not a junkyard,” he said. “No one says the ‘J’ word anymore. The county will charge you for using the landfill; here I’ll pay you to take it.”
And despite the decrease in cash people get for their recyclables, Wise said people are still coming in.
“They don’t really complain about it,” he said. “They’ve been through tough times before. We live in a good community; they’re resilient. They won’t give up and my hat’s off to them.”
Catherine Amos can be reached at 825-0771 ext. 138 or camos@starexponent.com.
NEWS SOURCE
"Wise Recycling employee Scott Peragory hands J.W. Moore his complementary beans and cornbread for bringing in scrap metal to the recycling facility. Owner Jesse Wise decided to give out the “workin’ man’s meal” to draw more business and help feed those who might need a dinner."
It may be a ploy to bring in more business, but one man is helping to feed Culpeper’s residents for the holidays with a simple meal: beans and cornbread.
Jesse Wise, owner of Wise Services & Recycling at the end of North Commerce Street, is handing out a bag of navy beans and a box of Jiffy cornbread mix — plus cash — to everyone who brings in scrap aluminum, copper or brass.
“It’s a gimmick,” Wise said. “We need the business. But this year a lot of people are really hurting for money. The bad thing about it is the scrap business is also hurting because people aren’t buying anything. There’s not as much demand for it so the prices are down.”
Demand is down so much so that the same newspaper and cardboard Wise was paying $60 or $70 per ton for — which costs $30 to ship — he is now getting only $15 for from his buyers. Hence the food giveaways to boost his scrap metal supply and help those in need.
For about a dollar and a half per meal, Wise gets the food from Merchant’s grocery where Wise Recycling has an account. Since the first week in December when he started giving away the beans and cornbread, Wise said they have handed out nearly $500 worth of food and will continue through Christmas.
“Beans and cornbread, it’s a workin’ man’s meal,” he said. “It ain’t the best meal. But at the same time, when you’re hungry, it beats a pinchin’ belly.”
Wise, clad in a hard hat and coveralls, displayed his boxes of food and talked in his southern twang about the changes in his 10-year-old business over the last year.
Since this time last year, Wise has laid off 13 workers. A handful of his now-seven-man workforce sorted mounds of scrap metal, bottles and cardboard in the cold, damp air beneath structures made completely from recycled building materials.
While Wise gave a tour of his facility last week, local resident J.W. Moore arrived to sell his HVAC scrap. In addition to the cash Moore received, employee Scott Peragory handed him a bag of beans and cornbread mix.
“I appreciate it,” Moore said. “It’s a nice gesture. I’ll eat it for dinner for sure.”
When people bring their scraps to recycle, an employee scans their driver’s license for any sale more than $100 in case suspicious activity could be involved. With multiple video cameras monitoring every customer, Wise said he has assisted law enforcement agencies on multiple occasions.
The scraps are sorted before moving through a baler, which can bale 100,000 pounds of cardboard at a time. For metal scraps, a giant magnet pulls the steel out of the mix, then aluminum cans are bound in 1,000-pound, 30,000-can cubes.
The cans go to different mills across the country, such as Anheuser-Busch, to be recycled. Recycling is cheaper than mining the ore to make new cans, Wise said, and he ships his aluminum and steel all over the world.
“I like the scrap business because everyday’s like Christmas,” he said. “You never know what you’re gonna get.”
Wise takes pride in the efficiency and cleanliness of his facility, which he has made an effort to make environmentally friendly.
In addition to the recycled building materials, Wise houses oil-containing car parts under a roof so rain does not mix oil in runoff. Not to mention his inventory is recycled rather than sitting in a landfill.
“This is not a junkyard,” he said. “No one says the ‘J’ word anymore. The county will charge you for using the landfill; here I’ll pay you to take it.”
And despite the decrease in cash people get for their recyclables, Wise said people are still coming in.
“They don’t really complain about it,” he said. “They’ve been through tough times before. We live in a good community; they’re resilient. They won’t give up and my hat’s off to them.”
Catherine Amos can be reached at 825-0771 ext. 138 or camos@starexponent.com.
NEWS SOURCE
Jay Township makes changes to ordinances
WEEDVILLE - A few more language changes were made to the outdoor furnace ordinance and the nuisance ordinance in Jay Township.
The supervisors should charge a fee for each junk car on personal property to deter residents from accumulating a large number of junk cars, resident Fran Gustafson said during Thursday's Jay Township Supervisors meeting.
Supervisor Bob Coppolo said a fee would be set by a resolution of the supervisors. As long as residents cooperate there wouldn't be a need to charge a fee for permits, but if it is abused, than a fee could be added to act as a deterrent, Coppolo said.
Definitions of the various types of vehicles were added to the proposed nuisance ordinance. Coppolo used the definitions of a motor vehicle, and farm and construction vehicles from the vehicle code. Farm and construction equipment will be exempt from the nuisance ordinance.
Language was changed in the proposed outdoor furnace ordinance, as well.
Instead of saying a "public hearing" will be held in the event of an appeal it will be changed to a "public meeting." The supervisors have had problems finding people to serve on appeals boards in the past, Coppolo said.
In the event a permit would be rejected it would go back before the board of supervisors for a second review.
The length of time allowed to hold that meeting would also be changed from 30 days to 45 days since the length of time before the meeting following the complaint may be longer than 30 days.
The ordinance regulates chimney height, setbacks and the type of items that may be burned.
The proposed ordinance is available for public review at the township building.
The issue that had arisen with Teaberry Street is no longer a problem. The land owner had said he wanted the area being used as a turn around back. This created a problem for the township because without the turn around, it could not turn its snow plows around and therefore wouldn't be able to plow the street. If it could not plow the street, it would have had to abandon the road.
Supervisor Murray Lilley said the land owner has said he is not going to do anything with the area unless he sells the property so it is no longer an issue that needs to be addressed.
The supervisors will look at the township's prescription drug coverage plan next year. During the meeting, resident Nadine Pirazzi asked how much the township is spending on this item.
The township spends about $12,000 a year on prescriptions for employees. The employees pay $3 for generic prescriptions and $7 for regular prescriptions.
About 15 years ago, the supervisors decided that instead of having a prescription plan it was more economical to pay for the prescriptions. At that time, employees paid $1 for generics and $3 for regular prescriptions. Several years ago that amount was increased and the township did add a prescription plan, however more and more prescriptions are being taken off of the plan.
In other township news:
* The supervisors approved allowing two public safety radio towers to be placed in the township.
* The supervisors will hold their reorganization meeting at 7 p.m. Jan. 5 in the township building. The regular meeting will be at 7 p.m. Jan. 22.
* The supervisors approved the Right-to-Know policy, which falls under the state's Right-to-Know policy. Debbie Leonard, township secretary, was designated as the open records officer and is responsible for reviewing requests for open records and providing them.
NEWS SOURCE
The supervisors should charge a fee for each junk car on personal property to deter residents from accumulating a large number of junk cars, resident Fran Gustafson said during Thursday's Jay Township Supervisors meeting.
Supervisor Bob Coppolo said a fee would be set by a resolution of the supervisors. As long as residents cooperate there wouldn't be a need to charge a fee for permits, but if it is abused, than a fee could be added to act as a deterrent, Coppolo said.
Definitions of the various types of vehicles were added to the proposed nuisance ordinance. Coppolo used the definitions of a motor vehicle, and farm and construction vehicles from the vehicle code. Farm and construction equipment will be exempt from the nuisance ordinance.
Language was changed in the proposed outdoor furnace ordinance, as well.
Instead of saying a "public hearing" will be held in the event of an appeal it will be changed to a "public meeting." The supervisors have had problems finding people to serve on appeals boards in the past, Coppolo said.
In the event a permit would be rejected it would go back before the board of supervisors for a second review.
The length of time allowed to hold that meeting would also be changed from 30 days to 45 days since the length of time before the meeting following the complaint may be longer than 30 days.
The ordinance regulates chimney height, setbacks and the type of items that may be burned.
The proposed ordinance is available for public review at the township building.
The issue that had arisen with Teaberry Street is no longer a problem. The land owner had said he wanted the area being used as a turn around back. This created a problem for the township because without the turn around, it could not turn its snow plows around and therefore wouldn't be able to plow the street. If it could not plow the street, it would have had to abandon the road.
Supervisor Murray Lilley said the land owner has said he is not going to do anything with the area unless he sells the property so it is no longer an issue that needs to be addressed.
The supervisors will look at the township's prescription drug coverage plan next year. During the meeting, resident Nadine Pirazzi asked how much the township is spending on this item.
The township spends about $12,000 a year on prescriptions for employees. The employees pay $3 for generic prescriptions and $7 for regular prescriptions.
About 15 years ago, the supervisors decided that instead of having a prescription plan it was more economical to pay for the prescriptions. At that time, employees paid $1 for generics and $3 for regular prescriptions. Several years ago that amount was increased and the township did add a prescription plan, however more and more prescriptions are being taken off of the plan.
In other township news:
* The supervisors approved allowing two public safety radio towers to be placed in the township.
* The supervisors will hold their reorganization meeting at 7 p.m. Jan. 5 in the township building. The regular meeting will be at 7 p.m. Jan. 22.
* The supervisors approved the Right-to-Know policy, which falls under the state's Right-to-Know policy. Debbie Leonard, township secretary, was designated as the open records officer and is responsible for reviewing requests for open records and providing them.
NEWS SOURCE
Junkyard charge dropped by town
Written by Robert Levin
BAR HARBOR — A Town Hill resident accused of maintaining an illegal junkyard has cleaned up his property and the charges against him have been dropped, an official said this week.
Edward “Teddy” McFarland, against whom the town filed suit last October in a bid to force him to clean up his Route 102 property, has removed junk vehicles from his land and now conforms with the law, code enforcement officer Angela Chamberlain said.
“The property has been brought into compliance with the Maine junkyard and automobile graveyard statute and the Bar Harbor land-use ordinance,” she said.
A civil trial was scheduled for Hancock County Superior Court later this month, but the town has withdrawn the action, Ms. Chamberlain said.
There are a number of vehicles left on the property, but those are within the limits of what Mr. McFarland is allowed to keep for parts for his automobile repair business, she said. He also is allowed to retain possession of two unregistered vehicles.
The town took Mr. McFarland to court last October, after battling with him for 20 years over the condition of the property.
In 1986, the planning board approved a site plan for an auto repair garage on the property, which is just north of EBS, on the same side of the road. The approval was based on a condition that Mr. McFarland would not maintain an auto graveyard on the land.
However, one year later, he was ordered by the town to cease accepting junk vehicles. Numerous violation notices followed over the next two decades, along with promises to clean up the property. From 2005 to 2007 he removed junk vehicles from the land, but in 2007 cars again began to pile up, causing mounting frustration on the part of the town and the eventual legal action.
During a court-supervised mediation session this summer, town officials agreed to drop the legal case and waive all fines, fees and costs associated with it so long as the property was cleaned up by November. Ms. Chamberlain said she treated the deadline with flexibility.
NEWS SOURCE
BAR HARBOR — A Town Hill resident accused of maintaining an illegal junkyard has cleaned up his property and the charges against him have been dropped, an official said this week.
Edward “Teddy” McFarland, against whom the town filed suit last October in a bid to force him to clean up his Route 102 property, has removed junk vehicles from his land and now conforms with the law, code enforcement officer Angela Chamberlain said.
“The property has been brought into compliance with the Maine junkyard and automobile graveyard statute and the Bar Harbor land-use ordinance,” she said.
A civil trial was scheduled for Hancock County Superior Court later this month, but the town has withdrawn the action, Ms. Chamberlain said.
There are a number of vehicles left on the property, but those are within the limits of what Mr. McFarland is allowed to keep for parts for his automobile repair business, she said. He also is allowed to retain possession of two unregistered vehicles.
The town took Mr. McFarland to court last October, after battling with him for 20 years over the condition of the property.
In 1986, the planning board approved a site plan for an auto repair garage on the property, which is just north of EBS, on the same side of the road. The approval was based on a condition that Mr. McFarland would not maintain an auto graveyard on the land.
However, one year later, he was ordered by the town to cease accepting junk vehicles. Numerous violation notices followed over the next two decades, along with promises to clean up the property. From 2005 to 2007 he removed junk vehicles from the land, but in 2007 cars again began to pile up, causing mounting frustration on the part of the town and the eventual legal action.
During a court-supervised mediation session this summer, town officials agreed to drop the legal case and waive all fines, fees and costs associated with it so long as the property was cleaned up by November. Ms. Chamberlain said she treated the deadline with flexibility.
NEWS SOURCE
Selma Cracks Down On Junk Cars
By Marilyn Peguero, NBC17,
JOHNSTON COUNTY, N.C.
Adin Velasquez owned three junk cars that until recently sat near his Selma home. First, he bought a van.
"My transmission broke down and I had it sitting at home for a while because I didn't have the money, you know the economy is bad. I didn't have the money to fix it," he said.
It was less expensive to buy another used car, so he did. That one broke down too. So he bought yet another used car.
The town had not enforced rules about junk cars since 2001. But it hired code enforcement officer Ryan Simons about a month ago to help clean up the streets.
"It's a benefit to the people that live here and that work here and visit here," Simons said.
He doesn't know how many junk cars there are in the whole town. But he inspected one 12 block area and found 40.
"Obviously each 12 block area is not going to be the same. There's not going to be 40 in each area. There may be five or there may not be any," Simons said.
He plans to go through the town section by section.
NEWS SOURCE
JOHNSTON COUNTY, N.C.
Adin Velasquez owned three junk cars that until recently sat near his Selma home. First, he bought a van.
"My transmission broke down and I had it sitting at home for a while because I didn't have the money, you know the economy is bad. I didn't have the money to fix it," he said.
It was less expensive to buy another used car, so he did. That one broke down too. So he bought yet another used car.
The town had not enforced rules about junk cars since 2001. But it hired code enforcement officer Ryan Simons about a month ago to help clean up the streets.
"It's a benefit to the people that live here and that work here and visit here," Simons said.
He doesn't know how many junk cars there are in the whole town. But he inspected one 12 block area and found 40.
"Obviously each 12 block area is not going to be the same. There's not going to be 40 in each area. There may be five or there may not be any," Simons said.
He plans to go through the town section by section.
NEWS SOURCE
Thursday 18 December 2008
County to Crack Down on Salvage Yard
(Source:The Orange Leader) By Erik Onstott, The Orange Leader, Texas
Dec. 16--Orange County commissioners on Monday voted to proceed with legal action against a western Orange County salvage yard.
County officials have been in correspondence with James and Bobby Vincent, the owners of Butch's Salvage and Garage at 2695 North Main Street in Vidor, advising them of the need to come into compliance with the ordinance passed by the court in May.
"The gentlemen have been aware of the ordinance," Precinct 4 Commissioner Beamon Minton said. "We gave them an opportunity to apply for a permit or request an exemption, and they did nothing. I don't think they will make a move until we put their feet to the fire."
Precinct 3 Commissioner John Dubose said the county had gotten complaints from bus drivers unable to navigate buses down Greathouse Street due to cars from another of the Vincent properties being in the right-of-way on that particular street.
The ordinance, which took effect May 5, mandates that those who want to operate salvage yards in Orange County apply for a permit from the county and pay a license fee of $300. Representatives from the Orange County Road and Bridge Department will then inspect the property to determine whether it is in compliance with the ordinance.
Among other things, the ordinance mandates that salvage yards must have a fence six feet tall surrounding the property; yard operators cannot stack anything higher than the fence; and salvage yards may not be within 500 feet of a school, church, cemetery or waterway.
"We have bent over backwards for them," County Judge Carl Thibodeaux said. "We gave them six months to apply for their license."
Commissioners voted to suspend the license and to require Vincent to apply for another permit and pay another $300 license fee.
In a letter to commissioners, James Vincent said the property at 320 Greathouse was not a salvage yard and that he was in the process of cleaning the property when he was diagnosed with cancer. Vincent said in a follow-up letter that he felt he was being discriminated against and that he felt all businesses on FM 105 should have to pay.
"I've done everything they've asked me to do. The doctor didn't want me to be out," Vincent said Monday in a phone call from Houston, where he was preparing to undergo cancer treatments. "They're trying to shut me down, but I am not giving up."
In other business, Thibodeaux informed the court that the county had gotten 1,500 FEMA trailers into Orange County.
"Things are moving slow, and there are still a lot of problems," he said. "But we are still way ahead of other counties."
In a reminder of how slowly the process moves, Thibodeaux also mentioned that construction on 650 homes was due to begin in January -- homes that were destroyed by Hurricane Rita over three years ago.
Reach this reporter at 409-883-3571, Ext. 2616 or eonstott@orangeleader.com
NEWS SOURCE
Dec. 16--Orange County commissioners on Monday voted to proceed with legal action against a western Orange County salvage yard.
County officials have been in correspondence with James and Bobby Vincent, the owners of Butch's Salvage and Garage at 2695 North Main Street in Vidor, advising them of the need to come into compliance with the ordinance passed by the court in May.
"The gentlemen have been aware of the ordinance," Precinct 4 Commissioner Beamon Minton said. "We gave them an opportunity to apply for a permit or request an exemption, and they did nothing. I don't think they will make a move until we put their feet to the fire."
Precinct 3 Commissioner John Dubose said the county had gotten complaints from bus drivers unable to navigate buses down Greathouse Street due to cars from another of the Vincent properties being in the right-of-way on that particular street.
The ordinance, which took effect May 5, mandates that those who want to operate salvage yards in Orange County apply for a permit from the county and pay a license fee of $300. Representatives from the Orange County Road and Bridge Department will then inspect the property to determine whether it is in compliance with the ordinance.
Among other things, the ordinance mandates that salvage yards must have a fence six feet tall surrounding the property; yard operators cannot stack anything higher than the fence; and salvage yards may not be within 500 feet of a school, church, cemetery or waterway.
"We have bent over backwards for them," County Judge Carl Thibodeaux said. "We gave them six months to apply for their license."
Commissioners voted to suspend the license and to require Vincent to apply for another permit and pay another $300 license fee.
In a letter to commissioners, James Vincent said the property at 320 Greathouse was not a salvage yard and that he was in the process of cleaning the property when he was diagnosed with cancer. Vincent said in a follow-up letter that he felt he was being discriminated against and that he felt all businesses on FM 105 should have to pay.
"I've done everything they've asked me to do. The doctor didn't want me to be out," Vincent said Monday in a phone call from Houston, where he was preparing to undergo cancer treatments. "They're trying to shut me down, but I am not giving up."
In other business, Thibodeaux informed the court that the county had gotten 1,500 FEMA trailers into Orange County.
"Things are moving slow, and there are still a lot of problems," he said. "But we are still way ahead of other counties."
In a reminder of how slowly the process moves, Thibodeaux also mentioned that construction on 650 homes was due to begin in January -- homes that were destroyed by Hurricane Rita over three years ago.
Reach this reporter at 409-883-3571, Ext. 2616 or eonstott@orangeleader.com
NEWS SOURCE
Salvage sales moving to the Web
By: Brian Albright
The IAA Average Selling Price Index was 40 percent higher in 2007 than it was in 2003, with that increase driven partly by increased auction competition from Internet buyers. Rival Copart reported last year that since launching its online auction tool (VB2) in 2004 its gross margin had grown by 10 percentage points (to 45 percent) and that out-of-state bidders now represented 40 percent of the bidding population.
That’s been good for the insurance companies that are selling the cars and the auction houses handling them, but increased competition and rising scrap metal prices have been hard on some recyclers and parts refurbishers, who are now paying a much higher price for wrecked cars.
“That’s made things more difficult,” says Mark Carnesecca, vice president of vehicle purchasing for the Auto Parts Business (APB) division of Schnitzer Steel Industries. The company operates GreenLeaf Auto Recyclers and Pick-n-Pull parts store chains. “We’ve had to continue to look for other sources of vehicles to augment what we purchase at auctions.”
Carnesecca says the company also purchases vehicles directly from insurance companies, from individual body shops and from smaller auction houses that don’t have a broad bidding base. “We have to be a little more creative,” he says.
On the flip side, these companies now have access to a much wider range and selection of vehicles by accessing out-of-state auctions.
“There are still tremendous values if you are looking for a particular type of vehicle,” Oscarson says. “There is enough product out there that you can wait to find what you’re looking for. Prices have gone up, but that has been offset by the ability to buy more precisely. You can still make a profit by buying smarter; you don’t have to buy 10 cars a week or drive all over the place to attend the auctions.”
While purchasing a salvage vehicle online does entail some risk, most buyers are comfortable with the process.
“Some guys will preview the vehicles beforehand, but they can do it on their own time now,” Oscarson says. “It’s also very common for buyers to network and help each other. If you want to buy a car in Arizona, you find someone who can look at it for you, if that’s what you need.”
Purchasing vehicles from other states can require the buyer to jump through a few hoops, however. Some states require out-of-state buyers to apply for special identification cards, and those requirements can vary significantly. Salvage industry efforts to reduce these restrictions have been fairly successful, however. Last year, Oklahoma loosened its highly regulated salvage market, and Illinois recently adjusted its out-of-state licensing requirements.
Buyers also have to factor in the cost of transporting a vehicle from out of state. According to CentralDispatch, an auto transportation marketplace, the cost to transport a standard sized vehicle rose by $77 (11.8 percent) between April and July this year, following a 17 percent increase between February and April. These price increases have had minimal impact on the number of vehicles being shipped, however.
Who is buying these vehicles online? Primarily recyclers and refurbishers who are either fixing up the cars or cannibalizing the parts and selling the sheet metal.
There is also a whole new class of international buyers, many in developing markets with a high demand for scrap metal and replacement parts. Approximately 25 percent of all vehicles sold at IAA in 2007 were exported to foreign countries. Some border and coastal salvage pools have claimed that as much as 40 percent of their rebuildable salvage goes overseas.
According to Oscarson, foreign companies are also buying damaged vehicles, repairing them and selling them at a much lower cost than other used vehicles. The weak U.S. dollar, low shipping rates and cheaper labor in foreign markets have helped make this imported vehicle repair business extremely profitable, and salvaged vehicle exports have increased steadily over the past few years.
Salvage vehicles have long been a valuable source of replacement parts and sheet metal for the automotive repair industry, and a reliable way for insurance companies to dispose of total loss vehicles. In the past, salvage vehicles were primarily sold through live auctions where recyclers, scrap dealers, parts refurbishers and others would gather in person to bid on these vehicles. Advancements in e-commerce technology, however, have moved a significant portion of the salvage business online, greatly expanding the universe of buyers and driving up salvage prices.
According to data from Insurance Auto Auctions (IAA), the largest auto salvage auction company in the North America, in 2007 nearly 80 percent of all auctioned vehicles were sold in auctions that utilized the Internet, and while the majority (56 percent) of salvage vehicles were still sold to live auction buyers, 44 percent were sold to Internet bidders.
“The biggest impact the Internet has had is that is has made product available to buyers that wouldn’t have had access to it previously,” says Dan Oscarson, vice president of global buyer marketing at IAA. “Before, buyers would go to an auction to see what was available, and might have to hit a few different auctions to find the cars they wanted. The Internet has enabled them to avoid having to stand outside and drive from place to place. They can bid from home or from their office, and they can buy more precisely. There’s no way you could physically be at every auction every week.”
“In countries like the Ukraine or Guatemala, the overhead costs are much less and they can spend more for a vehicle because the U.S. dollar is worth less to them,” says Carnesecca. “They also have a whole different set of costs and regulations in terms of bringing that vehicle to market. A vehicle that might have gone straight for parts here can be rebuilt in another country because the overhead and labor are cheaper.”
For body shops, salvage auctions present a possible revenue opportunity as well. The cost for a repair shop to fix-up a totaled vehicle is usually less than what an insurance company would pay for the same repair. “During slow periods, a shop could pick up those cars and repair them, and that could supplement the walk-in business,” Oscarson says.
“This continues to be a profitable business for everybody,” Oscarson says. “The sheer product selection that the Internet opens up makes that possible.”
NEWS SOURCE
The IAA Average Selling Price Index was 40 percent higher in 2007 than it was in 2003, with that increase driven partly by increased auction competition from Internet buyers. Rival Copart reported last year that since launching its online auction tool (VB2) in 2004 its gross margin had grown by 10 percentage points (to 45 percent) and that out-of-state bidders now represented 40 percent of the bidding population.
That’s been good for the insurance companies that are selling the cars and the auction houses handling them, but increased competition and rising scrap metal prices have been hard on some recyclers and parts refurbishers, who are now paying a much higher price for wrecked cars.
“That’s made things more difficult,” says Mark Carnesecca, vice president of vehicle purchasing for the Auto Parts Business (APB) division of Schnitzer Steel Industries. The company operates GreenLeaf Auto Recyclers and Pick-n-Pull parts store chains. “We’ve had to continue to look for other sources of vehicles to augment what we purchase at auctions.”
Carnesecca says the company also purchases vehicles directly from insurance companies, from individual body shops and from smaller auction houses that don’t have a broad bidding base. “We have to be a little more creative,” he says.
On the flip side, these companies now have access to a much wider range and selection of vehicles by accessing out-of-state auctions.
“There are still tremendous values if you are looking for a particular type of vehicle,” Oscarson says. “There is enough product out there that you can wait to find what you’re looking for. Prices have gone up, but that has been offset by the ability to buy more precisely. You can still make a profit by buying smarter; you don’t have to buy 10 cars a week or drive all over the place to attend the auctions.”
While purchasing a salvage vehicle online does entail some risk, most buyers are comfortable with the process.
“Some guys will preview the vehicles beforehand, but they can do it on their own time now,” Oscarson says. “It’s also very common for buyers to network and help each other. If you want to buy a car in Arizona, you find someone who can look at it for you, if that’s what you need.”
Purchasing vehicles from other states can require the buyer to jump through a few hoops, however. Some states require out-of-state buyers to apply for special identification cards, and those requirements can vary significantly. Salvage industry efforts to reduce these restrictions have been fairly successful, however. Last year, Oklahoma loosened its highly regulated salvage market, and Illinois recently adjusted its out-of-state licensing requirements.
Buyers also have to factor in the cost of transporting a vehicle from out of state. According to CentralDispatch, an auto transportation marketplace, the cost to transport a standard sized vehicle rose by $77 (11.8 percent) between April and July this year, following a 17 percent increase between February and April. These price increases have had minimal impact on the number of vehicles being shipped, however.
Who is buying these vehicles online? Primarily recyclers and refurbishers who are either fixing up the cars or cannibalizing the parts and selling the sheet metal.
There is also a whole new class of international buyers, many in developing markets with a high demand for scrap metal and replacement parts. Approximately 25 percent of all vehicles sold at IAA in 2007 were exported to foreign countries. Some border and coastal salvage pools have claimed that as much as 40 percent of their rebuildable salvage goes overseas.
According to Oscarson, foreign companies are also buying damaged vehicles, repairing them and selling them at a much lower cost than other used vehicles. The weak U.S. dollar, low shipping rates and cheaper labor in foreign markets have helped make this imported vehicle repair business extremely profitable, and salvaged vehicle exports have increased steadily over the past few years.
Salvage vehicles have long been a valuable source of replacement parts and sheet metal for the automotive repair industry, and a reliable way for insurance companies to dispose of total loss vehicles. In the past, salvage vehicles were primarily sold through live auctions where recyclers, scrap dealers, parts refurbishers and others would gather in person to bid on these vehicles. Advancements in e-commerce technology, however, have moved a significant portion of the salvage business online, greatly expanding the universe of buyers and driving up salvage prices.
According to data from Insurance Auto Auctions (IAA), the largest auto salvage auction company in the North America, in 2007 nearly 80 percent of all auctioned vehicles were sold in auctions that utilized the Internet, and while the majority (56 percent) of salvage vehicles were still sold to live auction buyers, 44 percent were sold to Internet bidders.
“The biggest impact the Internet has had is that is has made product available to buyers that wouldn’t have had access to it previously,” says Dan Oscarson, vice president of global buyer marketing at IAA. “Before, buyers would go to an auction to see what was available, and might have to hit a few different auctions to find the cars they wanted. The Internet has enabled them to avoid having to stand outside and drive from place to place. They can bid from home or from their office, and they can buy more precisely. There’s no way you could physically be at every auction every week.”
“In countries like the Ukraine or Guatemala, the overhead costs are much less and they can spend more for a vehicle because the U.S. dollar is worth less to them,” says Carnesecca. “They also have a whole different set of costs and regulations in terms of bringing that vehicle to market. A vehicle that might have gone straight for parts here can be rebuilt in another country because the overhead and labor are cheaper.”
For body shops, salvage auctions present a possible revenue opportunity as well. The cost for a repair shop to fix-up a totaled vehicle is usually less than what an insurance company would pay for the same repair. “During slow periods, a shop could pick up those cars and repair them, and that could supplement the walk-in business,” Oscarson says.
“This continues to be a profitable business for everybody,” Oscarson says. “The sheer product selection that the Internet opens up makes that possible.”
NEWS SOURCE
Officials crack down on vehicle violations
By Jeffrey D. Wagner
Herald News Staff
Freetown
Earlier this past fall, the town sent out 37 violation notices to people with more than two unregistered motor vehicles in town.
Of those 37, 31 have complied with the Board of Health’s warning letters, but two properties on Braley Road have not responded to officials’ mandates. Court action will likely ensue, according to a Board of Selectmen/Board of Health meeting on the matter Monday. Health Board members touched upon the issue with Health Agent Paul R. Bourgeois and Police Chief Carlton E. Abbott Jr.
The Board of Health voted to discuss the matter with town counsel to detail how it will move forward legally.
“After initially speaking with and sending out warning letters, Paul Bourgeois provided a list of six locations. Of these, one was in the process of applying for a permit, one was found to be in compliance, and four were issued violations,” Abbott said in an e-mail on Tuesday.
“Two properties of the properties in violation, one located at 121 Braley Road and the other at 126 Braley Road, have large numbers of junk vehicles. The BOS (Board of Selectmen) is taking action to have counsel bring a civil action against these major violators. One of which (126 Braley Road), has been the subject of previous court action by the town.”
According to Selectman Lawrence N. Ashley, the property at 121 Braley Road is connected to Ironhorse Collision CTR.
According to Board of Assessors records online, the land at 126 Braley Road is owned by a Benjamin Baptiste Jr.
Nether Baptiste or Ironhorse Collision CTR could be reached for comment.
Selectmen and health board officials mentioned on Monday that the 126 Braley Road property has a history of being an unauthorized junk yard, and Selectwoman Lisa A. Pacheco described it as a “health hazard.”
“Everyone knows about it and talks about it and nobody talks about it favorably,” Selectwoman Jean C. Fox added.
Abbott and Selectman Lawrence N. Ashley agreed that the town should look through court records to determine if the owners of the 126 Braley Road site are in contempt of a past court order.
Bourgeois said that warning letters were sent out in September to land owners who have more than two unregistered vehicles. He said this action is a result of a modification to a bylaw two years ago that calls for restricting the numbers of unregistered vehicles.
“A draft policy was circulated relative to the permitting process for those seeking more than two unregistered cars. Elements include an application, public notice and a hearing,” Abbott said in an e-mail on Tuesday.
According to the Board of Selectmen’s office, it costs $100 per year for a landowner to apply for a Class III motor vehicle dealership license to carry more than two unregistered vehicles.
NEWS SOURCE
Herald News Staff
Freetown
Earlier this past fall, the town sent out 37 violation notices to people with more than two unregistered motor vehicles in town.
Of those 37, 31 have complied with the Board of Health’s warning letters, but two properties on Braley Road have not responded to officials’ mandates. Court action will likely ensue, according to a Board of Selectmen/Board of Health meeting on the matter Monday. Health Board members touched upon the issue with Health Agent Paul R. Bourgeois and Police Chief Carlton E. Abbott Jr.
The Board of Health voted to discuss the matter with town counsel to detail how it will move forward legally.
“After initially speaking with and sending out warning letters, Paul Bourgeois provided a list of six locations. Of these, one was in the process of applying for a permit, one was found to be in compliance, and four were issued violations,” Abbott said in an e-mail on Tuesday.
“Two properties of the properties in violation, one located at 121 Braley Road and the other at 126 Braley Road, have large numbers of junk vehicles. The BOS (Board of Selectmen) is taking action to have counsel bring a civil action against these major violators. One of which (126 Braley Road), has been the subject of previous court action by the town.”
According to Selectman Lawrence N. Ashley, the property at 121 Braley Road is connected to Ironhorse Collision CTR.
According to Board of Assessors records online, the land at 126 Braley Road is owned by a Benjamin Baptiste Jr.
Nether Baptiste or Ironhorse Collision CTR could be reached for comment.
Selectmen and health board officials mentioned on Monday that the 126 Braley Road property has a history of being an unauthorized junk yard, and Selectwoman Lisa A. Pacheco described it as a “health hazard.”
“Everyone knows about it and talks about it and nobody talks about it favorably,” Selectwoman Jean C. Fox added.
Abbott and Selectman Lawrence N. Ashley agreed that the town should look through court records to determine if the owners of the 126 Braley Road site are in contempt of a past court order.
Bourgeois said that warning letters were sent out in September to land owners who have more than two unregistered vehicles. He said this action is a result of a modification to a bylaw two years ago that calls for restricting the numbers of unregistered vehicles.
“A draft policy was circulated relative to the permitting process for those seeking more than two unregistered cars. Elements include an application, public notice and a hearing,” Abbott said in an e-mail on Tuesday.
According to the Board of Selectmen’s office, it costs $100 per year for a landowner to apply for a Class III motor vehicle dealership license to carry more than two unregistered vehicles.
NEWS SOURCE
Wednesday 17 December 2008
Vehicles plowed in to be towed
Stephanie Goetz, WDAY
Fargo, ND (WDAY TV) - A warning tonight from the cities of Fargo and Moorhead, move your car or it'll be towed! The cities are in the process of clearing streets. Fargo has cleared everything but residential roads. As of noon today, the city had towed 38 cars, but most are towed here, to the impound lot.
It'll cost you 70 to 200 dollars to get your vehicle back, but not all vehicles are being impounded. Fargo Police say some owners are catching a break. Tow trucks are running non-stop to get people out of snow drifts, so street crews can clear the roads.
Hundreds of cars just like this one were pulled out of snow piles to the impound. If yours is still stuck, you'll have to be patient; tow companies say wait time for a tow is 7 hours. As each snowflake fell this weekend, mark burke knew what today had in store.
“Same thoughts as the plow guys have. It's a never ending cycle.”
In his four years on the job, Burke says this blizzard is one of the worst.
“It’s been quite a while since I’ve seen something like this.”
Crews around the city are working overtime to get people out of the massive snow drifts. MTW Towing says they expect more than 50 cars to be towed and many throughout the week. Crews plowed and pulled people out all night and with cars littering streets, they say it's just the beginning. Burke says the hardest part of the job is staying safe.
“The hard part is actually you have to look out for everyone else. Especially on the interstate and freeways and that because, and then people don't get out of your way!”
Remember, if they're not moved by tomorrow, they will be towed.
NEWS SOURCE
Fargo, ND (WDAY TV) - A warning tonight from the cities of Fargo and Moorhead, move your car or it'll be towed! The cities are in the process of clearing streets. Fargo has cleared everything but residential roads. As of noon today, the city had towed 38 cars, but most are towed here, to the impound lot.
It'll cost you 70 to 200 dollars to get your vehicle back, but not all vehicles are being impounded. Fargo Police say some owners are catching a break. Tow trucks are running non-stop to get people out of snow drifts, so street crews can clear the roads.
Hundreds of cars just like this one were pulled out of snow piles to the impound. If yours is still stuck, you'll have to be patient; tow companies say wait time for a tow is 7 hours. As each snowflake fell this weekend, mark burke knew what today had in store.
“Same thoughts as the plow guys have. It's a never ending cycle.”
In his four years on the job, Burke says this blizzard is one of the worst.
“It’s been quite a while since I’ve seen something like this.”
Crews around the city are working overtime to get people out of the massive snow drifts. MTW Towing says they expect more than 50 cars to be towed and many throughout the week. Crews plowed and pulled people out all night and with cars littering streets, they say it's just the beginning. Burke says the hardest part of the job is staying safe.
“The hard part is actually you have to look out for everyone else. Especially on the interstate and freeways and that because, and then people don't get out of your way!”
Remember, if they're not moved by tomorrow, they will be towed.
NEWS SOURCE
Families forsaking second cars
Number of autos on US roadways likely to shrink
Julia and Evan Campbell, a two-car couple in Medford, will soon become a one-vehicle family. The registration on their 13-year-old Ford Ranger expired last month, and to save on insurance, fuel, and fees, they plan to sell the pickup and rely on public transit and their Honda CRV.
"Gas prices have plummeted, but that's definitely not going to last for all eternity," said Julia Campbell, 31.
The number of vehicles on US roads may shrink for the first time since the 2002 recession because of decisions like the Campbells'.
Automakers may sell just 11.7 million cars and trucks in the United States next year, according to GM's estimates, and if last year's scrap rate of 13 million holds, drivers will be pulling cars off the road faster than they're buying them.
"With everything happening, it's very likely the fleet will shrink next year," said George Magliano, an analyst at IHS Global Insight Inc., in Lexington.
The fleet has contracted only nine times in the past century, and a 10th decrease would reflect more pain for General Motors Corp., Ford Motor Co., and Chrysler LLC and smaller tax collections for road maintenance. On the other hand, the decline may unclog some freeways. Discarded autos are either sold for salvage or to motorists junking even older vehicles.
If GM's US forecast is right, the industry will sell the fewest cars since 1982 next year.
Gas prices, which peaked in July at a record $4.11 a gallon for regular, helped cut vehicle miles traveled by 3.3 percent, or 100.1 billion miles, between October 2007 and October 2008, according to the Federal Highway Administration.
A smaller fleet may accelerate that decline, said Ken Orski, a transportation-policy consultant and publisher of Innovation Briefs, an industry newsletter.
Fewer miles driven means less gas purchased, cutting funds available to fix US roads.
The $43 billion Highway Trust Fund, which gets 90 percent of its revenue from federal gas taxes and pays for highway projects, needed an $8 billion bailout in September to keep from going bust.
Fewer auto registrations will hurt states more than the federal government because they collect the registration fees, Orski said.
And any environmental benefit from fewer cars on the road may be canceled out by drivers using older cars that spew more pollutants, said Joshua Schank, director of transportation research at Bipartisan Policy Center. Less-crowded roads are also a negative indicator for the economy, Schank said.
NEWS SOURCE
Julia and Evan Campbell, a two-car couple in Medford, will soon become a one-vehicle family. The registration on their 13-year-old Ford Ranger expired last month, and to save on insurance, fuel, and fees, they plan to sell the pickup and rely on public transit and their Honda CRV.
"Gas prices have plummeted, but that's definitely not going to last for all eternity," said Julia Campbell, 31.
The number of vehicles on US roads may shrink for the first time since the 2002 recession because of decisions like the Campbells'.
Automakers may sell just 11.7 million cars and trucks in the United States next year, according to GM's estimates, and if last year's scrap rate of 13 million holds, drivers will be pulling cars off the road faster than they're buying them.
"With everything happening, it's very likely the fleet will shrink next year," said George Magliano, an analyst at IHS Global Insight Inc., in Lexington.
The fleet has contracted only nine times in the past century, and a 10th decrease would reflect more pain for General Motors Corp., Ford Motor Co., and Chrysler LLC and smaller tax collections for road maintenance. On the other hand, the decline may unclog some freeways. Discarded autos are either sold for salvage or to motorists junking even older vehicles.
If GM's US forecast is right, the industry will sell the fewest cars since 1982 next year.
Gas prices, which peaked in July at a record $4.11 a gallon for regular, helped cut vehicle miles traveled by 3.3 percent, or 100.1 billion miles, between October 2007 and October 2008, according to the Federal Highway Administration.
A smaller fleet may accelerate that decline, said Ken Orski, a transportation-policy consultant and publisher of Innovation Briefs, an industry newsletter.
Fewer miles driven means less gas purchased, cutting funds available to fix US roads.
The $43 billion Highway Trust Fund, which gets 90 percent of its revenue from federal gas taxes and pays for highway projects, needed an $8 billion bailout in September to keep from going bust.
Fewer auto registrations will hurt states more than the federal government because they collect the registration fees, Orski said.
And any environmental benefit from fewer cars on the road may be canceled out by drivers using older cars that spew more pollutants, said Joshua Schank, director of transportation research at Bipartisan Policy Center. Less-crowded roads are also a negative indicator for the economy, Schank said.
NEWS SOURCE
Eyesore leads to $109,000 in fines, possible jail time.
Arthur Hicks was fined for failing to clean up the former Car Doctors auto salvage yard and faces jail time if he continues to ignore the property.
By NICK WERNER
nwerner@muncie.gannett.com
MUNCIE -- A Muncie man was fined $109,000 and threatened with jail time Tuesday in connection with environmental violations at a former junkyard.
Delaware Circuit Court Judge Marianne Vorhees found that Arthur Hicks Jr. had failed to comply with a July court order to clean up solid waste at the former Car Doctors auto salvage yard, 1004 S. Burlington Drive.
Vorhees fined Hicks $1,000 a day for the 109 days he had failed to comply with the order. And for every month beginning Jan. 1 that Hicks delays the cleanup, he faces a weekend in jail, Vorhees ruled.
The Star Press asked Hicks afterward whether he would begin cleaning the property to avoid weekend jail time.
"I don't do anything on the weekends anyway," he said. "They feed you, don't they?"
Hicks's stubbornness stems from his position that he no longer owns the property and shouldn't be held responsible for cleaning it up. According to Hicks, Bank One took possession of the property years ago.
Hicks' attorney, Bruce Munson, argued the bank likely declined to take title to the property out of concern over pre-existing environmental hazards, explaining why Hicks remained the owner of record.
Deputy attorney general Justin Barrett, representing the Indiana Department of Environmental Resources, produced auditors records showing Hicks had owned the property uninterrupted since 1991.
Vorhees said the state could suspend the $109,000 fine if Hicks complies with the cleanup order.
Hicks told the court he has no income outside a Social Security check.
The five-acre site is bordered by a stretch of the Cardinal Greenway.
There is a large amount of debris present across the property, including tires, auto parts, construction debris, trailers and general refuse, according to IDEM.
Potential contaminants at the site include lead, asbestos, antifreeze, gas, oil and other auto-related fluids.
Contact news reporter Nick Werner at 213-5832
NEWS SOURCE
By NICK WERNER
nwerner@muncie.gannett.com
MUNCIE -- A Muncie man was fined $109,000 and threatened with jail time Tuesday in connection with environmental violations at a former junkyard.
Delaware Circuit Court Judge Marianne Vorhees found that Arthur Hicks Jr. had failed to comply with a July court order to clean up solid waste at the former Car Doctors auto salvage yard, 1004 S. Burlington Drive.
Vorhees fined Hicks $1,000 a day for the 109 days he had failed to comply with the order. And for every month beginning Jan. 1 that Hicks delays the cleanup, he faces a weekend in jail, Vorhees ruled.
The Star Press asked Hicks afterward whether he would begin cleaning the property to avoid weekend jail time.
"I don't do anything on the weekends anyway," he said. "They feed you, don't they?"
Hicks's stubbornness stems from his position that he no longer owns the property and shouldn't be held responsible for cleaning it up. According to Hicks, Bank One took possession of the property years ago.
Hicks' attorney, Bruce Munson, argued the bank likely declined to take title to the property out of concern over pre-existing environmental hazards, explaining why Hicks remained the owner of record.
Deputy attorney general Justin Barrett, representing the Indiana Department of Environmental Resources, produced auditors records showing Hicks had owned the property uninterrupted since 1991.
Vorhees said the state could suspend the $109,000 fine if Hicks complies with the cleanup order.
Hicks told the court he has no income outside a Social Security check.
The five-acre site is bordered by a stretch of the Cardinal Greenway.
There is a large amount of debris present across the property, including tires, auto parts, construction debris, trailers and general refuse, according to IDEM.
Potential contaminants at the site include lead, asbestos, antifreeze, gas, oil and other auto-related fluids.
Contact news reporter Nick Werner at 213-5832
NEWS SOURCE
Tuesday 16 December 2008
Residents meet with Naylor to try to halt plans for proposed junkyard
By TERRY L. JONES
Residents in Irene Chapel and Palmer's Crossing are adamant - they don't want a junkyard popping up in their community.
"Rather than us progressing - which we have seen some progress - that would be a step backwards," said David Rankin, an Irene Chapel resident and community activist.
Now, Rankin and others hope they can convince the city's leaders of the same.
Residents of both neighborhoods met with Ward 5 Councilman Henry Naylor on Tuesday to express their opposition to plans for a new junkyard on nine acres of vacant property in the 100 block of Dixie Pine Road.
Tuesday's meeting came one week after the Hattiesburg Planning Commission approved a request on Dec. 3 from Hattiesburg Concrete Products for an open storage variance on the property.
City officials said Hattiesburg Concrete Products currently owns the property, but wants to sell it to developers with unpopular plans for the property's use.
According to Hattiesburg Zoning Planner Kirstin Kettley, the property's current zoning - light industrial - permits the developers to construct a recycling business.
"But they want to be able to store scrap metal cars outside," Kettley answered. "That's the only issue with the junkyard."
In a 3-1 vote, the planning commission granted developers their open storage request.
According to minutes from the meeting, the dissenting vote came from commissioner Linda McMurtrey who listed one of her primary reasons for voting against the petition was an effort to protect the existing neighborhood.
McMurtrey said opposition from the residents also influenced her vote.
The Planning Commission's decision was immediately appealed the following day by Rankin and Palmer's Crossing resident Frankie Benton.
"We are appalled by the commission's decision because the person that is wanting to locate the junkyard in the neighborhood didn't present a plan," Rankin said.
Given the problems that have played out over the years with residents in the Mobile-Bouie neighborhood and their grievances with a local junkyard in their area, Rankin said the planning commission should have tabled the issue.
Rankin and company seem to have found an ally in Councilman Naylor.
Shortly after Tuesday's meeting, Naylor released a letter to his fellow council members.
"I agree that this proposed open storage does not meet the goals of the City, or the residents, for this area of Ward 5," Naylor wrote. "I am writing to ask that you join me in opposing this request for open storage."
City Council will hear arguments from both sides during a public hearing Jan. 5.
Kettley said if the council denies the open storage petition, developers will still be able to go ahead with their plans for the recycling business.
"This is a step in the wrong direction," Rankin said. "We're hoping the council will support us in our efforts."
NEWS SOURCE
Residents in Irene Chapel and Palmer's Crossing are adamant - they don't want a junkyard popping up in their community.
"Rather than us progressing - which we have seen some progress - that would be a step backwards," said David Rankin, an Irene Chapel resident and community activist.
Now, Rankin and others hope they can convince the city's leaders of the same.
Residents of both neighborhoods met with Ward 5 Councilman Henry Naylor on Tuesday to express their opposition to plans for a new junkyard on nine acres of vacant property in the 100 block of Dixie Pine Road.
Tuesday's meeting came one week after the Hattiesburg Planning Commission approved a request on Dec. 3 from Hattiesburg Concrete Products for an open storage variance on the property.
City officials said Hattiesburg Concrete Products currently owns the property, but wants to sell it to developers with unpopular plans for the property's use.
According to Hattiesburg Zoning Planner Kirstin Kettley, the property's current zoning - light industrial - permits the developers to construct a recycling business.
"But they want to be able to store scrap metal cars outside," Kettley answered. "That's the only issue with the junkyard."
In a 3-1 vote, the planning commission granted developers their open storage request.
According to minutes from the meeting, the dissenting vote came from commissioner Linda McMurtrey who listed one of her primary reasons for voting against the petition was an effort to protect the existing neighborhood.
McMurtrey said opposition from the residents also influenced her vote.
The Planning Commission's decision was immediately appealed the following day by Rankin and Palmer's Crossing resident Frankie Benton.
"We are appalled by the commission's decision because the person that is wanting to locate the junkyard in the neighborhood didn't present a plan," Rankin said.
Given the problems that have played out over the years with residents in the Mobile-Bouie neighborhood and their grievances with a local junkyard in their area, Rankin said the planning commission should have tabled the issue.
Rankin and company seem to have found an ally in Councilman Naylor.
Shortly after Tuesday's meeting, Naylor released a letter to his fellow council members.
"I agree that this proposed open storage does not meet the goals of the City, or the residents, for this area of Ward 5," Naylor wrote. "I am writing to ask that you join me in opposing this request for open storage."
City Council will hear arguments from both sides during a public hearing Jan. 5.
Kettley said if the council denies the open storage petition, developers will still be able to go ahead with their plans for the recycling business.
"This is a step in the wrong direction," Rankin said. "We're hoping the council will support us in our efforts."
NEWS SOURCE
Zoners deadlock on junkyard expansion
Notices of violation expected to be discussed again by Marlboro board
BY REBECCA MORTON Staff Writer
According to New Jersey Zoning and Land Use Administration by William Cox, the board's tie vote on Dec. 2 does not equate to a denial or approval of the company's appeal of the zoning officer's decision based on case law from similar instances.
The section states that "unlike an application for development where an applicant seeks permission to act in a particular manner, in an application for interpretation the board is asked only to choose amongst conflicting interpretations. Thus a failure to reach a majority as to any of the possible interpretations can only be seen, logically, as failing to reach a decision as to all the possible interpretations and cannot be deemed a denial of any one of them."
The question before the zoning board involves Elaine Schechter's property at 158 Tennent Road known as Schechter Enterprises. Elaine Schechter owns Schechter Enterprises and two other businesses in Marlboro: Morganville Auto Wreckers, Spring Valley Road, and Marlboro Auto Wreckers, Tennent Road.
Following an inspection of the Schechter Enterprises property in early July, Marlboro zoning officer Sarah Paris issued two violation notices; one violation notice was for not having an 8-foot tall wall or fence set 30 feet back from the property line, and the second violation notice was for the expansion of a nonconforming use.
Junkyards are not a permitted use anywhere in Marlboro, but there are 11 pre-existing nonconforming uses as a result of a 1983 lawsuit settlement, Paris has previously explained.
On July 1 the zoning board determined that scrap metal recycling is not a permitted use at the three Schechter-owned sites and that the applicant did not have a pre-existing nonconforming use in terms of scrap metal.
Following the board's decision in July, residents of Tennent Estates reported that a pile of junk cars had been moved near the property line that Schechter Enterprises shares with their development along Tennent Road.
Paris inspected the Schechter property on July 2 and July 7 and then issued the notices of violation.
In response to those notices of violation, Schechter is seeking the zoning board's determination that a fence is not required for the Tennent Road property and that she is not expanding a nonconforming use.
Testimony on behalf of the Schechters revealed that trees were removed from the company's property near the border with Tennent Estates to make room for junk cars.
Adam Schechter, who is Elaine Schechter's son and the manager of the businesses, previously testified that 8 acres of the property is surrounded by a 4-foot-high chain link fence and that it is the enclosed area which has always been designated as the junkyard.
A document titled "Summary of area calculations
of junkyards" held in the zoning officer's file lists all of the 11 junkyards in Marlboro and their sizes for 1961, 1981 and 1984. According to the document, the Schechter Enterprises junkyard does not have a size listed for 1961; it is listed at 1.34 acres in 1981; and based on an aerial photo it is listed at 1.11 acres in 1984. Paris said it is this document on which she bases the size of each of Marlboro's junkyards.
Attorney John Giunco, representing Schechter Enterprises, previously argued that document should not be considered during the proceedings because it is not signed by the person who created it and because his client had no recollection of ever seeing the document.
Paris told a reporter after the Dec. 2 zoning board hearing that she had used the calculations document in court previously against another of Marlboro's junkyards. The municipal judge in that case accepted the document as being valid, Paris said.
The zoning board determined that the issue of a fence set 30 feet back from the Schechter Enterprises property line was not to be determined by the zoning board. The fence issue is actually a violation of licensing, the board's attorney, Michael Steib, explained during the meeting.
After hearing testimony from associates of the Schechters who said the family had always used the rear portion of the property as a junkyard, and members of the public who said they had never seen the area in question used, board members deliberated about whether the junkyard owners had expanded the non-conforming use.
A motion was made to uphold the zoning officer's notice of violation that the Schechters had expanded their non-conforming use by placing cars in the area of the cut trees. Board Vice Chairman Michael Fishman, Adrianne Spota and Jennifer Bajar voted in favor of the motion. Board members Matthew Weilheimer, Lewis Wildman and Michael Mahon voted against the motion.
The 3-3 tie meant that no majority was reached.
Residents of Tennent Estates then came to the Township Council's meeting on Dec. 4 and appealed to the mayor and council for help.
Council President Jeff Cantor explained to the residents that the council cannot comment or step in on a matter that is pending before the zoning board.
Mayor Jonathan Hornik further explained that an appeal of the zoning board's eventual decision could be brought before the Township Council, which is why no one could comment at the moment.
Testimony on the Schechter Enterprises matter is expected to be reopened during the zoning board's Dec. 16 meeting. In order for members of the board who were absent at the previous meeting to be eligible to vote they must listen to the tapes from the Dec. 2 meeting.
Contact Rebecca Morton at
marlboro@gmnews.com
NEWS SOURCE
BY REBECCA MORTON Staff Writer
According to New Jersey Zoning and Land Use Administration by William Cox, the board's tie vote on Dec. 2 does not equate to a denial or approval of the company's appeal of the zoning officer's decision based on case law from similar instances.
The section states that "unlike an application for development where an applicant seeks permission to act in a particular manner, in an application for interpretation the board is asked only to choose amongst conflicting interpretations. Thus a failure to reach a majority as to any of the possible interpretations can only be seen, logically, as failing to reach a decision as to all the possible interpretations and cannot be deemed a denial of any one of them."
The question before the zoning board involves Elaine Schechter's property at 158 Tennent Road known as Schechter Enterprises. Elaine Schechter owns Schechter Enterprises and two other businesses in Marlboro: Morganville Auto Wreckers, Spring Valley Road, and Marlboro Auto Wreckers, Tennent Road.
Following an inspection of the Schechter Enterprises property in early July, Marlboro zoning officer Sarah Paris issued two violation notices; one violation notice was for not having an 8-foot tall wall or fence set 30 feet back from the property line, and the second violation notice was for the expansion of a nonconforming use.
Junkyards are not a permitted use anywhere in Marlboro, but there are 11 pre-existing nonconforming uses as a result of a 1983 lawsuit settlement, Paris has previously explained.
On July 1 the zoning board determined that scrap metal recycling is not a permitted use at the three Schechter-owned sites and that the applicant did not have a pre-existing nonconforming use in terms of scrap metal.
Following the board's decision in July, residents of Tennent Estates reported that a pile of junk cars had been moved near the property line that Schechter Enterprises shares with their development along Tennent Road.
Paris inspected the Schechter property on July 2 and July 7 and then issued the notices of violation.
In response to those notices of violation, Schechter is seeking the zoning board's determination that a fence is not required for the Tennent Road property and that she is not expanding a nonconforming use.
Testimony on behalf of the Schechters revealed that trees were removed from the company's property near the border with Tennent Estates to make room for junk cars.
Adam Schechter, who is Elaine Schechter's son and the manager of the businesses, previously testified that 8 acres of the property is surrounded by a 4-foot-high chain link fence and that it is the enclosed area which has always been designated as the junkyard.
A document titled "Summary of area calculations
of junkyards" held in the zoning officer's file lists all of the 11 junkyards in Marlboro and their sizes for 1961, 1981 and 1984. According to the document, the Schechter Enterprises junkyard does not have a size listed for 1961; it is listed at 1.34 acres in 1981; and based on an aerial photo it is listed at 1.11 acres in 1984. Paris said it is this document on which she bases the size of each of Marlboro's junkyards.
Attorney John Giunco, representing Schechter Enterprises, previously argued that document should not be considered during the proceedings because it is not signed by the person who created it and because his client had no recollection of ever seeing the document.
Paris told a reporter after the Dec. 2 zoning board hearing that she had used the calculations document in court previously against another of Marlboro's junkyards. The municipal judge in that case accepted the document as being valid, Paris said.
The zoning board determined that the issue of a fence set 30 feet back from the Schechter Enterprises property line was not to be determined by the zoning board. The fence issue is actually a violation of licensing, the board's attorney, Michael Steib, explained during the meeting.
After hearing testimony from associates of the Schechters who said the family had always used the rear portion of the property as a junkyard, and members of the public who said they had never seen the area in question used, board members deliberated about whether the junkyard owners had expanded the non-conforming use.
A motion was made to uphold the zoning officer's notice of violation that the Schechters had expanded their non-conforming use by placing cars in the area of the cut trees. Board Vice Chairman Michael Fishman, Adrianne Spota and Jennifer Bajar voted in favor of the motion. Board members Matthew Weilheimer, Lewis Wildman and Michael Mahon voted against the motion.
The 3-3 tie meant that no majority was reached.
Residents of Tennent Estates then came to the Township Council's meeting on Dec. 4 and appealed to the mayor and council for help.
Council President Jeff Cantor explained to the residents that the council cannot comment or step in on a matter that is pending before the zoning board.
Mayor Jonathan Hornik further explained that an appeal of the zoning board's eventual decision could be brought before the Township Council, which is why no one could comment at the moment.
Testimony on the Schechter Enterprises matter is expected to be reopened during the zoning board's Dec. 16 meeting. In order for members of the board who were absent at the previous meeting to be eligible to vote they must listen to the tapes from the Dec. 2 meeting.
Contact Rebecca Morton at
marlboro@gmnews.com
NEWS SOURCE
Bid rejected for former ‘junkyard’ on Orchard St.
Borough will tackle environmental cleanup
By SALLY CAPONE, Staff Writer
MADISON – While the borough is anxious to get money from the sale of vacant property on Orchard Street, a selling price of $200,000 just wasn’t enough.
After a bidding process on Friday, Dec. 5, that brought out more borough officials than bidders to the public auction for a .57-acre vacant lot at 22 Orchard St., the Borough Council rejected the highest bid of $200,000 at its meeting Monday, Dec. 8.
The council unanimously rejected the bid in a resolution for the sale of the municipally owned property, which has been vacant for several years at the corner of Orchard Street and Strickland Place.
“The borough had reserved the right to reject the highest bid, which came in substantially lower than the appraisal,” said Borough Attorney Joseph Mezzacca Jr.
Two Bidders
At 10 a.m. Dec. 5, Room 320 at the former Bayley-Ellard Catholic High School off Madison Avenue – which is serving as “borough hall” during extensive renovations to the Hartley Dodge Memorial municipal building on Kings Road - was nearly empty as Robert Kalafut, borough chief financial officer, began the bidding process at $200,000.
The two bidders, Robert Roselli of Morris Plains and president of the Emerald Investing and Consulting Group, and Louis Riccio, director of the Madison Housing Authority, remained silent.
Kalafut then dropped the amount to $100,000 before increasing it in increments of $10,000.
The bidding went back and forth between Roselli and Riccio, who stopped at $190,000, giving the winning bid to Roselli.
After signing the contract, Roselli gave a $25,000 check to Mezzacca for deposit in a trust account.
In addition to Mezzacca and Kalafut, Mayor Mary-Anna Holden and Main Street Executive Director James Burnet sat in on the proceedings.
The property, which had previously been occupied by the Guerriero Paving Company, is an environmentally unsound half-acre corner lot that has long been the bane of surrounding neighbors, who called it a “junkyard” and a “dump.”
They have complained over the years that the property is at best an eyesore and at worst a health hazard.
At Friday’s auction, only one neighbor showed up, Joseph Mottola, a longtime resident of Orchard Street.
“It’s a steal for $200,000, even with the cleanup,” he remarked.
Mottola noted that there had been lots of activity around the lots during the past week, with potential buyers “stopping and looking” at the property. But that’s as far as it went, apparently, considering the sparseness of bidders.
If the bid had been approved by the council, Roselli was planning to build two homes on the property, which would have relieved neighbors, who have expressed fears that the Madison Housing Authority would get the lots and build affordable housing.
“It’s a gamble; I don’t know what the cost will be to bring the property up to standards,” Roselli indicated Dec. 5.
A 2007 remedial analysis by the Environmental Engineering Corporation estimated the cleanup could cost $195,000.
That figure decreased the original appraisal, said Borough Administrator Raymond Codey.
Borough To Clean Up
The borough now plans to apply to the state Department of Environmental Protection for so-called “brownfield” money to rehabilitate the property on its own before beginning the bidding process again, Codey explained.
In any case, re-bidding won’t begin again until after the holidays, he said.
The initial appraisal for the three-lot property, zoned for two homes, was $700,000, Codey said.
If the lots were rezoned for three homes, the appraisal price would increase to $900,000, he said.
In either case, $190,000 for a cleanup would be deducted, Codey said.
Neighbors have long protested the property constitutes a health hazard, citing oil that had seeped into the soil among other conditions, and officials said the buyer would be contractually responsible to undertake an immediate cleanup.
According to the contract, on closing, the buyer would be given 14 days to complete a surface cleanup and erect a fence around the property.
Also, if the buyer doesn’t adhere to further 18-month cleanup requirements in the contract, the borough would regain the property at the full purchase price.
The municipality acquired the property in 2004 in a foreclosure for more than $140,000 in back taxes.
NEWS SOURCE
By SALLY CAPONE, Staff Writer
MADISON – While the borough is anxious to get money from the sale of vacant property on Orchard Street, a selling price of $200,000 just wasn’t enough.
After a bidding process on Friday, Dec. 5, that brought out more borough officials than bidders to the public auction for a .57-acre vacant lot at 22 Orchard St., the Borough Council rejected the highest bid of $200,000 at its meeting Monday, Dec. 8.
The council unanimously rejected the bid in a resolution for the sale of the municipally owned property, which has been vacant for several years at the corner of Orchard Street and Strickland Place.
“The borough had reserved the right to reject the highest bid, which came in substantially lower than the appraisal,” said Borough Attorney Joseph Mezzacca Jr.
Two Bidders
At 10 a.m. Dec. 5, Room 320 at the former Bayley-Ellard Catholic High School off Madison Avenue – which is serving as “borough hall” during extensive renovations to the Hartley Dodge Memorial municipal building on Kings Road - was nearly empty as Robert Kalafut, borough chief financial officer, began the bidding process at $200,000.
The two bidders, Robert Roselli of Morris Plains and president of the Emerald Investing and Consulting Group, and Louis Riccio, director of the Madison Housing Authority, remained silent.
Kalafut then dropped the amount to $100,000 before increasing it in increments of $10,000.
The bidding went back and forth between Roselli and Riccio, who stopped at $190,000, giving the winning bid to Roselli.
After signing the contract, Roselli gave a $25,000 check to Mezzacca for deposit in a trust account.
In addition to Mezzacca and Kalafut, Mayor Mary-Anna Holden and Main Street Executive Director James Burnet sat in on the proceedings.
The property, which had previously been occupied by the Guerriero Paving Company, is an environmentally unsound half-acre corner lot that has long been the bane of surrounding neighbors, who called it a “junkyard” and a “dump.”
They have complained over the years that the property is at best an eyesore and at worst a health hazard.
At Friday’s auction, only one neighbor showed up, Joseph Mottola, a longtime resident of Orchard Street.
“It’s a steal for $200,000, even with the cleanup,” he remarked.
Mottola noted that there had been lots of activity around the lots during the past week, with potential buyers “stopping and looking” at the property. But that’s as far as it went, apparently, considering the sparseness of bidders.
If the bid had been approved by the council, Roselli was planning to build two homes on the property, which would have relieved neighbors, who have expressed fears that the Madison Housing Authority would get the lots and build affordable housing.
“It’s a gamble; I don’t know what the cost will be to bring the property up to standards,” Roselli indicated Dec. 5.
A 2007 remedial analysis by the Environmental Engineering Corporation estimated the cleanup could cost $195,000.
That figure decreased the original appraisal, said Borough Administrator Raymond Codey.
Borough To Clean Up
The borough now plans to apply to the state Department of Environmental Protection for so-called “brownfield” money to rehabilitate the property on its own before beginning the bidding process again, Codey explained.
In any case, re-bidding won’t begin again until after the holidays, he said.
The initial appraisal for the three-lot property, zoned for two homes, was $700,000, Codey said.
If the lots were rezoned for three homes, the appraisal price would increase to $900,000, he said.
In either case, $190,000 for a cleanup would be deducted, Codey said.
Neighbors have long protested the property constitutes a health hazard, citing oil that had seeped into the soil among other conditions, and officials said the buyer would be contractually responsible to undertake an immediate cleanup.
According to the contract, on closing, the buyer would be given 14 days to complete a surface cleanup and erect a fence around the property.
Also, if the buyer doesn’t adhere to further 18-month cleanup requirements in the contract, the borough would regain the property at the full purchase price.
The municipality acquired the property in 2004 in a foreclosure for more than $140,000 in back taxes.
NEWS SOURCE
Orange commissioners ready to penalize Vidor sites using salvage yard regs
By MARGARET TOAL
Old cars stick out on the street right-of-way and a metal fence has fallen down in spots.
Three sites outside Vidor don't look the way Orange County Commissioners wanted junkyards and salvage yards to look when they created new regulations earlier this year.
So Monday, Commissioners Court voted unanimously to file misdemeanor charges and to consider civil litigation against two brothers who own the sites. The Class C misdemeanor offense can carry a maximum fine of $500 per day of violation of the county regulations.
"I don't think he's going to make any move at all unless we put his feet to the fire," said Precinct 4 Commissioner Beamon Minton, who represents Vidor.
He made the comment about the site known as Bobby's Garage, 2505 N. Main at the corner of Simmons Street in Vidor. County Engineer Les Anderson said the site is owned by Bobby Vincent.
Anderson said he sent certified letters Aug. 15 regarding all three sites and another one in November asking that Bobby's Garage comply with the junkyard regulations passed on May 5. As an option, Bobby Vincent was allowed to give proof on why he should be exempt from the regulations. Anderson said Vincent never applied.
Another site commissioners will take action against is at 2695 Main St. in Vidor. Anderson said that site is owned by James Vincent, who originally obtained a county license and paid the $300 fee associated with it.
But the gate to the business was torn off and hasn't been fixed, even though the owner has been sent letters, Anderson said.
Commissioners voted to suspend the county license and make James Vincent apply for another one, paying the full fee, when the business reaches compliance.
The third site is at 320 Greathouse Road in Vidor. Anderson said the address is listed as the home and mailing address of Bobby and James Vincent.
Precinct 3 Commissioner John Dubose said old cars on the property are on road right-of-way and school bus drivers have called the county to get the old cars moved so buses can travel on the road.
The county regulations apply to junkyards and salvage yards outside of city limits. The regulations were created after people living nearby complained.
Woody Duhon of Vidor, who had pushed for the regulations, thanked commissioners for enforcing the rules.
In other business, Commissioners Court agreed to keep the Dec. 31 deadline to get all residential debris from Hurricane Ike to the curb. County Judge Carl Thibodeaux said a deadline must be set sometime.
The county's debris contractor, Ash-Britt, will finish picking up the residential debris by Jan. 31.
NEWS SOURCE
Old cars stick out on the street right-of-way and a metal fence has fallen down in spots.
Three sites outside Vidor don't look the way Orange County Commissioners wanted junkyards and salvage yards to look when they created new regulations earlier this year.
So Monday, Commissioners Court voted unanimously to file misdemeanor charges and to consider civil litigation against two brothers who own the sites. The Class C misdemeanor offense can carry a maximum fine of $500 per day of violation of the county regulations.
"I don't think he's going to make any move at all unless we put his feet to the fire," said Precinct 4 Commissioner Beamon Minton, who represents Vidor.
He made the comment about the site known as Bobby's Garage, 2505 N. Main at the corner of Simmons Street in Vidor. County Engineer Les Anderson said the site is owned by Bobby Vincent.
Anderson said he sent certified letters Aug. 15 regarding all three sites and another one in November asking that Bobby's Garage comply with the junkyard regulations passed on May 5. As an option, Bobby Vincent was allowed to give proof on why he should be exempt from the regulations. Anderson said Vincent never applied.
Another site commissioners will take action against is at 2695 Main St. in Vidor. Anderson said that site is owned by James Vincent, who originally obtained a county license and paid the $300 fee associated with it.
But the gate to the business was torn off and hasn't been fixed, even though the owner has been sent letters, Anderson said.
Commissioners voted to suspend the county license and make James Vincent apply for another one, paying the full fee, when the business reaches compliance.
The third site is at 320 Greathouse Road in Vidor. Anderson said the address is listed as the home and mailing address of Bobby and James Vincent.
Precinct 3 Commissioner John Dubose said old cars on the property are on road right-of-way and school bus drivers have called the county to get the old cars moved so buses can travel on the road.
The county regulations apply to junkyards and salvage yards outside of city limits. The regulations were created after people living nearby complained.
Woody Duhon of Vidor, who had pushed for the regulations, thanked commissioners for enforcing the rules.
In other business, Commissioners Court agreed to keep the Dec. 31 deadline to get all residential debris from Hurricane Ike to the curb. County Judge Carl Thibodeaux said a deadline must be set sometime.
The county's debris contractor, Ash-Britt, will finish picking up the residential debris by Jan. 31.
NEWS SOURCE
Commission hears salvage yard owner comments
Benny Polacca, The Forum
A rural Cass County salvage yard owner told county commissioners he was defending himself when he got angry at law enforcement officials when they contacted him twice about nuisances on his property earlier this year.
David Habiger, who lives near Amenia, told the Cass County Commission on Monday that he believes authorities “have bigger fish to fry.”
He then went on to criticize the food being served in the Cass County Jail, where he was taken by law enforcement after he allegedly interfered with the state Department of Health’s summer inspection of his property.
Habiger was arrested during a June search of his salvage yard that was a concern for state health officials. He is accused of knocking the papers from the hands of one of the health inspectors.
Habiger was also arrested on disorderly conduct charges and hindering law enforcement Dec. 3 after county law enforcement officials sought to remove two “junk” cars off his property. The city of Casselton sought the order to remove the two vehicles, which had expired licenses.
“People thought I was being unreasonable. The bottom line is I did defend myself,” he said.
Now-retired Cass County District Court Judge Cynthia Rothe-Seeger ruled last month that the June search of Habiger’s property was illegal. Habiger referred to several county law enforcement officials while he spoke.
The commission took no action on Habiger’s comments.
“I don’t know if this is the place you can discuss this issue,” commission Chairwoman Robyn Sorum told Habiger.
Commissioner Vern Bennett said he could not let Habiger’s comments about the jail’s “garbage food” go. Two days after he became aware of Habiger’s comments in July, he made an unannounced visit to the jail and requested and paid for a meal.
“I can say I enjoyed the meal,” he said adding that the meal was photographed.
Readers can reach Forum reporter Benny Polacca at (701) 241-5504
NEWS SOURCE
A rural Cass County salvage yard owner told county commissioners he was defending himself when he got angry at law enforcement officials when they contacted him twice about nuisances on his property earlier this year.
David Habiger, who lives near Amenia, told the Cass County Commission on Monday that he believes authorities “have bigger fish to fry.”
He then went on to criticize the food being served in the Cass County Jail, where he was taken by law enforcement after he allegedly interfered with the state Department of Health’s summer inspection of his property.
Habiger was arrested during a June search of his salvage yard that was a concern for state health officials. He is accused of knocking the papers from the hands of one of the health inspectors.
Habiger was also arrested on disorderly conduct charges and hindering law enforcement Dec. 3 after county law enforcement officials sought to remove two “junk” cars off his property. The city of Casselton sought the order to remove the two vehicles, which had expired licenses.
“People thought I was being unreasonable. The bottom line is I did defend myself,” he said.
Now-retired Cass County District Court Judge Cynthia Rothe-Seeger ruled last month that the June search of Habiger’s property was illegal. Habiger referred to several county law enforcement officials while he spoke.
The commission took no action on Habiger’s comments.
“I don’t know if this is the place you can discuss this issue,” commission Chairwoman Robyn Sorum told Habiger.
Commissioner Vern Bennett said he could not let Habiger’s comments about the jail’s “garbage food” go. Two days after he became aware of Habiger’s comments in July, he made an unannounced visit to the jail and requested and paid for a meal.
“I can say I enjoyed the meal,” he said adding that the meal was photographed.
Readers can reach Forum reporter Benny Polacca at (701) 241-5504
NEWS SOURCE
Monday 15 December 2008
Rogue tow truck drivers steal cars, sell them for scrap
Rogue drivers steal, sell vehicles
Leila Atassi
Plain Dealer Reporter
On a cold, soggy fall morning, a tow truck driver hauling a beat-up 1988 Mazda RX-7 steered slowly through the muddy entrance of a scrap yard on Cleveland's East Side.
A security guard who never left the warmth of the cab of his pickup truck glanced up from a crossword puzzle and nodded in recognition at the driver. The young man behind the wheel stopped the truck on a platform to weigh his cargo, and pulled from the console a tattered car title - for a 1992 Pontiac Bonneville.
He slid the document - one he says he has copied and used many times before - into a drop-box, fulfilling the state law requiring a title with every scrapped car. He hauled the Mazda to the back of the lot, unhinged it near the scrap yard's car crusher and returned to the gate to await his payment - $250 in cash.
City officials reversed course in October and told police to resume enforcing the local rules. Officials did not return calls for comment on the reason why it was lifted.
LeSuer said the directive had frustrated her investigative team, which already was spread thin across scores of scrap yards in the city.
"Our hands were tied for almost a year," LeSuer said. "Anything that helps make this job a bit easier is a great thing. This ban took away a tool our officers could use to investigate something they believed looked suspicious. It goes a lot deeper than just one silly ordinance you can't enforce."
People running legitimate towing businesses say the thieves have tarnished the industry. The rogues often operate without the proper licenses and equipment.
The PUCO, which regulates for-hire tow truck operations, frequently audits those who play by the rules and are properly registered, said Don Mesaros, president of the Towing and Recovery Association of Ohio. Meanwhile, thieves operate unchecked, undermining the integrity of the profession, he said.
In recent years, the towing association has included in its newsletters forms for members to report all kinds of unscrupulous business practices, Mesaros said. The association forwards the complaints to the PUCO.
To scrap a car in Ohio, it must be accompanied by the vehicle's title. Within 10 days of receiving the car, a scrap metal processor must mark the title "To Be Canceled" and forward it to the clerk of court who issued it. The clerk then notifies the registrar of the cancellation, and the scrap metal dealer must keep a copy of the canceled title on file for three years.
If the seller of the scrap car is not the titled owner, the dealer's record should include the seller's name and address, an ID number from the seller's driver's license, a physical description of the seller and the seller's expenditures for the vehicle.
In some states, such as New York, the law requires those selling cars as scrap to submit an additional layer of paperwork. But those systems aren't perfect. Scrap yards and tow truck operators dealing in stolen cars don't plan to follow protocol anyway, said a spokesman for the New York Department of Motor Vehicles. In the end, the problem falls on law enforcement.
A Plain Dealer reporter witnessed the illegal sale while riding along with a tow truck operator to see how easy it is to sell a car for scrap without the necessary paperwork. The relationship between some tow truck operators and unscrupulous scrap dealers underlies a car theft epidemic hitting major cities across the country, including Chicago, Charlotte, N.C., Detroit and San Diego.
Rogue tow truck drivers scout city streets and highways for cars left unattended or disabled, police say. Then they tow the car; passersby have no reason to doubt their motives. And they sell it as scrap metal to be crushed and cubed before the owner even realizes it's gone.
The practice, which fluctuates with the price of scrap metal, is difficult to quantify and even harder to stop, said Lt. Jean Le- Suer of the Cleveland Police Department's Auto Theft Unit.
Car thieves steal more than 6,000 cars a year in Cleveland. Police don't know how many of these can be attributed to tow truck drivers. Not all cases are routed to auto theft detectives who keep records of the crimes; many of the investigations remain in the police districts where the theft occurred, LeSuer said.
Stolen vehicles can be destroyed more quickly than police can track them down. And new technology allows tow truck drivers to back up to a car and hook it with a push of a button --without ever leaving the tow truck's cab.
The strongest tool for prevention becomes an officer's intuition, LeSuer said. City law gives police power to stop a tow truck driver at any time and request to see paperwork authorizing a tow.
But for the past year, the city of Cleveland might have inadvertently made it easier for thieves to steal cars.
From December 2007 until mid-October, police were under instructions from the city Law Department not to enforce the tow-truck ordinance, LeSuer said.
The directive explained that a state law passed in 2003 "has delegated to the Public Utilities Commission authority to regulate and supervise motor transportation companies to the exclusion of local authorities."
Consequently, the courts dismissed citations written for violations to the city ordinance, and until the Law Department could review the issue, police were told not to enforce it.
No one understands the frustration better than Lt. LeSuer and her three auto theft investigators. The team conducts scrap yard inspections several times a month, trying to trace vehicle identification numbers on cars mashed into cubes. About one in 10 trips turns up a vehicle identification number from a stolen car, she said. It's a hazardous job -- crawling around on unstable rubble.
"It's a mess, and it's dangerous," she said. "We catch some, but these people are mindful that this could happen. They know their business is open to police, and that we can show up at any time. It behooves them to get rid of the stolen VIN as quickly as possible. And the truth is, we can only check what we can see in a giant pile of crushed cars."
To reach this Plain Dealer reporter:
latassi@plaind.com, 216-999-4549
Leila Atassi
Plain Dealer Reporter
On a cold, soggy fall morning, a tow truck driver hauling a beat-up 1988 Mazda RX-7 steered slowly through the muddy entrance of a scrap yard on Cleveland's East Side.
A security guard who never left the warmth of the cab of his pickup truck glanced up from a crossword puzzle and nodded in recognition at the driver. The young man behind the wheel stopped the truck on a platform to weigh his cargo, and pulled from the console a tattered car title - for a 1992 Pontiac Bonneville.
He slid the document - one he says he has copied and used many times before - into a drop-box, fulfilling the state law requiring a title with every scrapped car. He hauled the Mazda to the back of the lot, unhinged it near the scrap yard's car crusher and returned to the gate to await his payment - $250 in cash.
City officials reversed course in October and told police to resume enforcing the local rules. Officials did not return calls for comment on the reason why it was lifted.
LeSuer said the directive had frustrated her investigative team, which already was spread thin across scores of scrap yards in the city.
"Our hands were tied for almost a year," LeSuer said. "Anything that helps make this job a bit easier is a great thing. This ban took away a tool our officers could use to investigate something they believed looked suspicious. It goes a lot deeper than just one silly ordinance you can't enforce."
People running legitimate towing businesses say the thieves have tarnished the industry. The rogues often operate without the proper licenses and equipment.
The PUCO, which regulates for-hire tow truck operations, frequently audits those who play by the rules and are properly registered, said Don Mesaros, president of the Towing and Recovery Association of Ohio. Meanwhile, thieves operate unchecked, undermining the integrity of the profession, he said.
In recent years, the towing association has included in its newsletters forms for members to report all kinds of unscrupulous business practices, Mesaros said. The association forwards the complaints to the PUCO.
To scrap a car in Ohio, it must be accompanied by the vehicle's title. Within 10 days of receiving the car, a scrap metal processor must mark the title "To Be Canceled" and forward it to the clerk of court who issued it. The clerk then notifies the registrar of the cancellation, and the scrap metal dealer must keep a copy of the canceled title on file for three years.
If the seller of the scrap car is not the titled owner, the dealer's record should include the seller's name and address, an ID number from the seller's driver's license, a physical description of the seller and the seller's expenditures for the vehicle.
In some states, such as New York, the law requires those selling cars as scrap to submit an additional layer of paperwork. But those systems aren't perfect. Scrap yards and tow truck operators dealing in stolen cars don't plan to follow protocol anyway, said a spokesman for the New York Department of Motor Vehicles. In the end, the problem falls on law enforcement.
A Plain Dealer reporter witnessed the illegal sale while riding along with a tow truck operator to see how easy it is to sell a car for scrap without the necessary paperwork. The relationship between some tow truck operators and unscrupulous scrap dealers underlies a car theft epidemic hitting major cities across the country, including Chicago, Charlotte, N.C., Detroit and San Diego.
Rogue tow truck drivers scout city streets and highways for cars left unattended or disabled, police say. Then they tow the car; passersby have no reason to doubt their motives. And they sell it as scrap metal to be crushed and cubed before the owner even realizes it's gone.
The practice, which fluctuates with the price of scrap metal, is difficult to quantify and even harder to stop, said Lt. Jean Le- Suer of the Cleveland Police Department's Auto Theft Unit.
Car thieves steal more than 6,000 cars a year in Cleveland. Police don't know how many of these can be attributed to tow truck drivers. Not all cases are routed to auto theft detectives who keep records of the crimes; many of the investigations remain in the police districts where the theft occurred, LeSuer said.
Stolen vehicles can be destroyed more quickly than police can track them down. And new technology allows tow truck drivers to back up to a car and hook it with a push of a button --without ever leaving the tow truck's cab.
The strongest tool for prevention becomes an officer's intuition, LeSuer said. City law gives police power to stop a tow truck driver at any time and request to see paperwork authorizing a tow.
But for the past year, the city of Cleveland might have inadvertently made it easier for thieves to steal cars.
From December 2007 until mid-October, police were under instructions from the city Law Department not to enforce the tow-truck ordinance, LeSuer said.
The directive explained that a state law passed in 2003 "has delegated to the Public Utilities Commission authority to regulate and supervise motor transportation companies to the exclusion of local authorities."
Consequently, the courts dismissed citations written for violations to the city ordinance, and until the Law Department could review the issue, police were told not to enforce it.
No one understands the frustration better than Lt. LeSuer and her three auto theft investigators. The team conducts scrap yard inspections several times a month, trying to trace vehicle identification numbers on cars mashed into cubes. About one in 10 trips turns up a vehicle identification number from a stolen car, she said. It's a hazardous job -- crawling around on unstable rubble.
"It's a mess, and it's dangerous," she said. "We catch some, but these people are mindful that this could happen. They know their business is open to police, and that we can show up at any time. It behooves them to get rid of the stolen VIN as quickly as possible. And the truth is, we can only check what we can see in a giant pile of crushed cars."
To reach this Plain Dealer reporter:
latassi@plaind.com, 216-999-4549
Scrap Yard Plan in Cedar Rapids Fails to Win Approval
By Dave Franzman, Reporter
CEDAR RAPIDS - A plan to locate a scrap metal recycling business in southwest Cedar Rapids didn't get any support from the city's Board of Adjustment on Monday.
A-Line Iron and Metal of Waterloo hoped to build a salvage yard at 2525 12th Street S.W. The facility, planned for an industrial-zoned area, would have employed up to 30 people eventually.
But the location was right in the backyard of radio stations KZIA-FM and KGYM-AM. And owners of the stations orchestrated a campaign to opposed the scrap yard including on-air public service type ads and commentary on the station's web site.
A-Line needed a conditional use permit from the city's Board of Adjustment to proceed with the plan. And one executive from a neighboring business spoke in favor.
Mark Hanson of Altorfer, Inc. said "we'd like to encourage the granting of a conditional use permit to A-Line Iron and Metal--we sell scrap to A-Line and we've found them to be a solid company..."
Other proponents, including company owner Kyle Stone, promised to screen any operations and insisted the noise off site would not be exceptionally loud.
But radio station owners, and others, argued it's almost impossible to disguise a scrap yard. And they told board members it was the kind of business that didn't belong in an area with light industry and nearby homes.
The Board of Adjustment bought that argument and agreed unanimously to turn down the request.
Radio station president Eliot Keller said "I'd like to see A-Line come to town. It sounds like they would be an asset to the community. But they need to find a place that's appropriate for the type of work they're going to be doing."
In turning down the request from the Waterloo company, Board of Adjustment members also indicated the decision might be different if the company sought a permit in an area closer to other scrap yards.
The only way to appeal Monday's board decision would be to go to court.
One engineer working for the Waterloo company said there was no decision about an appeal or about looking to locate the same project elsewhere.
NEWS SOURCE
CEDAR RAPIDS - A plan to locate a scrap metal recycling business in southwest Cedar Rapids didn't get any support from the city's Board of Adjustment on Monday.
A-Line Iron and Metal of Waterloo hoped to build a salvage yard at 2525 12th Street S.W. The facility, planned for an industrial-zoned area, would have employed up to 30 people eventually.
But the location was right in the backyard of radio stations KZIA-FM and KGYM-AM. And owners of the stations orchestrated a campaign to opposed the scrap yard including on-air public service type ads and commentary on the station's web site.
A-Line needed a conditional use permit from the city's Board of Adjustment to proceed with the plan. And one executive from a neighboring business spoke in favor.
Mark Hanson of Altorfer, Inc. said "we'd like to encourage the granting of a conditional use permit to A-Line Iron and Metal--we sell scrap to A-Line and we've found them to be a solid company..."
Other proponents, including company owner Kyle Stone, promised to screen any operations and insisted the noise off site would not be exceptionally loud.
But radio station owners, and others, argued it's almost impossible to disguise a scrap yard. And they told board members it was the kind of business that didn't belong in an area with light industry and nearby homes.
The Board of Adjustment bought that argument and agreed unanimously to turn down the request.
Radio station president Eliot Keller said "I'd like to see A-Line come to town. It sounds like they would be an asset to the community. But they need to find a place that's appropriate for the type of work they're going to be doing."
In turning down the request from the Waterloo company, Board of Adjustment members also indicated the decision might be different if the company sought a permit in an area closer to other scrap yards.
The only way to appeal Monday's board decision would be to go to court.
One engineer working for the Waterloo company said there was no decision about an appeal or about looking to locate the same project elsewhere.
NEWS SOURCE
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