Public Safety Committee

ALBANY COMMON COUNCIL PUBLIC SAFETY COMMITTEE MINUTES Thomas Hoey, Chair Meeting called by: Thomas Hoey, Chair | Date: February 6, 2023 | Time: 5:33 PM Committee Members Present: Hoey, Chair ☒ | Balarin ☒ | Flynn ☒ | Frederick ☒ | Kimbrough ☒ Council Members Present: Adams, Anane, Johnson City Personnel Present: Kathy Sheehan (Mayor), David Galin (Chief of Staff), Brett Williams (Senior Assistant Corporation Counsel), Sean Palladino (Acting Director, Albany Parking Authority), Doug Case (Director of Enforcement, Albany Parking Authority), Commander Darrell Gipson (Albany Police Department), Lieutenant Melissa Morey (Albany Police Department), Investigator Graig Whitney (Albany Police Department), Sergeant Jimm Lewis (Albany Police Department), Shaniqua Jackson (City Clerk), Jake Eisland (Research Counsel), Bryan Jimenez (Senior Legislative Aide), Max Thierry (Junior Policy Analyst) Speakers/Invitees: Kathy Sheehan (Mayor), Joseph Dott (Dott Garage), John Sweeter (Pearlman’s Towing), Louis Cicciari (Pearlman’s Towing), Kevin Willsey (Capital District Towing), Sean Palladino (Acting Director, Albany Parking Authority), Commander Darrell Gipson (Albany Police Department), Lieutenant Melissa Morey (Albany Police Department), Investigator Graig Whitney (Albany Police Department), Sergeant Jimm Lewis (Albany Police Department) Minutes Topic(s) of Discussion:  ORDINANCE 1.12.24 AN ORDINANCE AMENDING SECTION 353-63 (“MAXIMUM CHARGES”) OF CHAPTTER 353 (“VEHICLES FOR HIRE”) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCREASING THE MAXIMUM FEE TOW TRUCK OPERATORS MAY CHARGE FOR TOWS NOT REQUESTED BY THE OWNER OF THE VEHICLE TO BE TOWED Discussion  The Chair called the meeting to order and introduced Ordinance 1.12.24 as the topic of discussion.  Ordinance 1.12.24 o The Chair recognized Councilmember Flynn. o Councilmember Flynn spoke on his support for the legislation. o The Chair recognized Mayor Kathy Sheehan. o Mayor Sheehan spoke on her support for the legislation, stating that circumstances had changed since the proposed towing and storage fee increases in 2019. She spoke on shifting the burden of tows to residents and taxpayers. She stated that the proposed towing and storage fees were comparable to other municipalities. She said that towing and storage costs would not be sustainable if services were brought into the City. She said that the legislation would impact residents who impinge public safety. o The Chair thanked Mayor Sheehan and recognized former First Ward Councilmember Dominick Calsolaro. o Calsolaro voiced his opposition to the legislation and said that the proposed fee increases were too much to enact all at once. He said the increases would disproportionately affect lower wards, whose residents have less access to both off-street parking and the funds needed to pay the increased fees. o The Chair thanked Calsolaro and recognized Councilmember Flynn. o Councilmember Flynn asked Calsolaro whether he thought the City and the Albany Parking Authority needed to update alternate-side parking restrictions and signage, to which Calsolaro responded that in some neighborhoods, violations may be alleviated by updating parking restrictions and signage. o Councilmember Hoey asked Calsolaro whether driving a car was a right or a privilege, to which Calsolaro responded.  Councilmember Hoey shared personal experiences and said that maintaining public right of way is important. o The Chair recognized Councilmember Kimbrough. o Councilmember Kimbrough asked Calsolaro what a more reasonable percentage increase would look like, to which Calsolaro responded that a 23-24% increase spread over time and revisited every few years was more reasonable. o The Chair recognized that Councilmember Adams had joined the meeting. o The Chair recognized Councilmember Balarin. o Councilmember Balarin spoke on the economic necessity of driving. He asked Calsolaro about reasonable increases to towing and storage fees, to which Calsolaro responded by stating that comparing Albany to surrounding suburban municipalities to determine fees was unfair largely due to residents’ access to off-street parking.  Councilmember Balarin asked Calsolaro about a potential compromise at a $125 towing fee, to which Calsolaro responded. Councilmember Balarin thanked Calsolaro. o The Chair asked whether councilmembers had any further questions for Calsolaro before recognizing Joseph Dott. o Dott compared the towing and storage fees set in City Code to the amount of kickbacks that the City collects from towing companies whether or not fees are paid by vehicle owners. He spoke on municipal towing efforts and the differences in responsibilities between in-house towing and contracting services to towing companies. He said that contractors must tow and impound vehicles, determine whether fees have been paid, collect fees, and release vehicles. He spoke on the liability associated with towing vehicles and the challenges associated with finding employees. He spoke on hidden costs associated with towing. He advocated for reopening a traffic division under APD to help manage vehicle owners. o Councilmember Hoey asked Dott about reimbursement for vehicles involved in crimes, to which Dott responded with information on vehicle holding and storage procedures. He said that vehicle owners could not be charged for storage and said that there were liabilities associated with holding vehicles.  Councilmember Hoey asked Dott about the liabilities and difficulties associated with towing all-wheel drive and electric vehicles, to which Dott responded. o The Chair thanked Dott and recognized Councilmember Frederick. o Councilmember Frederick asked Dott about towing fees in circumstances in which the driver is not at fault, to which Dott responded that the legislation was limited to calls initiated by APD.  Councilmember Frederick asked Dott for clarification on the kickbacks collected by the City on APD-initiated calls, to which Dott responded.  Councilmember Frederick asked Dott for clarification on the scope of the legislation with respect to private insurance calls, to which Dott responded.  Councilmember Frederick asked Dott for clarification on SUNY’s towing fees, to which Dott responded that the City of Albany was the only municipality that uses towing as a revenue source.  Councilmember Frederick thanked Dott. o The Chair recognized Councilmember Johnson. o Councilmember Johnson asked Dott how long he had been towing in Albany, to which Dott responded that he had been towing for approximately 40 years.  Councilmember Johnson asked Dott whether calls from APD were part of the contract signed between the City and Dott, to which Dott responded.  Councilmember Johnson asked Dott for clarification on how long he had been a part of the contract, to which Dott responded.  Councilmember Johnson asked Dott whether he had benefitted from the contracted calls for that time, to which Dott responded that he had both benefitted from and been responsible for the calls.  Councilmember Johnson asked Dott whether he considered his services professional services, to which Dott responded.  Councilmember Johnson spoke on responsibilities accompanying professional services, to which Dott responded that there are different types of towing.  Councilmember Johnson spoke on changing responsibilities for towing businesses, to which Dott responded.  Councilmember Johnson spoke on the amount of the towing and storage fee increases. He asked Dott about the number of cars that are stored at Dott Garage long-term, to which Dott responded.  Councilmember Johnson spoke on his understanding for some increase in fees but voiced concern about passing doubled fees onto residents. He said that doubling fees would amount to punishing residents for the action of a few individuals, to which Dott responded.  Dott spoke on scenarios that involve APD requesting towing services. He spoke on the amount collected by the City of Albany, to which Councilmember Johnson responded.  Dott said that other fees had increased while the towing fee had stayed the same, to which Councilmember Johnson responded.  Dott suggested that the Council increase the towing fee to $175 and stop collected $25 from each call, to which Councilmember Johnson responded. o The Chair recognized Councilmember Flynn. o Councilmember Flynn asked Dott about the costs associated with towing equipment, to which Dott responded.  Councilmember Flynn estimated how long it would take for companies to recoup increased costs before asking Dott why he took the contract if it was paying so little, to which Dott responded that he did not know.  Councilmember Flynn spoke on changing technology requiring additional investments from towing companies, to which Dott responded.  Councilmember Flynn asked whether Dott had a contract with the Town of Colonie, to which Dott responded.   He asked Dott how many companies shared the contract, to which Dott responded that three companies shared the contract and divided zones in the municipality.  Councilmember Flynn asked Dott whether he would respond to a call in Albany or Colonie first, to which Dott responded that Colonie contracts pay $200 with no kickbacks to the municipality. He asked Dott the same question regarding the Town of Bethlehem, to which Dott responded that Bethlehem contracts pay $250 with no kickbacks.  Councilmember Flynn asked about response times, to which Dott responded. o The Chair recognized Councilmember Balarin. o Councilmember Balarin asked Dott about the volume of calls from other municipalities, to which Dott responded that the types of calls are different, largely thanks to Albany’s parking situation. Dott estimated that Albany represented 35% more volume than other municipalities thanks to the population size and the nature of calls.  Councilmember Balarin asked Dott about the approximate percent of revenue from municipal calls, to which Dott responded that Albany represented around 35% of municipal revenue.  Councilmember Balarin asked Dott about the approximate percent of revenue Dott received from municipal calls compared to private calls, to which Dott responded with figures from private calls.  Balarin clarified his question, to which Dott responded that municipal and private calls each made up around 50% of his revenue. Councilmember Balarin shared personal experiences. o The Chair asked whether councilmembers had any further questions for Dott before recognizing Councilmember Johnson. o Councilmember Johnson asked the Chair whether he was aware that the City collects $25 kickbacks from its towing calls, to which Councilmember Hoey responded that he had recently learned the information.  Councilmember Flynn said that the $25 was a longstanding piece of the contract.  The Chair recognized Councilmember Balarin.  Councilmember Balarin said that the revenue was accounted for in the City’s budget.  Councilmember Hoey asked Councilmember Balarin what the revenue funded, to which Councilmember Balarin said that it went to APD.  Councilmember Hoey spoke on issues with managing vehicle owners and advocated for bringing certain towing-related services into the City.  Councilmember Balarin spoke on filling the budget gap associated with potentially removing the $25 kickback. o The Chair recognized Councilmember Anane. o Councilmember Anane asked for clarification on the structure of the meeting, to which the Chair responded.  Councilmember Anane asked Councilmember Flynn how he had arrived at the towing and storage fee increases in the ordinance, to which Councilmember Flynn responded that he had based the fees on surrounding municipalities.  Councilmember Anane asked Councilmember Flynn whether he had factored in inflation, to which Councilmember Flynn responded.  Councilmember Anane stated that his inflation-based calculations had yielded a different result, to which Councilmember Flynn responded with information on other municipalities’ fees.  Councilmember Anane asked Councilmember Flynn whether surrounding municipalities encountered the same amount of traffic as Albany, to which Councilmember Flynn responded.   Councilmember Anane spoke on cost of living.  Councilmember Flynn asked Councilmember Anane whether he thought the current fees were high enough, to which Councilmember Anane responded.  Councilmember Anane asked Councilmember Flynn whether he thought raising the fee would be devastating for struggling individuals, to which Councilmember Flynn responded. o Councilmember Hoey asked Councilmember Anane how he felt about tying the towing fee to inflation, to which Councilmember Anane responded that he would like to tie the fee to median income.  Councilmember Flynn spoke on the effects of the proposed change, to which Councilmember Anane responded.  Councilmember Anane spoke against characterizing vehicle owners who have had their vehicles towed as criminals. He voiced opposition to the legislation.  Councilmember Hoey shared personal experiences. He spoke on costs not keeping pace with inflation. o The Chair recognized Councilmember Frederick. o Councilmember Frederick spoke on the economics of increasing the towing fee and said that the City needed to keep volume in mind when considering a fee increase that matches other municipalities.  Councilmember Hoey spoke on other variables to consider when comparing to other municipalities. o The Chair recognized Councilmember Johnson. o Councilmember Johnson spoke on cost of living increases affecting residents’ abilities to pay other increased fees and said that this directly contributes to towing. He spoke on the $25 kickback as another point of contention. o Councilmember Hoey spoke on challenges in hiring tow truck operators. o The Chair recognized Councilmember Anane. o Councilmember Anane spoke on costs and revenues associated with bringing towing services into the City. He asked questions about the RFP process, to which Councilmember Flynn responded. o The Chair recognized Councilmember Balarin. o Councilmember Balarin spoke on the economics of current towing fees. He voiced opposition to a 100% increase in fees. He spoke on a desire to include budget officials in future conversations. o The Chair recognized Councilmember Kimbrough. o Councilmember Kimbrough spoke on his desire to hear from APD, to which the Chair responded. Councilmember Kimbrough questioned why talk of inflation excluded towing companies. o The Chair recognized representatives from Pearlman’s Towing before sharing details on the meeting’s recording and broadcasting. o John Sweeter spoke on his experience in the towing industry and said that he has struggled to hire and retain employees. He said that in order to pay employees more, companies had to earn more. He said that costs had outpaced revenue and spoke on the capital needed to start and maintain a towing business capable of fulling the needs of the City’s contracts. He said that state contract fees had increased. He said that certain vehicles—including City vehicles—towed through the contract resulted in uncollectible fees. o The Chair recognized Councilmember Balarin. o Councilmember Balarin asked for clarification on vehicles that result in collectible fees, to which Louis Cicciari responded with a scenario in which a vehicle towed per the City’s contract results in no revenue.  Councilmember Balarin asked Sweeter about transfers in vehicle ownership, to which he responded.   Councilmember Balarin asked Sweeter about the timeframe for transfers in ownership, to which he responded that 90 days had to pass before towing companies could apply for a lien.  Cicciari responded that additional time had to pass before ownership could exchange and said that companies also had to pay lien companies.  Councilmember Balarin thanked Sweeter and Cicciari. o The Chair recognized Councilmember Frederick. o Councilmember Frederick asked Sweeter about the administration fees associated with the contracts, to which he responded.  Councilmember Frederick thanked Sweeter. o Councilmember Hoey asked about the source of the legislation that requires companies to get certified letters for lien companies, to which Sweeter responded. o The Chair asked whether councilmembers had any further questions before thanking Sweeter and Cicciari. He recognized representatives from Capital District Towing. o Kevin Willsey spoke on the last fee increase in 2006 and said that costs had increased since then. He broke down the expenses associated with towing fees and said that tows yielded $7.50 in profit. He questioned whether parking issues contributed to the issues at hand and said that the cost of doing business in the City often did not keep pace with the fees that companies collect. He spoke on increasing costs associated with electric car use. o The Chair thanked Kaye and Willsey. o Councilmember Hoey asked about the number of contracts in the City, to which Dott responded. o The Chair thanked Kaye and Willsey before recognizing APA Acting Director Sean Palladino and APA Director of Enforcement Doug Case. o Acting Director Palladino spoke on confrontations between APA officials and individuals and said that he hoped the increases would shorten response times. o The Chair recognized Councilmember Anane. o Councilmember Anane asked Acting Director Palladino whether he had any say in the amount of the increase, to which he responded that he did not.  Councilmember Anane asked Acing Director Palladino what his ideal fee increase would be, to which he responded that the ideal fee would make the City competitive with surrounding municipalities. o Councilmember Hoey spoke on the costs associated with waiting for towing companies. He asked Acting Director Palladino how many employees usually wait for a tow truck, to which he responded that it is usually one. o The Chair thanked Acting Director Palladino and Director Case before thanking APD for staying at the meeting. He recognized Investigator Graig Whitney. o Investigator Whitney spoke on historical towing figures, stating that 9,782 cars had been towed in the last 5 years. He said that this averaged out to five cars per day, of which a majority were necessary tows. He said that 57% of towed vehicles belonged to out-of- town addresses and that 85% of in-town vehicles tows included crashes, emergency-no- parking violations, driver arrests, and parking enforcement. He stated that 94% of all tows were these necessary tows. He said that officers are responsible for waiting for towing companies in these situations and said that this leads to decreased availability for calls for service. o Councilmember Hoey asked Investigator Whitney why the City no longer administered traffic safety collections, to which Investigator Whitney responded that around five years ago, the City restructured its traffic safety system, eliminating certain positions and office spaces associated with its administration.  Commander Darrell Gipson clarified that APD did not collect fees outright, both on vehicle owner fees and towing company kickbacks.  The Chair thanked Commander Gipson and recognized Councilmember Frederick. o Councilmember Frederick asked for previously stated data to be shared with the Council, to which Investigator Whitney responded. o The Chair recognized Councilmember Anane. o Councilmember Anane asked Investigator Whitney for a geographic breakdown of where APD’s tows occur in the City, to which Investigator Whitney responded with a breakdown of towing types. He stated that in the past 5 years, there were 1,421 emergency-no-parking tows, 352 snow-emergency tows, 519 driver arrest tows, 756 scofflaw tows, and 3,526 vehicle-crash tows.  Councilmember Anane clarified his request, to which Commander Gipson responded that he would have to ask the Capital Region Crime Analysis whether they could generate data for the request. o The Chair recognized Councilmember Frederick. o Councilmember Frederick said that seeing the geographic data was important but that seeing geographic data less vehicle-crash tows would also be helpful. o The Chair recognized Councilmember Balarin. o Councilmember Balarin spoke on budget gaps if the $25 kickback is eliminated. o Councilmember Balarin asked Investigator Whitney about average officer wait times, to which Investigator Whitney responded that towing companies agreeing to a call are required to respond within 30 minutes. He said that officer wait times were variable.  Commander Gipson responded that wait times were becoming longer and that in some cases, no tow trucks showed. He said that he could not speak to the amount of the increase but said that resulting operational issues needed to be addressed.  Councilmember Hoey asked Commander Gipson for data on towing company wait times, to which Commander Gipson responded that the type of call affects the potential wait time for tow trucks. o The Chair recognized Lieutenant Melissa Morey. o Lieutenant Morey said that overnight shifts come with expectations of reduced services but said that the maintenance of thoroughfares could not be compromised. She shared details from an overnight accident in which the list of towing companies was exhausted twice before a contractor responded. She said that another call yielded the same results with no ultimate response. She spoke on APD’s responsibility for vehicles involved in crimes and stated that companies often refused calls from APD or quoted wait times of two and a half hours. She said that this resulted in operational interruptions. o Commander Gipson spoke on efforts to extend contracts to additional companies.  Investigator Whitney said that companies had expressed interest in towing contracts but balked at current fees, both towing fees and the $25 kickback. o The Chair recognized Councilmember Frederick. o Councilmember Frederick asked Lieutenant Morey about City vehicles disabled in service, to which Lieutenant Morey responded that she was not familiar with the particulars of those calls.  Commander Gipson responded that City vehicles were towed for free because of the contract between the City and towing companies.  Councilmember Frederick clarified her question, to which Commander Gipson responded.  Investigator Whitney responded that wear on police vehicles was greater than that on personal vehicles and said that these tows were done for free.  Councilmember Frederick asked whether this was true in other municipalities, to which Investigator Whitney responded that he did not know. o Councilmember Hoey asked whether APD had in-house vehicle maintenance, to which Investigator Whitney responded that they did long ago.  Councilmember Hoey clarified his question, to which Councilmember Kimbrough responded. o The Chair recognized Councilmember Anane.  o Councilmember Anane thanked APD for their service and spoke on his hope that the City could incorporate towing services into its operations. o The Chair thanked the officers and recognized Sergeant Jimm Lewis. o Sergeant Lewis spoke on APD’s use of towing as a last resort and said that APD preferred options that present the least burden for residents. o Councilmember Hoey asked whether vehicles are towed in fire emergencies, to which Commander Gipson responded that vehicles are moved.  Councilmember Hoey clarified his question and asked whether towing companies were reimbursed for these short moves, to which Commander Gipson responded that they were not. o The Chair recognized Councilmember Balarin. o Councilmember Balarin asked about frequency of RFPs for towing services.  Commander Gipson responded that RFPs often did not solicit enough interest from towing companies and said that companies had to be asked for proposals.  Councilmember Balarin asked for clarification on free towing as a provision of the contract, to which Commander Gipson responded.  Councilmember Balarin responded that the cost of having officers wait likely outweighed the cost of companies charging to tow City vehicles. o The Chair recognized Councilmember Anane. o Councilmember Anane asked Commander Gipson what percent of officers had to wait long times for towing responses, to which Commander Gipson responded that the number of officers changed depending on officers’ communicativeness and commanding officers. o The Chair thanked both the speakers and the committee and spoke on next steps. o The Chair recognized Councilmember Anane. o Councilmember Anane spoke on his opposition to the legislation.  Councilmember Hoey asked Councilmember Anane for statistics to back his claims and shared personal experiences. He stated that his focus was public safety.  Councilmember Anane responded that he was familiar with the legislation and had been familiar with it since 2019.  Councilmember Hoey spoke on problems with the legislation, to which Councilmember Anane responded. Councilmember Hoey said that the Committee’s work was fact-finding. He shared personal experiences. o The Chair recognized Councilmember Balarin. o Councilmember Balarin spoke on limits in the region’s public transportation and said that driving is necessity for many working people. He shared personal experiences.  Councilmember Hoey shared personal experiences, to which Councilmember Balarin responded. o The Chair recognized Councilmember Kimbrough. o Councilmember Kimbrough said that the characterization of tow companies as predatory was incorrect since they do not initiate interactions. He said he understood both sides of the argument and stated that the fee needed to increase to help address APD service interruptions.  The Chair thanked committee members. Adjourn: The Chair adjourned the meeting at 7:58 PM. Respectfully Submitted, Max Thierry Junior Policy Analyst Albany Common Council