CITY OF EAST PROVIDENCE, RHODE ISLAND
SHOW CAUSE HEARING
NEW ENGLAND TOWING, INC.
WEDNESDAY,
The City Council meets in the Council Chamber on Wednesday, September 17, 1997, for a Show Cause Hearing on the Towing License of Leo Correia, dba New England Towing. The hearing is called to order at 8:05 p.m. by Mayor Rolland R. Grant.
Present: Mayor Rolland R. Grant ) Council Members
Joseph S. Larisa, Jr. )
Peter F. Midgley )
Norman J. Miranda )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
Absent: Gerald R. Lynch ) City Council
(Claudia Merandi, Merandi Reporting, is present to record the proceedings of the hearing)
Mayor Grant states that this hearing has been called to determine if there is any reason that the license for New England Towing should be revoked.
Police Chief Gary Dias reads the list of City towers. Mr. Conley states that the tow list consists of tow companies appointed by the Council, and the Council has the right to appoint and to remove from the list.
The following persons are present and sworn and present testimony regarding an incident between Mr. Correia and Derek Lindia (complete police report with Council file):
Police Officers Stephen Norton, Christopher Parella, and Sgt. Stephen Crowshaw - East Providence Police Department
Leo Correia, President of New England Towing
Also present is Gerald Coyne, Counsel for Mr. Correia, who questions some of the testimony.
Mr. Conley speaks on the towing regulations. He says that the City put together rules and regulations, but the PUC has ruled that they are the only body that can set the rates.
Chief Dias reports on other problems that the Police have had with this particular tower.
The hearing is open to public comment.
Sean Cook is present and sworn. Mr. Cook says he is the husband of a woman that was involved with a tow and complaint against New England Towing. He says Mr.Correia was supposed to return $40 to his wife, but the money was never returned.
Leo Correia gives his interpretation of the incident involving Mr. Lindia. He says he charged $40 for the tow and $45 for labor, and it was not a charge for two tows. It is noted that Mr. Lindia is not present and was not informed of the hearing.
After further discussion, the meeting recesses at 10:35 p.m. and reconvenes at 10:40 p.m.
After considerable discussion, Mr. Larisa states that Mr. Correia behaved in an outrageous manner and tells him that he must do what he is told if he wants the privilege of being on the tow list. He says he is prepared to give him a 3 month
suspension.
Mr. Larisa then makes a motion to remove Leo Correia from the tow list for 3 months and if he wants to remain on the tow list, he must adhere to a "No tow, No dough policy. Mr. Midgley seconds the motion.
Mr. Miranda says although he concurs with his fellow Councilmen, he would like to see a one month suspension with 3 months probation; and that if in the future any incident happens with a tower, the Police Chief and Major be instructed to suspend the tower immediately.
Mr. Larisa and Mr. Midgley amend their motion to the following: The Council suspend Leo Correia from the City Tow list for one month from tomorrow, and in the remaining 11 months, should any complaint be filed, the license be revoked without hearing and immediately be put on the docket; also, Mr. Correia be instructed to pay the $40 tomorrow and adopt a policy of "No Tow - No Dough."
Mayor Grant states that he has serious questions about suspending someone from the list and making them adhere to a "no tow - no dough" agreement when that wording is not included in the towing regulations established by the Council.
Mr. Larisa withdraws his motion.
After further discussion, motion is made by Mr. Larisa and seconded by Mr. Midgley to suspend Mr. Correia from the tow list for a period of 30 days and to place him on probation for 11 months, and to get back on the tow list, he will have to pay the $40 by the close of business tomorrow; and the Council will amend the tow ordinance to put in the "No Tow - No Dough" wording at the next council meeting to apply to all towers.
After Council discussion, Mr. Midgley moves the question. Roll call follows:
Mr. Larisa Aye
Mr. Midgley Aye
Mr. Miranda Aye
Mayor Grant Nay
The motion passes 3-1.
The meeting adjourns at 11:15 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved:______________________