Commissioners debate tow fees, approve fireworks window

Published 12:30 pm Wednesday, July 20, 2022

Two kinds of fireworks were present at the Bowling Green City Commission meeting Tuesday.

For actual fireworks, the commissioners approved the first reading of an ordinance that would create a weekend for residents to expend their explosive arsenals. The window to light up the sky would run from Sept. 2-5 from noon to 11 p.m. each day.

Email newsletter signup

The city and county imposed a burn ban over the Fourth of July weekend because of dry conditions, and this is its way of thanking those who listened.

“Some people abided by (the burn ban), some people didn’t, but we are proposing to allow some make-up days for those that did follow the burn ban and did follow the law,” City Manager Jeff Meisel said.

Verbal fireworks were set off once the board turned its attention to the contentious issue of towing fees.

An ordinance that was brought before the board would increase the flat fee of a tow to $175, up from $125, and increase the daily vehicle storage fees from $25 a day to up to $50 per day.

Commissioner Carlos Bailey and Mayor Todd Alcott took issue with the proposed 100% increase in storage fees, saying it doesn’t line up with current inflation rates.

Representatives from local towing companies were present and gave their views to the commissioners.

Former Commissioner Brian “Slim” Nash, representing Fountain Square Towing and Parking Lot Management, argued that while there would be a 100% increase in daily fees on paper, the cost of buying and insuring private lots has gone up. The increase is therefore justified, he said.

“I understand that on paper, that looks like it’s gone from $25 to $50, and that’s a 100% increase. Based upon basic math I can’t disagree with you – $50 is 100% more than $25,” Nash said. “But not all the factors are being factored into that. It’s not just one rate of $25 to $50, there’s many different rates that towing companies have to pay in order to be able to afford the $25 rate storage fee.”

Nash challenged Alcott in the realm of government regulation, asking why the city is taking steps to limit private business fees.

“My question is, why are you regulating the towing business and not other businesses?” Nash asked.

Alcott maintained that the potential increase was too high. He argued that if someone is unable to get to their vehicle, a $50 daily fee over the course of a month would put them in a $1,500 hole.

“The $50 in 30 days is $1,500, it’s excessive for Bowling Green. And I’ll repeat it: that I would never impose this cost at this rate of inflation for the citizens of Bowling Green,” Alcott said.

“Are you angry, sir? You seem angry,” Nash responded.

“No, I’m not angry,” the mayor replied.

Nash continued pressing the commission.

“My question, that you haven’t answered, is why are you regulating any price related to towing as a service that is provided to citizens?” Nash said. “I’ve heard many of you on your stump speeches, talking about the free market and competition and capitalism, but then on this particular issue, unlike others – you could regulate all kinds of costs related to all kinds of services if you wanted to, but you don’t.”

City Attorney Hillary Hightower then stepped in and explained why the city has the authority to regulate tow fees.

“The legislature has found that there is the possibility of citizens being taken advantage of by this, the legislature has by statute allowed the city to regulate this business because of that,” Hightower said. “At some point prior to my time here, the board made a decision that we do want to protect our citizens from a situation where they could not get their vehicle.”

The commission passed ordinance BG2014-5 in March 2014, which said “it is in the best interests of the city of Bowling Green to establish requirements for the towing of vehicles from private parking lots to provide consistency and to ensure that vehicle owners, private parking lot owners and tow truck operators are aware of appropriate procedures to tow vehicles from private parking lots.”

The final approved ordinance brought the towing fee to $175, the storage fee was changed to not to exceed $35 per day and a $25 gate fee was added for vehicles claimed after hours. It passed on a 5-0 vote.

Commissioners also approved bathroom renovations totaling $600,000 and water heater replacements totaling $62,000 for the Sloan Convention Center.

The center’s upgrades in 2021 included new carpet, ceiling tiles and lights as well as a new backup generator, all costing $841,000 in total. The new upgrades include the renovations of six bathrooms and the addition of two 85-gallon heaters and a 300-gallon tank.

Brent Childers, director of Bowling Green’s neighborhood and community services, provided the board an update on long-term disaster recovery efforts from the December tornadoes.

Childers urged tornado survivors who need help with disaster case management to dial 211, which will put them in touch with a case manager to better assist with their continued recovery.

Childers said 475 residential units in the city and county were moderately to severely destroyed and 505 sustained minor damage. He said 263 housing units had been permitted for reconstruction, renovation or rebuilding as of July 15. Twenty-seven mobile homes have been permitted.

“All told, that’s about $45 million worth of permit activity in construction value to date,” Childers said. “We are not done, there needs to be more, you can drive around town and see that not everything is (done). But keep in mind, we are seven months in.”