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untanglingwebs
El Supremo
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Flint City Council postpones voting on license revocations for scrap yards after investigative hearings
Published: Monday, October 17, 2011, 10:30 PM Updated: Monday, October 17, 2011, 10:33 PM
By Khalil AlHajal | The Flint Journal
FLINT, Michigan ‑- In rare investigative hearings on the proposed revocation of two scrap yards' business licenses, City Attorney Peter Bade and representatives of Spooner Metals and J&S Auto Salvage addressed City Council on Monday.
The special hearings included testimony from the Spooner's vice president, director of security and a Flint sewer worker about stolen Flint sewer grates and manholes that the business returned to the city in June.
Bade said the city acknowledges that the company voluntarily contacted the city and returned over 40 catch basin grates and manholes, but that the scrap yard failed to provide the source of the stolen materials and hasn't submitted weekly intake reports to police as required by local law.
"We believe Spooner Metals failed to comply with city ordinances," Bade said.
Attorney for Spooner Metals Rita Lauer argued that the business has
regularly reported to the city when it found that was in possession of city property.
"Spooner self-reported historically for the past four years because it is a good corporate citizen," she said. "It has moral character. We should not be punished because of ruthless actions by other metal dealers."
Spooner Vice President Joe Arvay said the business interprets the ordinance and a series of warning letters sent by the city to apply to pawnbrokers and second-hand dealers.
"The letters that we received asking us to report were addressed to secondhand dealers and pawnbrokers, and we were neither," Arvay said.
But Bade said scrap metal yards are indeed included in the law.
"It is the city's position that the ordinances do apply to Spooner Metals," he said.
Arvay said that materials sold to the business by individuals is thoroughly inspected, but that metal turned in by commercial or industrial companies cannot be inspected in detail because it is transferred in large piles.
"It's like looking for a needle in a haystack sometimes," he said.
The company's director of security Ronald Pfifer said suspected stolen materials are at times discovered before being placed into a shredder, but often after it's possible to determine the source.
"Anybody that is caught turning in stolen property will be reported to police immediately," Pfifer said.
He said determining the contents of a large load dropped off by a company in a large truck is often impossible.
"You never know what's on the bottom of that truck," he said. "You're talking about a massive amount of metal."
Bade in his closing arguments said ignorance of receiving stolen property does not excuse the violation of law.
"You can't take stolen materials because the load's too big," he said. "You can't take stolen materials. You have to know what your taking."
He suggested the company separate piles in order to keep track of every source.
"If you can't do that, I guess you can't you cant' do business," he said.
Council also heard Monday night from representatives of J&S Auto Salvage,
which is accused of selling vehicles that had Flint sewer materials inside to a Saginaw metal processor.
Flint Police Lt. Marcus Mahan testified during the late hearing that an anonymous tip in June led to an investigation into the stolen materials.
He said David Rifkin, president of Rifkin Scrap Iron and Metal in Saginaw confirmed possession of the materials after an inquiry.
Rifkin testified during the hearing that J&S Auto Salvage did turn in material on the date that Mahan inquired about, but that he couldn't be sure that the stolen materials were turned in that same day.
The materials were never returned to the city.
Attorney for J&S Auto Salvage William Cavanaugh said there was no direct evidence linking the scrap yard to the stolen grates.
Bade said circumstantial evidence in the case could legally be enough to revoke the licenses.
"The standard is not a criminal standard. The standard is preponderance of the evidence, which is 51 percent," Bade said.
Council postponed voting on the proposed revocations until Oct. 24.
Last edited by untanglingwebs on Thu Oct 27, 2011 6:44 pm; edited 1 time in total |
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Tue Oct 18, 2011 6:59 am |
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Dave Starr
F L I N T O I D
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| Postponed 2 weeks; the council's favorite thing. |
_________________
I used to care, but I take a pill for that now.
Pushing buttons sure can be fun.
When a lion wants to go somewhere, he doesn’t worry about how many hyenas are in the way.
Paddle faster, I hear banjos. |
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Tue Oct 18, 2011 7:09 am |
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untanglingwebs
El Supremo
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Flint City Council votes to suspend one scrap metal dealer's license, enters into agreement with another that includes $10,000 for enforcement
Published: Monday, October 24, 2011, 9:46 PM Updated: Monday, October 24, 2011, 9:47 PM
By Kristin Longley | Flint Journal
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FLINT, Michigan — One of two Flint scrap metal dealers’ accused of receiving stolen city metals had its license suspended Monday night, while the other dealer kept its license after it agreed to follow the rules as well as give the city $10,000 toward a scrap metal enforcement fund.
The Flint City Council voted to suspend Spooner Metals’ license for 60 days after a hearing last week where company representatives testified the business had voluntarily reported and returned more than 40 city catch basins it had received.
City Council members, however, said Spooner Metals never should have received the materials in the first place.
After voting on Spooner Metal’s fate, the council voted to enter into a consent agreement a scrap company accused of selling vehicles that contained Flint sewer materials to a Saginaw metal processor, officials said.
As part of the agreement, J&S Auto Salvage did not admit to violating any city ordinances, but agreed to follow the law as it relates to scrap metal and is contributing $10,000 to the city toward a “scrap metal enforcement fund,” City Attorney Peter Bade said.
The money will go toward equipping a nonprofit citizens group identified by the police chief with video cameras and other materials necessary to police scrap metal dealers, Bade said.
Bade said the money is not a fine.
“City Council had no ability to impose a fine,” Bade said.
J&S also agreed to drop a lawsuit it had filed against the city.
Council members said the testimony regarding the allegations against J&S was “convoluted.”
“There was a lot of confusion as it relates to the testimony,” Councilman Sheldon Neeley said. “I don’t oppose this consent agreement based on the testimony I heard.”
An attorney for J&S, William Cavanaugh, said the business never did anything wrong.
“The first time we came in here we said we were willing to be a part of the solution,” he said. “This is a way of being part of the solution.”
An attorney for Spooner Metals declined to comment Monday on the council’s actions.
Representatives had testified that Spooner has regularly reported to the city when it found that was in possession of city property, and that materials sometimes cannot be inspected in detail because they are transferred in large piles.
Still, council members said the business was in violation of city ordinance.
“It is a total violation of the law that stolen material is being received by that organization,” Councilman Bernard Lawler said. “If there are others not in compliance... they need to be in compliance with that as well.”
Councilman Bryant Nolden asked Bade whether Spooner had also been offered a consent agreement. Bade said there was “dialogue” about it, but declined to get into details.
Bade said the idea for a consent agreement arose in discussions with attorneys for J&S Auto Salvage because of decreased staffing in the police department.
“In terms of scrap metal theft, for the past year we’re been attempting to adopt a comprehensive strategy,” Bade said. “We could equip them (a citizens’ group) with tools so they could enforce our laws.” |
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Thu Oct 27, 2011 6:48 pm |
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untanglingwebs
El Supremo
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Flint scrap yard files for restraining order after city suspends license
Published: Tuesday, October 25, 2011, 5:58 PM Updated: Tuesday, October 25, 2011, 5:59 PM
By Kristin Longley | Flint Journal
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FLINT, Michigan — A Flint scrap yard accused of accepting stolen city property is asking a judge to curb the city's decision to temporarily suspend the business's license.
Spooner Metals filed the motion for a temporary injunction today in Genesee County Circuit Court, saying the city didn't follow due process when the Flint City Council voted Monday to suspend the scrap yard's junk dealer license for 60 days.
In the motion, attorneys for Spooner called the council's decision "arbitrary and capricious."
Flint City Attorney Peter Bade declined to comment on the matter since it has not yet gone before a judge.
The Flint City Council accused Spooner Metals of accepting stolen city scrap materials, and held a hearing last week and Monday to take testimony from Spooner representatives, investigators and city employees.
Representatives from Spooner testified that they voluntarily reported the materials in their possession to the city of Flint so the property could be returned, as it had done in past instances.
But council members said Spooner shouldn't have accepted the materials at all, and said the business violated city ordinance in doing so.
In its court brief, Spooner questions whether the city ordinances cited by council members even apply to the business, and says a license suspension would cause "irreparable injury."
"This suspension would prohibit Spooner from doing business under its city license if the injunction does not issue, causing irreparable injury to Spooner's business and its 26 employees and their families," the court document says.
Spooner's attorney could not immediately be reached for comment this evening.
The Flint City Council had also accused J&S Auto Salvage of selling vehicles that contained Flint sewer materials to a Saginaw metal processor, and held a revocation hearing.
But at least one council member said the testimony in the hearing was "convoluted" and the city didn't suspend its license. Instead, the city entered into a "consent agreement" with J&S in which the city and business say there was no wrongdoing, but J&S agrees to follow city ordinances.
J&S is also contributing $10,000 to a "scrap metal enforcement fund" that the police chief will award to a nonprofit citizens group so it can help monitor and enforce city scrap laws. |
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Thu Oct 27, 2011 6:52 pm |
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untanglingwebs
El Supremo
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Judge denies scrap yard's request for restraining order against license suspension
Published: Wednesday, October 26, 2011, 3:05 PM Updated: Wednesday, October 26, 2011, 3:10 PM
By Kristin Longley | Flint Journal
FLINT, Michigan — A judge has denied a Flint scrap yard's request to halt the Flint City Council's decision to suspend the business's license, records show.
Genesee County Circuit Court Judge Richard Yuille denied Spooner Metals' motion for a temporary injunction today, according to court records.
The Flint City Council voted Monday to suspend the scrap yard's junk dealer license for 60 days following a civil hearing in which Spooner defended itself against allegations that it received stolen city manhole covers or catch basins.
Spooner representatives testified in the hearing that the yard voluntarily reported the property to the city of Flint so it could be returned, as it had done in past instances. It also said that examining every piece of scrap metal in loads that can weigh several tons is difficult.
Still, council members said Spooner shouldn't have accepted the materials at all, and said the business violated city ordinance in doing so before the council voted in favor of the suspension.
City Attorney Peter Bade said Monday that the suspension would take immediate effect.
Spooner had asked the judge Tuesday to stop the suspension, saying it would cause "irreparable harm" to the business and its 26 employees.
An attorney for Spooner could not immediately be reached for comment today. |
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Thu Oct 27, 2011 7:01 pm |
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untanglingwebs
El Supremo
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| The scrap yards in Genesee Township will see extra action from Flint residents. Want to bet Genesee Township won't monitor? |
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Fri Oct 28, 2011 1:24 pm |
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