by Mike Schnitzel
Lynbrook's Tow Vehicle Review Board concluded
its hearings into the matter on May 31. Trustee Richard Clifford, chairman of the board, whose other members are trustees David Penso and Thomas Miccio, said that the "purpose of the hearings [was] to determine whether or not the police chief, village administrator, and the sitting board at the time properly examined the facts before not renewing [Autotech's] license."
Autotech has asked to be restored to the village's tow rotation list, and alleges that it was improperly dismissed by the village. "I have a right to make a living here like anyone else," said Lorraine Pilitz, who owns Autotech. "I just wanted a small piece of the pie. I didn't want to take tows from anyone else."
According to an affidavit from Lynbrook Police Chief Joseph Neve, he recommended that Autotech be removed from the tow rotation list, which is administered by the village police department, after Pilitz returned a signed copy of Autotechs 2005 franchise agreement with the village with "requirements of the village board, as set forth in the addendum, unilaterally altered."
Copies of the addendum to Autotech's franchise agreement obtained by the Herald indicate that Pilitz signed the agreement, but crossed out two items regarding the hours during which vehicles could be offloaded at
Autotech's depot at 42 Lincoln Place, and an item that would have required Autotech to relocate its depot to another storage yard within 90 days if the village received complaints from residents about noise during Autotech's hours of non-operation.
The village board refused to accept Autotech's modification of the franchise agreement, and declined to renew it after discussion at a regular village meeting. Autotech was on the village's tow rotation list from October 2003 to February 2005, according to Neve.
Autotech, which is based in Rockville Centre, has a Lynbrook depot where it must first tow cars before moving them to either the companys base of operations or another body shop, depending on customers requests.
Neve said that the "peace and quiet addendum," as village officials have termed it, was added to Autotech's franchise agreement because there was concern that residents near its depot would be bothered by the noise of trucks being offloaded at night. Under the agreement, Autotech could not offload vehicles between 10 p.m. and 8 a.m. While the depot is in an area zoned light industrial, there are homes nearby.
Pilitz called the addendum unfair, citing the fact that no other tow company in Lynbrook has one. She noted on the returned 2005 agreement that Autotech had not been the subject of any complaints since she had obtained a towing license with the village.
Pilitz said that police have harassed her drivers, singling out Autotech among the companies on the tow rotation list. In an affidavit she filed, Pilitz cited an incident in which Lynbrook police officer Frank Menna followed one of Autotech's trucks to make sure that it stopped with a tow at its Lynbrook depot.
Neve said that Autotech towed the car to the depot, but stopped only briefly before moving on to its Rockville Centre depot, which, he said, violated village code. "That gave the Lynbrook Police Department the right to follow the tow truck out of Lynbrook," Neve said at the May 31 hearing. "They violated village code."
Neve denied that the police department was singling out Autotech, saying that Lynbrook police were doing a canvas of all licensed towers and that the department had reason to believe that Autotech was not following village regulations. Neve's affidavit also stated that Autotech's license renewal was rejected because the village board found that the company "towed accident damaged vehicles to its Rockville Centre location instead of its Lynbrook 'terminal,' and a lack of business integrity was demonstrated by overcharges."
Autotech counsel Scott Guardino said that photos entered into evidence by Autotech proved that they had towed vehicles to their Lynbrook depot, as required. Neve said that there was no way to prove the authenticity of the photos.
Pilitz denies that she overcharged any of her Lynbrook customers, or any customers, for that matter. "I've never overcharged anybody," she said. "Lynbrook is an old boys' club, and they didn't like us coming in from the beginning."
Pilitz previously operated in Baldwin, moving her shop to Rockville Centre in 2000, when, she said, her trouble began. "I kept getting skipped on the tow rotational list that I paid to be on," she said, claiming that when she began complaining to the Rockville Centre police about being skipped, she had problems with other police departments, including Lynbrooks.
Neve denied Pilitz's charges, and said that Lynbrook police were doing their job and following proper procedures. Rockville Centre police previously denied charges of harassing Autotech.
Autotech had been removed from Rockville Centre's tow rotation list, but was reinstated after a decision in Autotech's favor by the State Supreme Court in May 2004.
Autotech has filed an Article 78 with the State Supreme Court, charging that the Village
of Lynbrook was arbitrary and capricious in its removal of Autotech from its tow rotation list. That action is pending a decision by the Lynbrook Tow Vehicle Review Board. Clifford said that a decision regarding Autotech's towing license would be made as soon as possible, but that he could not offer a specific time frame.
Comments about this story? MSchnitzel@liherald.com or (516)569-4000 ext. 265.
