OSCODA – A resolution regarding Oscoda Township’s law enforcement towing procedure was adopted unanimously by board of trustees members, among other action during their Monday meeting.
According to the document, the township is implementing a facilitation settlement agreement that will conclude current litigation between the municipality and Randy’s Towing.
A component of the settlement is that Randy’s Towing will create and apply a competitive standard rate schedule for both its towing and storage operations within its service area, and shall provide the township a copy thereof.
The resolution reads that, upon receipt and notice of implementation of the competitive rate schedule by Randy’s, the township will direct its police department to follow whenever possible the 9-1-1 rotational call list to which Randy’s Towing is a member and, further, that the township recommend the same to all other municipal entities involved in the Iosco County rotational call service. This includes Iosco County 9-1-1 itself, the Michigan State Police, the Iosco County Sheriff’s Department and the Tawas Police Authority.
Additionally, the resolution instructs Oscoda Township Police Department (OTPD) officers to reference the call list as the means of identifying the towing service they intend to call at the scene of any incident which requires such applicable service.
Further, in the event the owner/operator of the vehicle then requests a particular towing service, that request will be honored as required by law.
“What you’ll find in here is the solidification of what the township is already doing, as far as following the Iosco County towing procedure,” said Township Superintendent Dave Schaeffer, noting that the county towing policy was updated in 2017.
As reported in the May 9 edition of this publication, trustees approved a preliminary draft facilitation settlement agreement with Randy’s Towing. With the approval, the parties to the litigation agreed to several items, including the aforementioned action for Randy’s to create a rate schedule and for the township to adopt the resolution.
It was also outlined in the draft agreement that, should the township receive credible evidence that Randy’s has violated the agreement by charging without reasonable excuse its established rate structure, it reserves the right to adopt an enforcement ordinance by which it may impose reasonable sanctions for such violation.
The fourth item in the document called for the township to convey to Randy’s lots 48 and 49, adjacent to California Street, at a price of $15,000.
As stated in the agreement, in exchange for all of the above mentioned items, Randy’s Towing shall forever release any and all claims of any nature which they may have against the township and its officers, trustees, employees and agents, arising directly or indirectly from the events referenced in the complaint, including the township’s involvement in the implementation of the Iosco County 9-1-1 call list.
It was noted in the agreement that this case shall be dismissed with appropriate closing documents, upon completion of those procedural events – including zoning approval – as necessary to assure Randy’s the intended benefit of the property being conveyed defined as an office and motor vehicle storage/impoundment lot.
Former Oscoda Township Superintendent Robert Stalker provided a copy of the agreement, but declined to comment further on the matter at that time, since it related to pending litigation. He confirmed, however, that this latest incident pertains to a case which was reported on in the March 22, 2017 edition of the Oscoda Press.
As described in that story, a lawsuit was filed against the township by Randy Boden and his company, Randy’s Towing, in 23rd Circuit Court in Tawas City.
Unlike the four-count lawsuit he, family members and family businesses filed in 2016 in U.S. District Court, this suit contained just one count – breach of joint release and settlement agreement. The allegations, however, were the same.
This incident and several other lawsuits between Randy’s and the township were also summarized in the May 9 edition of this publication.
In separate business, trustees acted on the following during their Monday meeting:
• Approved a request from the Department of Public Works for the township to purchase a Ferris brand mower, as called for in the 2018 capital improvement plan. The township will be acquiring the $11,000 mower from Lincoln Outdoor Center, with Schaeffer noting that the cost came in $3,000 under the budgeted figure.
• Approved posting both the community service/code compliance and detective sergeant positions for the OTPD. These positions will be funded through a millage, as decided by voters during the Aug. 7 Michigan primary election.
• Appointed Greg Schultz – who also serves on the township’s zoning board of appeals – to the Local Development Finance Authority Board. His term will expire on Aug. 1, 2022.