Sharon Yaden and Tamara Leusardi, owners of Argo Collision and Restoration approached the council Monday night about a business vehicle that was confiscated.

Yaden said even though the vehicle towed was a business vehicle, it was removed from private property.  Citing the Safe Streets Act enacted by the city in 2001, Yaden said the act only talks about impounding vehicles on public property but does not mention anything about removing a vehicle from private property.

Leusardi cited precedence set by the state of Alabama saying the action falls under community care-taking which means a vehicle may only be impounded if  “it inhibits public way” or creates hazardous driving conditions and said Alabama law states that vehicle may only be impounded if a license is revoked for a DUI or criminal activity.

“I believe my fourth amendment right has been violated,” Yarden said.  “I paid the city a license fee of $150 and gave them $700 on bond not five days before this happened.”

Mayor Jennings told Yarden there is a procedure for getting the vehicle back.  “You paid Argo Municipal Court.  You have to go through Argo Municipal Court.”

Jennings assured Yarden and Leusardi the vehicle was not being held hostage, saying his hands were tied in the matter.

Yarden and Leusardi were dissatisfied with the mayor’s response.

“This is going to cost the city and the court in time and damages when we sue for lost business,” Leusardi said.  “We are trying to do business in a community where we found the need.  We are trying to provide a service.  We would like to work with you and not have this get ugly.”

Leusardi told the council if the matter is taken to court they will ask the magistrate to recuse himself and take the matter to district court.

In other actions the council:

—Approved a bid from Bay Fire Products in the amount of $331,026 for a new fire engine.  The city had another bid come in from NAFCO at $390,195.

—Filed a complaint for declaratory judgment in regard to the zoning ordinance and amendments in the case of the City of Argo v. Rodeson S. Robles and Kelly L. Robles.  The complaint was filed with a goal of determining the validity of the current zoning ordinance the city has in place.

—Approved a resolution to participate in the 2012 Severe Weather Preparedness tax holiday to take place July 6-8.

—Agreed not to participate in the 2012 sales tax holiday on the basis that there will not be enough school supplies purchased within the City of Argo.