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2007-04-04 SPMTOWN CLERK CHRIS MASTERSON TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-5771 FAX: (845) 298-1478 Town of Wappinger Town Board Meeting April 4', 2007 7:30 PM Final Agenda SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI 7:30 PM Meeting called to order on April 4t', 2007 at Town Hall, 20 Middlebush Rd, Wappingers Falls, NY. I. Call to Order H. Discussion A. Tow Truck Local Law - Tow Truck Operators III. Adjournment Call to Order Supervisor Ruggiero called the Meeting to order at 7:34 PM. Joseph Ruggiero Town of Wappinger Supervisor Present William Beale Town of Wappinger Councilman Present Vincent BettinaTown of Win Councilman Absent Maureen McCarthy Town of Wappinger Councilwoman Present Joseph Paoloni Town of Wappinger Councilman Absent Councilman Bettina and Councilman Paoloni had previously notified the Town Clerk and Town Supervisor that they would not be in attendance. Councilman Paoloni was ill and Councilman Bettina had a family emergency. Discussion A. Tow Truck Local Law Supervisor Ruggiero opened the discussion at 7:35 PM. He then gave a brief background of the topic and asked Al Roberts, Town Attorney, to discuss the details of the Local Law and the goals of the Town. Mr. Roberts explained the method of creating this Local Law. Similar Local Laws of several other municipalities throughout the State were researched in coming up with the Town of Wappinger version. The primary purposes are increasing safety at the scene of the accident, leveling the playing field and providing a prompt response time to clear damaged vehicles from public highways. Mr. Roberts then went over the bullet points of his memo to the Town Board. Supervisor Ruggiero opened the floor to the public for comments. The first resident to speak was Tom Masch of Momma's Towing, 150 Old Post Road. Mr. Masch's first comment was that he was opposed to zones as the Town Attorney had described. He claimed that Town of Wappinger tow operators maintain a 15 minute or less estimated time of arrival (ETA). The problem, as he sees it, is when operators from other towns come in for calls. The out-of-town operators drive at unsafe and illegal speeds and have ETA's of 15 minutes or more. Mr. Masch also disagreed with the section addressing tow fees. He stated that each tow is different and calls for a different fee. Another topic mentioned had to do with abandoned cars. Mr. Masch informed the Town that it needs to work with tow operators with the paperwork and processing of abandoned cars. Mr. Masch and Mr. Horan discussed the section in the Vehicle and Traffic Law pertaining to abandoned cars. Mr. Horan then clarified the intent of the law in regards to the fees section. The Town does not intend to set a flat rate for all tow operators. The intent is that all operators would provide the Town with set fees so that the Town, and all its residents, would know that they are being charged fairly and with uniformity. Mr. Masch replied that he charges according to the people that he tows. The fees are set with the intention of retaining customers. The second resident to speak was Mike Valentino, Chief of the New Hackensack Fire Department. He claimed that the list does not help him out on accident scenes at all. He wanted to know why the list doesn't make it mandatory to only permit Wappinger tow operators. Supervisor Ruggiero and Al Roberts explained that the Town could not prohibit non -town tow operators from doing business in the Town. Mr. Valentino responded that this Local Law would not help him at all then. He is concerned that his fire fighters stand in the road for 40-50 minutes waiting for tow trucks that come from other Towns. Supervisor Ruggiero asked what the cause of the long response time is. Chief Valentino answered that it was due to tow operators that are not Town operators getting called to accidents in Wappinger. Mr. Roberts again explained to the Chief that the Town does not have the authority to limit tow truck operations to Town of Wappinger operators. The Town could regulate response time to address this issue. Supervisor Ruggiero explained that an operator that did not respond within the required time limit would be taken off the list. Councilwoman McCarthy added that the Town would be monitoring the reports. Mr. Roberts pointed out that the operator would be suspended at first and if it continued he would be removed. Supervisor Ruggiero explained to all in attendance the legal background Town of Wappinger Page I Printed 4/19/2007 Special Meeting Minutes April 4, 2007 and related proceedings that dealt with the topic of prohibiting out-of-town businesses. Councilman Beale added that he was also a supporter of limiting the tow operations to Town of Wappinger tow operators until he discovered that this practice is unlawful. He now supports the setting of a time limit requirement. Supervisor Ruggiero asked the Chief to see page twelve of the Local Law for more information on the revocation of tow permits. Jennifer Niznik, a representative of Lee's Auto Body, 24 Marshall Road, was the next resident to speak. Mrs. Niznik mentioned a case in New Paltz in which tow operations were limited to operators located within the Town of New Paltz. She went on to say that this whole process got started in response to local tow operators that were having problems. At the same time, she voiced her concerns to the Sheriffs Department. The Sheriffs Department has since responded to the operator's requests. Mrs. Niznik stated that the memo sent out by the Sheriffs Department sets the tow list to include Town of Wappinger tow operators only. Mr. Horan explained again that, in accordance with Section 89 of the General Municipal Law, municipalities are forbidden by State Law to restrict any contracts or agreements within the Town solely to residents or businesses located within the Town boundaries. Mr. Roberts further described litigation pertaining to this topic. He informed her that the information that she was bringing up has already been researched and discounted by his staff. It is his firm's unequivocal opinion that the Town could not restrict the operations in that fashion and it was supported by at least two cases and the Attorney General's Office. Mrs. Niznik then pointed out that the Town of Poughkeepsie and Town of LaGrange has notified her that, under no circumstances, would she be allowed on their tow lists. Supervisor Ruggiero replied that the Town of Wappinger was not going to follow suit. Just because another township is going in the wrong direction does not mean that Wappinger will go in the wrong direction. If tow operators in Poughkeepsie and LaGrange can respond within the required time limit, they would be permitted to operate within the Town of Wappinger. Mrs. Niznik asked if the Town Board was comfortable allowing outside tow operators to operate in Wappinger even though the other Towns would not permit Wappinger tow operators to operate within their boundaries. Supervisor Ruggiero answered that the Town Board could not control what other townships do. Mr. Roberts pointed out that he has been in contact with Mr. Peter B. O'Connell, 130 Washington Avenue, Albany, N.Y. Mr. O'Connell represents the Empire State Towing and Recovery Association. He advised that the tow operators seek assistance from that organization. Mrs. Niznik stated that the Dutchess County Sheriff and the New York State Police have set policies to limit tow operations to businesses within the Town of Wappinger and that the Town is trying to override that action. She claimed that the Board is changing it to let everyone else operate within the Town. Supervisor Ruggiero answered that the New York State Police and Dutchess County Sheriffs Department have stated that they will follow whatever Local Law the Board adopts. Mr. Horan informed the resident that if she went to the Town of LaGrange and asked to be put on their list and was denied that opportunity, she would have a clear cut case to argue. The Court of Appeals, 2nd Circuit, and Attorney General's Office have all spoken and are in agreement that towns cannot deny access to a tow list for out-of-town businesses. Mrs. Niznik asked why the Town can't just let the Sheriffs keep doing what they are doing. Tommy Masch addressed the Board again. He pointed out that there was another section of General Municipal Law, Section 80, which requires response time and reasonable redemption of the vehicle to be satisfied in conducting tow operations. Charles McCluskey, of 2598 South Avenue, informed the Board of an unethical practice that his relative experienced in the City of Poughkeepsie during the 1980's. His father was in a minor accident during which there was only minor cosmetic damage to his tail light. A police officer demanded that the vehicle be towed from the scene. The tow operator towed the vehicle one block, unhooked it and charged an unreasonable fee. Mr. McCluskey asked what assurance he would have that this same situation would not happen with the passage of this Law. Supervisor Ruggiero replied that the Law does not mandate that the vehicle be towed from the scene. It also lets the resident choose their own tow truck if they so choose. The next resident to address the Board was Bob Gorman, of Gorman's Garage Inc. in Poughkeepsie, New York. Mr. Gorman is affiliated with the Empire State Towing Association. He has been involved with the City and Town of Poughkeepsie in the process of setting towing policies. One issue that Mr. Gorman wanted to discuss was the discretion that the officer on the scene has. When an officer has to choose a close tow operator because of an emergency situation, there is the potential of compromising the effectiveness of the tow list. He went on to say that the problem with response time has to do with the officer's ability to assess the situation and notify a tow operator. He thanked the Board, on behalf of the Tow Association, for starting the process of establishing tow policies. Councilman Beale asked if Mr. Gorman was referring to page seven of the Local Law. Mr. Gorman mentioned a response to that section that was sent to the Town by Pete O'Connell. Supervisor Ruggiero replied that the Board did not have that letter. Mr. Horan discussed the contents of the letter. The letter explained that a police dispatcher would maintain a tow log book. It would list the officer on the scene, what tow truck Town of Wappinger Page 2 Printed 4/19/2007 Special Meeting Minutes April 4, 2007 was called and why an officer chose a truck that was not on the list. Councilwoman McCarthy asked that the log show the reason that an officer deviates from the tow list. Councilman Beale mentioned that a reason that he would want that paragraph in the Local Law is that an officer on the scene may need the assistance of a close tow operator to extricate a crash victim. Supervisor Ruggiero added that the Town does something like this with mutual aid calls for the ambulance district. Someone in the audience asked who would be taking complaints about specific tow operators. The Supervisor responded that the Town Clerk would take those complaints. Al Roberts asked if the representatives from the Sheriffs Department and New York State Police had any comments. They did not have any comments. Discussion about the 500 foot buffer zone followed. Supervisor Ruggiero asked Chief Valentino if the 500 foot distance should be increased. The Chief answered that it leaves the tow operators an opportunity to chase accidents. He commented that he sometimes arrives at an accident and discovers that the officer in charge of the scene has not called for a tow truck. Supervisor Ruggiero explained to the Chief that this was not a tow truck issue; it is an incident management issue. The Chief also commented that a 500 foot rule would be pointless if you were going off of a call list. He asked why you would need ten tow trucks sitting 500 feet away. Mr. Gorman explained that it could be an advantage. If the officer on the scene needed immediate help, he would have a pool to choose from. Mr. Horan added that you could include text in the law to prohibit tow truck operators from obstructing traffic or interfering with the scene outside of 500 feet. Mr. Gorman explained the reasoning for the 500 foot buffer. Chief Valentino asked that the Law state that the operator needs to stay with his vehicle. Frank Paulo, Assistant Chief of the New Hackensack Fire Department, brought up the issue of solicitation on the scene. He stated that tow truck operators are listening to the scanners and arriving on the scene before the emergency response personnel. Supervisor Ruggiero asked how the Town could prevent that. Renato Pistolesi, a representative of All Tow and Action Automotive, 33 Market Street, recommended that the Law not allow the 500 foot buffer and that the officer on the scene handle the situation properly. He went on to say that it may take a fatal accident caused by a tow truck before someone takes action. He stated that the Sheriffs town - based list is simple and is working. There are several tow truck operators in Wappinger and Wappingers Falls that can handle the work load. The operators that come from out of town are causing the problems. He addressed the issue about an accident victim having a say in who tows the vehicle. An accident victim may be shaken up on the scene and agree to let an operator tow the car. Then the car may end up out on Route 44 or Smith Street. Gary Borden, a representative of Dutchess Garage, 2755 West Main Street, was the next resident to speak. Mr. Borden stated that outside tow truck operators are staging around Wappinger waiting for accidents like vultures. He notified the Board that they have the power to stop this activity by banning chasing in Wappinger. Supervisor Ruggiero asked if it would be sufficient to not include the 500 foot buffer zone and focus on authorizing tow operators that are called by the Sheriff and State Police dispatchers. All Wappinger-based tow operators in attendance replied that the answer is to only allow Wappinger tow operators. Assistant Chief Paulo understood what both the operators and the Town were saying: the operators wanted only Wappinger tow truck operators to be allowed to tow in Wappinger and the Town has already stated that that is not a valid option. He went on to say that the 20 minute response time standard that would be in place would help. Eventually the operators that could not respond in the required time would be kicked off the list. Mr. Borden replied that the Town would not kick an operator off the lista Supervisor Ruggiero informed Mr. Borden that he was incorrect. Mrs. Niznik again claimed that the Sheriffs Department has already decided that the best thing to do is limit the number of tow operators and only include Town operators. The Wappinger operators will not fight over calls if they know that only Wappinger operators are going to be on the list and out-of-town operators will stop coming down to Wappinger if they know that they will not be allowed to operate within the borders of Wappinger. Councilman Beale asked what would happen when a LaGrange tow operator challenged the Sheriffs tow list. Sergeant Hughes, from the Dutchess County Sheriffs Department, added that the Sheriffs Department is under no obligation to supply vendors with commerce. If that were the case, there would be taxi lists and locksmith lists. If a vendor asks to be on the list, he will be assigned to a territory. The territories happen to be set up along township lines because they are well defined. They also have a 20 minute response requirement. Sergeant Hughes went on to discuss the concerns about "hasty decisions". If "hasty decisions" are made, the Deputy is required to include the reason for the decision in the report. Supervisor Ruggiero asked how the Sheriffs tow list fell apart. Sergeant Hughes explained that the Sheriffs Department used to allow a tow operator to be on the list for three townships. Over the past three years, the County has grown so much that it was taking operators extended lengths of time to respond to a call. Supervisor Ruggiero asked the Fire Department personnel in attendance if they noticed an improvement since the Sheriffs Department changed the list. Chief Valentino and Assistant Chief Paulo replied that they have. The Supervisor asked if the Town should then forget about the 500 foot rule and issue tickets to Town of Wappinger Page 3 Printed 4/19/2007 Special Meeting Minutes April 4, 2007 any operators that show up to a scene without being called from the list. Mr. McCluskey pointed out that the operators have figured out how to circumvent the 20 minute requirement. Councilman Beale and Mr. McCluskey agreed that the 20 minute rule could work if enforced. Lee Niznik, of Lee's Auto Body, 24 Marshall Road, pointed out that the he did not want to have to sit at Dunkin Donuts in order to solicit accident victims. He asked how the list would work if tow operators are already on the scene by the time the officer gets there. Mrs. Niznik added that she drives by accident scenes without being called, but only to ensure that other operators are not chasing. Gary Borgia, of Dutchess Garage, 2755 West Main Street, commented that he was on the Sheriffs list since August and received no calls until the list was changed. Supervisor Ruggiero asked the tow operators that were in attendance if they were all Town of Wappinger tow operators. Half of the audience was Wappinger tow operators. Councilwoman McCarthy asked if the list was working better since the Sheriffs made it a "township list". Rich Dingee, of Dingee's Towing, 117 Parker Avenue, Poughkeepsie, commented that the Sheriffs list is against the law. He said that he could not figure out what the problem was. He heard people claim that it took too long for tow trucks to arrive and then the same people complained that tow trucks were arriving before the police officers. Supervisor Ruggiero explained that the Local Law is aimed to address confusion at the scene, make the scene safer and provide a fair rotational list to work from. Mr. Dingee understands the feelings of the Wappinger tow operators. He doesn't want Wappinger tow operators in Poughkeepsie. He thinks that the 20 minute limit will eliminate most of the problem. Discussion followed. Supervisor Ruggiero asked Sergeant Hughes to go over the minimum qualifications for a tow operator to be on the list. Graham Foster noted that the new Sheriffs system seems to be working. He recommended that the Town table the issue for a while to see if it continues to work. Supervisor Ruggiero added that the Town could have a modified version that addresses the "chasing" scenario. Councilman Beale again stated that he is concerned what will happen when an out-of-town operator challenges the legality of the policy. He brought up other parts of the Local Law that are definitely needed. Supervisor Ruggiero pointed out that, if the Town was to yield to the Sheriffs Department to maintain the list and monitor operators, and the Town receives information that a tow operator is not cleaning up an accident scene, the Sheriffs Department might not remove that operator. Mrs. Niznik replied that a tow operator would not make the same mistake if the Sheriffs Department made them return to clean up the scene. Councilwoman McCarthy asked if that actually happens. Councilman Beale replied that it does not. Mr. Horan made the point that the City of New York has eliminated chasing. Only the operator that is called from the list may respond to the scene. The vehicle owner does not have the option to choose an operator. Mr. Borgia, Councilman Beale and Mr. McCluskey all disagreed with that policy. Assistant Chief Paulo clarified that an accident victim had the right to choose the yard that the car is towed to even if the tow operator is called off the list. Discussion followed. Supervisor Ruggiero summed up the discussion that took place. He stated that the Board needs to take the dialogue of the discussion into account and then take a look at the legislation again. He thanked all in attendance for showing up and taking part. The discussion was then closed at 9:24 PM. III. Adjournment 1. Motion To: adjourn at 9:24 PM RESULT: ADOPTED [UNANIMOUS] MOVER: William Beale, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Joseph Ruggiero, William Beale, Maureen McCarthy ABSENT: Vincent Bettina, Joseph Paoloni The Meeting Adjourned at 9:24 PM. Qcuw,", 10 hn C.(Masterson Town Clerk Town of Wappinger Page 4 Printed 4/19/2007