261.2001
RESOLUTION AUTHORIZING ENGAGEMENT OF MONTFORT, HEALY,
MC GUIRE & SALLEY, JEFFREY B. SILER, OF COUNSEL, TO
REPRESENT NORTH QUEENSBURY VOLUNTEER RESCUE SQUAD, INC.
IN STUMVOLL V. LUCE LITIGATION ACTION
RESOLUTION NO.: 261, 2001
INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Queensbury Town Board has contracted with the North Queensbury
Volunteer Rescue Squad, Inc., (Rescue Squad) for the provision of general emergency ambulance
service within the Town, and
WHEREAS, members of the Rescue Squad are considered Town employees for purposes of
injuries sustained while performing work for the Rescue Squad, and
WHEREAS, the Town of Queensbury, as the provider of workers compensation coverage to
the Rescue Squad, is responsible to provide for the legal defense of the Rescue Squad, and
WHEREAS, the Rescue Squad is a defendant in a lawsuit commenced as a result of a collision
in 1997 between a Rescue Squad vehicle and a car in which a member of the Squad was injured, and
WHEREAS, the law firm of Montfort, Healy, McGuire & Salley, Jeffrey B. Siler of Counsel, is
already representing the Rescue Squad driver in this litigation and the firm has offered to also represent
the Rescue Squad for a fee not to exceed $200per hour plus reimbursable disbursements as delineated
in the firm’s letterdated June 4, 2001 presented at this meeting, with the understanding that the Town
will split equally the amount of legal expenses with the Rescue Squad’s insurance company which is
representing the Rescue Squad’s driver in this litigation,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Montfort,
Healy, McGuire & Salley, Jeffrey B. Siler of Counsel, to represent the North Queensbury Volunteer
Rescue Squad, Inc., in the matter of Joan E. Stumvoll v. Lenore K. Luce/Lenore K. Luce v. Franklyn
P. Bushey, Jr. and the North Queensbury Volunteer Rescue Squad, Inc., et al., for a fee not to exceed
$200per hour plus reimbursable disbursements, as delineated in the firm’s letterdated June 4, 2001
presented at this meeting, up to an amount not to exceed $15,000, with the understanding that the
Town will split equally the amount of legal expenses with the Rescue Squad’s insurance company
which is representing the Rescue Squad’s driver in this litigation, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes payment for these services from
Emergency Services Fund, Legal Services EMS Account No.: 005-3410-4130-4981, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Comptroller’s
Office to transfer $15,000 from the Emergency Services Fund, Miscellaneous Contractual Account to
Account No.: 005-3410-4130-4981, amend the 2001 Town Budget, make any adjustments and/or
budget amendments and take any action necessary to effectuate the terms of this Resolution.
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Duly adopted this 18 day of June, 2001, by the following vote:
AYES : Mr. Turner, Mr. Stec, Mr. Brower, Mr. Martin
NOES : None
ABSENT: None
ABSTAIN: Mr. Brewer