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2003-01-21 SP SPECIAL TOWN BOARD MEETING JANUARY 21ST, 2003 MTG #4 RES. #64-64A 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS Henry Hess, Comptroller Supervisor Brower called meeting to order... 1.0 RESOLUTIONS None 2.0 DISCUSSIONS 2.1 FIRE COMPANY CONTRACTS SUPERVISOR BROWER-We have scheduled the public hearing for this coming Monday, therefore the contract has been out for public dissemination and I think that being the case, maybe we should reserve any action we might take until that Monday but certainly we can discuss the different proposals... Town Board held discussions regarding the following issues relating to the fire company contracts: OPENING THE CONTRACTS TO DISCUSS AN INDEPENDENT BOOKKEEPER ... Councilman Stec- It doesn't give us the right to impose the bookkeeper, it just gives us the right to say we want to talk about a bookkeeper. I'm just for standardization whether it's a human being or a format or a process so that we have an apple to apple's comparison... NO PERCENTAGE INCREASE FOR SMALL EQUIPMENT FUNDS... Supervisor Brower-None of the fire companies' small equipment fund was increased three percent, it was all remaining at last year's level but the operating budget increased for each company... AUDITS AND FINANCIAL DISCLOSURES OF FUND RAISING MONIES... Comptroller Hess, we're going to do a two year contract, we're going to leave the provision in the contract, we're going to conduct a town audit this year which we haven't for five years and let that pose the question. The auditor may say, no, we're okay. He may identify things, and say that we need to be corrected... You have your concerns, I have my concerns, and we would address those issues in addition to his normal scope of scrutiny. He has his own scope that he has to go through but there are also things that you could say, we'd like you to pay special attention to this... ADDENDUM TO WEST GLENS FALLS CONTRACT REGARDING ROOF... Supervisor Brower-I spoke to Henry about that, and Henry didn't feel that would be appropriate because he indicated that the Town Board can address an issue like a roof problem on it's own with a simple resolution. We don't need to make it part of the contract which is supposed to be uniform for all five companies. Councilman Brewer-I think we have to stress to them that our intention is to fix that roof this year. Councilman Stec- Did we budget for the roof? Comptroller Hess-No, we didn't budget but there are ways. If anyone has any question about the provision that allows you to open the contract, page 10, item 6, unforeseen events is really intended to cover that.. . Comptroller Hess- I just want to make one comment on the status of the contract and that is, we distributed to all the squads in time for them to see it asking them to raise any questions, to make any comments they had, also asking them if you need money on this contract to requisition, they all did. Now, to me that implies substantial acceptance. Signed contracts, they've all got nearly a hundred thousand, some more, some a little less, depending on the formula. CONTRACT PAYMENT INSTALLMENTS... Councilman Boor-Are they going to be able to live with the fact that it's done in thirds? Comptroller Hess-It's not, it's fifty, twenty-five and twenty-five. Councilman Stec-I think that's reasonable. Councilman Boor-They can always come if there's an emergency. Councilman Stec- The argument that we keep hearing is, we lose the interest and I disagree with that because it stays in the fire fund. Councilman Brewer-I don't think that's a real big issue. Supervisor Brower- We're giving them a hundred percent of the insurance up front and fifty percent of the operating expenses and a lot of them took a big chunk right up front and we haven't even signed the contracts. Comptroller Hess-Most of them got more then fifty percent of their normal payment and if this is adopted and they sign their contracts right at the 27th, on the 31st we'll be paying them the addition, what's left. DISCLOSURE OF FUND RAISING MONIES Councilman Brewer-There was another place in this contract they were worried about that I don't know if it was written in the new contract, that they have to tell us how much money they have in fund raisers. Comptroller Hess-We went through that back in 1997 and when we did that audit, I mean, that is absolutely an audit requirement, you can't partially disclose the operations of a business. If it's not complete, how incomplete is it? We went through that and you're not going to find an auditor, a CPA who will partially do an audit and not give you full disclosure. Councilman Brewer-Was it in this contract? Comptroller Hess-Yes, it's been in the contract. Councilman Brewer-The fund raising money? Comptroller Hess-Yes, they've been showing it to us since 1998. All of them gave it but two, there's two companies back then that did not disclose, West and Bay Ridge Rescue and at that point, the auditor said you absolutely have to do that, it's not a compliant audit report unless you do. So, they've all been giving it to us since then and the board's never offset it against their... Councilman Stec-I don't think that their angle is that they've got something to hide other then the fact that I think that the fear is that their going to get a reduction. If they have a windfall because of exceptional fundraising success that somehow they'll suffer, that's their concern. Supervisor Brower-There's nothing to guarantee that a future board won't use it against them but frankly, I think it's important they disclose it and disclose what they're spending it on. Councilman Boor-It all goes back to that issue of the taxpayer. You go to a fundraiser and it's (towered????) as a volunteer fire department fundraiser, the reality is that they don't have to spend a dime of that for fire protection. So, I think it's important that we at least have those numbers. I look at it as a public responsibility, I mean, they're using the name and the implication is that it will go for fire protection and yet they're not by law required to use any of the funds they raise, like someone said, they could plant tulips some where with it if they want to. So, I think it's important that we at least have that information.. . PURCHASE OF CELL PHONES Councilman Brewer-How about the conversation we had with them buying cell phones? That to me, is communication equipment. Comptroller Hess-There's nothing in the contract that prevents them from using their operating funds to do that. There's something in the contract that they can't use them for their personal use. Councilman Stec- The phrase reimbursement for the purchase of telephones by members. So, the way I read this, if a member buys a cell phone or has a cell phone bill, the town is not interested in paying for that. But it doesn't say that they company couldn't buy cell phones. Comptroller Hess-We have some that do that. Councilman Stec- That's what I thought. Councilman Boor-My understanding was though that they were looking for additional monies for cell phones. Councilman Stec-And to which I would say, your budget is what you've got for that. Councilman Boor-Exactly, if you want to take it out of your budget, that's fine but I also want to see that in the audit. LANGUAGE CHANGES IN THE CONTRACT Comptroller Hess-The only changes are the opening clauses. Page 8, the second two paragraphs. One says, we acknowledge the intention to reopen and we have a possibility of reopening, it's not a mandate that a change be made. Secondly, there's a paragraph in there that says, by the way, it's always been assumed that a contract lives until it's replaced, this specifically says that if a contract is not replaced by January 1st of the expiration year, then it stays into effect until it's replaced. We've always done that but this one says that. Other then that, there is no language changes in this contract, it's an identical contract. Town Board held discussion regarding standardization of purchases for the fire companies... 2.2. OLD BUSINESS - TOWN REPORT SUPERVISOR BROWER-We have the bid analysis for printing of the town report and the writing of the town report as well as the coordination... Bill did check with the vendors and with our attorney and if we're not happy with the quality of the town report that the low printing vendor would provide, we can cancel the contract after one issue or two issues or whatever and award it to the next bidder... Town Board held discussion, a question was raised regarding typesetting and Supervisor Brower noted that he would get that information to the board ... would like to have resolution for Monday night's meeting and recommended the low bidder for printing, Glens Falls Forms and Labels and Post Communications for writing... Councilman Boor questioned whether we can cancel either contract if we're not satisfied and Supervisor Brower noted yes.... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 64, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a matter relating to potential contract. Duly adopted this 21st day of January, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION AND ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO.: 64A, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session, and BE, IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's Special Town Board Meeting. Duly adopted this 21st day of January, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY