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1994-12-20 SPECIAL TOWN BOARD MEETING DECEMBER 20,1994 6:30 p.m. MTG.# 73 RES. 648-650 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Nick Caimano Councilman Carol Pulver Attorney Paul Dusek TOWN BOARD MEMBERS ABSENT Councilman Dr. R. George Wiswall Guests: Mr. Dick Goedert Mrs. Connie Goedert Supervisor Champagne-Called the meeting to order. DISCUSSION Emergency Squad Contracts Attorney Paul Dusek-Noted that the contracts presented are for West Glens Falls Emergency and West Glens Falls Fire Dept., all the others are the same...The Town Clerk will receive a complete set for each of the companies both Fire and Emergency...the proper numbers will be inserted in the documents... Discussion held regarding contract dollar amounts, that they would be imputed less the truck fund. Councilman Caimano-As I see it you will be getting a notification from the Town Board as to the total amount of the overage that is in this fund and along with that notification each of you will get a notification of what each of you has requested at this point, there will also be requested as the Supervisor has said to tell us what our requirements are going to be for the foreseeable future. The fund has $239,000 in it at this point. Councilman Pulver-I was under the assumption that the contract would read we will use their's as an example, 125,760. and there would be a place in the contract which would also say $20,000 of contract money would be set aside to go into a vehicle fund. Councilman Caimano-We cannot do that, it is illegal to do that. Mr. Goedert-Questioned if they wanted to replace an ambulance in 1995? Councilman Caimano-You can't, you cannot spend the money until 1996. Attorney Dusek-The contract amount that you enter into for 1995 that is it, that is all the money they will get from the Town in 1995, if in 1995 in June you say we need a vehicle the Town cannot legally give you any more money because the contract is it for '95 in '96 when you come back to negotiations again if the vehicle is needed in '96 fore instance you could come back to the Town and say we need that vehicle it will cost $40,000. and then you could also say to the Town look you did not give us the $20,000 the last time that we would have put into our vehicle fund and $20,000 for the next year so therefore we want you to increase our contract by $40,000 and we know you have the money because it is sitting in surplus, it has never been spent. Councilman Monahan-What we are saying is that the money is going to be there for anybody that can justify their needs. Mrs. Connie Goedert-So, you are telling me that you are giving me $20,000 but then you are tell me I cannot have it in 1995 and then you are telling me in 1996 if I come here and don't justify to you guys that I need an ambulance then we still are not going to get the money but then you are telling me you are agreeing to giving me $125,760 when it comes to the papers? Attorney Dusek-I want to make clear because I do not want any mis-representations here at this table, they are not giving you the money that is exactly what is happening, they are giving you $105,760 what we will contract for your company this year and they are saying next year when it is time for a new contract at that point if you have a need for an ambulance they will discuss it again and if they are in agreement with you one of the arguments obviously they will not be able to use against you is to say gee, we do not have the money, because you know they have the money... Discussion held: The Supervisor has requested that the companies have a plan as to the replacement of equipment...hopefully within the first quarter of 1995... Attorney Dusek-The Town enters into contract with each of the companies, the money that is left over because there is obviously going to be less money spent than was raised in the taxes that will be held as part of the fire district protection fund for the fire protection district it will be one lump sum of money, that is a surplus fund that will be invested as our other town funds, next year when it comes time to contract negotiations again obviously you go through the same process and the money is laid out for the contracts at that point in time. That is why I want to make sure you understand, the money is not being the $20,000 and saying ok this is West Glens Falls money it is not, it is the town's money... Councilman Monahan-Fred when you talked to the County to get a different tax set up on the books between fire and ems did they tell you in another year that perhaps that could be broken down into two taxes so we could at that time break this surplus funds into two different accounts. Supervisor Fred Champagne-Yes. Mr. Goedert -Questioned, who will sit here and say who needs the ambulance and are you going to give it to us, what is our outcome if you say no? What are our options? Councilman Monahan-It is just like any department in the Town, unless the Town hits rocky bottom times, things might change, but otherwise if they need a piece of equipment I have never set on a Board but what has seen the reasons and the justification of having good equipment. Mr. Goedert-I just want to ask what if, because we have always managed our own money and plan it for our own ambulances and quite honestly we have done an excellent job, we have to address that now rather than wait till we have signed a contract. Attorney Dusek-I do not think that this can be addressed right now, I think that the vehicle fund should get addressed in the next years contract as part of everything that is going on, because you are asking for the plans and it seems to me that nobody is going to know where you stand with ambulances or replacement or anything else until these plans are there. If the parties can reach an understanding this year that says, we understand town that you have got the money set aside that you did not lower the tax rate and cause a problem where you are not going to have the money later it is all there. Now, in the first part of '95 it would behoove all the parties to sit down and get this whole situation straighten away as to how you are going to do this process. I do not think you can do it now I do not see that there is enough time. Councilman Pulver-If they come in, in June of 1995 and want to buy their ambulance and want's the $20,000 they can not get it in 1995. Councilman Monahan-We cannot touch it until 1996. Councilman Caimano-Noted that we make the budget in 1995 for 1996... REVIEW OF CONTRACTS FOR EMERGENCY SQUADS # 1 Is the type of service being provided. #2 Addressing type of service and also a clause for the Highway Dept. to remove snow. #3 No charge, that has always been there. #4 Insurance coverage a standard clause #5 Is dollar amounts 50% January 15th 50% July 15th #6 One year #7 monies can only be used for the following purposes...A. refers to a budget, the company will have to attach a copy of its budget and then it says you can change money between budget lines except that you cannot do that on the vehicle fund, insurance or mortgage lines, any money that is left over will go for off set of expenses for next year or purposes of reducing debt. Discussion held regarding flexible or variable mortgage, etc... Will now read... ALLOCATIONS SUPPORT THE BUDGET LINE MAYBE TRANSFERRED TO ANY OTHER BUDGET LINE EXCEPT THAT THIS SHALL NOT APPLY TO BUDGET LINES FOR VEHICLE INSURANCE, MORTGAGE, WHICH BUDGET LINES AND TRANSFERS INTO OR OUT THEREOF SHALL BE SUBJECT TO THE TOWN BOARD APPROVAL. B. does not include Fly Car C. says you always maintain vehicle funds separately D. says using an Accountant of its choice, and furnish an accounting of the monies received from the Town by 1. submitting the financial report 2. the company has to submit its books and records an independent audit by a certified public accountant selected by the Town Board and paid for by the Town Board 8A. The Rescue Squad agrees not to purchase or to enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make improvements thereon, that would require the rescue squad to acquire a loan or mortgage without prior approval of the Town Board of the Town of Queensbury. 8B. Will not sell vehicle except through highest bid... (requested that this also be placed in the Fire Contracts) 9. re: unforeseeable events 10. re: alarms 30 day clause 11. Rescue Squad agrees to maintain volunteer service awards points.. 12. Insurance modified...one million per occurrence with aggregate...generalliability coverage the Rescue Squads and the Fire Questioned raised regarding 10% clause...will be included in Company contracts. 13. The Assignment Clause 14. Rescue Squad agrees to prepare one and five year plans... 15. No assigned unless written consent of the board. Add: assign temporarily.... 16. -20. standard language FIRE CONTRACTS 1. Add $ amounts paid on March 1st. 1995 2. Talks about what the fire company does. 2B. Talks about money received... add: wording as in rescue squad contract 2b3. cannot take money out of there 4. Fire Company shall use an accountant of its choice 3. Contract period one year 4. Best efforts 5 A. Not to purchase B. Not to sell- (same as Rescue Squad Contracts) 6. unforseen 7. 30 day clause 8. Service Awards 9. Insurance Clause Add the 10% clause 10. OSHA 11. 10 day written request access to the property 12. One in five year plans 13. duties, responsibility rights 14. -18 all standard Supervisor to review: Bay Ridge will $15,000 truck fund Yes. Qsby. Central no West. Glens Falls- $58,000 Yes So. Qsby. no No. Qsby. Yes Bay Ridge Rescue no W.G.F. Rescue no No. Qsby. Rescue no RESOLUTION SETTING PUBLIC HEARINGS ON EMERGENCY AMBULANCE SERVICE AGREEMENTS RESOLUTION NO.: 648.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District embracing the entire territory of said Town and the Town Board of said Town proposes to provide emergency ambulance service therein by contracts with three (3) rescue squads known as: 1) Bay Ridge Rescue Squad, Inc.; 2) North Queensbury Rescue Squad, Inc., and 3) West Glens Falls Emergency Squad, Inc., and WHEREAS, the Town Board desires to provide for furnishing of emergency ambulance service within said Town of Queensbury Fire Protection District, and WHEREAS, Section 184 of the Town Law and Section 209(b) of the General Municipal Law require a public hearing upon the agreement provisions for such emergency ambulance service, NOW, THEREFORE, BE IT RESOLVED, that a public hearing be had with reference to the proposed agreements for the furnishing of emergency ambulance service for the Town of Queensbury Fire Protection District, on Janaury 3rd, 1995, at 7:00 p.m., and that notice of such hearing be published in the Post-Star Newspaper once on or before the 23rd. day of December, 1994, and that such notice shall specify the time when and the place where said hearing will be held and describe in general terms the proposed agreements, and be in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that copies of the proposed agreements be kept and maintained in the Town Clerk's Office and be made available for inspection by any interested party. Duly adopted this 19th day of December, 1994, by the following vote: AYES : Mrs. Monahan, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: Dr. Wiswall RESOLUTION SETTING PUBLIC HEARING ON TOWN FIRE PROTECTION AGREEMENTS RESOLUTION NO. 649.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District known as the Town of Queensbury Fire Protection District embracing the entire territory of said Town, and WHEREAS, the Town Board of the Town of Queensbury has previously arranged to provide fire protection therein by contracts expiring December 31, 1994 with five (5) Fire Companies known as: Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., and WHEREAS, the said Town Board is desirous of entering into new agreements with the said Fire Companies for 1995, and WHEREAS, Section 184 of Town Law requires a public hearing upon the contract provisions for such fire protection, and WHEREAS, the said agreements are presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that a public hearing be had with reference to the proposed contracts for the furnishing of fire protection for the Town of Queensbury Fire Protection District on January 3rd, 1994 at the Queensbury Activities Center, Town of Queensbury, 531 Bay Road, Queensbury, New York, at 7:00 P.M., and that notice of such hearing be published in the Post-Star Newspaper, once at least 10 days prior to the said hearing, and that such notice shall specify the time when and the place where said hearing will be held and describe in general terms the proposed agreements and be in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that copies of the proposed agreements be kept and maintained in the Town Clerk's Office and be made available for inspection by any interested party. Duly adopted this 20th day of December, 1994 by the following vote: AYES: Mrs. Pulver, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Dr. Wiswall RESOLUTION ADJOURNING MEETING RESOLUTION NO. 650.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queenbury hereby adjourns its meeting. Duly adopted this 20th day of December 1994 by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Dr. Wiswall Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury