338.2019 Termination of Merchant App ETS
RESOLUTION AUTHORIZING TERMINATION OF
MERCHANT APPLICATION AND AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND ELAVON/US BANK (FORMERLY KNOWN
AS ETS) REGARDING PROVISION OF
ON-LINE PAYMENT OF TOWN WATER AND SEWER BILLS
RESOLUTION NO.: 338, 2019
INTRODUCED BY: Mrs. Jennifer Switzer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 122,2015, the Queensbury Town Board authorized a
Merchant Application and Agreement with ETS (Agreement), which provided for a payment system
whereby the general public can view water and sewer bills and/or make water and sewer bill payments
online via credit cards, and
WHEREAS, ETS was acquired by Elavon/US Bank (Elavon) in 2018 and services have
continued since that time in accordance with the Agreement, and
WHEREAS, the Town’s Receiver of Taxes and Assessments (Tax Receiver) has advised of an
ongoing issue with Elavon whereby the amounts retained by Elavon each month are incorrect and the
Tax Receiver has had a difficult time reaching a resolution of this issue with Elavon, and
WHEREAS, the Tax Receiver has therefore recommended that the Town Board terminate its
Agreement as a discrepancy in the Town’s accounts cannot be tolerated, and
WHEREAS, the Town Board concurs with the Tax Receiver’s recommendation to terminate
the Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the termination
of its Merchant Application and Agreement with Elavon/US Bank (Elavon) as delineated in this
Resolution effective October 31, 2019, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town’s Receiver of
Taxes and Assessments and/or Town Counsel to forward to Elavon a certified copy of this Resolution
along with a letter informing Elavon that the Town is not permitted to retain excess funds or allow
Town monies to remain unpaid and any discrepancies must be immediately reconciled, and accordingly,
the Town has decided to terminate the Agreement and request that Elavon generate and deliver to the
Town the proper Agreement termination document, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Tax
Receiver, Town Budget Officer and/or Town Counsel to take such other and further action necessary
to effectuate the terms of this Resolution.
th
Duly adopted this 7 day of October, 2019, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Ferone, Mrs. Switzer
NOES: None
ABSENT: Mrs. Atherden