A Workshop regarding the Moreau Emergency Squad Contract Amendment was held by The Town Board of the Town of Moreau on June 13, 2006 in the Town Office Building,

61 Hudson Street, South Glens Falls, NY  12803.

The Workshop was opened at 6:10 p.m

Harry G. Gutheil, Jr. Supervisor (arrived at 6:10 p.m.)

Bob Prendergast Councilman

Niki Baker Councilwoman

Todd Kusnierz Councilman

Rich Hewlett Councilman

None

Others Present: Martin Auffredou, Attorney for the Town, Andre Delvaux from the Moreau Emergency Squad, Dennis Tarantino, Attorney for the Moreau Emergency Squad Mike Seney and Barbara Mose, Deputy Town Clerk.

Attorney Auffredou stated that there was a fundamental question that the Board needs to answer. Depending on what that answer is the Board will move on to a couple of

other questions.

The first question is: Is this arrangement something that the Town Board wants to do?

Does the Town Board want to establish fees for third party billing? Does the Town Board want the Emergency Squad to bill and collect those fees? Does the Town Board want the Emergency Squad to deliver those fees to the Town? Does the Town Board want those fees deposited and to periodically pay the Emergency Squad what the State Comptroller’s office calls an equivalent sum?

The Board can’t say that they are holding those fees in a special account or those fees are compensation to the Emergency Squad or dedicated to the Emergency Squad.

The Town Board would have to say that we establish the fees, we agree that the Emergency Squad can collect those fees. The Emergency Squad can hold on to those fees temporarily in their account. Pursuant to an agreement that you would have with the Emergency Squad, they must deliver those funds to the Town. Once they are delivered to the Town, they become part of the General Fund. The Town would say in their agreement that the Town would on a periodic basis pay the Emergency Squad an equivalent sum.

The Question is: Does the Town want the Emergency Squad to do this? If the answer is yes, then the Town has to establish what fees should be charged. The Emergency Squad would have to agree to accept these fees.

The Town Board establishes these fees because these fees are Town property. Even though the Emergency Squad will be billing and collecting, they are still Town property.

Once the Town establishes what the fees are there is the question of the proper agreement.

Dennis Tarantino has set this up as an addendum to your March, 2006 contract with the Emergency Squad. Attorney Auffredou stated he thought that was the correct way to proceed.

Attorney Auffredou stated there were a couple of items that he would change in the most recent addendum and he would draft the language with Attorney Tarantino’s permission.

Attorney Auffredou stated that he thought the language was very close if the Town decides to move ahead with this arrangement.

Because the Moreau Emergency Squad would be creating an addendum to the agreement with the Town or if they are entering into a new agreement a Public Hearing is necessary.

Attorney Auffredou stated that the Emergency Squad would have to bill uniformly and fairly. Everyone would be billed whether they had insurance or not. The Emergency Squad

would make reasonable efforts on their own behalf and behalf of the Town to collect the fees. The Emergency Squad would be solely responsible for the collection of fees even

though they might contract with a third party.

The bill would be an Emergency Squad bill for the benefit of the Town.

Councilman Prendergast was concerned that the Town Residents would be confused over the bill having the name Town of Moreau on it with a Baldwinsville, NY address.

Andre Delvaux stated that the way it is set up when you sign contracts with Multi Med you tell them how aggressive you wish to be as far as collections. Andre stated that they

picked the least aggressive method.

Andre stated that there would be the initial bill. If the bill is not paid a second letter would be sent as a follow-up. If the bill is not paid at this time, the bill would be written off. According to Medicaid and Medicare Laws, an attempt to collect has to be made.

Andre stated if someone came to him and said he couldn’t pay the bill he would tell them not to worry about paying. This would not be reflected on their credit.

Attorney Auffredou stated again that the responsibility to bill and collect is solely the Emergency Squad’s.

Since the Emergency Squad is an agent of the Town and we have a contract that states such, there may be some necessity for them to be bonded.

Andre stated that the Village of South Glens Falls, Town of Moreau and Town of Northumberland fall within the Moreau Emergency Squad’s district.

Attorney Auffredou stated that a budgetary amount would have to be set up and they would only be paid the amount that comes in from fees, an equivalent amount.

Attorney Auffredou complimented the Squad for doing everything they could to minimize the amount of work for the Town.

Councilman Kusnierz stated that the Board had to answer the question that Attorney Auffredou asked earlier in the meeting. Does the Board want to enter into this agreement?

Supervisor Gutheil asked and each Board Member agreed that they were in favor of entering into this agreement with the Moreau Emergency Squad.

Councilman Kusnierz asked Attorney Auffredou if any neighboring towns have addressed this same situation.

Attorney Auffredou stated that Corinth and Queensbury are already doing so. His concern was that we know the State Comptroller’s opinions and we have to comply.

Attorney Tarantino stated that what they have put on the table is in compliance. He stated that maybe it is not perfect, but it is in compliance.

Councilman Kusnierz asked if the Comptroller’s opinion was equal to law.

Attorney Auffredou stated that if you don’t follow it you will be subject to criticism and we do not want to be in this situation.

Attorney Auffredou stated that the next question was what are the fees?

There has to be a rational basis for these fees. The Town Board must set these fees.

The Town Board has to look to other towns to see what they are doing and to ask Andre questions.

Andre listed some of the fees that are being charged in surrounding areas and came up with amounts that he felt was fair for our Town.

Discussion followed regarding fees and the action that would be taken to collect these fees.

Attorney Auffredou stated that the Town Board by giving the Moreau Emergency Squad this authority is deferring to the Squad to make the judgment call on collection. This collection would be the least aggressive. A letter would be sent or a phone call made and if the bill wasn’t paid it would be written off.

Councilman Prendergast asked if a complaint was made by an individual who received treatment from our Squad would the Town be liable or any more liable with this new Agreement?

Attorney Auffredou stated yes, but they have insurance.

Attorney Auffredou stated that the Town Board has to establish fees and those fees have to be adopted by resolution. That resolution can be be appended to the addendum with the contract. There has to be another Public Hearing so that the public can comment on this addendum. The Squad needs to find out if they can obtain some type of bond because they are acting as an agent of the Town in a financial matter.

Attorney Auffredou stated we need a record and asked if Andre could share the e-mails that he received from surrounding Towns regarding fees. He also stated that the Town needs to independently communicate with other municipalities to see what their fees, their structures and what their arrangements are and build a record.

Attorney Auffredou stated that we need to get all the info about the squad--how many trips, where to, etc.

Supervisor Gutheil stated we need to set up a budget and if it is off we can amend it.

Before the Public Hearing the Town Board needs to know what the budget is going to be, what the fees are going to be and understand what the addendum is going to look like.

Supervisor Gutheil suggested we set up a committee to work with Andre and get all this information to the Board so that a workshop or special meeting can be scheduled.

Councilman Hewlett and Councilman Prendergast will work with Andre.

Andre will provide the fee schedule as discussed, expected payroll, expected revenue based on their current call volume for the last 6 months.

The Workshop ended 7:05 p.m.

Respectfully submitted,

Barbara Mose

Deputy Town Clerk