December 28, 2009: Town Board meeting

Regular meeting of the Hadley Town Board, Monday, December 28^th 2009 at 6PM held at the Hadley Town Hall, 4 Stony Creek Road, Hadley, N.Y.

Members present: Supervisor: Arthur Wright

Councilman: Charles Ovitt                                                                                           James Brewster

Councilwoman: Colleen DeMarsh                                                                              Susan Wilder

Also present: Highway Superintendent Joseph Monica, Attorney, Raeann Johnson and Pauline G. Smead, Town Clerk.

RESOLUTION # 110 was made by a motion from James Brewster seconded by Charles Ovitt        

                BE IT RESOLVED that the Hadley Town Board approves these transfers:

General: Transfer $240.00 from Code 1110.2 (Justice) to Code 1110.1 (Justice) RE: Additional Annual Court Clerk Salary for DA night

Transfer: $175.27 from Code 1410.4 (Town Clerk) to Code 1410.1 (Town Clerk) RE: Deputy Town Clerk salary

Transfer: $440.01 from Code 8010.2 (Zoning) to Code 8010.4 (Zoning) RE: Shelving Unit

Transfer: $2,500.00 from Code 7110.1 (Parks) to Code 8160.1 (Refuse) RE: Salary paid for mowing

Transfer: $55.40 from Code 8160.2 (Refuse) to Code 8160.1 (Refuse) RE: Additional Salary needed for Code

Transfer: $552.85 from Code 8160.2 (Refuse) to Code 8160.4 (Refuse) RE: Additional expense to Code. All Ayes.

RESOLUTION # 111 was made by a motion from Susan Wilder seconded by Colleen DeMarsh.                              

BE IT RESOLVED that the Hadley Town Board approves these transfers for,

 Highway: Transfer $1,015.40 from Code 5110.1 (General Repairs) to Code 5142.4 (Snow Removal)

RE: Additional Payroll to Code

Transfer: $12,238.03 from Code 5130.2 (Machinery) to Code 5142.4 (Snow Removal)

RE: Salt Purchase- All Ayes

RESOLUTION # 112 was made by a motion from Charles Ovitt seconded by Susan Wilder.

                BE IT RESOLVED that the Hadley Town Board hereby approves this transfer for the Sewer District. Transfer: $139.72 from Code 8110.4 (Admin) to Code 8110.1 (Admin) RE: Salary Charged to Sewer on 09/18/2009 for repairs completed. All Ayes

RESOLUTION # 113 was made by a motion from Colleen DeMarsh seconded by James Brewster. All Ayes

                BE IT RESOLVED that the Hadley Town Board have audited all pre-paid vouchers and all have been approved. All Ayes

General Abs # 48-49=$ 5,192.08              Highway Abs. #28=$5,765.08                  Sewer Abs#29=$150.00

RESOLUTION # 114 was made by a motion from Charles Ovitt seconded by Colleen DeMarsh .         

                BE IT RESOLVED that the Hadley Town Board have audited all vouchers and all have been approved for payment. All Ayes.

General: $16,563.15                              Highway: $37,709.89                                        Sewer: $464.55                           SW1: $5,362.36                               SW2: $672.34                                                      HO18: $75.34                                        Street Lights:$2,529.42

NO PUBLIC COMMENTS AT THIS TIME

Highway Superintendent stated that he had not provided the town Board with a Fuel Report as he will at month's end.

Supervisor Wright stated that he did not have an Agenda for this evening but he did want to take this opportunity to thank Councilwoman Wilder for serving on the Town Board for the last four years and wishes her well in whatever she chooses to do.

Attorney Johnson had provided the Town Board with Resolutions which the Hadley Town Board will have to adopt pertaining to the:

1. Rockwell Falls Volunteer Ambulance Service. She explained to the Town Board the Resolution authorizing waiver of collection of co-pay and deductibles.
2. Attorney Johnson also discussed in length the contract for ambulance service with Rockwell Falls Volunteer Ambulance Service Inc.
3. The Town of Hadley and the Fire District Inter-Municipal Asset Transfer Agreement
4. Town's Inter-Municipal Agreement for operation of ambulance district
5. Fire District Contingency Resolution for continued operation of Luzerne Hadley Consolidated Fire District ambulance by Rockwell Falls Volunteer Ambulance Service, Inc pending issuance of CON.

RESOLUTION # 115 was made by a motion from Charles Ovitt seconded by Susan Wilder. All Ayes.

A RESOLUTION TO PROVIDE FOR THE WAIVER OF INSURANCE CO-PAYMENT AND DEDUCTIBLES FOR AMBULANCE SERVICE PROVIDED TO RESIDENTS OF AMBULANCE DISTRICTS WITHIN THE TOWN OF HADLEY

          WHEREAS, the Town of Hadley (hereinafter "Town") has duly established an ambulance district known as the "Town of Hadley Ambulance District" (hereinafter "District"; and

          WHEREAS, on an annual basis the Town on behalf of the District will/has enter(ed) into a contract with Rockwell Falls Volunteer Ambulance Service, Inc. doing business as Luzerne-Hadley Emergency Medical Services (hereinafter "Ambulance Service) for the provision of emergency medical and ambulance services within the District for the benefit of residents of the District; and

WHEREAS, the aforesaid residents of the District through the payment of property taxes to the District help subsidize the provision of emergency medical and ambulance services within the District pursuant to the aforesaid contract; and      

WHEREAS, commencing in 2010, the Ambulance Service is to begin revenue recovery from persons utilizing their services through the billing of patients and or their insurers; and

WHEREAS, various insurance and third party payer programs that provide for the payment of fees for emergency medical and ambulance services for plan participants and subscribers impose a co-payment or deductible for said participants and subscribers, and

WHEREAS, the Town intends that a portion of the annual payments made by the Town to the Ambulance Service pursuant to the aforesaid contract constitute an amount reasonably calculated to reimburse the Ambulance Service for waiver of collection of insurance co-payments and deductibles of the District residents utilizing the ambulance service which might otherwise become obligations or liabilities of such District residents; and

          WHEREAS, various opinions of the Office of the Inspector General of the United States of America have opined that a municipality may contract for ambulance services and direct that collection of co-payments and insurance deductibles of residents of that municipality be waived by the ambulance provider if the municipality reimburses the ambulance provider in an amount reasonably calculated to reimburse the ambulance provider for the amount that the municipality directs the ambulance provider not to collect constituting insurance co-payments and deductibles from residents of the municipality; and

          WHEREAS, the Town of Hadley intends that the District residents not be charged insurance co-payments and deductibles for ambulance service provided by the Ambulance Service pursuant to the aforesaid contract;

          THEREFORE BE IT RESOLVED, that the Town Board of the Town of Hadley on behalf of the District directs that the Rockwell Falls Volunteer Ambulance Service, Inc. as the ambulance service provider for the aforesaid District waive any obligation or right to seek recovery of insurance co-payments and deductibles from residents of the District in consideration of an annual payment by the Town in an amount reasonably calculated to reimburse the Ambulance Service for insurance co-payments and deductibles of residents of the District; and

          NOW BE IT FURTHER RESOLVED, that commencing in 2010, said reimbursement amount shall be deemed included in the amount of the annual contract between the Town and the Ambulance Service and that in subsequent years, the amount reasonably calculated to reimburse the Ambulance Service will be determined on an annual basis and stated in the budget of the Ambulance Service and the amount of reimbursement included within the sum total of the contract amount paid in each succeeding year by the Town to the Ambulance Service.

After a long discussion, the resolution agreement below was authorized.

RESOLUTION # 116 was made by a motion from Charles Ovitt seconded by Colleen DeMarsh.

          BE IT RESOLVED that the Hadley Town Board hereby authorizes Supervisor Wright to sign this agreement once the Providers receives their certificate of need. All Ayes.

AGREEMENT BETWEEN TOWNS OF HADLEY AND LAKE LUZERNE AND

THE ROCKWELL FALLS VOLUNTEER AMBULANCE SERVICE, INC.

FOR EMERGENCY AMBULANCE SERVICE IN THE

TOWN OF HADLEY AMBULANCE DISTRICT AND

THE TOWN OF LAKE LUZERNE AMBULANCE DISTRICT

THIS AGREEMENT, made the 28 day of December 2009 between the TOWN BOARDS OF THE TOWN OF HADLEY AND THE TOWN OF LAKE LUZERNE, in the STATE OF NEW YORK, (hereinafter  "TOWNS") and the ROCKWELL FALLS VOLUNTEER AMBULANCE SERVICE, INC. doing business as LUZERNE-HADLEY EMERGENCY MEDICAL SERVICES (hereinafter "ROCKWELL FALLS"), a not-for-profit corporation organized and existing under the laws of the State of New York, with its office and principal place of business in the Town of Lake Luzerne, State of New York;

            WITNESSETH:

            WHEREAS, there have been duly established in the TOWNS ambulance districts known as the "Town of Hadley Ambulance District" and the "Town of Lake Luzerne Ambulance District" (hereinafter collectively referred to as "DISTRICTS"), inclusive of all territory within said TOWNS, and which are more fully described in the Resolutions establishing each DISTRICT; and

            WHEREAS, the TOWNS desire to enter into a contract for emergency medical and ambulance services (hereinafter collectively "ambulance service") for said DISTRICTS upon the terms and provisions set forth in various agreements; and

            WHEREAS, the TOWNS desire to establish a uniform and annually renewable contractual arrangement for ambulance service with ROCKWELL FALLS with the provision that ROCKWELL FALLS initiate revenue recovery for ambulance services provided within the DISTRICTS with the expectation that revenue gained be used to ease the tax burden for residents of the DISTRICTS and further, to provide for the continuation and improvement of ambulance service within the DISTRICTS.

            NOW THEREFORE, in consideration of the mutual promises recited herein and other good and valuable consideration the TOWNS do contract with ROCKWELL FALLS to furnish ambulance service to said DISTRICTS, and ROCKWELL FALLS agrees to furnish such ambulance service, subject to the following provisions:

            1.         TERM

This AGREEMENT shall be effective from January 1st  2010, until December 31, 2010, and may be renewed annually.

            2.         MODIFICATION

                        This AGREEMENT may be modified in writing upon the consent of all parties.

            3.         ROCKWELL FALLS' OBLIGATIONS

A.        ROCKWELL FALLS will provide Advanced Life Support (ALS) ambulance service to residents of the DISTRICTS and to non-residents for medical emergencies occurring in the DISTRICTS.  ROCKWELL FALLS will be solely responsible for supplying, maintaining, and equipping ambulances and for providing sufficient and properly trained personnel for the provision of such ALS ambulance service and shall comply with the lawful mandates of the State of New York Department of Health and the applicable Regional Emergency Medical Services Councils for the operation of such ambulance service.

B.        ROCKWELL FALLS will seek revenue recovery from persons utilizing the ambulance service.  Pursuant to mandates by each TOWN, ROCKWELL FALLS will not seek to collect co-pays or deductibles from residents of the DISTRICTS. 

            4.         OBLIGATIONS OF TOWNS

A.        In consideration for services provided by ROCKWELL FALLS, the TOWNS will provide ROCKWELL FALLS with annual payments in the following amounts:

                                                Hadley                       $ 123,066

                                                Lake Luzerne           $ 184,984

                                    derived from annual tax levied by the DISTRICTS, payable in one                                        (or more) payment(s) on or by the 4th day of January, 2010.

                        B.        As further consideration for the services provided by ROCKWELL                                      FALLS, the TOWNS will transfer all rights, title and interest in            vehicles and equipment obtained from the Luzerne-Hadley Consolidated Fire                              District and necessary for the provision of emergency medical and                                         ambulance services.

C.        A portion of said payment from each TOWN shall constitute the amount reasonably calculated to reimburse ROCKWELL FALLS for ROCKWELL FALLS' waiver of collection of insurance co-payments and deductibles from residents of the respective DISTRICTS.  This amount reasonably calculated to reimburse ROCKWELL FALLS will be recalculated annually and be attributed to portions of payments made in the next succeeding calendar year.

D.        The TOWNS will enact such lawful resolutions as necessary to effect the intended purposes of this AGREEMENT.

5.         REVENUE RECOVERY

ROCKWELL FALLS as the transporting agency will bill patients, their insurers (including private insurers, Medicare and Medicaid) and guarantors at the usual and customary rates for the provision of ambulance services including applicable Basic Life Support (BLS) or ALS emergency medical services.  Bills for services will only be submitted to patients transported to or from a health care or health related facility or as otherwise permitted by law. The expenses incurred for pursuing revenue recovery shall be borne by ROCKWELL FALLS and ROCKWELL FALLS may contract with vendor(s) to supply revenue recovery services.

            6.         INDEMNITY

To the fullest extent permitted by law, ROCKWELL FALLS will defend, indemnify and hold harmless the TOWNS and DISTRICTS in any claim for personal injuries, damages, or administrative enforcement arising out of ROCKWELL FALLS' operations, actions, or obligations under the AGREEMENT.  To the fullest extent permitted by law, the TOWNS will indemnify and hold harmless ROCKWELL FALLS in any claim for personal injuries, damages, or administrative enforcement arising out of a TOWN's or a DISTRICT's operations, actions, or obligations under this AGREEMENT.

            7.         INSURANCE

ROCKWELL FALLS shall procure and maintain general liability insurance including EMS practitioner's liability coverage with limits of liability of no less than $1 million dollars primary coverage per occurrence and $1 million dollars excess/umbrella, and shall name the TOWNS and DISTRICTS as additional insured on a primary basis under such policy (ies) for any claims arising out of the operations, actions, or obligations of ROCKWELL FALLS in providing ambulance services.  ROCKWELL FALLS will provide commercial or business vehicle coverage on all vehicles with minimum limits of $1 million dollars primary coverage, $1 million dollars excess umbrella.   ROCKWELL FALLS will provide a certificate(s) of insurance to the TOWNS evidencing the existence of the procured coverage and the additional insurance endorsements required herein.

            8.         AUDIT AND FINANCIAL CONTROL

 On A Monthly Basis:

••              ROCKWELL FALLS will provide the TOWNS with reports prepared by ROCKWELL FALLS or its billing vendor evidencing the number of calls generating bills, amounts billed, revenue received, accounts deemed uncollectible and such other non-privileged financial information as the TOWNS may require.

••              ROCKWELL FALLS will provide the TOWNS with copies of bank statements and account reconciliations.

The reports and documentation required herein will be provided to the TOWNS in a format approved by the Town Supervisor or fiscal officer of each TOWN.  Nothing herein shall require ROCKWELL FALLS to disclose a patient's identity or other protected health information as governed by HIPAA or other governmental statute, rule or regulation.

                        On An Annual Basis