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HomeMy WebLinkAbout2001-12- 5TB 12 -5 -01 TOWN OF DRYDEN TOWN BOARD MEETING DECEMBER 5, 2001 Board Members Present: Supv Mark Varvayanis, Cl Ronald Beck, Cl Charles Hatfield, Cl Deborah Grantham Absent: Cl Thomas Hatfield Other Elected Officials: Bambi L. Hollenbeck, Town Clerk Jack Bush, Highway Superintendent Other Town Staff: Mahlon R. Perkins, Town Attorney Henry Slater, Zoning Officer David Putnam (TG Millers), Town Engineer Kevin Ezell, Assistant Zoning Officer Supv Varvayanis opened the meeting at 7:15 p.m. After discussion with the Town Attorney, the Board decided that it would discuss the proposed contract with Dryden Ambulance, Inc in open session. Board members reviewed a draft contract for ambulance service prepared by Atty Perkins between Dryden Ambulance, Inc. and the Town of Dryden. Cl Beck asked about paragraph 2(c) and the amount paid for volunteer ambulance worker insurance and Atty Perkins explained that amount could not be passed on and was a statutory requirement of the Town. It is based on the number of ambulances, and Atty Perkins stated that he did not think the law was intended to cover a situation where they volunteer for a profit corporation such as Bangs, and an opinion would need to be obtained. Cl Beck - Paragraph 2(a), is that saying that there's only going to be one certified paramedic available? The second ambulance dispatched won't have one on board? Atty Perkins - That's what that says. Supv Varvayanis - That's what we've been doing. Cl Beck - That's not a change. Another call... Atty Perkins - It means that if a ambulance has been dispatched and the paramedic is on board and there is a subsequent call for the second ambulance somewhere else, that doesn't have to have a paramedic on it. It's a policy decision, what's expected as a level service. I specifically left out how many they would employ, whether they are frill or part time. The idea is that 24 -7 that first call will roll with a paramedic, with no exceptions. Cl Beck.- I understand the economics, but there may be quite a. fete times there's a second call. Atty Perkins - I think you'd have to ask Dryden Ambulance for sure about this, but 1 think what happens is if they get a second call and the first call results in that not serious a thing, they get the paramedic to the second call. Cl Grantham - 4(c) is saying that .Dryden Ambulance will do the billing? Atty Perkins - All o1`4 says that, tt says that it is up to the Town as a matter of statute to adopt rules and regulations concerning how that will be handled. 4(b) requires them to Pagc I of 10 t� `1 ,0 TB 12 -5 -01 obtain the information necessary for them to complete the billing aspect of the service. 4(c) has to do with the collection of the funds. 4(d) does not allow them to charge any person except in accordance with the Town's rules and regulations. You should pay particular attention to 4(e) which is new. Supv Varvayarus - It's new in the contract; it's not new policy. Atty Perkins - I don't know whether it was part of the policy before or not. I thought it certainly was something that shouldn't be left unsaid. Cl beck - Have thev done such before? Atty Perkins - I don't know. I have raised that issue before, but I thought now if we are redoing this thing comprehensively there is no -reason the taxpayers shouldn't have the benefit of any payment received until the bill is paid. Cl Beck - Was it a lengthy negotiating process getting the terms of payment? Atty Perkins - Understand this is our proposal.. Cl Beck - Okay, this is a proposal. Cl Grantham - Mark, do we know how often they get two calls at a time? I'm looking again at 2(a) with the number of paramedics. Supv Varvayanis - It's not that rare. Does anyone out there have the answer to that question? 4 Cl C Hatfield - If it was a problem we'd have heard about it wouldn't we? Cl Grantham - They haven't been turning in reports. Supv Vanrayanis - Well, it's at least a couple of times a month, but I don't have the number. C1 Grantham - That's the only thing that I question about the contract. Other than that it's pretty thorough. Atty Perkins - I don't know whether they have had a policy in the past of calling a. paramedic who is supposed to be on call if one has been tied up at a call, and whether there is then coverage or not, but I drafted it the way I understood the current practice was. Cl Grantham - How many of their volunteers are EMT's? Do they have to send an EMT? Atty Perkins- Yes. Cl Grantham - So there has to be an EMT regardless of whether there is a paramedic. Atty Perkins - Yes, under the law and the emergency medical services code they do have to have certified people on the ambulance. They don't have to have a paramedic, but at least one advanced EMT. Cl Grantham - So the next step would be to send this to them? C1 Beck - I'd like to know a little bit more about the backup for that 2(a). Page 2 of 10 Tl3 12 -5 -01 ® Atty Perkins -Rte certainly can ask. Cl C Hatfield - How many are on duty at once? Cl Beck - Apparently just one now. Supv Varvayanis - Yes, one. Cl Beck - If we went with another service every ambulance that's provided would probably have a paramedic on it at all times. So this service could be somewhat less. If we could upgrade that to some extent, I'd like to see that: happen. Cl Grantham - Yes, I would too. I'd like to see a paramedic on each call. They could be on call. There doesn't have to be two of them at the building. Cl Beck - Maybe we could submit it with a hold on that one part until we gel: some more information and get some input from the other side. Cl C Hatfield - And find out how it has worked, if anybody's complained on that: second end if they haven't had a paramedic. The Tov►ni hasn't heard any complaints about it. Cl Beck - The advanced EMTs can do an awful lot. Cl C Hatfield - And that's three more paramedics you'd have to hire which would do what to the cost? If it's worked successfully, I don't know... ® Atty Perkins - Mark, do you know if sometimes when they're faced with that they call Bangs for a fly car or something like that, or if they know it's a situation where they need assistance? Supv Varvayanis - If they need assistance they'll call. I know often Jim Buckley is around even if he's not on duty. Cl Beck - I think we'd have heard about it if it was a serious problem, but I'm just thinking after what we've just been through and we're trying to provide at least an equal level of service and I'd like to be sure that we do that. Cl C Hatfield - Check it out and see how they feel it's worked. I'm happy with everything else other than checking that out. I'm sure they'll have some questions probably. Cl Beck - They were asking for all the money the first day of January. Is that a legal possibility for the Town to pay for services that far ahead? I understand the interest situation and what that does to the cost, but we discussed that.... Atty Perkins - I'm not aware of any prohibition against you paying in full before you get the services. I would never recommend it. I think you ought to take a look at the fire contracts and everything else. Perhaps these things ought to be paid in a more business fashion, quarterly or semi- annually, or something like this, but you're getting close to half a million dollars. And one of the things that's been a problem in the past, and of course this is true while we were the employers, was getting records and reports and information. I think with this proposal we've got some teeth in it. We can ask nicely for them, but if we don't get them, you don't get your check. But I don't think it's a good idea. If you were going to build a new ® town hall, you wouldn't. pay the contractor the frill contract price before they perform. And you don't pay your town employees their full salary on January 1. Pagc 3 of 10 TB 12 -5 -01 Supv Varvayan.is - On the practical side, too, well be close to $60,000 in the hole on January I in the benefit district. And if you loan them another $1453,000... Atty Perkins - Then we are at half a million. Cl Beck - Exactly. I'm sure they'll have some thoughts on that, but I agree that we should pay them maybe quarterly if that's the next best thing, but ... Cl C Hatfield - Of course they planned on getting the money and investing it and malting some interest and that's good on their part, but it isn't the way we ought to do business. Cl Beck - Do you need any further action? Atty Perkins - What do you want to say about 2(a)? That this needs to be discussed? Cl C Hatfield - See how it's worked in the past, if there's been any complaints. Cl Beck - I would like to see what the actual practice has been; how they've covered that situation and have a little more information on that.. If we said that they had to have two paramedics on duty, that would mean they'd have to hire three more. Supv Varvayanis - And that would be more than $100,000 extra. Cl C Hatfield - Fly cars if that's what they've been doing would be cheaper than the ambulance. Cl Beck - And they, I'm sure, made their proposal based on one. Cl C Hatfield - Based on the way the situation is now. Cl Beck - And that's what I'd like to have clarified, how they handle the second or third call. Cl C Hatfield - That was their proposal, to furnish service as good as it's been furnished to date. Arty Perkins - I know that everyone is anxious to get this thing sorted out. If I could make a suggestion. I could make a note in the margin here under the second sentence in paragraph 2: "This provision needs to be discussed. Town wants input on how second calls have been handled. On call paramedic? Fly car ?" If that's what you want to know, I would suggest that we make that notation and have someone take this down. They are having a board meeting tonight. It will speed up the discussion and process. If they've got something they can start chewing on it. Otherwise you can give it to them tomorrow or whatever, but: they are together tonight. Cl Beck - It's okay with me. Atty Perkins - It's up to the board. Cl C Hatfield - That's the only problem anybody had with it. Cl Beck - I don't: see any el:ge. They may have some things they may want to talk about. Page 4 of 10 TB 12 -5-O l Atty Perkins - I'll be glad to take it down. I want to make this notation and make a copy so we know what we sent them. If that's what your position is. Cl Grantham - I think that would be fine. Do we need a resolution? Supv Varvayanis - No. Cl Grantham - Did you ever find out, Mahlon, about that whole issue of the certificate of need? Atty Perkins - It's so called certificate of need. It's really called something else. The question was what happens if they don't roll? They will forfeit it. Supv Varvayanis - Assume we were going with Bangs. If we didn't like Bangs how long would it take to get another company to get it? Do you have any idea? Atty Perkins - I think it would depend in large part: on whether they had previously been certified, whether they were ready just to get going. There are certain requirements that they have to demonstrate in order to get the certificate. Cl Grantham - So what happens to service in the meantime? Atty Perkins - Either they operate without it, which would theoretically be unlauvful, or you have to have some interim coverage. Supv Varvayanis - And for something like TLC that has an agreement where they come ® in here under mutual aid, they are running in here every now and then as I understand it. What would be the difference? Atty Perkins - You wouldn't have any primary responder I guess would be the difference. The problem is that if you are getting rid of Bangs, you're not going to have Bangs. Cl Beck - Do you care to comment on this Freedom of Information request letter we got a copy of? Atty Perkins - Do I want to comment on it? No. I'll be happy to answer any questions you have. Cl Beck - Somebody came here requesting the ambulance committee minutes. Cl C Hatfield - You don't have a copy of their ambulance committee minutes do you? B Hollenbeck - Not of theirs. Cl C Hatfield - What made them think you did? B Hollenbeck - They didn't necessarily think we did, but it was a starting point. Atty Perkins - I discussed it with Mark and we have sent to all of the fire departments that we contract with a copy of this letter and enclosures. You will note that we have put a provision in this agreement that addresses that and we are going to be putting a similar provision in the fire contracts this year. So there won't be any more discussion about it hopefully. Do you want me to take this down to them? Supv Varvayanis - Yes. Page 5 of 10 TB 12 -5 -0I Atty Perkins - I made those notes that we talked about. 10 Atty Perkins left to deliver the proposed contract to Dryden Ambulance, Inc. A letter has been received from the attorney for Dan Malloy of Springhouse Road stating that Mr Malloy contacted him because of damage to his property. Bailey Insurance has written regarding an increase in premium for insurance coverage. They will obtain quotes from other carriers. The Board briefly discussed the Cornell dry hydrant on M.ineah stated if the Cornell did the urork themselves, he believes they could do are talking about. He heard that they have located a major leak in a pi that. The original proposal to go from the dyke to the farm would have to work up and slipline an existing pipe, would be more reasonable. D when they plan to make the repairs. Road. Dave Putnam it for the $5,000 they pe and are repairing been a lot of money, but Putnam will find out Kevin Ezell reviewed his "memo regarding code programs" with board members. lie began investigating new software programs for the zoning office last year. Representatives of BMSI and TIPS have made presentations and demonstrated their programs for the zoning office. The quote from BMS1 was $7,750 with an annual maintenance fee of approximately $1400. The TIPS quote was $7,880 which includes an annual maintenance of fee of $780. Kevin's preference is the TIPS program, which is currently being used in Corning and Vestal and Cortland has .just begun using the program. There would be no problem using the program for two different municipalities. He believes that the program would pay for itself in two to three years in time savings, and it reduces the human error factor. The program will make tracking permits, violations and complaints easier. Maintenance fees include any updates or new modules. Technical assistance is provided and 1 day of training is included in tl�e quote. The program currently used is WordStar or some derivative of that, and the data can be converted to be used in a new program. Fire inspections are not in that data base and that information will have to be put in. Steve Stelick asked whether the current computer system could support the software program and K Ezell stated that it would. Cl Grantham suggested that he visit a town that uses each of the programs and see them in use. Chris Michaels asked K Ezell to find out if the programs were ODDC compliant and to check to see whether they had an export . utility. K Ezell noted that next year there will be no funds available from the State for reimbursement of code enforcement expenses (G -54 money). Last year the Town applied for and received around $1300. Supv Varvayanis noted that Dana Abbey of Dryden Ambulance, Inc. had arrived and asked him if he came to discuss the contract proposal. D Abbey - I did. I had a couple of questions and comments. There are things in here that really need to be discussed and I wondered what format the board wishes to take, when your next board meeting is or when you wanted to sit down and discuss it. Supv Varvayanis - We've got one next Wednesday. Is there a reason we can't talk about it right now? We're ready. Cl Beck - If you are. 10 Page 6 of 10 TB 12 -5-01 D Abbey - Well there are certain things in there that are totally unacceptable to the Board. The payment schedule is one. It's way different than what you've been doing in the past, why you want to go on monthly billing now. We've got a lot of expenses the first of the year. You've got in here that you want the paramedic on the first ambulance. I understand that, but if a call comes in for a. broken ankle and we have an EMT advanced person in our station, the paramedic doesn't go. We don't see any sense in putting that paramedic on that first ambulance. If somebody is having a heart attack on the second call, that's where the paramedic should be. There's a lot of discussion we have to do on this contract. I just want to know how you want to go about it. Supv Varvayanis - If you want to talk about it tonight, we're ready to go. D Abbey - Our board and our attorney hasn't had a chance to review it. It was just given to me 20 minutes ago and I just carefully read it. Supv Varvayanis - Okay, so call me after your attorney has looked it over and you're ready to discuss it. D Abbey - So if I call you and tell you what we «rant to do, then what? You'll have to have a board meeting? Can you agree for a board? Can the sit down with a committee? Calling you, waiting a week, we're going to be out of time here before we know it. Supv Varvayanis - So what are you saying you want to do? Do you want to do it tonight or do you want to talk to me later? ® D Abbey - Are you going to make the decision for the board, or do you have to do it with the board, is what I'm asking. Cl Grantham - It has to come back to the board. l) Abbey - It's not going to do me any good to call you to hear 111 get back to you in another week. How do you want to handle it? Supv Varvayanis - We'll bring it back to the board, but I'm authorized to negotiate. Do you want to negotiate or not? D Abbey - Then I wilt make up a. list of what we see and get back to you. Supv Varvayanis - Okay. Anything else? D Abbey - If I may, one thing. I sent everybody that submitted a letter from Varna last month to the board regarding Bangs' proposal, after our last meeting the officers of Neptune Hose and Dryden Ambulance decided to hold a community meeting. I sent everybody an e-mail today advising them of this meeting which is going to be next Wednesday night at the community center in Varna. It's going to be publicized in The Ithaca Journal, on the radio, and we want any comments or complaints aired out to see if we can't solve some of their concerns on that end of Town. And we will do whatever is possible. I talked to Jack Miller today and Jack said it's not as simple as just Sid and Rick Young saying you take this, I'll take this and Bangs can have this. It can't be done like that because of the way the District: was set up years and years ago. We will attempt to air out any problems or complaints and try to solve some concerns. If anybody wants to come it will be next Wednesday night, but you've got a board meeting next Wednesday night. Cl C Hatfield - That's when we're going to discuss this. Page 7 of 10 TB 12 -5 -01 Cl Beck - We'll have to another meeting? 40 Cl C Hatfield - Well, to get it resolved we've got to have some meetings 1 guess. Cl Grantham - Let's see how far we get by Wednesday. If we need a special meeting we'll set one up. Cl C Hatfield - Maybe they ought to talk about it before the meeting so they can get: something done at the meeting. Cl Grantham - Fell, they're going to talk to Mark. We'll see if they even get far enough to talk about it next Wednesday. C1 Beck - Dana, I guess pursuant to that question about the paramedic. I understand what you said just a moment ago about you reserve that one for more serious calls. How many times, or what kind of a problem has it been in recent history of needing two paramedics for two subsequent calls and not having them, and what do you do if that arises? D Abbey - We'd call a fly car automatically. Cl Beck - $o that's just part of the policy and procedure. D Abbey - We'd make contact with a fly car either out of Ithaca or Cortland depending on what hospital the people are going to. Cl Beck - And that's an additional paid service. Do they get billed from that too, or how does that work? 1) Abbey - If we get a call for a broken linger... Cl Beck - Right, there's no sense. 1 agree with what you're saying. D Abbey - It makes no sense to send a paramedic out on a broken finger. C1 C Hatfield - And that's worked perfectly okay the last ten years? You haven't: had any complaints because there weren't paramedics enough to go on the serious calls. D Abbey - We have had times that we will use a fly car because of lack of paramedics. Again that may have been a situation that the paramedic was out on a basic call and he's tied up on that call. Cl C Hatfield - How often does that happen? Off the top of your head. D Abbey - I'd hate to throw a number out Charlie because I really don't know. Cl C Hatfield - But that system would work better than having a p:ararnedic on every ambulance wouldn't it? It's cheaper in the long run. D Abbey - It's a lot cheaper in the long run. Cl C Hatfield - And it's worked out find as far as you're concerned. D Abbey - Yeah, if we need help we're not afraid to call for it. And both services are welling to provide the service, Cortland and Ithaca. 49 Page 8 of 10 TB 12 -5 -01 Cl C Hatfield - A fly car will be a lot cheaper than another full time paramedic. D Abbey - That doesn't mean two will be enough at certain times. Supv Varvayanis - Does anyone else have anything they want to talk about tonight? Cl Grantham - I do. I went to the flood plain mapping meeting that the DEC held for municipalities in Tompkins County. They held that this afternoon and basically it was to talk about remapping the flood plains. Matt Schulman and Mike bane were there and we commented on areas of the map that we thought needed more attention in their remapping. They are already going to give special attention to areas that were mapped in' great detail in the past, which includes the Village of Dryden, but there were other areas that we also pointed out that we would like paid more attention to. One is the trailer park in Forest Home because we're asking for that money for it, and we need something pretty quickly so we can include it with the application, but also Fall Creek. We want it all the way through the Village of Freeville. We wanted a lot more attention paid to that. ghat they do is write up those comments and then send them out to the municipalities and we can respond to that and they kind of design their plan of work based on that. Cl Beck - After looking at the stuff Matt gave us, it says to go ahead and approve it but withhold action until the maps are complete. That's what he's saying isn't it? I'm not sure what he really wants us to do. Cl Grantham - 1~EMA contracts with the State DEC to do the mapping, and the mapping includes literally mapping, but also some modeling of the hydrology and the hydraulics. Then they produce a map, and there is some process that includes us looking at it and holding some public hearings and then approving it and sending it back to FE MA for final approval. So I guess for example if they changed the Flood Plain Map in the Village of Dryden to reflect the difference because of the flood control project on Virgil Creek that insurance rates wouldn't really go down until FEMA made that final approval. But it doesn't mean that we couldn't put a preliminary map of that Forest Home Trailer Park in our application for funding. Well just say this is the preliminary one and we haven't done the hearings and had final approval and all that, but there's good evidence here that this is no longer in the flood plain. .Did that answer your question? C1 Beck - So we need to take some action on it and we can go ahead with the hearings and then wait until all the stuff is in for final approval, is that right? Cl Grantham - I don't know all the details of how we proceed. We also have to change our flood plain development ordinance. That's what he handed out to us last time. It just has to reflect new standards set by the State. Joyce Gerbasi -The Environmental Review Committee has recommended to the Environmental Management Council as far as the oil and gas leasing in Dryden, which they wanted to do, on the Caswell Dump and the reconstituted. swamp next to it, that, we did suggest: that no drilling or activity actually be allowed in either, but that they could do the angle drilling under Caswell Dump as long as they guaranteed to take over any responsibility for any groundwater contamination, etc. We advised that no action should lie! taken anywhere on the reconstituted wetland. These were the only places they were looking to, do in Dryden. .416 . Supv Varvayanis - The Caswell Dump is pretty old. Has that been lined or capped? J Gerbasi - It's never been lined. It is capped. However, there is constant leaching out into the little leach collection basins, which are then carted away. Page 9 of 10 TB 12 -45-01 On motion of Cl Grantham, seconded and unanimously carried, the board moved into executive session at 8:30 p.m. to discuss the employment history of two individuals and for an update on the union negotiations. No action was taken and the meeting was adjourned at 9:02 p.m, Respectfully submitted Bambi L. Hollenbeck Town Clerk Page 10 of 10