TOWN OF SOUTH WINDSOR
TOWN COUNCIL MONDAY, APRIL 14, 2014
CAUCUS ROOM EMERGENCY MEETING
1. Call Meeting to Order
Mayor Anwar called the emergency meeting to order at 8:00 p.m.
2. Roll Call
Members Present: Mayor Saud Anwar
Councilor Tom Delnicki
Councilor Carolyn Mirek
Councilor Liz Pendleton
Councilor Cary Prague
Councilor Jan Snyder
Councilor Keith Yagaloff
Members Absent: Deputy Mayor Ed Havens
Councilor Stephen Wagner
Also Present: Matthew Galligan, Town Manager
Kari Olson, Town Attorney
3. Items for Discussion
Mr. Galligan explained that this Emergency Meeting is being held because last Thursday he received a call from South Windsor Ambulance Corps. (SWAC) to meet on Friday, April 11, 2014. The meeting began at 10:00 a.m. on that day and the acting Chief of SWAC came in as well as their Attorney, Allison Bloom. Mr. Galligan stated that he was upset with the Attorney coming because he was not told she would be present and he was not represented by an Attorney. South Windsor Ambulance Corp. explained that they were selling their assets as well as their PSA off to AMR and that on May 12, 2014 they would be out of business. Mr. Galligan explained that he received a call in March and was told that SWAC had fired Mr. Fleury. On March 12, 2014, Mr. Galligan wrote a letter to SWAC, as shown in attached
Exhibit A. On March 19, 2014 Ms. Carol Salcius responded to his letter, as shown in attached Exhibit B.
Mr. Galligan stated that after receiving notice during the meeting on April 11, 2014, he made a decision to use ASM because he is concerned about the well being of the community if there were an emergency situation. On Saturday, April 12, 2014 Mr. Galligan stated he received an email, as shown in attached Exhibit C. Mr. Galligan explained that as a Town Manager he does not have a level a comfort at this time and he has heard that payroll checks are being returned. Mr. Galligan then stated that on April 11, 2014 on facebook there was a statement as shown in attached Exhibit D. In the statement it said that the Town Manager tweeted during the meeting. Mr. Galligan explained that he did not tweet during a meeting but after the meeting discussed this item with the Chief of Police and
it was decided to put out a Press Release out. The Town has sent all documentation to the State. The State has requested all information
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April 14, 2014
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3. (Continued)
that the Town has which would include the report that was done by SWAC. In the report it is self evident that there are serious issues. SWAC has not paid for the rent of a public building and has not paid for gasoline for their ambulances.
Councilor Yagaloff stated that according to the last tax returns that the Town Council had viewed, SWAC had $400,000 in liquid assets consisting approximately $200,000 in cash, $200,000 in stock and $50,000 or so in property. The cost to upgrade to ALS was approximately $80,000. Councilor Yagaloff questioned where the $320,000 was and who would be receiving the approximate $220,000 from the sale of the PSA and equipment. SWAC suddenly closing their doors raises very serious questions about their capacity to provide emergency ambulance service to the Town of South Windsor. If they have no funds, how can they operate?
Councilor Mirek read into the record ten points that she would like to bring to the Town Council’s attention, as shown in attached Exhibit E.
Councilor Prague felt that the report should be released tonight. Mr. Galligan said he would not have a problem doing that because any information given to the Town is public information which is part of the State Statute. The Town tried to honor SWAC’s request of not releasing the report.
Mr. Galligan read into the record, Section 19a-179 which talks about change of ownership for emergency medical service organization holding a primary service, as shown in attached Exhibit F. Mr. Galligan explained that he has not received any attestation form which is required. Another statement says “a change of ownership of any licenses or certified emergency medical service organization shall not occur unless all provisions of this section are met”. SWAC should have come to the Town.
Councilor Snyder felt that since that report was given to the Town Manager, that information is available under the Freedom of Information. This report should be released. Councilor Snyder then questioned if the Town Manager activated the RFP for ASM. Mr. Galligan explained that it was conditioned on filing a complaint with the State. The Town did not active the ASM because we wanted to wait until we took our case to the State. The RFP can not be awarded until the State says the PSA can be changed. There are no regulations in the Department of Public Health as how to remove an entity.
Mr. Galligan explained to the Council that when SWAC told him they were going out of business he had ASM as a backup. SWAC has gone to the calls throughout the weekend. There have been 15 calls this weekend and ASM did not get in the way of SWAC.
Answering further questions, Mr. Galligan stated that the $500,000 for AMR would be paid for by the South Windsor taxpayers. ASM would cost nothing.
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April 14, 2014
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3. (Continued)
Answering questions from Councilor Yagaloff, Mr. Galligan explained that SWAC has not shown the Town any financial information to show they can pay their staff or operate. The Town provided gas to SWAC today. AMR has not provided the Town with any information of how they intend to operate in South Windsor. The Town doesn’t know if AMR is going to have vehicles in Town or if they are going to staff ambulances in Town. AMR has submitted the necessary materials to the State to move forward with the purchase of SWAC’s PSA and assets. The State had begun its investigation of SWAC and requested from the Town all information the Town has regarding SWAC which would include the report that SWAC had commissioned. SWAC’s lawyer threatened the Town with a law suit if the Town
revealed their report which was submitted to the Town. SWAC doesn’t want the State or the public to know about their internal report. Attorney Bloom wrote a two page letter stating SWAC’s position and holding the Town at fault. When the Town started the eviction, the Town was told to send all notices to Pullman & Comely, LLC who is AMR’s attorney.
Councilor Pendleton stated that when Company Three was built and a facility was provided to SWAC she has requested that they pay rent to the Town because even though they are a not for profit, they were being paid as a business. Councilor Pendleton requested that from this day forward SWAC pay for gas knowing there is $180,000 that is due to the Town for rent and gas. There are two AMS vehicles assigned to the Town and Councilor Pendleton wanted to make sure the residents of South Windsor know that the Town is being covered because safety of the community is a priority for the Town Council. SWAC has jeopardized the citizens of this community by asking another ambulance department to respond possibly from another Town and also asking the taxpayers to pay $500,000 to have ambulance service when the Town
Manager has negotiated to have services for free through an RFP.
Councilor Delnicki stated that assuming the statement that SWAC in essence is ceasing operations and will be owned by AMR, doesn’t that make the whole issue of the release of the report a moot point because SWAC is no longer an entity that is in control of that document and that document at this juncture should be free to be released.
Answering further questions from Councilor Delnicki, Town Attorney Olson explained that the State has made a request of the Town Manger to provide all documentation in the Town’s possession. Between the petition to remove SWAC and the fact that there is a freedom of information complaint, the Town is compelled to disclose the report that SWAC commissioned but is waiting to hear that it is considered a public document from the State. The reason this document was withheld was based on threats of a law suit if the Town disclosed it and based on a feeling that the Town had some viable ground for claiming it was part of an ongoing pending claim or litigation.
Councilor Mirek voiced concern about statements made on facebook and also defended the Town Council’s position in this matter.
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April 14, 2014
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3. (Continued)
Mr. Galligan explained that it makes no sense for SWAC to sell the PSA and assets to AMR when ASM has helped cover the Town of South Windsor since 1985.
Mayor Anwar stated that the Town Council is making sure that our community is protected. SWAC has been a part of this community for many years and has saved a lot of lives. In the past months the relationship between the Town and SWAC has been strained but it is necessary for the Town and SWAC to discuss this issue and come to a solution.
5. Executive Session
At 8:42 p.m. Councillor Delnicki made a motion to go into Executive Session to discuss potential claims and litigation. Mayor Anwar seconded the motion; and it was approved, unanimously.
The following individuals went into Executive Session: Town Manager Matthew Galligan, Town Attorney Kari Olson, Mayor Anwar, Councilors Delnicki, Mirek, Pendleton, Prague, Snyder and Yagaloff.
At 9:17 p.m. Mayor Anwar made a motion to adjourn the Executive Session. Councilor Snyder seconded the motion; and it was approved, unanimously.
6. Adjournment
The meeting adjourned at 9:17 p.m.
Respectfully submitted,
Deborah W. Reid
Clerk of the Council
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