2006-12-27 SP MTG57
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SPECIAL TOWN BOARD MEETING 12-27-2006 MTG. #57
SPECIAL TOWN BOARD MEETING MTG. # 57
DECEMBER 27, 2006 RES. 638-640
7:00 p.m.
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ROGER BOOR
COUNCILMAN RICHARD SANFORD
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN OFFICIALS
ASSESSOR-HELEN OTTE
Supervisor Stec-Opened the Meeting…Called for a moment of silence in memory of
President Ford
RESOLUTION APPROVING AUDIT OF BILLS
WARRANT OF DECEMBER 27, 2006
RESOLUTION NO. 638.2006
INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Richard Sanford
WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented
as the Warrant with a run date of December 26, 2006 and a payment due date of
December 28, 2006,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run
date of December 26, 2006 and a payment due date of December 28, 2006 and totaling
$142, 567.88, and
BE IT FURTHER,
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SPECIAL TOWN BOARD MEETING 12-27-2006 MTG. #57
RESOLVED, that the Town Board further authorizes and directs the Budget Officer
and/or Town Supervisor to take such other and further action as may be necessary to
effectuate the terms of this Resolution.
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Duly adopted this 27 day of December, 2006, by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
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Discussion held before vote:Councilman SanfordCT Male Bill, requested a year to date
total expenditure for CT Male be e-mailed to the entire board. Supervisor Stec-suggested
that it include the reimbursable amount also.
DISCUSSION PROPERTY AND CASUALTY INSURANCE
Supervisor Stec-Our consultant centered on looking at three Cool, Hughes and
Salerno, made a recommendation to go with Salerno. The Purchasing Agent
recommended going with the low bidder Cool Insurance. Councilman
Strough-The consultant recommended Salerno, I am going with Salerno.
Supervisor Stec-Concerned that it is not the low bidder and not local.
Councilman Sanford-I agree with Mr. Strough. Supervisor Stec-There was no
explanation as far as I am concerned about how he arrived at the
recommendation. Councilman Sanford-He did give an explanation, in a
memo that he sent me and Joann, and presumably to you but was not
distributed to the rest of the Board. Councilman Boor-Noted he received two
memos from the consultant, requested a workshop meeting with Joann.
Supervisor Stec-Read the following memo from the consultant: Greetings I
responded to you with my Treo Palm I will contact you to see if they can
modify the sex coverage and increase same as per Salerno and Cool also will
determine whether the public official EPO can be modified. Our specs
encourage improvements in coverage it is better to have one million dollars
sex abuse coverage than two hundred thousand with no premium increase. If
you are satisfied with Cool’s renewal and the Board approves it I believe the
net result of the RFP was to save the town a bundle of money with
substantially better insurance. You referred to your satisfaction with Cool
Service does that include competitive premium costs? Were you offered
alternative quotes in prior years. Quite frankly from my perspective from my
perspective as a consultant I might add with an impeccable representation I do
not think Cool has earned the renewal this year. Perhaps I am mistaken
however I feel that your RFP has provided the impetus and motivation for the
vendors to step up the plate and offer Queensbury the best bang for your
taxpayers dollars. Please do not ask me to rethink or reconsider my
recommendation. Councilman Boor-Questioned why he did not get a copy
of this memo. Can we have Joann at our next workshop, if she received this
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original and we paid ten thousand dollars for a consultant and I did not get a
copy of his determination I have a problem. Mr. Jack Bieniek a principal of
Cool Insuring, we have handled the property and casualty insurance for the
Town from the mid 1970’s with the exception of one year 1991 we did not
have the business. We take pride in handling the towns account, we work and
live here, I think your consultants observations or comments that we were not
taking good care of the town the past couple of years I can not agree with that.
The insurance companies is coming out of some tremulous times specifically
hurricane property damage the 9/11 issues, while the town budget was
growing their premiums were at least flat or going down. Reviewed the
history of the Town’s insurance premiums with Cool Insurance. Councilman
Sanford-Spoke about doing an RFP in February. Reviewed notes from 12/11
meeting with Regent Consultants, statement made that the Town had been
overpaying for at least two years, Dan referenced a conversation that you had
indicated some time ago that you expected some decreases in costs and Dan
asked by the market conditions and if this was to be expected industry wide,
his response was that it as not and that in fact the loss experience was the
driving force behind the premiums for the coverage, our loss experience has
been fantastic. He also reference that we had not had the best product mix in
the past, we did not have replacement value on our coverage, and the umbrella
was poorly written. Representative of Cool-there is replacement value.
Councilman Sanford-Why the spread with the current producer, $226,439 is
the new quote vs the 298.057 for 2006? Why weren’t we receiving this rate
for the last two years? The consultant felt we could have had that rate for the
last two years. What we are getting now as the result of the RFP in 2007 has
some products enhancements over the past. Representative of Cool-The only
product enhancement that he made was increasing the sexual abuse limit from
$200,000 to a million. He did not make any other recommendations.
Councilman Sanford-He claim that he did fix what he saw as deficiencies
regarding the umbrella and the replacement value. Representative of Cool-
There has been no changes to either of those. If he was critical of our umbrella
design, he used our summary. Councilman Sanford-Regent did point out that
Cool has not protected the town, pointing to poor service by not getting us
renewals that reflected our positive loss experience. Only four out of eleven
agents quoted our business, I asked them what does that mean, is that unusual?
According to the Regent consulting firm this was highly unusual, he was of the
opinion that the other agents did not quote because they felt that Cool quote
has the inside track, unquote. I thought that was very concerning.
Councilman Boor-Note he had the same concerns that Richard has, this inside
track line, we paid ten thousand dollars for a consultant and I am finding out
that the work of the consultant did went to our Purchasing Agent and was not
forward to the Town Board. You can call it an inside track but I cannot
believe that we paid ten thousand dollars and someone saw fit not to forward
the information or determinations made by this consultant. Further more Mr.
Eddy left a message on my recorder, but prior to that Mr. Grasso called me at
home and started asking questions about information that I had not had. I
know what he was talking about now, because I just read the memo, now I
understand that questions that Mr. Grasso is asking because apparently Mr.
Grasso had received this memo. I want an explanation of that. Councilman
Sanford-We have the paper trail of this, from Gary talking about his
conversations with Dan, that is highly irregular, did you talk to Hughes did
you talk to Salarno? Supervisor Stec-No Councilman Boor-Aren’t you
looking for the best deal for the taxpayers? Supervisor Stec-I was running
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SPECIAL TOWN BOARD MEETING 12-27-2006 MTG. #57
down an acquisition of the incumbent. For the record, before last summer of
’05 Jennifer and I put money in the 2006 budget for hire an consultant to put
this out to bid, when you brought it up in February I am 99.9% certain that I
can recall saying that we already put it in the budget. Councilman Brewer-
Requested to have the consultant back here. Councilman Sanford-He will be
back because he will be working on the workers comp. Supervisor Stec-read
the following e-mail from Mr. Platzer to Joann Watkins-The Hughes
Insurance Agency selected insurance has satisfactorily addressed my concern
regarding public officials liability insurance coverage prior … however they
are unwilling to amend the sexual abuse limit to one million in lieu of two
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hundred thousand accordingly as per my December 15 letter, I recommend
Salerno. You had this relevant recommendation on the 15th. Councilman
Boor-Just make no mistake you are the only agency that had direct contact
with any Town Board Member. The reason you had contact is because you
had information that no other vendor was given. Supervisor Stec-No, the
reason that they were contacted was because they were the incumbent and our
consultant said your incumbent has been costing you money the last few years
that is the only question that I called and left. Councilman Boor-Did you ever
consider having a Town Board discussion so we would know what you are
doing behind the scene, so we would know what questions you were asking so
if we had a question we might also be able to ask it. Did it ever occur to you
that as a Board we are the one that we were the one that authorized the RFP,
we authorized the payment of it and yet you are unilaterally determining what
information is disseminated to one vendor and not the other. Supervisor Stec-
We were told that we were over charged by our current vendor I would not be
doing my job if I didn’t ask that question. If I did not ask that question you
guys would be sitting here saying why didn’t you ask that question.
Councilman Sanford-My understanding is Joann instructed Mr. Platzer to go
back to Cool to enrich the coverage on the sexual. Supervisor Stec-They were
going back and forth with all of them, right. Councilman Sanford-In fairness
to Hughes you should also go back to them if you are going to go back to
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Cool. Supervisor Stec-Mr. Platzer did what we asked him to, the 11 he said
they were not apples to apples I am going to spend the week to make them
apples to apples and that is what he did. Councilman Sanford-It is a stretch to
say that I wanted Cool to increase their coverage to be competitive with
another competitor, it was never said by me. Supervisor Stec-He left the room
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on the 11 saying you will get my recommendation by the end of the week
after I make them apples to apples. Representative of Cool-The consultant
called us directly to Gary and asked the question about the sexual harassment.
Councilman Sanford-Joann called him and told him to do so, when you did not
have the same level of as Salerno offered, that is highly irregular. Supervisor
Stec-He suggested that I make those calls and said I am not making those calls.
Councilman Strough-The only company that had the coverage before all the
collusion started to take place was Salerno. The only company that came
forward with a proposal that he was comfortable with was Salerno, what
happened after the fact I think was unethical. Vote taken
RESOLUTION AUTHORIZING ENGAGEMENT OF TOWN OF
QUEENSBURY INSURANCE AGENT FOR 2007
RESOLUTION NO.: 639, 2006
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SPECIAL TOWN BOARD MEETING 12-27-2006 MTG. #57
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, by Resolution No.: 349,2006, the Queensbury Town Board authorized
engagement of Regent Consultants Corp., to thoroughly evaluate the Town of Queensbury’s
insurance needs and prepare a Request for Proposals (RFP) to send to insurance
agents/brokers interested in providing insurance coverage to the Town, and
WHEREAS, Regent prepared and sent out such RFP, and
WHEREAS, Regent reviewed all received proposals and has made certain
recommendations concerning the selection of the Town’s 2007 insurance agent, and
WHEREAS, the Town’s Purchasing Agent also reviewed all received proposals and
has made certain recommendations concerning the selection of the Town’s 2007 insurance
agent,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
engagement of the services of Salerno Brokerage to provide insurance coverage to the
Town of Queensbury for the year 2007, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute any agreements and any other documentation and the Town
Supervisor, Budget Officer, Purchasing Agent and/or Accountant to take any actions
necessary to effectuate the terms of this Resolution.
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Duly adopted this 27 day of December, 2006, by the following vote:
AYES : Mr. Sanford, Mr. Strough, Mr. Boor
NOES : Mr. Brewer, Mr. Stec
ABSENT: None
ASSESSOR’S OFFICE PART – TIME POSITION
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SPECIAL TOWN BOARD MEETING 12-27-2006 MTG. #57
Supervisor Stec-I think it is safe to say that the majority of the Town Board
would probably be comfortable keeping this part time position and if I am
wrong interrupt. Councilman Boor-I do not know that is correct. Supervisor
Stec-We want to talk about the need for the part time position. Assessor
Helen Otte-The conversation that I had with Roger it sounded as if the
position itself was recognized as being necessary for the function of the
office but there was a question about the relationship between the person
who is filling the position as the present time, he is my husband and there
was a question about that and did the Town of Queensbury feel comfortable
in having that situation exist? I wanted to address a couple of these things.
The Town has in existence a policy about hiring relatives of people who are
already working, it is in the employee handbook, it is called hiring relatives
of existing employees, it says the purpose of this policy is to provide equal
employment opportunities to all eligible candidates. It seems to be a very
well written and reasonable policy that you could sustain and that would
prevail over legal challenges. It is not picking on one particular set of
circumstances and creating a policy to address that set of circumstances, it is
a general policy. We comply with that policy in the hiring of the person that
is presently filling the position in my office. I think if you want to discuss in
the future of changing the policy or something that is your prerogative as a
Board. Councilman Boor-I had a five page letter written about the problems
I had with that, I did not bring it because I thought we had gotten past
whether or not your husband was going to be working under you. I thought
you had agreed that was fine, if you are not. Assessor Otte-What I said was
I am just repeating really, you said you had concerns about the Town of
Queensbury and having this kind of situation exist and I said you certainly
need to look at that. That is policy issue, a policy question. The other thing
I would like to do is talk to you about the time of year. I do not think it is
good government to drop something like this on a Department Head at the
busiest time of year on our calendar, I have a report here of the number of
inspections we need to make and the amount of work we need to do. By law
we have to do these, this is not an option. We have to do this work to create
the assessment roll for 2007. It is not just a copy of the re-val roll or
numbers we have to proof and revisit every single number that we assign in
that assessment roll. I would ask that you do if there is a compromise
available here I would re-write this resolution stating that the person that
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holds the job presently would be left in place until July 1 at which time the
roll is complete and given to New York State and we will then address the
issue. Councilman Sanford-I find this very uncomfortable you advancing
your husband like this, it is poor form. It presents all kinds of potential
problems. To some degree I question the town policy, to have him in the
same department in a subordinate, superior relationship it seems highly
irregular. I am only one of five no way am I going to support any
continuation of continuing the employment situation. Assessor Otte-I guess
you feel that you consider that good government is that right Mr. Sanford
that you would pull the plug at this point? Councilman Boor-In all fairness,
Helen has been working illegally for a year and if I had the prepared
statement that I had it is very clear that there is a deception that has taken
place. I have six resolutions. Assessor Otte-I have four, with your signature
on them, Roger of hiring this gentleman… Councilman Boor-That is why
we are here, do you want to know why? Assessor Otte-Because I deceived
you that we were married? Councilman Boor-Yes. Assessor Otte-It states it
in every one of them that he is my husband. Councilman Boor-That is not
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the deception, and this is a perfect example, you are too close Helen you are
not listening, you are too close. The deception is that everyone of those says
temporary and part time. It is a permanent part time position that
continually is renewed. It is not temporary there is nothing temporary about
it. Assessor Otte-I have a suggestion I will fly to Los Vegas and get a
quickie divorce between now and next Monday and then will you approve
the resolution? Councilman Boor-Probably not. Assessor Otte-Thank you
gentlemen for your time.
Supervisor Stec-Anything else, we are adjourned.
RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING
RESOLUTION NO. 640,2006
INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS
ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED, that the Town Board of the Town of Queensbury hereby
adjourns its Special Board Meeting.
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Duly adopted this 26 day of December, 2006 by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough
NOES: None
ABSENT: Mr. Brewer, Mr. Stec
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury