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1994-10-06 SPECIAL TOWN BOARD MEETING OCTOBER 6, 1994 4:00 p.m. MTG.#52 RES. 512-515 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Dr. R. George Wiswall Councilman Nick Caimano Councilman Carol Pulver Supervisor Champagne-Opened the meeting at 4:05 P.M. RESOLUTIONS RESOLUTION AUTHORIZING APPLICATION TO NYMIR RESOLUTION NO.: 512.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury is desirous of filing an application for insurance coverage with the New York Municipal Insurance Reciprocal (NYMIR), NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor and/or Councilperson Monahan to execute an application for insurance coverage with NYMIR for types of insurance coverage considered appropriate and/or currently had by the Town of Queensbury, and BE IT FURTHER, RESOLVED, that this authorization is for purposes of application only and that any proposed agreements of insurance must receive further approval of the Town Board. Duly adopted this 6th day of October, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: Mrs. Monahan Discussion held before vote: Councilman Pulver-This is to give you and Betty permission to execute an application for insurance coverage. Councilman Caimano-Without notification of the rest of the Board as to what they are going to do. Councilman Pulver-It is only to make the application. Supervisor Champagne-This authorizes Betty and Fred to sign the letter of intent to have Nymir to come up with some numbers for an insurance program for the Town starting January 1, 1995. We are going to authorize it to go to Cool and we will authorize another one go to Associates. Councilman Caimano-Or it maybe you would authorize it to go to one or the other. Supervisor Champagne-The feelings are right now I think is to go both ways. Councilman Wiswall- The last paragraph settles that. Supervisor Champagne-The other issue here Associates of Glens Falls they also would like to have the authorization to proceed with another agency, another grouping, you have no problem with that if we authorize that? Agreed to by the Board... vote taken on resolution 512 RESOLUTION RETAINING MALCOLM PIRNIE FOR LANDFILL ENGINEERING WORK RESOLUTION NO. 513.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, it is the Town of Queensbury's desire to continue the services of Malcolm Pirnie for the provision of construction phase professional engineering services in conjunction with the landfill closure project, and WHEREAS, the Town Board of the Town of Queensbury notes that Malcolm Pirnie has previously provided services in connection with the Landfill closure project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the retention of the services of Malcolm Pirnie for the purposes described in the preambles of this resolution, at a cost not to exceed $197,635.00, to be paid for from the Landfill Closure Capital Project (Fund #092), and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to sign an agreement for the professional services, said agreement to be in a form to be approved by the Town Attorney. Duly adopted this 6th day of October, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION REGARDING PUBLIC HEARING ON COMMUNITY RESIDENCE SITED AT 8 SUSAN PLACE IN THE TOWN OF QUEENSBURY BY THE WILTON DEVELOPMENTAL DISABILITY SERVICE OFFICE RESOLUTION NO. 514.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town of Queensbury has been notified by the Wilton Developmental Disabilities Service Office of its interest and intent to establish a community residence for mentally retarded and developmentally disabled persons in the Town of Queensbury, and more specifically at 8 Susan Place, in the Town of Queensbury, and WHEREAS, the notification was made pursuant to Section 41.34 of the Mental Hygiene Law of the State of New York, and WHEREAS, the Town Board of the Town of Queensbury desires to hold a public hearing prior to developing a response to the Wilton Developmental Disabilities Service Office with regard to the 8 Susan Place location, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that a public hearing be held on the 17th day of October, 1994, at 7 :00 p.rn. at which time all persons interested in the subject matter of the placement of a community residential facility by the Wilton Developmental Disabilities Service Office at 8 Susan Place, in the Town of Queensbury, shall have an opportunity to be heard and the Town Board of the Town of Queensbury will consider all comments and information presented relative to the said issue of the siting of a community residential facility on the date and time indicated herein, and BE IT FURTHER, RESOLVED, that the aforementioned public hearing shall be conducted in a manner similar to hat conducted by the Town Board of the Town of Queensbury in connection with or at the time of consideration of adoption of local laws for the Town in accordance with the Municipal Home Rule Law of the State of New York, and BE IT FURTHER RESOLVED, that the Town Clerk shall provide such notices of the aforesaid public hearing as is usually required by the Municipal Homes Rule Law when the Town Board is considering the adoption of local laws, and BE IT FURTHER RESOLVED, that in any event, the Town Clerk shall publish notice in the official newspaper of the Town of Queensbury and post the same on the bulletin board not later than 10 days prior to the date of the public hearing authorized herein. Duly adopted this 6th day of October, 1994 by the following vote: AYES: Mrs. Pulver, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Monahan DISCUSSION HELD BEFORE VOTE: Councilman Caimano-I am always concerned that we bring very important public resolutions up at what amounts to quick and inappropriate times, but in this case there appears to be a very good reason because in the past, because of the time frame on this we have been caught short and almost done in. The State sets a time frame and we have to move this along as quickly as possible. Supervisor Champagne-Since we are not having a meeting next Monday it would push it into well into mid-October and the forty days are counting down right now to a point where it is getting late in the year, that is our only reason why we are doing it, I agree with you. Councilman Monahan entered the meeting. RESOLUTION SELECTING ADMINISTRATOR FOR DEFERRED COMPENSATION PLAN RESOLUTION NO.: 515.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury expressed its interest in selecting a Deferred Compensation Plan for Town employees that would meet the requirements of ~457 of the Internal Revenue Code and ~5 of the State Finance Law, and authorized that the program be subject to RFP, and WHEREAS, a public notice was published in the Post -Star and in the New York State Register, soliciting proposals from administrative agencies and financial organizations for services in connection with the Deferred Compensation Plan, and three proposals were received by the Town of Queensbury, and WHEREAS, a committee was organized to evaluate the three proposals, and the committee evaluated the three proposals according to experience/size, products, costs, flexibility, and service, and met personally with each agency, and WHEREAS, based on the review of the agencies' proposals and meetings with the agencies, the committee has made a recommendation that the Town Board select ITT Hartford Life Insurance Company, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby elects to participate in a Deferred Compensation Plan, except that with respect to employees in a negotiating unit represented by an employee organization which negotiates pursuant to article fourteen of the civil service law shall not be permitted to participate under the provisions of this resolution until such time as such participation is authorized pursuant to a collectively negotiated agreement between the Town and the employee organization, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby appoints ITT Hartford as its administrator of its Deferred Compensation Plan, and authorizes ITT Hartford Life Insurance Company, to prepare documents to be sent to the New York Deferred Compensation Board for approval, and to prepare and file the same with Civil Service, provided that such service is at no cost to the Town of Queensbury, and BE IT FURTHER, RESOLVED, that after said documents are prepared, that an Administrative Agreement be prepared between ITT Hartford Life Insurance Company and the Town of Queensbury, said Agreement to be in a form to be approved by the Town Attorney, provided that the Town of Queensbury will not be liable for any administrative fees but rather, that the same will be assessed against Plan Participants, and BE IT FURTHER, RESOLVED, that the Town Board hereby further authorizes and directs the Town Supervisor to enter into any agreements and sign any documentation that will be necessary to effectuate the terms of the Administrative Agreement and Deferred Compensation Plan, and the Town Board further directs that any applications or requests for services filed or made to ITT Hartford Life Insurance indicate that services rendered and applications filed by ITT Hartford are performed at no cost to the Town of Queensbury or the employees of the Town of Queensbury regardless of whether an administrative agreement is later agreed to. Duly adopted this 6th day of October, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Councilman Caimano-My question was on the third page the chart who picked those categories, why were they picked and in some cases what do they mean. Mrs. Pamela Martin-The four categories that were picked were picked based on what N.Y. State says you should look at these different plans and you should give certain values to them in terms of service, fees, size, experience, the flexibility and the products. We threw in a Weiss rating because that is an insurance rating that is important to use the rating it is an unbiased group that rates investment companies. Hartford was rated A+ the others were A and B-. Councilman Monahan-Is the Town liable for any type of administration fees to which ever one of these companies that is picked? Mrs. Martin-We are not liable in anyway for any of the fees and I had Paul put some language in the resolution, noted the second Resolved clause on page two Hartford will prepare and file the same with Civil Service, provided that such service is at no cost to the Town of Queensbury and the next one saying that the Town of Queensbury will not be liable for any administrative fees, but rather that the same will be assessed against Plan Participants, in the last Resolved clause the Town Board further directs that any applications or requests for services filed or made to Hartford indicate that services rendered and applications filed by Hartford will be performed at no cost to the Town of Queensbury or employees of the Town of Queensbury regardless of whether an administrative agreement is later agreed. Vote taken. Councilman Pulver-Questioned how soon this will take effect. Mrs. Martin-Before the 1st of the year. Councilman Caimano-They will send someone here for employee meetings? Mrs. Martin-They said any time day or night. BUDGET WORKSHOP RECREA TION-ASSESSOR- W ASTEW A TER- T AX RECEIVER-COMMUNITY DEVELOPMENT On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk