2008-10-06 MTG. #44
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TOWN BOARD MEETING 10-06-2008 MTG. #44
TOWN BOARD MEETING MTG. #44
OCTOBER 6, 2008 RES. 465-483
7:00 p.m. BOH 22-24
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 465.2008
INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
RESOLVED,
that the Town Board of the Town of Queensbury hereby moves into the
Queensbury Board of Health.
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Duly adopted this 6 day of October 2008 by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
1.1 PUBLIC HEARING – Sewage Disposal Variance Application of Jane
C. Caffry Trust
NOTICE SHOWN
09-26-2008
Supervisor Stec-We set this public hearing at our last meeting I believe it was, the
property is located at 40 Bay Parkway at Neighbors Way Assembly Point in the Town of
Queensbury and they are looking to install a replacement raised mound septic system one
foot from the side property line in lieu of the required ten foot setback. That is why they
are here before us this evening. With that said Mr. Caffry why don’t I turn it over to you
this evening.
Attorney John Caffry-I am John Caffry I am here on behalf of my mother Jane Caffry
Hawn and she is here as the Trustee of the James C Caffry Trust which owns a camp on
Assembly Point on Lake George, Also here with me is Tom Jarrett of Jarrett Martin
Engineering who I am sure you all know who will answer any technical questions. The
lot is about six tenths of an acre roughly a hundred and eight feet wide by on average a
hundred and eighty feet deep. We want to replace the existing in ground septic system
which is at least thirty five years old with a new mound system. The reason we want to
do this is because the water table is high and the existing system seems to be at or below
the seasonal high water mark. As far as we can tell the water level have been, the ground
water has been rising over the years and it is gotten worse. The new system would be
basically in the same location as the old one but it will be larger in part because of being
a mound, so it will take up more area. We do not know the exact dimensions of the old
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one but the new one is going to be sized for five bedrooms because that is the existing
size of the house. It will be, the mound will roughly be fifty by seventy and the leaching
area twenty two by forty six. The only variance we need is to be one foot from the side
yard on the south side instead of the required ten feet. The reason we need that it is a
relatively large mound with it being a five bedroom house so it is going to have a large
surface area and we cannot put it right in the middle of the lot because the existing garage
and driveway are on the north side so we have to move it over to allow for that and allow
room to get around the garage and get into the house. Even at that we are having as you
will see on the design we will have to have a retaining wall on the north side there near
the garage in order to be able to get by there or be able to bring a vehicle in if we are
having work done on the house or emergency vehicle or whatever. On the south side the
actual disposal area will still be twelve foot away from the boundary line. So, we are not
asking to put the leaching field that close it is just the tow of the slope. My mother has
given a copy of the plan to the McWhorter’s who are the neighbors on that side and she
spoke to them and they had no objection so far as we know they have not filed anything
and they do not appear to be here tonight. They won’t really be able to see it from their
house, they have a small garage there and a woodshed and there is a lot of woods and we
really don’t see them through the woods and they don’t see us through the woods there so
they won’t really be able to see this mound either. Their garage is only about a foot from
the boundary itself so I do not see that really being an issue. Both the existing system
and the new system will meet the hundred foot setback from the lake we are not asking
for any variances from that it should not effect the lake at all. The actual disposal area is
going to be over a hundred and twenty feet from the lake. The total slope will be a
hundred but the disposal will be over a hundred and twenty feet. There is no wells within
a hundred feet we have verified that by checking with all of the neighbors. We meet all
the other setbacks. I think the application is exempt from SEQRA review because it is
just a single set back variance under section 617.5C12 and so hopefully we are requesting
that you approve this tonight we hope to be able to get work started on this before the
winter and we would be glad to answer any questions the Board has.
Councilman Montesi-John how close is the septic tank or system now to the side line?
Attorney Caffry-We do not know for sure. The leach field, because we don’t have the
plans, we have the new system installed in seventy or seventy one when we first bought
the place we do not have any plans we don’t, we maybe have a receipt for a permit from
the town, you know things were a little different back then. The tank is probably a good
forty or fifty feet from the side line.
Engineer Jarrett-Thirty or so.
Councilman Montesi-Ok. I just.
Attorney Caffry-The existing system might be I am going to guess fifteen feet from there
it is not if the new system wasn’t a mound I think it would be roughly the same area. It is
basically the same location we will have to dig up the existing system in order, before we
can build this one.
Councilman Montesi-And then import a lot of top fill.
Supervisor Stec-Other questions before I open the public hearing. Ok, don’t go too far.
I will open the public hearing on this application, if there is any member of the public that
would like to comment on this variance application I would just ask that you raise your
hand and I will call on you one at a time. Mr. Salvador
Mr. John Salvador-Good evening my name is John Salvador My Caffry mentioned a
five bedroom dwelling the assessor’s records show this to be a four bedroom seasonal
residence. I think it also shows that the original structure was built sometime 1929 or
some year like that. There is no question that this is going to be a conversion. Why
would anybody go to the trouble to putting in this massive mound system on a building
that is so old. The other thing I think we should take time to look at is the fact that
depending on the shape and form of this conversion if it is new construction, people are
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going to be faced with sighting of a well. They are not going to be allowed to take it out
of the lake.
Councilman Montesi-Why?
Mr. Salvador-The building code of the State of New York since 2003 requires that you
have either a driven, bored or drilled well. That is a requirement for new construction. I
think our building department has interpreted the new construction is going to require
that. This is one of the reasons we go through the hoops that of billing everything as a
renovation, Ron. You see we preclude the requirement for a well on these sites. But in
any case it is a seasonal residence it is listed on the assessor’s records as four bedrooms.
I think under the current conditions of having massive algae blooms in the lake we should
take a real serious look at what we are doing. Maybe this facility has to go on a holding
tank. Maybe that is the best solution. High ground water it’s of course it is all over. You
do not get treatment you don’t get treatment when the effluent is flowing through
saturated soils, that is the problem that is why we have the algae, nutrient load in the lake.
Thank you.
Supervisor Stec-Thank you. Is there anyone else that would like to address the Board on
this variance, this public hearing for this Board of Health Variance? All right perhaps
Mr. Caffry and Mrs. Caffry and Mr. Jarrett could come back and we will see if the Town
Board has any other questions?
Attorney Caffry-Could I respond to Mr. Salvador?
Supervisor Stec-You may if you choose to, you don’t have to.
Attorney Caffry-I just want to clarify a few things. The house has four bedrooms and
then what we always called a sleeping porch, which mostly kids sleep. So we sized it for
five bedrooms we wanted it to be the right size we did not want to undersize it or
anything like that. We have no intention of converting it to anything. We have talked in
the past about making it a year round house and it is just not doable. There is no
foundation, the water comes out of the lake, there is no where to put heat or anything, it is
not insulated, we have absolutely no intention of doing that, nobody in the family expects
to do that, we expect it will remain a seasonal place as long as we are there which is
going to be as long as possible. So, there is no intent to convert it to anything and we are
just trying to improve the situation we think that it, there is a problem with the existing
system and we just want to do the right thing, that is all we do not plan to make any
changes.
Mrs. Jane Caffry Hawn-I am glad to re-iterate what John said. At one time I thought that
I might live there and by myself and so I considered, I blew some insulation in Bob
Ruggles did it for me. But that did not work at all. I quit the project because I figure I
would go broke by the time I replaced all the windows. I mean nobody in their right
mind would even make a year round house out of that place and as John said as long as
our family owns it, it will not be changed. Sometimes I have tell John it is not a museum
we can make little changes in it. But, we all love it just the way it is. So, as long as the
Caffry’s own it, it will be a seasonal residence. In fact I am staying with John’s family
tonight because it is too cold up there to stay in that house at this time of year.
Supervisor Stec-The assertion was make earlier this evening that this was a prelude to
redevelopment and I think the inference was made that it may not be seasonal, it is
seasonal and you do not plan on redeveloping it.
Mrs. Jane Caffry Hawn-I mean tonight the temperature will be in the house whatever it is
outdoors. John and his brothers and sister and I love it the way it is. We do not want, I
do not want to put the money into it and we like it as is.
Supervisor Stec-Fair enough, it is your property.
Councilman Brewer-He better not be billing you for this.
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Councilman Montesi-I was disappointed John, yea is he billing you because we missed a
bedroom we could have got another hundred thousand dollars worth of assessment out of
it.
Supervisor Stec-We will have to look at those books again.
Attorney Caffry-I am sure all the square footage has been counted.
Mrs. Jane Caffry Hawn-It is a screened porch and that is where the grandchildren stay
now.
Supervisor Stec-Does the Board have any other questions?
Councilman Strough-A couple of questions for Tom. You are going to need the mic over
there. Now Tom, this is basically a mound system but it is a traditional infiltration
system.
Engineer Jarrett-Yes
Councilman Strough-As opposed to an Elgin or some others?
Engineer Jarrett-That is correct.
Councilman Strough-And it was, year round or seasonal I have to look at things I think in
the worse case scenario and I look at this as a year round residence as it probably will be
someday.
Mrs. Jane Caffry-No …
Councilman Strough-Well, ok, but that is fine but that is what, so Tom but this is
designed to be a year round system.
Engineer Jarrett-Yes we have to design them that way, that is correct.
Councilman Strough-And how far above will the infiltration be, be above the water table?
Engineer Jarrett-About three feet, town code.
Councilman Strough-So it exceeds the two feet minimum.
Engineer Jarrett-Yes.
Councilman Strough-As far as the water supply you use the lake as many people up there
do, I know and there may come a day I hope not, I hope we can reverse the trend, but
there may come a day when you are going to have to put your own filtration system in
your homes, if the State allows you to do that, if they give you a variance from using
surface waters. But, in any event this appears to be in accord as far as I am concerned
and so those are my questions, thank you.
Attorney Caffry-We already have a not filtration but what is it, UV type or filter either a
filter or UV on the water system.
Councilman Strough-A lot of people are going that route but like I said I hope
Councilman Brewer-UV is a relatively new, I say relatively new in the last few years that
Councilman Strough-Last twenty
Engineer Jarrett-It has been used in large scale for years but in smaller scale it has been
more cost effective in the last say five to six, seven years.
Attorney Caffry-We already have something on the water system just to be safe.
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Supervisor Stec-Is there any Board Member have any other questions for the applicants?
Hearing none is there any other comment from the public, before I close the public
hearing? Hearing none I will close the public hearing and entertain a motion.
RESOLUTION APPROVING JANE C. CAFFRY TRUST’S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: 22, 2008 BOH
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Jane C. Caffry Trust filed an application for a variance from
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to
install a replacement raised/mound septic system 1’ from the side property line instead of
the required 10’ setback on property located at 40 Bay Parkway at Neighbor’s Way,
Assembly Point in the Town of Queensbury, and
WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the
Town’s official newspaper and the Local Board of Health conducted a public hearing
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concerning the variance request on Monday, October 6, 2008, and
WHEREAS, the Town Clerk’s Office has advised that it duly notified all property
owners within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED, that
1.due to the nature of the variance, the Local Board of Health determines that
the variance would not be materially detrimental to the purposes and
objectives of this Ordinance or other adjoining properties nor otherwise
conflict with the purpose and objectives of any Town plan or policy; and
2.the Local Board of Health finds that the granting of the variance is necessary
for the reasonable use of the land and is the minimum variance which would
alleviate the specific unnecessary hardship found by the Local Board of
Health to affect the applicant; and
BE IT FURTHER,
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RESOLVED, that the Local Board of Health hereby approves the application of the
Jane C. Caffry Trust for a variance from the Sewage Disposal Ordinance to install a
replacement raised/mound septic system 1’ from the property line instead of the required 10’
setback on property located at 40 Bay Parkway at Neighbor’s Way, Assembly Point in the
Town of Queensbury and bearing Tax Map No.’s: 226.15-1-31 and 226.15-1-43.
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Duly adopted this 6 day of October, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
1.2
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE
DISPOSAL
VARIANCE APPLICATION OF MASTOLONI FAMILY LLC/
EDWARD MASTOLONI
RESOLUTION NO.: 23, 2008 BOH
INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of
Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s
On-Site Sewage Disposal Ordinance, and
WHEREAS, the Mastoloni Family LLC/Edward Mastoloni has applied to the Local
Board of Health for variances from Chapter 136 to install a replacement septic system:
1.1’ from the property line instead of the required 10’ setback; and
2.14’ from the house instead of the required 20’ setback;
on property located at 50 Bay Parkway and 18 Neighbors Way in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public
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hearing on Monday, October 20, 2008 at 7:00 p.m. at the Queensbury Activities Center,
742 Bay Road, Queensbury, to consider the Mastoloni Family LLC/Edward Mastoloni’s
sewage disposal variance application concerning property located at 50 Bay Parkway and 18
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Neighbors Way in the Town of Queensbury (Tax Map No.’s: 226.15-1-28 and 226.15-1-
29) and at that time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury
Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a
copy of the Notice to neighbors located within 500 feet of the property as required by law.
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Duly adopted this 6 day of October, 2008, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 24.2008 BOH
INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED,
that the Town Board of the Town of Queensbury Board of Health is
hereby adjourned.
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Duly adopted this 6 day of October, 2008 by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
REGULAR BOARD MEETING
2.0PRIVILEGE OF THE FLOOR (LIMIT – 4 MINUTES)
Dr. Douglas Kirkpatrick-Representative of the Bedford Close Homeowners Assoc.
Spoke on traffic issue on Revere Road, used as a cut through from West Mountain Road
up thorough Corinth Road…Requested stop signs on Revere Road polled the
neighborhood out of 70% return rate, 92% positive to place stop signs. Goals: diminish
traffic through use of stop signs, to improve safety, poor visibility in winter, and volume
of traffic… Turn on North Church Lane onto Revere Road is a ninety degree turn fraught
with risk factors .. no stop signs between West Mountain Road until you hit Corinth
Road as Revere dead ends on Corinth Road, this cut through has been utilized to a greater
degree of frequency over the last five to ten years. Pitcher Road is tough to get out of, if
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you are coming from West Mountain Road going out Pitcher, VanDusen and then
Corinth Road that is tough intersection the curve is very dangerous.
Councilman Brewer-Questioned when this occurs at what time?
Dr. Kirkpatrick-Mostly during rush hour times.
Councilman Strough-I believe you are asking for a four way situation, on the corner of
Honey Hollow and Revere Road.
Dr. Kirkpatrick-Honey Hollow and Revere and then secondary Lantern Hill, North
Church, Revere Corner as well.
Councilman Strough-If we were to put stop signs there, that is where people feel
strongest it effects the character of the traffic approaching it so it might slow traffic down
knowing it is a stop sign up ahead and it not just a cut thorough. It might relieve some of
the burdens that you see on Lantern Hill …lets put a four way at Honey Hollow and
Revere and lets see how that affects things and then we can go from there.
Dr. Kirkpatrick-I agree with the concept of a singular stop sign there has been some
questions at the intersection of Honey Hollow with Revere is the base of a small incline
as perhaps being less desirable then the other four way stop. Our pole showed more
people favoring Honey Hollow Revere intersection.
Councilman Brewer-If it doesn’t work we can always take it out.
Dr. Kirkpatrick-I think anything would be an improvement.
Supervisor Stec-The first thing we will do is talk to the Highway Supt., noted also there
would have to be a public hearing on the placement of the stop signs.
Mr. Kevin Quinn-Questioned if the signage for Transient Merchant will be changed
before we start issuing permit again for next year?
Supervisor Stec-It is our intention we are not quite finished with tweaking that yet, we
have time before June.
Mr. Quinn-Noted the job on 149.
Supervisor Stec-Noted he had contacted people regarding this project, they do not have a
time line yet, but they are going to do their best to pick windows to stay away from
certain times.
Mr. John Salvador-Noted that the Town Counsel on your behalf rejected my offer of a
partial discontinuance of my challenge to your need to include the Crandall Library Dist.
budget as a line item in the Town budget. Regarding the proposed 2009 Crandall Library
Budget things are going from bad to worse for Queensbury Taxpayers. Noted that the
library card holders for Queensbury have declined but the town’s share of the library’s cost
is increasing, Queensbury is paying over 55%. 30% of the library book borrowers are
outside the taxing district. Reviewed line items in the proposed budget. We are expected to
pay a refund of municipal taxes. I think what that is, as the assessment cases are settled
there is a refund of taxes and the municipality is required refund taxes to the taxpayer.
Crandall Library elects to put that refund as a future burden on us in the form of a tax. That
means we pay twice, the taxpayers pays for the over assessment one year and we pay in the
next year for his refund. Noted the Town of Moreau is faced with sizable tax refunds, if this
is allowed to go through Crandall Library will put this in some years budget and we will pay
55% of the refund. Friends of Crandall Library are shown to contribute $30,000 to the
efforts of Crandall Library this sounds like some thing to be used to reduce our taxes,
however they show under expenses a line item Friends of Crandall Library. This means the
$30,000 is a wash for the taxpayer. There is a line item for unemployment account; I do not
know that the Crandall Library puts people on unemployment. There is no indication that it
is paid or transferred.
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Mr. Pliney Tucker-41 Division Road Thanked Dan for his efforts. Asked if there are going
to cut that?
Supervisor Stec-It was a survey crew, no plans on cutting it.
Mr. Tucker-Who was involved with the package of refunds on taxes for Lake George?
Supervisor Stec-The Assessor worked on that with Counsel and with the Town Board.
Mr. Tucker- Did the fire company get their loan?
Councilman Metivier-I do not know, I will have to call them.
Mr. Tucker-Did you sign anything Dan?:
Supervisor Stec-No and I am not expecting that I will be signing anything. It is not a town’s
loan, we are not co-signing.
3.0RESOLUTIONS
RESOLUTION AUTHORIZING PURCHASE OF COPIERS
RESOLUTION NO.: 466, 2008
INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury’s Technology Coordinator has requested
Town Board approval to purchase two (2) Océ copiers to replace obsolete and non-
functioning copiers purchased approximately six (6) years ago, and
WHEREAS, New York State Bidding is not required as the purchase price for the
System is in accordance with New York State Contract No.: PC59460 pricing, and
WHEREAS, moneys for such proposed purchase are included in the 2008 Town
Budget,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Town’s
Technology Coordinator purchase of the two (2) copiers from Océ in Albany in accordance
with New York State Contract No.: PC59460 pricing for a total amount not to exceed
$15,710.00 to be paid for from Account No.: 001-1680-2031, and
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BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Technology Coordinator and/or Town Budget Officer 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 6 day of October, 2008, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR
TELEPHONE HANDSETS
RESOLUTION NO.: 467, 2008
INTRODUCED BY: Mr. Anthony Metivier
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury Technology Coordinator wishes to advertise
for bids for telephone handsets, as will be more clearly specified in bid specifications to be
prepared by the Technology Coordinator and/or Town Purchasing Agent, and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids
and award the bids to the lowest responsible bidder(s) meeting New York State statutory
requirements and the requirements set forth in the Town’s bidding documents,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town’s Purchasing Agent to publish an advertisement for bids for telephone handsets in the
official newspaper for the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Purchasing
Agent to open all bids received, read the same aloud and record the bids as is customarily
done and present the bids to the next regular or special meeting of the Town Board.
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Duly adopted this 6day of October, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
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NOES: None
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE OF 2009 FORD
RANGER
4X4 PICK-UP TRUCK FOR USE BY WATER DEPARTMENT
RESOLUTION NO.: 468, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Town of Queensbury’s Water Superintendent has advised the
Town Board that he wishes to replace a truck in his Department and purchase one (1) 2009
Ford Ranger 4x4 Pick-Up Truck, and
WHEREAS, New York State Bidding is not required as the purchase is under New
York State Contract No.: PC62882,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Town Water
Superintendent’s purchase of one (1) 2009 Ford Ranger 4x4 Pick-Up Truck from Fairport
Ford, LLC, in accordance with New York State Contract #PC62882 for an amount not to
exceed $16,114.53 from Vehicles Account No.: 040-8340-2020, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Budget Officer to
take any and all actions necessary to transfer $16,114.53 from unappropriated,
undesignated Fund Balance to Account No.: 040-8340-2020 and effectuate such 2008
Budget Amendment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Water Superintendent and/or Town Budget Officer to take such other and
further action as may be necessary to effectuate the terms of this Resolution.
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TOWN BOARD MEETING 10-06-2008 MTG. #44
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Duly adopted this 6 day of October, 2008 by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING WAIVER OF 30 DAY
NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR
AUTHORITY IN CONNECTION WITH EVERGREENS INDOOR
GOLF CENTER
RESOLUTION NO.: 469, 2008
INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, The Reynolds Corporation d/b/a Evergreens Indoor Golf Center owns
and operates the Evergreens Indoor Golf Center (Evergreens) located at 1468 State Route 9,
Queensbury, New York, and
WHEREAS, Evergreens has applied for a renewal of its liquor license, and
WHEREAS, Evergreens has requested that the Town of Queensbury waive the 30-
day notification required by the New York State Liquor Authority (NYS) in an effort to
expedite the renewal of Evergreens’ liquor license, and
WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS
that the Town Board has waived the 30 day notification period before Evergreens’ liquor
license is renewed,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town Clerk to notify the New York State Liquor Authority that the Town waives the 30 day
notification period before the liquor license that is issued to The Reynolds Corporation
d/b/a Evergreens Indoor Golf Center is renewed and that the Town Board has no
objection to such license being renewed, and
BE IT FURTHER,
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RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this
Resolution.
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Duly adopted this 6 day of October, 2008 by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR
ADMINISTRATION OF THE TOWN OF QUEENSBURY’S
DEFERRED COMPENSATION PLAN TO HARTFORD LIFE
INSURANCE COMPANY
RESOLUTION NO.: 470, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, in accordance with New York State Finance Law §5 and the New York
State Deferred Compensation Board Regulations, the Queensbury Town Board previously
adopted and currently administers the Deferred Compensation Plan for Employees of the
Town of Queensbury, and
WHEREAS, the Town’s Deferred Compensation Committee accepted and reviewed
proposals for administration of the Town’s Deferred Compensation Plan for a five-year
contract period as set forth in §9003 of Subtitle II, Title 9 NYCRR, and
WHEREAS, the Deferred Compensation Committee has recommended that the
Town Board award the contract to The Hartford as Administrative Services Agency and
Financial Organization in accordance with §9003 of Subtitle II, Title 9 NYCRR, and
WHEREAS, the Deferred Compensation Committee has also recommended that
State Street Bank and Trust Company act as Trustee,
NOW, THEREFORE, BE IT
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TOWN BOARD MEETING 10-06-2008 MTG. #44
RESOLVED, that the Queensbury Town Board hereby awards the contract for
administration of the Town’s Deferred Compensation Plan for a five-year contract period to
The Hartford as Administrative Services Agency and Financial Organization in accordance
with §9003 of Subtitle II, Title 9 NYCRR, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute all necessary documentation to contract with The Hartford and State
Street Bank and Trust Company for administrative, financial and trustee services for the
Town of Queensbury’s Deferred Compensation Plan for the period January 1, 2009 or as
soon thereafter as possible through January 1, 2014, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town Budget Officer and/or Town Counsel to file this Resolution, make any
necessary notifications and take any and all actions necessary to effectuate the terms of this
Resolution.
th
Duly adopted this 6 day of October, 2008, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
RESOLUTION TO AMEND AND RESTATE DEFERRED
COMPENSATION PLAN FOR TOWN OF QUEENSBURY
EMPLOYEES
RESOLUTION NO.: 471, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the New York State Deferred Compensation Board (the "Board"),
pursuant to Section 5 of the New York State Finance Law ("Section 5") and the
Regulations of the New York State Deferred Compensation Board (the "Regulations"),
has promulgated the Plan Document of the Deferred Compensation Plan for Employees
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TOWN BOARD MEETING 10-06-2008 MTG. #44
of the Town of Queensbury (the "Model Plan") and offers the Model Plan for adoption
by local employers, and
WHEREAS, the Town of Queensbury, pursuant to Section 5 and the Regulations,
has adopted and currently administers the Model Plan known as the Deferred
Compensation Plan for Employees of the Town of Queensbury, and
WHEREAS, effective December 7, 2007, the Board amended the Model Plan to
adopt provisions:
?
Expanding the eligibility for unforeseeable emergency withdrawals;
?
Permitting law enforcement officers, firefighters, members of a rescue
squad or ambulance crew who have retired for service or disability to
request a plan distribution of up to $3,000 annually to pay for health
insurance or qualified long-term care premiums for themselves, their
spouse or dependents;
?
Permitting a beneficiary who is not the spouse of the deceased Participant
to transfer their Plan account directly to an IRA;
?
Permitting a Participant who is eligible for a distribution to rollover all or
a portion of their Plan account to a Roth IRA; and
WHEREAS, the Board has offered for adoption the amended and restated Model
Plan to each Model Plan sponsored by a local employer in accordance with the
Regulations, and
WHEREAS, upon due deliberation, the Town Board has concluded that it is
prudent and appropriate to amend the Deferred Compensation Plan for Employees of
the Town of Queensbury by adopting the amended Model Plan,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury hereby amends the Deferred
Compensation Plan for Employees of the Town of Queensbury by adopting the amended
Model Plan effective December 7, 2007 in the form attached hereto as Exhibit A, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor
and/or Town Budget Officer to sign any documentation and take all actions necessary to
effectuate the terms of this Resolution.
th
Duly adopted this 6 day of October, 2008, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
ABSENT: None
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EXHIBIT A
Plan Document
for the
DEFERRED COMPENSATION PLAN
FOR EMPLOYEES OF
Town of Queensbury
As amended and restated January 1, 2002
(including Amendments through December 7, 2007)
Deferred Compensation Plan
for Employees of
Town of Queensbury
Plan Document
TABLE OF CONTENTS
SectionPage
PURPOSE.................................................................................................................................86
SECTION 1. DEFINITIONS
.......................................................................................87
“Account”...........................................................................................................87
“Administrative Service Agency”........................................................................87
“Alternate Payee”...............................................................................................87
“Alternate Payee Account”.................................................................................87
“Amount Deferred”............................................................................................87
“Beneficiary”.....................................................................................................87
“Business Day”..................................................................................................87
“Code”87
“Committee”.......................................................................................................87
“Compensation”.................................................................................................87
“Distributee”......................................................................................................87
“Earliest Retirement Date”.................................................................................87
“Effective Date”.................................................................................................88
“Eligible Retirement Plan”.................................................................................88
“Eligible Rollover Distribution”.........................................................................88
“Employee”........................................................................................................88
“Employer”........................................................................................................88
“Enrollment Date”.............................................................................................88
“Financial Organization”...................................................................................88
“Includible Compensation”................................................................................88
“Investment Fund”.............................................................................................88
“Local Employer”...............................................................................................88
“Normal Retirement Age”...................................................................................88
“Participant”......................................................................................................89
“Participation Agreement”.................................................................................89
“Plan” 89
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“Plan Benefit”....................................................................................................89
“Plan Year”........................................................................................................89
“Qualified Domestic Relations Order”...............................................................89
“Regulations”.....................................................................................................89
“Review Committee”..........................................................................................89
“Rollover Account”............................................................................................89
“Rollover Contribution”.....................................................................................89
“Section 457 Transfer”.......................................................................................89
“Severance from Employment” or “Severs from Employment”............................89
“State” 89
“Surviving Spouse”.............................................................................................89
“Treasury Regulations”......................................................................................89
“Trust Agreement”.............................................................................................89
“Trust Fund”......................................................................................................89
“Trustee”............................................................................................................89
“Unit” 90
“USERRA”.........................................................................................................90
“Valuation Date”................................................................................................90
SECTION 2. PARTICIPATION
.................................................................................90
SECTION 3. AMOUNTS DEFERRED
......................................................................90
SECTION 4. INVESTMENT OF AMOUNTS DEFERRED AND
ROLLOVER CONTRIBUTIONS
...................................................................92
SECTION 5. ACCOUNTS AND RECORDS OF THE PLAN
...................................94
SECTION 6. WITHDRAWALS FOR UNFORESEEABLE
EMERGENCIES; WITHDRAWALS OF SMALL
ACCOUNTS; LOANS; WITHDRAWALS OF ROLLOVER
ACCOUNTS
.....................................................................................................96
SECTION 7. DISTRIBUTIONS FROM THE PLAN AND OTHER
ELIGIBLE RETIREMENT PLANS
...............................................................98
SECTION 8. DESIGNATION OF BENEFICIARIES
.............................................102
SECTION 9. ADMINISTRATION
...........................................................................103
SECTION 10. AMENDMENT OR TERMINATION
..............................................106
SECTION 11. GENERAL LIMITATIONS AND PROVISIONS
...........................106
Deferred Compensation Plan
for Employees of
_________________ Town of Queensbury
_________________
Plan Document
PURPOSE
The purpose of the Plan is to encourage Employees to make and continue careers with Town
of Queensbury by providing eligible Employees with a convenient way to save on a regular
and long-term basis and thereby provide for their retirement as set forth herein. A Local
Employer that is not a participating employer in the Deferred Compensation Plan for
Employees of the State of New York and Other Participating Jurisdictions or the sponsor of
any other eligible deferred compensation plan may adopt this Plan by complying with the
procedures set forth in the Regulations.
The benefits provided to any Participant under the Plan will be based upon the aggregate
Plan Benefit and will depend upon the investment results achieved by the Financial
Organizations appointed to invest the assets of the Plan allocated to each of the Plan’s
Investment Funds hereunder and the Participant’s individual investment choices among the
Plan’s Investment Funds. Each Participant shall be 100 percent vested at all times in his or
her Plan Benefit in accordance with the terms of the Plan.
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In accordance with amendments made to Section 457 of the Code and other federal laws by
the Small Business Job Protection Act of 1996 and the Economic Growth and Tax Relief
Reconciliation Act of 2001, all amounts of Compensation deferred under the Plan, all
property and rights purchased with such amounts and all income attributable to such
amounts, property and rights are held in trust as of the Effective Date for the exclusive
benefit of Participants and their Beneficiaries and Alternate Payees pursuant to the Trust
Agreement. The terms and provisions of the Plan in effect prior to the Effective Date, if
any, shall govern with respect to periods prior to the Effective Date.
The Plan and the Trust Agreement are intended to satisfy the requirements for an “eligible
deferred compensation plan” under Section 457 of the Code.
DEFINITIONS
When used herein the following terms shall have the following meanings:
“Account” means the account established and maintained in respect of a
Participant pursuant to Section 5.1. The Account shall include all Amounts Deferred and
Section 457 Transfers.
“Administrative Service Agency” means an Administrative Service
Agency as defined in the Regulations selected by the Committee to provide services in
respect of the Plan. If the Trust Agreement so provides, the record keeping services
normally performed by an Administrative Service Agency may be performed by the
Trustee, provided that the Trustee otherwise qualifies as an Administrative Service
Agency.
“Alternate Payee” means any spouse, former spouse, child or other
dependent of a Participant who is recognized by a domestic relations order as having a
right to receive all, or a portion of, the benefit payable under the Plan with respect to such
Participant.
“Alternate Payee Account” means the account established for an Alternate
Payee pursuant to a Qualified Domestic Relations Order, provided, however, that the
Alternate Payee Account shall separately account for all amounts received from (i) the
Participant’s Rollover Account and (ii) from all amounts rolled into the Plan by the
Alternate Payee pursuant to Section 7.5(b)(ii).
“Amount Deferred” means Compensation deferred by a Participant
pursuant to Section 3.1.
“Beneficiary” means the beneficiary or beneficiaries designated by a
Participant pursuant to Section 8 to receive the amount, if any, payable under the Plan
upon such Participant’s death.
“Business Day” means any day that is not a Saturday, a Sunday or other
day on which the New York Stock Exchange is not open for the trading of securities.
“Code” means the Internal Revenue Code of 1986, as now in effect or as
hereafter amended. All citations to sections of the Code are to such sections as they may
from time to time be amended or renumbered.
“Committee” means the Deferred Compensation Committee of Town of
Queensbury.
“Compensation” means all compensation for services to the Employer,
including salary, wages, fees, commissions and overtime pay that is includible in the
Employee’s gross income for each Plan Year under the Code and any accumulated sick
pay, accumulated vacation pay and back pay paid to a Participant by his or her Employer.
“Distributee” means (a) an Employee or former Employee, (b) the
Surviving Spouse of an Employee or former Employee and (c) the spouse or former
spouse of an Employee or former Employee, but only to the extent such spouse or former
spouse is an Alternate Payee under a Qualified Domestic Relations Order and only with
regard to the interest of such spouse or former spouse.
“Earliest Retirement Date” means the earlier of (a) the date on which the
Participant Severs from Employment and (b) the date the Participant attains age 50.
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“Effective Date” means January 1, 2002, unless otherwise stated.
“Eligible Retirement Plan” means (i) an individual retirement account
described in Section 408(a) of the Code, (ii) an individual retirement annuity described in
Section 408(b) of the Code, (iii) a qualified trust under Section 401(a) or 401(k) of the
Code, (iv) an annuity contract described in Section 403(b) of the Code and (v) an eligible
deferred compensation plan described in Section 457 of the Code that is maintained by a
state, political subdivision of a state, any agency or instrumentality of a state or political
subdivision of a state.
“Eligible Rollover Distribution” means all or any portion of the pretax
contributions and earnings thereon to the credit of a Distributee, except that an Eligible
Rollover Distribution shall not include (a) any distribution that is (i) one of a series of
substantially equal periodic payments (not less frequently than annually) made for the life
(or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the
Distributee and the Distributee’s Beneficiary or (ii) for a specified period of ten years or
more, (b) any distribution to the extent such distribution is required under Section
401(a)(9) of the Code, (c) any distribution due to a hardship of the Distributee, including,
without limitation, an unforeseen emergency pursuant to Section 6.1, and (d) the portion
of any distribution that is not includible in gross income; provided, however, that clause
(d) shall not apply to the extent such portion is transferred (i) in a direct trustee-to-trustee
transfer to a qualified trust under Section 401(a) of the Code that is part of a defined
contribution plan and that separately accounts for amounts so transferred or (ii) to an
Eligible Retirement Plan under Section 408 of the Code.
“Employee” means any individual who receives compensation for services
from the Employer, including any elected or appointed officer or employee of the
Employer, and any employee who is included in a unit of employees covered by a
negotiated collective bargaining agreement which specifically provides for participation
in the Plan. An Employee shall not include an independent contractor, a consultant or
any other individual classified by the Employer as not eligible to participate in the Plan.
“Employer” means Town of Queensbury.
“Enrollment Date” means, with respect to an Employee, each payroll date
on which such Employee receives Compensation, or such other date or dates as the
Committee may establish either in lieu of, or in addition to, such dates.
“Financial Organization” means a Financial Organization as defined in
the Regulations selected by the Committee to provide services in respect of the Plan. If
the Trust Agreement so provides, the financial services provided by a Financial
Organization may be performed by the Trustee, provided that the Trustee otherwise
qualifies as a Financial Organization.
“Includible Compensation” means “includible compensation” as defined
in Section 457(e)(5) of the Code.
“Investment Fund” means each of the Investment Funds provided for in
Section 4.1.
“Local Employer” means a Local Employer as defined in Section 5 of the
State Finance Law.
“Normal Retirement Age” means, for purposes of Section 3.2(b), any age
designated by a Participant (i) beginning no earlier than the earliest age at which a
Participant has the right to retire under the Employer’s basic pension plan, if any, and to
receive immediate retirement benefits without actuarial or similar reduction because of
retirement before some later age specified in such basic pension plan or, in the case of a
Participant who does not participate in such basic pension plan, age 65, and (ii) ending no
later than age 70½. Notwithstanding the previous sentence, a Participant who is a
qualified police officer or firefighter (as defined under Section 415(b)(2)(H)(ii)(I) of the
Code) may designate a Normal Retirement Age that is earlier than the earliest Normal
Retirement Age described above, but in no event may such Normal Retirement Age be
earlier than age 40. Notwithstanding anything in the Plan to the contrary, the
Participant’s designation of a Normal Retirement Age under Section 3.2(b) shall not
control the date that payment of such Participant’s benefits shall commence pursuant to
Section 7. Effective for Plan Years prior to January 1, 2003, in the case of a Participant
who continued to work beyond age 70½ and who, upon the attainment of age 70½, had
not made the catch-up election provided for under Section 3.2(b), the Normal Retirement
Age shall be the age designated by the Participant, which shall not be later than the age at
which the Participant Severs from Employment with the Employer.
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“Participant” means an Employee or former Employee who has given an
investment direction under Section 4 and who continues to have an Account or Rollover
Account under the Plan.
“Participation Agreement” means a written agreement between an
Employee and the Employer, pursuant to which the Employee elects to reduce his or her
Compensation and to have the Amount Deferred contributed to the Plan on his or her
behalf in accordance with the terms of the Plan; provided, however, that in the case of a
deferral of accumulated sick or vacation pay or back pay, such Participation Agreement
shall be entered into in accordance with the timing requirements of the Treasury
Regulations promulgated under Section 457 of the Code.
“Plan” means the Deferred Compensation Plan for Employees of Town of
Queensbury, as the same may be amended from time to time.
“Plan Benefit” means, with respect to a Participant, the interest of such
Participant in the Trust Fund, excluding any portion of such interest payable to an
Alternate Payee pursuant to a Qualified Domestic Relations Order.
“Plan Year” means the calendar year.
“Qualified Domestic Relations Order” means any judgment, decree or
order, including, but not limited to, approval of a property settlement agreement, which
has been determined by the Administrative Service Agency to meet the requirements of a
qualified domestic relations order within the meaning of Section 414(p) of the Code.
“Regulations” means the rules and regulations promulgated by the
Deferred Compensation Board of the State of New York pursuant to Section 5 of the
State Finance Law, as the same may be amended from time to time.
“Review Committee” means the committee designated by the Committee
to review claims to rights or benefits under the Plan in accordance with Section 9.5 and
requests for hardship withdrawals under Section 6.
“Rollover Account” means the account established and maintained in
respect of a Participant or a Beneficiary who is a Participant’s Surviving Spouse pursuant
to Section 7.5(b)(ii).
“Rollover Contribution” means a cash amount contributed by a
Participant, a Beneficiary who is a Participant’s Surviving Spouse or Alternate Payee to a
Rollover Account or, if applicable, an Alternate Payee Account, which the
Administrative Service Agency has determined qualifies as an Eligible Rollover
Distribution and which the Administrative Service Agency, in accordance with guidelines
promulgated by the Committee, has determined may be contributed; provided, however,
that the distributing Eligible Retirement Plan shall not be an eligible deferred
compensation plan under Section 457(b) of the Code and provided further that the
distributing Eligible Retirement Plan shall have separately accounted for all amounts
included in the Rollover Contribution.
“Section 457 Transfer” means a transfer made into an Account pursuant to
Section 7.5(b)(i).
“Severance from Employment” or “Severs from Employment” means a
severance from the employment of the Employer within the meaning of Section 457 of
the Code and the Treasury Regulations thereunder and USERRA.
“State” means the State of New York.
“Surviving Spouse” means the survivor of a deceased Participant to whom
such Participant was legally married on the date of the Participant’s death.
“Treasury Regulations” means the regulations promulgated by the
Treasury Department under the Code, as now in effect or as hereafter amended. All
citations to sections of the Treasury Regulations are to such sections as they may from
time to time be amended or renumbered.
“Trust Agreement” means an agreement entered into in respect of the Plan
between the Committee and one or more Trustee(s) pursuant to which all cash and other
rights and properties and all income attributable to such cash and rights and properties are
held in trust for the exclusive benefit of Participants and their Beneficiaries and Alternate
Payees, as such agreement may be amended from time to time.
“Trust Fund” means the assets of the Plan, including cash and other rights
and properties arising from Amounts Deferred, Section 457 Transfers and Rollover
Contributions which are held and administered by the Trustee pursuant to the Trust
Agreement.
“Trustee” means the trustee or trustees acting as such under the Trust
Agreement, and any successors thereto.
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“Unit” means a unit measuring the value of a Participant’s proportionate
interest in an Investment Fund.
“USERRA” means the provisions of the Uniformed Services Employment
and Reemployment Rights Act of 1994 contained in chapter 43 of title 38 of the United
States Code.
“Valuation Date” means each Business Day, except that for purposes of an
Investment Fund invested primarily in guaranteed investment contracts and synthetic
guaranteed investment contracts, Valuation Date shall mean the last Business Day of
each month of each Plan Year unless the Committee shall, in its discretion, determine that
the Valuation Date of such Investment Fund shall occur more frequently.
PARTICIPATION
2.1 (a) Each Employee shall be eligible to participate in the Plan as of any Enrollment
Date following the date he or she becomes an Employee, and shall commence such
participation in the Plan by duly filing with the Employer and the Administrative Service
Agency, in a manner prescribed by the Committee, by the tenth day of the calendar month
preceding such Enrollment Date or such other date as the Committee may determine, a
Participation Agreement and any enrollment forms or other pertinent information
concerning the Employee and his or her Beneficiary which the Committee may require;
provided, however, that in no event shall any deferral be accepted until the first Enrollment
Date following the date on which such Participation Agreement is filed.
(b) Each Employee enrolling in the Plan shall provide the Administrative Service
Agency, at the time of initial enrollment and thereafter if there are any changes, with such
information as may be required by the Committee.
2.2 Participation in the Plan by Employees shall be wholly voluntary.
2.3 The participation of a Participant shall cease upon payment to the Participant of the
entire value of his or her Plan Benefit or upon the Participant’s death prior to such payment.
AMOUNTS DEFERRED
3.1 (a) A Participant may elect to defer Compensation under the Plan by authorizing, on
his or her Participation Agreement, regular payroll deductions that do not in the aggregate
exceed the limitations of Section 3.2.
(b) A Participant may increase or decrease the rate of deferral of his or her
Compensation, within the limitations of Section 3.2, as of any Enrollment Date by duly
filing a new Participation Agreement, or such other form authorized for such purpose by the
Committee, with the Employer and the Administrative Service Agency by the tenth day of
the calendar month preceding such Enrollment Date, or such other date during the calendar
month preceding such Enrollment Date as the Committee may determine.
(c) A Participant may discontinue, or temporarily suspend, his or her deferral of
Compensation as of any Enrollment Date by giving written notice thereof to the Employer
and the Administrative Service Agency at least twenty, or such other number as the
Committee may determine, days prior to such date.
3.2 (a) The amount that may be deferred by a Participant for any Plan Year shall be a
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minimum of $260 and shall not exceed the lesser of:
(i) $11,000 or such other greater amount as may be permitted pursuant to
Section 457(e)(15) of the Code, and
(ii) 100% of the Participant’s Includible Compensation for the Plan Year.
(b)Notwithstanding the limitation provided for in Section 3.2(a), a Participant may file
an election in the manner provided by the Committee to have the catch-up
limitation set forth in this Section 3.2(b) apply to the determination of the
maximum amount that may be deferred during one or more of the last three Plan
Years ending before attainment of the Participant’s Normal Retirement Age. If
the catch-up limitation is elected, the maximum amount that may be deferred for
each of the Plan Years covered by the election shall not exceed the lesser of:
twice the dollar amount set forth in Section 3.2(a)(i); and
the sum of the limitations provided for in Section 3.2(a) for all
Plan Years the Participant was eligible to participate in the Plan, minus the
aggregate amount actually deferred for such Plan Years(disregarding any
amounts deferred pursuant to Section 3.2(c)).
A Participant may not elect to have this Section 3.2(b)(i) apply more than once,
whether or not the Participant rejoins the Plan after Severance from Employment.
(c) (i) All Participantswho have attained age 50 before the close of a Plan Year and
who are not permitted to defer additional Compensation pursuant to Section 3.2(a) for such
Plan Year, due to the application of any limitation imposed by the Code or the Plan, shall be
eligible to make additional catch-up contributions in accordance with, and subject to, the
limitations of this Section 3.2(c) and Section 414(v) of the Code and the Treasury
Regulations thereunder.
(ii) additional catch-up contributions pursuant to this Section 3.2(c) shall not exceed
the lesser of:
(A) the excess of 100% of Participant’s Includible
Compensation for the Plan Year over the sum of any other Amounts
Deferred by the Participant for such Plan Year; and
(B) $1,000, or such greater amount as may be permitted by
Section 414(v)(2)(B) of the Code.
Notwithstanding anything in Sections 3.2(b) and 3.2(c) to the
contrary, if a Participant who is eligible to make an additional catch-up
contribution under Section 3.2(c) for a Plan Year in which the Participant has
elected to make a catch-up contribution under Section 3.2(b), such Participant is
entitled to the greater of :
the catch-up contribution limitation amount under Section 3.2(b); and
the additional catch-up contribution amount under Section 3.2(c).
Notwithstanding the limitation provided for in Section 3.2(a), any
Participant who is entitled to reemployment rights pursuant to USERRA and who is
so reemployed in accordance with the provisions of such law may elect to make such
additional deferrals as are permitted or required by USERRA.
3.3The Trustee shall withhold or cause to be withheld from any amounts
distributed in respect of a Participant’s Plan Benefit or in respect of a Qualified Domestic
Relations Order all federal, state, city or other taxes as shall be required pursuant to any law
or governmental ruling or regulation, including, but not limited to, Treasury Regulations.
In the event that any Amounts Deferred under the Plan for any Plan
Year exceed the limitations provided for in Section 3.2, any such excess deferrals
shall be distributed to the Participant, with allocable net income, as soon as
practicable after the Administrative Service Agency determines that the amount
was an excess deferral.
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INVESTMENT OF AMOUNTS DEFERRED AND ROLLOVER
CONTRIBUTIONS
4.1 All amounts of Compensation deferred in accordance with Section 3 shall be paid by
the Employer as promptly as possible, but in no event later than two Business Days from the
applicable payroll date, to the Trustee and shall be invested promptly in accordance with the
investment directions of the Participant by the Trustee (but in no event later than two
Business Days following receipt thereof by the Trustee) in the Investment Funds provided
by one or more Financial Organizations appointed by the Committee in accordance with the
Regulations, to be held, managed, invested and reinvested in accordance with the applicable
agreement entered into by the Committee or the Trustee with each such Financial
Organization. The Committee shall have the right in its sole discretion to replace any
Financial Organization or Investment Fund with a successor Financial Organization or
Investment Fund or to select any additional Financial Organization or Investment Fund and
to incur any and all reasonable fees and expenses on behalf of the Plan and to allocate such
fees and expenses among Accounts in connection with such replacement or addition.
4.2 An Employee who has enrolled in the Plan pursuant to Section 2 shall, by filing a
direction in writing or in such other form as the Committee may authorize with the
Administrative Service Agency, specify the percentage (in multiples of one percent or such
other percentage as may be prescribed by the Committee from time to time) of the amount
of his or her Amounts Deferred, Section 457 Transfers and Rollover Contributions that shall
be allocated to each Investment Fund made available by the Committee; provided, however,
that the same percentages shall apply to the Rollover Account as apply to the Account.
4.3 Any investment direction given by a Participant shall be deemed to be a continuing
direction until changed. A Participant may change his or her investment direction with
respect to future Amounts Deferred, future Section 457 Transfers and future Rollover
Contributions, as of any Enrollment Date, by giving notice in writing or in such other form
as the Committee may authorize to the Administrative Service Agency at least one Business
Day prior to such Enrollment Date; provided, however, that the same percentages shall
apply to the Rollover Account as apply to the Account. All future Amounts Deferred, future
Section 457 Transfers and future Rollover Contributions shall be invested by the Trustee in
the Investment Funds in accordance with such changed direction.
4.4 (a) As of any Valuation Date during a Plan Year, a Participant may direct, by giving
notice in writing or in such other form as the Committee may authorize, to the
Administrative Service Agency that all, or any multiple of one percent (or such other
percent as may be prescribed by the Committee from time to time), of his or her interest in
any of the Investment Funds be liquidated and the proceeds thereof transferred to one or
more other Investment Funds in the proportions directed by such Participant.
(b) If the Trustee or any Financial Organization appointed by the Committee shall
advise the Committee that it is not reasonably able to prudently liquidate the necessary
amount and transfer it from one of the Investment Funds to another, the amount to be
transferred with respect to each Participant who duly requested such a transfer may be
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reduced in proportion to the ratio which the aggregate amount that the Trustee or the
Financial Organization has advised the Committee may not prudently be so transferred bears
to the aggregate amount that all Participants have duly requested be so transferred.
Regardless of any Participant’s investment direction, no transfer between Investment Funds
may be made in violation of any restriction imposed by the terms of the agreement between
the Committee or the Trustee and a Financial Organization providing any Investment Fund
or of any applicable law. Notwithstanding anything in this Section 4.4(b) to the contrary,
the Trustee or the Financial Organization may have the right, without prior notice to any
Participant, to suspend for a limited period of time daily transfers between and among
Investment Funds for one or more days if the Trustee or the Financial Organization
determines that such action is necessary or advisable (i) in light of unusual market
conditions, (ii) in response to technical or mechanical problems with the Plan’s automated
system, if any, or the Plan’s third-party record keeper and (iii) in connection with any
suspension of normal trading activity on the New York Stock Exchange.
4.5 The Administrative Service Agency shall have the right to decline to implement any
investment direction upon determination that: (i) the person giving the direction is legally
incompetent to do so; (ii) implementation of the investment direction would be contrary to
the Plan or applicable law or governmental ruling or regulation including, but not limited to,
Treasury Regulations; (iii) implementation of the investment direction would be contrary to
a court order, including, but not limited to, a Qualified Domestic Relations Order; or (iv)
implementation of the investment direction would be contrary to the rules, regulations or
prospectuses of the Investment Funds.
4.6 Each Participant is solely responsible for the investment and allocation of his or her
Plan Benefit in and among the Investment Funds and shall assume all risk in connection
with any decrease in the value of any or all of the Funds. Neither the Committee, any
Trustee, any Employer nor the Administrative Service Agency is empowered to advise a
Participant as to the manner in which such Plan Benefit shall be allocated among the
Investment Funds. The fact that a particular Investment Fund is available to Participants for
investment under the Plan shall not be construed as a recommendation for investment in
such Investment Fund. Any investment guidance or advice services provided by the Plan to
Participants shall not be considered a violation of this Section 4.6.
4.7 (a) The entire value of each Participant’s Account and Rollover Account and each
Alternate Payee Account under the Plan shall be set aside and held in the Trust Fund
pursuant to the Trust Agreement for the exclusive benefit of Participants and their
Beneficiaries and Alternate Payees and defraying reasonable expenses of the Plan and of the
Trust Fund pursuant to Section 5.3.
(b) Each Participant shall be 100 percent vested at all times in his or her Plan Benefit in
accordance with the terms of the Plan. Each Alternate Payee shall be 100 percent vested at
all times in his or her Alternate Payee Account in accordance with the terms of the Plan.
4.8 (a) Notwithstanding any other provision of the Plan, during any period when an
Alternate Payee Account is created and the corresponding interest in the Trust Fund is
segregated on behalf of an Alternate Payee pursuant to a Qualified Domestic Relations
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Order as provided in Section 11.4(b), the Alternate Payee may be entitled to direct the
investment of such interest in accordance with this Section 4 as if he or she were the
Participant, to the extent provided in such order. In the event that an Alternate Payee fails to
specify an investment direction, such Alternate Payee’s interest in the Trust Fund shall be
invested in the same manner as the relevant Participant’s Plan Benefit as of the date of
creation of the Alternate Payee Account.
(b) Notwithstanding any other provision of the Plan, during any period following the
death of a Participant and prior to distribution of the entire Plan Benefit of such Participant,
such Participant’s Beneficiary shall be entitled to direct the investment of such Plan Benefit,
or, as applicable, his or her proportional interest in such Plan Benefit, in accordance with
this Section 4 as if he or she were the Participant.
4.9 No power of attorney, other than one properly executed in accordance with Section
5-1501 of Title 15 of the General Obligations Law of the State, as such may be amended
from time to time, shall be effective to permit an attorney-in-fact to make any investment
direction on behalf of a Participant except upon specific determination by the Administrative
Service Agency that the instrument expressly grants the power to act on behalf of the
Participant regarding investment direction under this Plan.
ACCOUNTS AND RECORDS OF THE PLAN
5.1 (a) The Administrative Service Agency shall establish and maintain an Account
and, as necessary, a Rollover Account in respect of each Participant (or in the case of a
Rollover Account, a Beneficiary who is a Participant’s Surviving Spouse, if applicable) and,
to the extent his or her entire Plan Benefit has not been distributed, each former Participant
showing the value of his or her Plan Benefit, the value of the portion of his or her Plan
Benefit, if any, which is invested in each Investment Fund and other relevant data pertaining
thereto. Each Account and Rollover Account shall be adjusted as of each Valuation Date to
reflect all Units or dollars credited thereto and valued as provided in Section 5.2(b) less all
Units or dollars distributed, withdrawn or deducted therefrom in accordance with the terms
of the Plan. With respect to each Participant, all Amounts Deferred, all Section 457
Transfers in accordance with Section 7.5(b)(i) and all Rollover Contributions in accordance
with Section 7.5(b)(ii) shall be credited to his or her Account or Rollover Account, as
applicable.
(b) Each Participant and, for any period following the death of a Participant and prior to
distribution of the entire Plan Benefit of such Participant, each Beneficiary shall be
furnished with a written statement of his or her Account and Rollover Account (including
the value of the interest he or she has, if any, in each Investment Fund and the amount of
and explanation for each allocation to or deduction from his or her Account and Rollover
Account since the last statement provided) at least quarterly. During the period prior to
distribution of his or her entire interest under the Plan, each Alternate Payee shall be
furnished with a written statement of his or her Alternate Payee Account (including the
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value of the interest he or she has, if any, in each Investment Fund and the amount of and
explanation for each allocation to or deduction from his or her Alternate Payee Account
since the last statement provided) at least quarterly.
(c) The establishment and maintenance of, or allocations and credits to, the Account and
Rollover Account of any Participant shall not vest in such Participant or his or her
Beneficiary any right, title or interest in and to any Trust Fund assets or Plan benefits except
at the time or times and upon the terms and conditions and to the extent expressly set forth
in the Plan and the Trust Agreement. The establishment and maintenance of, or allocations
and credits to, the Alternate Payee Account of any Alternate Payee shall not vest in such
Alternate Payee any right, title or interest in and to any Trust Fund assets or Plan benefits
except at the time or times and upon the terms and conditions and to the extent expressly set
forth in the Qualified Domestic Relations Order, the Plan and the Trust Agreement.
5.2 (a) The Plan Benefit shall equal the value of a Participant’s Account and Rollover
Account which shall be determined by aggregating the value of his or her separate interests,
if any, in each Investment Fund.
(b) The Trust Fund shall consist of the Investment Funds. The aggregate value of the
Accounts and the Rollover Accounts, the Alternate Payee Accounts and any reserve for
expenses and suspense accounts, if any, shall be equal to the value of the Trust Fund. Each
Investment Fund shall be valued either in Units or in dollars. As of each Valuation Date,
each Fund shall be valued pursuant to the Trust Agreement and the agreements between the
Committee or the Trustee and the Financial Organizations to reflect the effect of income
received and accrued, realized and unrealized profits and losses, and all other transactions of
the preceding period.
5.3 (a) The expenses of administering the Plan, including (i) the fees and expenses of
the Financial Organizations and Administrative Service Agency for the performance of their
duties under the Plan, (ii) the expenses incurred by the Committee or any of its members or
any Trustee in the performance of their duties under the Plan (including reasonable
compensation for any legal counsel, certified public accountants, consultants, and agents and
cost of services rendered in respect of the Plan and the Trust Agreement (as provided
therein)), and (iii) all other proper charges and disbursements of the Financial Organizations,
Administrative Service Agency, the Committee or its members (including settlements of
claims or legal actions approved by counsel to the Plan) or any Trustee shall be paid out of
the Trust Fund, and allocated to and deducted from the Accounts and Alternate Payee
Accounts as of each Valuation Date, unless paid by the Committee from State funds
allocated for such expenses or the Employer elects to pay such expenses directly.
(b) Brokerage fees, transfer taxes and any other expenses incident to the purchase or
sale of securities by the Financial Organizations for the Investment Funds shall be deemed
to be part of the cost of such securities, or deducted in computing the proceeds therefrom, as
the case may be. Taxes, if any, of any and all kinds whatsoever which are levied or assessed
on any assets held or income received by the Trust Fund shall be allocated to and deducted
from the Accounts and Alternate Payee Accounts in accordance with the provisions of this
Section 5.
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SECTION 6
WITHDRAWALS FOR UNFORESEEABLE EMERGENCIES; WITHDRAWALS
OF SMALL ACCOUNTS; LOANS; WITHDRAWALS OF ROLLOVER
ACCOUNTS
6.1 Upon a showing by a Participant of an unforeseeable emergency, the Administrative
Service Agency may, in its sole discretion, permit a payment to be made to the Participant in
an amount which does not exceed the lesser of (i) the amount reasonably needed to meet the
financial need created by such unforeseeable emergency or (ii) an amount which, together
with any prior distribution or withdrawal, does not exceed the value of the Participant’s Plan
Benefit determined as of the most recent Valuation Date. Any such payment shall be made
from the Trust Fund by the Trustee upon the direction of the Administrative Service Agency
and shall be withdrawn by the Trustee pro rata from the Investment Funds in which the
Participant has an interest, unless the Participant specifies in the request for such a payment
the portion of the total amount to be withdrawn by the Trustee from each Investment Fund.
Such payment shall first be charged to the Account of the Participant and, if necessary, then
to the Rollover Account. All payments shall be made in one lump cash sum within sixty
days after approval of the request.
6.2 (a) For purposes of this Section 6, an unforeseeable emergency is defined, as
required by the Treasury Regulations and applicable guidancepromulgated under Section
457 of the Code, as a severe financial hardship of a Participant resulting from an illness or
accident of the Participant, an individual who is a Beneficiary, the Participant’s spouse or
the Participant’s dependent, as defined in Section 152(a) of the Code, loss of the
Participant’s property due to casualty, or other similar extraordinary and unforeseeable
circumstances arising as a result of events beyond the control of the Participant. In
accordance with the Treasury Regulations, the need to send a Participant’s child to college
or the desire to purchase a home does not constitute an unforeseeable emergency.
(Amended December 7, 2007)
(b) For purposes of this Section 6, an amount will not be considered to be reasonably
needed to meet the financial need created by an unforeseeable emergency to the extent that
such need is or may be relieved (i) through reimbursement or compensation by insurance or
otherwise, (ii) by liquidation of a Participant’s assets, to the extent the liquidation of such
assets would not itself cause severe financial hardship, or (iii) by cessation of deferrals under
the Plan.
6.3 A Participant with respect to whom his or her Account, irrespective of the amount in
the Participant’s Rollover Account, does not exceed $5,000 (or such greater amount as may
be permitted by Section 401(a)(11) of the Code) may elect at any time to receive a lump
sum distribution, not to exceed $5,000 of his or her Account and Rollover Account at least
sixty days following such election, provided that:
(a) there has been no Amount Deferred by such Participant during the two-year
period ending on the date of distribution, and
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(b) there has been no prior distribution elected by such Participant pursuant to
this Section 6.3.
6.4 With respect to a Participant or an Alternate Payee whose Account or Alternate
Payee Account does not exceed the amount set forth in Section 6.3, the Committee, at its
discretion, may direct the Trustee to distribute the Participant’s Account and Rollover
Account or the Alternate Payee’s Alternate Payee Account as soon as practicable following
the Participant’s Severance from Employment or in accordance with the requirements and
provisions of Sections 6.3(a) and 6.3(b); provided, however, that in the event such
distributions is greater than $1,000, if the participant does not elect to have such distribution
paid directly to an eligible retirement plan specified by the participant in a direct rollover or
to receive the distribution directly in accordance with Section 7.3(a)(i), then the Committee
will pay the distribution in a direct rollover to an individual retirement plan designated by
the Committee; and provided further, that such distribution shall made in accordance with
the requirements of Section 401(a)(31) of the Code and any Treasury Regulations, or any
other applicable regulations, promulgated thereunder. (Amendment adopted June 2, 2006)
6.5 On or after the date on which the Committee adopts a loan program, which date
may not be before January 1, 2003, upon request of an eligible Participant, the
Committee may, in its sole discretion and on such terms and conditions as it shall
prescribe under written uniform rules which shall be deemed to be a part of the Plan;
provided that such rules are consistent with the provisions set forth in this Section 6.5,
direct the Trustee to make loans to such eligible Participant. Plan loans shall be granted
to those Participants who are active Employees, and, if the Committee shall determine, to
those Participants who are on an approved leave of absence from their Employer. Each
Participant shall have only one outstanding Plan loan at a time. The principal amount of
any Plan loan shall be for an amount equal to at least $1,000, or such other amount as the
Committee shall determine, and shall not exceed the lesser of (i) 50% of the value of the
sum of (A) the Participant’s Account and (B) the Participant’s Rollover Account, if
applicable, and (ii) $50,000. All Plan loans, other than those for the purpose of acquiring
the dwelling unit which is, or within a reasonable time shall be, the principal residence of
the Participant, shall be repaid over a non-renewable repayment period of five years. A
Plan loan made for acquiring a principal residence shall be repaid over a non-renewable
repayment period of up to 15 years, or such other term as the Committee shall determine.
Each Plan loan granted shall bear a rate of interest equal to one percentage point above
the prime interest rate as published in the Wall Street Journal, or such other reasonable
rate of interest as the Committee shall determine. A Plan loan shall be made first from
the Participant’s Account, until exhausted, and then from his or her Rollover Account.
Any Plan loan shall be repaid in substantially equal installments of principal and accrued
interest which shall be paid at least quarterly, subject to the methods and procedures as
shall be determined by the Committee and the Administrative Service Agency. All Plan
loans shall be made from of the Trust Fund and notes evidencing such obligations shall
be considered assets of the Trust Fund. All Plan loans shall be secured, as of the date of
the Plan loan, by the sum of (i) the Participant’s Account and (ii) the Participant’s
Rollover Account, if applicable, provided, however, that no more than 50% of such
Participant’s Account balance shall be used as security for the Plan loan. If a Participant
fails to make any scheduled repayment of his or her Plan loan within 90 days of its due
date, or such other period as the Committee shall determine, such Participant shall be
considered in default and the Administrative Service Agency shall declare a deemed
distribution to have occurred with respect to such Plan loan, effective as of the date of the
default. The Committee, may in its sole discretion, establish or change from time to time,
the standards or requirements for making any Plan loan, including, without limitation,
assessing an administrative fee against the Participant for such Plan loan. For purposes
of this Section 6.5, an outstanding loan shall include (i) any loan that is being repaid in
compliance with this Section 6.5 until repaid in full and (ii) any loan that is considered in
default until subsequently repaid. Notwithstanding anything in this Section 6.5 to the
contrary, a participant who has defaulted on a loan made under the Plan and which is not
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repaid shall not be eligible to obtain another loan hereunder until such time as the
maximum non-renewable payment period over which such defaulted loan could have
been repaid has expired, and then only to the extent permitted by Section 1.72(p)-1 of the
Treasury Regulations, considering such defaulted and unpaid loan as still outstanding.
6.6 Effective as of May 21, 2004, the Committee may provide that aParticipant who
has a Rollover Account shall be permitted to withdraw all or any portion of such Rollover
Account at any time during a Plan Year; provided that such withdrawals shall be paid
pursuant to a method of payment elected by the Participant, and the value of such shall be
determined, in accordance with Section 7.3 hereof.
6.7 If a Participant should die prior to the payment of any withdrawal requested under
this Section 6, or the disbursement of the proceeds of any Plan loan requested under this
Section 6, the Participant's withdrawal or loan request shall be void as of the date of death.
SECTION 7 DISTRIBUTIONS FROM THE PLAN AND OTHER ELIGIBLE
.
RETIREMENT PLANS
7.1 (a) Except as otherwise provided in Section 6, a Participant may
not receive distribution of his or her Plan Benefit at any time prior to the earlier of (i)
such Participant’s Severance from Employment with the Employer or (ii) the Plan
Year in which such Participant attains age 70½. Upon a Participant’s Severance from
Employment with the Employer for any reason other than death or upon
commencement of the Plan Year in which he or she attains age 70½, the Participant
shall be entitled to receive an amount equal to the value of his or her Plan Benefit,
which shall be paid in cash by the Trustee from the Trust Fund in accordance with one
of the methods described in Section 7.3 and as of the commencement date elected by
the Participant in accordance with the procedures prescribed under Section 7.4(a). In
the case of a Participant who continues in service with the Employer following his or
her attainment of age 70½, such Participant may elect to commence the distribution of
his or her Plan Benefit and such election shall designate a method of payment in
accordance with Section 7.3; provided, however, that payments may not commence
earlier than forty-five days, or such other number the Committee shall determine,
following the Participant’s attainment of age 70½.
(b) Notwithstanding anything in this Section 7.1 to the contrary, in accordance with the
requirements of Section 401(a)(9) of the Code, distributions shall commence no later than
st
the April 1 following the close of the Plan Year in which (i) the Participant attains age 70½
or (ii) the Participant Severs from Employment, whichever is later.
7.2 If a Participant dies before receiving final distribution of his or her Plan Benefit, an
amount equal to the value of the unpaid portion thereof as of the date of death shall be paid
in cash by the Trustee from the Trust Fund to the Participant’s Beneficiary by one of the
methods described in Section 7.3; provided, however, that if the Participant dies after
payments have commenced then payment to the Participant’s Beneficiary must be made in
accordance with the provisions of Section 401(a)(9) of the Code.
(a) Subject to the following provisions of this Section 7.3, any
7.3
payment made under this Section 7 shall be made in one of the following methods, as
the Participant (or, in the case of the death of a Participant, his or her Beneficiary)
may elect pursuant to Section 7.4 hereof:
(i) one lump cash sum payment; or
(ii) with respect to such Participant’s Account and Rollover Account,
substantially equivalent monthly, quarterly, semi-annual or annual installment
payments; provided, however, that a Participant (or, in the case of the death of a
Participant, his or her Beneficiary) may elect to receive (A) an initial installment
payment in a specified amount and (B) the balance of his or her Account in
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substantially equivalent monthly, quarterly, semi-annual or annual installment
payments as long as the initial payment is in an amount greater than the amount of
the subsequent installment payments at the time they commence and such
subsequent payments commence within two years of such initial payment.
(iii) A Participant who elects to receive installment payments or who is currently
receiving installment payments pursuant to Section 7.3(a)(ii), may elect, in
accordance with procedures established by the Administrative Service Agency, to
receive a portion of his or her Account or Rollover Account distributed in a lump
sum; provided, however, that no lump sum payment shall be less than $500.00, or
such other amount as the Committee shall determine, and provided further, that such
elections shall not be made more than twelve times per Plan Year, or such other
number as the Committee shall determine. Such lump sum payment shall not result
in a discontinuation of subsequent installment payments; provided, however, that
such subsequent payments may be redetermined in accordance with methods and
procedures established by the Administrative Service Agency.
(iv) A Participant who is an eligible retired public safety officer, as defined in
Section 402(l) of the Code and the rules, regulations and guidance issued thereunder,
may elect, at the time and in the manner prescribed by the Administrative Service
Agency, to have up to $3,000 per year (or such greater amount as may be permitted
under applicable guidance issued by the Internal Revenue Service) of amounts
distributable under the Plan used to pay qualified health insurance premiums for
accident or health plan or long-term care insurance contract covering the Participant
and his or her spouse and dependents. Such amounts are excludible from the
Participant’s gross income to the extent the qualified health insurance premiums are
paid directly to the provider of the accident or health plan or long-term care
insurance contract (determined in accordance with Treasury Regulations and
applicable guidance promulgated under Section 402(l) of the Code) by deduction
from a distribution to the Plan. (Added December 7, 2007)
(b) If a Participant (or, in the case of death of a Participant, his or her Beneficiary) elects
a lump sum payment, pursuant to Sections 7.3(a)(i) or 7.3(a)(iii), the value of the
Participant’s Plan Benefit shall be determined as of the Valuation Date coincident with or
last preceding the date on which the Plan Benefit is withdrawn from the Investment Funds
and liquidated for distribution.
(c) If a Participant (or, in the case of death of a Participant, his or her Beneficiary) elects
to receive installment payments, subject to Section 7.3(a)(ii), such Participant’s Account and
Rollover Account shall continue to participate in the investment performance of the
Investment Fund or Funds in which such amounts are invested and to bear its allocable share
of administrative and investment expenses until the Valuation Date coincident with or last
preceding the date on which such Plan Benefit amounts are withdrawn from the Investment
Funds and liquidated for distribution; provided, however, that the amount of the installments
need not be redetermined to reflect changes in the value of the Account more frequently
than annually. All such redeterminations shall be made by the Administrative Service
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Agency in accordance with procedures of uniform application.
7.4 (a) In the case of the Participant’s Severance from Employment with the Employer
or death, a distribution election may be made by the Participant or his or her Beneficiary
prior to, or after, payments commence pursuant to the provisions of this Section 7. Such
election shall specify the form of payment described in Section 7.3 elected and the date on
which payments shall commence; provided, however, that payments may not commence
earlier than forty-five days, or such other number the Committee shall determine, following
the Participant’s Severance from Employment or death. A Participant or his or her
Beneficiary, including a Participant or his or her Beneficiary who is currently receiving
distributions under the Plan, irrespective of the date on which such distributions
commenced, may change both the timing and the form of payment elected in accordance
with procedures established by the Administrative Service Agency, subject to Section 7.6.
(b) If a Participant dies before distribution of his or her Plan Benefit has commenced, a
distribution will be made to the Beneficiary pursuant to the Beneficiary’s election duly filed
with the Administrative Service Agency in accordance with the provisions of Section 7.4(a);
provided, however, any distribution to a Beneficiary shall be made in accordance with the
provisions of Section 401(a)(9) of the Code. All distributions shall commence not later than
the close of the Plan Year immediately following the Plan Year in which the Participant
died, or, in the event such Beneficiary is the Participant’s Surviving Spouse, on or before the
close of the Plan Year in which such Participant would have attained age 70½, if later (or, in
either case, on any later date prescribed by the Treasury Regulations). If such Beneficiary
who is also the Surviving Spouse dies after the Participant’s death but before distributions to
such Beneficiary commence, this provision shall be applied to require payment of any
further benefits as if such Surviving Spouse were the Participant.
(a) (i) In connection with a Participant’s Severance from
7.5
Employment, the Distributee may elect, at the time and in the manner prescribed by the
Administrative Service Agency, to have all or any portion of the Participant’s Account
and Rollover Account that qualifies as an Eligible Rollover Distribution paid directly to
the trustee of an Eligible Retirement Plan, provided that such other plan provides for
the acceptance of such amounts by the trustee. The Plan shall provide written
information to Distributees regarding Eligible Rollover Distributions to the extent
required by Section 402(f) of the Code.
(ii) Upon a Participant’s death, a Beneficiary who is not the Participant’s Surviving
Spouse may elect, at the time and in the manner prescribed by the Administrative Service
Agency, to have all or any portion of the Participant’s Account and Rollover Account that
qualifies as an Eligible Rollover Distribution paid directly to the trustee of an individual
retirement arrangement (as defined in Section 7701(a)(37) of the Code) that is established
for the purpose of receiving the distribution on behalf of such Beneficiary. (Added
December 7, 2007)
(iii) A Participant whose adjusted gross income for the taxable year of a distribution does
not exceed $100,000 (or such other amount as may be provided under applicable guidance
issued by the Internal Revenue Service) may elect, at the time and in the manner prescribed
by the Administrative Service Agency, to have all or any portion of the Participant’s
Account and Rollover Account that qualifies as an Eligible Rollover Distribution rolled over
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to a Roth individual retirement arrangement (as defined in Section 7701(a)(37) of the Code,
and designated as a Roth arrangement at the time of its establishment). Such amounts will
be included in gross income as if the distribution had been made to such Participant.
(Added December 7, 2007)
(b) (i) Compensation previously deferred by a Participant, a Beneficiary
who is a Participant’s Surviving Spouse or spousal Alternate Payee pursuant to another
eligible deferred compensation plan under Section 457 of the Code maintained by another
employer that is a state, political subdivision of a state, any agency or instrumentality of a
state or political subdivision of a state shall be accepted for transfer by the Trustee in the
form and in the manner specified by the Administrative Service Agency. All such Section
457 Transfers shall be credited to the Participant’s Account or the Alternate Payee Account
and shall be invested in accordance with the investment direction of the Participant, the
Beneficiary who is a Participant’s Surviving Spouse or spousal Alternate Payee pursuant to
Sections 4.2, 4.3, or 4.8, whichever is applicable; such Section 457 Transfers are subject to
all of the terms and conditions of the Plan.
(ii) (A) An accrued benefit of a Participant, a Beneficiary who is a Participant’s
Surviving Spouse or spousal Alternate Payee under an Eligible Retirement Plan that is
distributed to the Participant, a Beneficiary who is a Participant’s Surviving Spouse or
spousal Alternate Payee or is directly rolled over to the Plan as an Eligible Rollover
Distribution may be accepted as a Rollover Contribution by the Trustee in the form and in
the manner specified by the Administrative Service Agency; provided, however, that such
Participant, Beneficiary who is a Participant’s Surviving Spouse or spousal Alternate Payee
has made an Investment Fund direction pursuant to Sections 4.2, 4.3, or 4.8, whichever is
applicable, and filed a written request with the Administrative Service Agency requesting
that such transfer be accepted.
(B) The Administrative Service Agency, in accordance with the Code
and procedures established by the Committee, shall, as soon as practicable following its
receipt of the written request of a Participant, a Beneficiary who is a Participant’s Surviving
Spouse or spousal Alternate Payee, determine whether the Rollover Contribution shall be
accepted by the Plan. Any written request filed by a Participant, a Beneficiary who is a
Participant’s Surviving Spouse or spousal Alternate Payee pursuant to this Section 7.5(b)
shall set forth the fair market value of such Rollover Contribution and a statement
satisfactory to the Administrative Service Agency that the amount to be transferred
constitutes a Rollover Contribution. In the event the Administrative Service Agency permits
the transfer of the Rollover Contribution, the Trustee shall accept such Rollover
Contribution and the transfer of such Rollover Contribution shall be deemed to have been
made on the Valuation Date next following the date on which it was paid over to the
Trustee. The Rollover Contribution shall be maintained in a separate, fully vested Rollover
Account for the benefit of the contributing Participant or the Beneficiary who is a
Participant’s Surviving Spouse and, in the case of a spousal Alternate Payee, the Alternate
Payee Account, and shall be invested in accordance with the investment direction of the
Participant, the Beneficiary who is a Participant’s Surviving Spouse or spousal Alternate
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Payee, pursuant to Sections 4.2, 4.3 or 4.8, whichever is applicable.
(C) All amounts so transferred shall be credited to the Participant’s
Rollover Account or Alternate Payee Account and if the Committee so provides in
accordance with Section 6.6, shall be available for distribution at any time during the Plan
Year. No other contributions shall be allocated to the Rollover Account.
(c) With respect to trustee-to-trustee transfers, a Participant or Beneficiary may elect, in
accordance with procedures established by the Administrative Service Agency, to have all
or any portion of the value of his or her Account and Rollover Account transferred to the
trustee of a defined benefit governmental plan as described in Section 414(d) of the Code;
provided, however, that such transfer is for the purchase of permissive service credit (as
defined in Section 415(n)(3)(A) of the Code) under such plan or a repayment of
contributions and earnings with respect to a forfeiture of service under such plan.
7.6 Notwithstanding anything in the Plan to the contrary, all distributions of a Plan
Benefit to a Participant or his or her Beneficiary shall commence in accordance with the
amount and timing requirements of the Treasury Regulations under Section 401(a)(9) of the
Code, which are incorporated herein by reference.
DESIGNATION OF BENEFICIARIES
8.1 Each Participant shall file with the Administrative Service Agency a written
designation of one or more persons as the Beneficiary who shall be entitled to receive the
Plan Benefit, if any, payable under the Plan upon his or her death. A Participant may from
time to time revoke or change his or her Beneficiary designation without the consent of any
prior Beneficiary by filing a new designation with the Administrative Service Agency. The
last such designation received by the Administrative Service Agency shall be controlling;
provided, however, that no designation or change or revocation thereof shall be effective
unless received by the Administrative Service Agency prior to the Participant’s death, and in
no event shall it be effective as of a date prior to such receipt.
8.2 If no such Beneficiary designation is in effect at the time of a Participant’s death, or
if no designated Beneficiary survives the Participant, or if no designated Beneficiary can be
located with reasonable diligence by the Administrative Service Agency, the payment of the
Plan Benefit, if any, payable under the Plan upon his or her death shall be made by the
Trustee from the Trust Fund to the Participant’s Surviving Spouse, if any, or if the
Participant has no Surviving Spouse, or the Surviving Spouse cannot be located with
reasonable diligence by the Administrative Service Agency, then to his or her estate. If the
Administrative Service Agency is in doubt as to the right of any person to receive such
amount, it shall inform the Committee and the Trustee and the Trustee may retain such
amount, without liability for any interest thereon, until the rights thereto are determined, or
the Trustee may pay such amount into any court of appropriate jurisdiction or to any other
person pursuant to applicable law and such payment shall be a complete discharge of the
liability of the Trustee, Plan, Committee, Employer, Administrative Service Agency and
Financial Organizations. If the Beneficiary so designated by the Participant shall die after
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the death of the Participant but prior to receiving a complete distribution of the amount that
would have been paid to such Beneficiary had such Beneficiary’s death not then occurred,
then, for purposes of the Plan, the distribution that would otherwise have been received by
such Beneficiary shall be paid to the Beneficiary’s estate.
8.3 No power of attorney, other than one properly executed in accordance with Section
5-1501 of Title 15 of the General Obligations Law of the State, as such may be amended
from time to time, shall be effective to permit an attorney-in-fact to make or change a
Beneficiary designation on behalf of a Participant except upon specific determination by the
Administrative Service Agency that the instrument expressly grants the power to act on
behalf of the Participant regarding Beneficiary designation under this Plan.
ADMINISTRATION
9.1 Except as otherwise provided herein, the operation and administration of the Plan
shall be the responsibility of the Committee. The Committee shall have the power and the
duty to take all action and to make all decisions necessary or proper to carry out its
responsibilities under the Plan. All determinations of the Committee as to any question
involving its responsibilities under the Plan, including, but not limited to, interpretation of
the Plan or as to any discretionary actions to be taken under the Plan, shall be solely in the
Committee’s discretion and shall be final, conclusive and binding on all parties.
9.2 Without limiting the generality of the foregoing, the Committee shall have the
following powers and duties:
(a) to require any person to furnish such information as it may request
for the purpose of the proper administration of the Plan as a condition to receiving
any benefit under the Plan;
(b) to make and enforce such rules and regulations and prescribe the use
of such forms as it shall deem necessary for the efficient administration of the Plan;
(c) to interpret the Plan and to resolve ambiguities, inconsistencies and
omissions;
(d) to decide all questions concerning the Plan and the eligibility of any
Employee to participate in the Plan;
(e) to determine the amount of benefits which shall be payable to any
person in accordance with the provisions of the Plan;
(f) to permit more lenient time periods than otherwise may be specified
in Sections 2.1, 3.1(b), 3.1(c), 4.3, 6.1, 6.3, 6.5, 7.1(a) and 9.5 of the Plan; provided,
however, in no case may a Participant’s election to commence Compensation
deferrals, or to modify existing Compensation deferrals, be effective until notice of
such election is filed with the Employer or Administrative Service Agency; and
(g) to determine the methods and procedures for the implementation and
use of any automated telephone, computer, internet, intranet or other electronic or
automated system adopted by the Committee for purposes of Plan administration,
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including, without limitation, for receiving and processing enrollments and
instructions with respect to the investment of assets allocated to a Participant’s
Account or Rollover Account and for such other purposes as may be designated
from time to time.
9.3 Except as may be prohibited by applicable law, the Committee or any member
thereof, or any person, firm or corporation to whom may be delegated any duty or power in
connection with administering, managing or supervising the administration or management
of the Plan or Trust Fund, shall not be liable for (a) anything done or omitted to be done by
it or by them unless the act or omission claimed to be the basis for liability amounted to a
failure to act in good faith or was due to gross negligence or willful misconduct; (b) the
payment of any amount under the Plan; or (c) any mistake of judgment made by it or on its
behalf by a member of the Committee. No member of the Committee, nor any delegate,
shall be personally liable under any contract, agreement, bond or other instrument made or
executed by him or her or on his or her behalf in connection with the Plan or Trust Fund.
9.4 Except as otherwise provided in the Plan and the Trust Agreement, the Trustee shall
have responsibility with respect to the control or management of the assets of the Plan and
the Trust Fund. The Committee shall periodically review the performance and methods of
the Trustee and the Committee may appoint and remove or change the Trustee. The
Committee shall have the power to appoint or remove one or more Financial Organizations
and to delegate to such Financial Organization(s) authority and discretion to manage
(including the power to acquire and dispose of) the assets of the Plan and Trust Fund in
accordance with the Regulations and shall periodically review the performance and methods
of such Financial Organization(s) and may direct the acquisition or disposition of the assets
in any Investment Fund.
9.5 (a) The Committee shall have general authority under the Plan. The decisions of the
Committee shall be final, binding and conclusive on all interested persons for all purposes.
The Committee may delegate its general authority as it deems appropriate in accordance
with the terms of the Plan and all applicable Code sections and Treasury Regulations;
provided, however, that such delegation shall be subject to revocation at any time at the
discretion of the Committee. Notwithstanding any other provision of the Plan, the
Committee’s general authority shall include the right to review, revise, modify, revoke, or
vacate any decision made or action taken by any party under the Plan which right includes,
but is not limited to, the right to review, revise, modify, revoke, or vacate any decision of the
Review Committee at any time upon reasonable notice to the claimant.
(b) Any claim to rights or benefits under the Plan, including, without limitation, any
purported Qualified Domestic Relations Order, or request for hardship withdrawal under
Section 6 must be filed in writing with the Committee, or with such other entity as the
Committee may designate. Within sixty days after receipt of such claim, the Committee, or
such other entity designated by the Committee, shall notify the claimant and, if such
claimant is not the Participant, any Participant against whose Plan Benefit the claim is made,
that the claim has been granted or denied, in whole or in part. Notice of denial of any claim
in whole or in part by the Committee, or by such other entity designated by the Committee,
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shall include the specific reasons for denial and notice of the rights granted by Section
9.5(c).
(c) Any claimant or Participant who has received notice of denial or grant, in whole or
in part, of a claim made in accordance with the foregoing subsection (b) may file a written
request within thirty days of receipt of such denial for review of the decision by the Review
Committee. Within ninety days after receipt of such request for review, the Review
Committee shall notify the claimant and, as applicable, the Participant, that the claim has
been granted or denied, in whole or in part; provided, however, that the Review Committee
may in its discretion extend such period by up to an additional 120 days upon notice to the
claimant and, as applicable, the Participant, prior to expiration of the original ninety days
that such additional period is needed for proper review of the claim. Notice of denial of any
claim in whole or in part by the Review Committee shall include the specific reasons for
denial and shall be final, binding and conclusive on all interested persons for all purposes.
(d) Subject to the discretion of the Committee or such other entity as the Committee
may designate to determine otherwise, no distribution of any Plan Benefit shall be permitted
during any period during which a claim, including, without limitation, a purported Qualified
Domestic Relations Order, against all or part of such Plan Benefit is being reviewed in
accordance with the provisions of this Section 9.5. If the Trustee or the Administrative
Service Agency reasonably believes that a claim, including, without limitation, a purported
Qualified Domestic Relations Order, against all or part of any Plan Benefit is likely to be
asserted, such Trustee or Administrative Service Agency shall notify the Committee and it
shall be within the discretion of the Committee to refuse to permit any distribution of all or
part of such Plan Benefit pending determination of such claim.
9.6 The Committee shall arrange for the engagement of legal counsel and certified
public accountants, who may be counsel or accountants for the Employer, and other
consultants, and make use of agents and clerical or other personnel, for purposes of this
Plan. The Committee may rely upon the written opinions of counsel, accountants and
consultants, and upon any information supplied by the Trustee, a Financial Organization or
Administrative Service Agency appointed in accordance with the Regulations, and delegate
to any agent or to any member of the Committee its authority or the authority of the
Employer to perform any act hereunder, including without limitation those matters
involving the exercise of discretion; provided, however, that such delegation shall be subject
to revocation at any time at the discretion of the Committee.
9.7 No member of the Committee shall be entitled to act on or decide any matters
relating solely to such member or any of his or her rights or benefits under the Plan.
9.8 Any action of the Committee may be taken at a meeting. The Committee shall
establish its own procedures and the time and place for its meetings and provide for the
keeping of minutes of all meetings.
9.9 Notwithstanding any other provision hereof, the Plan shall at all times be operated in
accordance with the requirements of applicable law, including, without limitation, the
Regulations.
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AMENDMENT OR TERMINATION
10.1 (a) Subject to Section 10.1(b) and any requirements of State or federal law, the
Committee reserves the right at any time and with or without prior notice to amend, suspend
or terminate the Plan, any deferrals thereunder, the Trust Agreement and any Investment
Fund, in whole or in part and for any reason and without the consent of any Employee,
Participant, Beneficiary or other person. The Plan shall be terminated automatically upon
complete and final discontinuance of all deferrals thereunder.
(b) No amendment or modification shall be made which would retroactively impair any
individual’s rights to any benefits under the Plan, except as provided in Section 10.1(c).
(c) Any amendment, suspension or termination of any provisions of the Plan, any
deferrals thereunder, the Trust Agreement or any Investment Fund may be made
retroactively if required to meet any applicable requirements of the Code or any other
applicable law.
10.2 Upon termination of the Plan, the Employer shall permit no further deferrals of
Compensation under the Plan and all Plan Benefits and other interests in the Trust Fund
shall thereafter be payable as provided in the Plan. Any distributions, transfers or other
dispositions of the Plan Benefits as provided in the Plan shall constitute a complete
discharge of all liabilities under the Plan. The Committee and the Trustee(s) shall remain in
existence and the Trust Agreement and all of the provisions of the Plan which in the opinion
of the Committee are necessary for the execution of the Plan and the administration and
distribution, transfer or other disposition of interests in the Trust Fund shall remain in force.
GENERAL LIMITATIONS AND PROVISIONS
11.1 The Plan, as duly amended from time to time, shall be binding on each Participant
and his or her Surviving Spouse, heirs, administrators, trustees, successors, assigns, and
Beneficiaries and all other interested persons.
11.2 Nothing contained herein shall give any individual the right to be retained in the
employment of the Employer or affect the right of the Employer to terminate any
individual’s employment. The adoption and maintenance of the Plan shall not constitute a
contract between the Employer and any individual or consideration for, or an inducement to
or condition of, the employment of any individual.
11.3 If the Administrative Service Agency shall find that any person to whom any
amount is payable under the Plan is unable to care for his or her affairs, is a minor, or has
died, then it shall so notify the Committee and the Trustee, and any payment due him or her
or his or her estate (unless a prior claim therefor has been made by a Beneficiary, Surviving
Spouse or duly appointed legal representative or the time period during which a Beneficiary
or Surviving Spouse could make a claim under the Plan has not elapsed) may, if the Trustee
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so elects, be paid to his or her spouse, a child, a relative, or any other person maintaining or
having custody of such person otherwise entitled to payment or deemed by the Trustee to be
a proper recipient on behalf of such person. Any such payment shall be a complete
discharge of all liability under the Plan therefor.
11.4 (a) Except insofar as may otherwise be required by law or in accordance with this
Section 11.4, no amount payable at any time under the Plan shall be subject in any manner
to alienation by anticipation, sale, transfer, assignment, bankruptcy, pledge, attachment,
garnishment, charge or encumbrance of any kind, and any attempt to so alienate such
amount, whether presently or thereafter payable, shall be void. If any person shall attempt
to, or shall, so alienate any amount payable under the Plan, or any part thereof, or if by
reason of bankruptcy or other event happening at any time such amount would not be
enjoyed by the person to whom it is payable under the Plan, then the Trustee shall notify the
Committee and, if it so elects, may direct that such amount be withheld and that the same or
any part thereof be paid to or for the benefit of such person, his or her spouse, children or
other dependents, or any of them, in such manner and proportion as the Trustee may deem
proper.
(b) Payments with respect to a Participant’s Plan Benefit may be made by the Trustee
from the Trust Fund to one or more Alternate Payees pursuant to the terms of a Qualified
Domestic Relations Order; provided however, that such Qualified Domestic Relations Order
shall not create any rights greater than the Participant’s rights under the Plan.
Notwithstanding any provisions of the Plan to the contrary, any distribution due to an
Alternate Payee may be paid in one lump sum as soon as practicable following the
qualification of the order if the Alternate Payee consents thereto; otherwise it shall be
payable on or after the date on which the Participant attains Earliest Retirement Age. Upon
receipt of a Qualified Domestic Relations Order by the Plan, a portion of the Participant’s
Account and Rollover Account, which portion shall be determined in accordance with the
Qualified Domestic Relations Order, shall be segregated and maintained on behalf of each
Alternate Payee designated under such Qualified Domestic Relations Order until payment is
made to the Alternate Payee in accordance with this Section 11.4 and the terms of the Plan.
No liability whatsoever shall be incurred by the Committee, Trustee, Employer,
Administrative Service Agency, Review Committee or any Financial Organization solely by
reason of any action taken in accordance with this Section 12.4 pursuant to the terms of a
Qualified Domestic Relations Order.
11.5 Each Participant shall file with the Administrative Service Agency such pertinent
information concerning himself or herself and his or her Beneficiary as the Committee may
specify, and no Participant, Beneficiary or other person shall have any rights or be entitled to
any benefits under the Plan unless such information is filed by or with respect to him or her.
11.6 All elections, designations, requests, notices, instructions, and other communications
from a Local Employer, Employee, Participant, Beneficiary, Surviving Spouse or other
person to the Committee, Administrative Service Agency or the Employer required or
permitted under the Plan shall be in such form as is prescribed from time to time by the
Committee, shall be mailed by first class mail or delivered to such location as shall be
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specified by the Committee, and shall be deemed to have been given and delivered only
upon actual receipt thereof at such location. Copies of all elections, designations, requests,
notices, instructions and other communications from an Employee, Participant, Beneficiary,
Surviving Spouse or other person to the Employer shall be promptly filed with the
Administrative Service Agency.
11.7 All notices, statements, reports and other communications from a Local Employer,
the Trustee or the Committee to any Employee, Participant, Beneficiary, Surviving Spouse
or other person required or permitted under the Plan shall be deemed to have been duly
given when delivered to, or when mailed by first class mail, postage prepaid and addressed
to such Employee, Participant, Beneficiary, Surviving Spouse or other person at his or her
address last appearing on the records of the Committee, the Trustee or the Local Employer.
11.8 The Committee may, upon the recommendation of the Administrative Service
Agency, enlarge or diminish the time periods set forth in Sections 2.1, 3.1(b), 3.1(c), 4.3,
6.1, 6.3, 6.5 and 9.5; provided it determines that such action is necessary or desirable to
facilitate the proper administration of the Plan, and provided further that in no case may a
Participant’s election to commence Compensation deferrals, or to modify existing
Compensation deferrals, be effective until notice of such election is filed with the Employer
or Administrative Service Agency.
11.9 The amounts set aside and held in the Trust Fund shall be for the exclusive purpose
of providing benefits to the Participants and their Beneficiaries and Alternate Payees and
defraying expenses of Plan and Trust Fund administration and no part of the Trust Fund
shall revert to any Employer; provided, however, that the setting-aside of any amounts to be
held in the Trust Fund is expressly conditioned upon the following: if an amount is set aside
to be held in the Trust Fund by an Employer in a manner which is inconsistent with any of
the requirements of Section 457(b) of the Code, such amount shall be returned to such
Employer prior to the first day of the first Plan Year commencing more than 180 days after
the date of notification of such inconsistency by the Secretary of the Treasury. Any amounts
so returned to the Employer, and the earnings thereon, shall be distributed to the Participants
on whose behalf such amounts were set aside.
11.10 The Trust Fund shall be the sole source of benefits under the Plan and, except as
otherwise required by applicable law, the Committee, the Employer and the Trustee assume
no liability or responsibility for payment of such benefits, and each Participant, his or her
spouse or Beneficiary, or other person who shall claim the right to any payment under the
Plan shall be entitled to look only to the Trust Fund for such payment and shall not have any
right, claim or demand therefor against the Committee, or any member thereof, the
Employer, the Trustee, or any employee or director thereof.
11.11 Any and all rights or benefits accruing to any persons under the Plan shall be subject
to the terms of the Trust Agreement or any other funding instrument that is part of the Plan
and the Trust Fund.
11.12 The duties and responsibilities allocated to each person under the Plan and the Trust
Agreement shall be the several and not joint responsibility of each, and no such person shall
be liable for the act or omission of any other person.
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11.13 The captions preceding the Sections hereof have been inserted solely as a matter of
convenience and in no way define or limit the scope or intent of any provisions hereof.
11.14 The Plan and all rights thereunder shall be governed by and construed in accordance
with the Code and the Treasury Regulations promulgated thereunder and the laws of the
State.
RESOLUTION AUTHORIZING PRE-ENTITLEMENT AGE PAYOUT
OF VOLUNTEER FIREFIGHTER SERVICE AWARD PROGRAM
RETIREMENT BENEFITS TO ROBERT SUCKMAN
RESOLUTION NO.: 472, 2008
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Queensbury Town Board previously adopted a Volunteer Fire
Fighter Service Awards Program, and
WHEREAS, the Town’s Service Award Plan provides that volunteers may
receive their retirement benefits upon reaching the age of 62, and
nd
WHEREAS, by letter to the Town Board dated September 2, 2008, Mr. Robert
Suckman, a 59 year old and 25-year member of the Queensbury Central Volunteer Fire
Company, advised the Town Board that he has suffered a permanent disability which
now prevents him from being an active member of such Fire Company, and such
disability has also created a financial hardship for Mr. Suckman, and
WHEREAS, due to such financial hardship, Mr. Suckman has requested Town
Board authorization for an early payout of his Service Award Plan retirement benefits in
the amount of approximately $10,796, and
WHEREAS, the Town Board may grant early payouts on a case-by-case basis,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board has considered the request of Mr.
Robert Suckman and as a result of Mr. Suckman’s permanent disability and resulting
financial hardship, hereby authorizes the pre-retirement, early payout of Service Award Plan
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retirement benefits to Mr. Suckman in the approximate amount of $10,796 as delineated in
the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to
transmit a certified copy of this Town Board Resolution along with Mr. Suckman’s
nd
September 2, 2008 letter to PENFLEX, INC., the Town’s Service Award Program
Specialists, and the Town Supervisor and/or Town Budget Officer to take such other and
further action necessary to effectuate the terms of this Resolution.
th
Duly adopted this 6 day of October, 2008, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING 5K RUN TO BENEFIT CAMP
COMFORT
RESOLUTION NO. 473, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Adirondack Runners has requested authorization from the
Queensbury Town Board to conduct a 5k road race/walk to benefit Camp Comfort as
follows:
SPONSOR : Adirondack Runners
EVENT : 5k Road Race/Walk
th
DATE : Saturday, December 6, 2008
TIME : 9:00 a.m.
PLACE : Beginning and ending at Adirondack Community
College
(Letter delineating course is attached);
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NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Adirondack
Runners to conduct a 5k Road Race/Walk within the Town of Queensbury to benefit Camp
th
Comfort on Saturday, December 6, 2008, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves this event subject to the Town’s
receipt of proof of insurance from the Adirondack Runners, as well as the Town Highway
Superintendent’s approval of the race, which approval may be revoked due to concern for
road conditions at any time up to the date and time of the event.
th
Duly adopted this 6 day of October, 2008, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO.: ____ OF 2008 TO AMEND QUEENSBURY TOWN
CODE CHAPTER 96 ENTITLED, “GARBAGE, RUBBISH AND
REFUSE” AND CHAPTER 102 ENTITLED, “JUNKYARDS”
RESOLUTION NO.: 474, 2008
INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Queensbury Town Board wishes to consider adoption of a Local
Law to amend Town Code Chapter 96 entitled, "Garbage, Rubbish and Refuse" and Chapter
102 entitled, “Junkyards,” to require that Town of Queensbury residents maintain their
properties in a safe and sanitary condition, and
WHEREAS, such legislation is authorized in accordance with New York State
Municipal Home Rule Law §10 and New York State Town Law Article 16, and
WHEREAS, before the Town Board may act on the proposed Local Law, it must
conduct a public hearing,
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NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing
at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday,
th
October 20, 2008 to consider the proposed Local Law presented at this meeting, hear all
interested persons and take such action required or authorized by law, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Queensbury Town
Clerk to publish and post a Notice of Public Hearing concerning the proposed Local Law in
the manner provided by law.
th
Duly adopted this 6 day of October, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
LOCAL LAWS & ORDINANCES\Chapters 96 and 102 -Garbage Regs and Junkyards –
10-6-08
TOWN OF QUEENSBURY
LOCAL LAW NO.: ___ OF 2008
A LOCAL LAW TO AMEND CHAPTER 96 OF QUEENSBURY
TOWN CODE ENTITLED, “GARBAGE, RUBBISH AND REFUSE”
AND CHAPTER 102 ENTITLED, “JUNKYARDS”
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURY AS FOLLOWS:
SECTION 1.
Queensbury Town Code Chapter 96 entitled, “Garbage, Rubbish
and Refuse,” Article VI thereof entitled, “Deposit of Junk” §96-26, “Unlawful deposit”is
hereby amended as follows:
§ 96-26. Unlawful deposit.
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A. Consistent with Chapter 102, Junkyards, no person, firm or corporation
shall operate. establish or maintain a junkyard within the Town of
Queensbury without a proper license to do so.
B. No person, firm or corporation shall store or deposit two or more
unregistered, old or secondhand motor vehicles, no longer in condition for
legal use on the public highways on any property within the Town unless
the person owning or controlling the land is licensed to operate a junkyard.
C. No person, firm or corporation shall store or deposit motor vehicle parts,
scrap or salvage, machinery, scrap metals, wastepaper, rags, used or
salvaged building materials or other discarded materials or household
waste on any property within the Town unless the person owning or
controlling the land is licensed to operate a junkyard.
D. No person, firm or corporation shall leave, dump or deposit any motor
vehicle parts, scrap or salvage, machinery, scrap metals, wastepaper, rags,
used or salvaged building materials or other discarded materials or
household waste upon any property owned or controlled by another
person, firm or corporation without the property owner's consent or
permission.
E. Garbage and waste may be temporarily stored only in water-tight metal
or plastic containers with tight fitting covers sufficient to keep out water
and prevent disturbance by animals. Wooden containers are not
acceptable for this purpose because they are susceptible to vermin and
water damage.
SECTION 2.
Queensbury Town Code Chapter 102 entitled, “Junkyards,” §102-
11 entitled “Fencing; setbacks; open burning” is hereby amended as follows:
A.Before use, a new junkyard shall be completely surrounded with a fence,
at least eight feet in height, which substantially screens the junkyard. The
fence shall include a suitable gate which shall be closed and locked except
during the working hours of such junkyard or when the applicant or his
agent shall be within. Such fence shall consist of opaque material which is
uniform in height and construction material. Such fence shall be painted in
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such a color that it will blend in with the surroundings. No advertising
matter of any kind shall be attached to or painted on any fence enclosing a
junkyard, except as authorized by Chapter 140, Signs. Such fence shall be
erected not nearer than 100 feet from a public highway right-of-way.
B.All junkyard materials, including junk motor vehicles and parts thereof,
shall be kept within the enclosure of the junkyard except as removal shall
be necessary for the transportation of the same in the reasonable course of
the business. Such materials temporarily located outside the enclosure, any
motor vehicles held for resale for use in the public highway and any
equipment held for resale for the purposes for which it was originally
intended shall be set back at least 20 feet from any public highway right-
of-way. In no event shall more than ten such vehicles intended for resale
be allowed outside the enclosure. No vehicle which meets the definition of
“junk vehicle” as set forth at § 179-2-010 shall be allowed outside the
enclosure. It shall be a rebuttable presumption that such motor vehicles
and equipment are not held for resale if no sale thereof occurs within three
months from the date they are first located outside of the enclosure of the
junkyard. Vehicles and parts thereof and other material shall not be piled
or stacked to a height above the fence or screening device. All wrecking or
other work on such motor vehicles and parts shall be accomplished within
the enclosure.
C.No burning of waste material shall be done in a licensed junkyard unless a
permit for such burning shall have been issued by the New York State
Department of Environmental Conservation.
D.Where the topography, natural growth of timber or other consideration on
the applicant's property accomplish the purposes of this chapter, in whole
or in part, the fencing requirements hereunder may be reduced by the
Town Board, upon granting the license; provided, however, that such
natural barrier conforms with the purposes of this chapter.
E. Garbage and waste may be temporarily stored only in water-tight metal
or plastic containers with tight fitting covers sufficient to keep out water
and prevent disturbance by animals. Wooden containers are not
acceptable for this purpose because they are susceptible to vermin and
water damage.
SECTION 3.Severability.
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If any part of this Local Law shall be declared invalid by a Court of competent
jurisdiction, such declaration shall not affect or impair in any way any other provision
and all other provisions shall remain in full force and effect.
SECTION 4.Effective Period.
This Local Law shall take effect immediately upon filing in the Office of the New
York Secretary of State as provided by Municipal Home Rule Law §27.
RESOLUTION AUTHORIZING PURCHASE OF COMPUTER
SERVER FROM WARREN COUNTY
RESOLUTION NO.: 475, 2008
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury’s Technology Coordinator has requested
Town Board approval to purchase a used Dell PowerEdge 800 ECAS Computer Server
from Warren County to be used in conjunction with the Town’s future purchase of a new
phone system, and
WHEREAS, moneys for such proposed purchase are included in the 2008 Town
Budget,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Town’s
Technology Coordinator’s purchase of a used Dell PowerEdge 800 ECAS Computer Server
from Warren County for an amount not to exceed $250 to be paid for from Account No.:
001-1680-2031, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Technology Coordinator and/or Town Budget Officer to take such other and
further action as may be necessary to effectuate the terms of this Resolution.
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TOWN BOARD MEETING 10-06-2008 MTG. #44
th
Duly adopted this 6 day of October, 2008, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE OF TRUCK/TRACTOR
FROM WASHINGTON COUNTY
RESOLUTION NO.: 476, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury’s Highway Superintendent has requested
Town Board approval to purchase a used 1991 GMC WG64 Truck/Tractor from
Washington County, and
WHEREAS, moneys for such proposed purchase are included in the 2008 Town
Budget,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Town
Highway Superintendent’s purchase of a used 1991 GMC WG64 Truck/Tractor from
Washington County for an amount not to exceed $3,250 to be paid for from the appropriate
expenditure accounts, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Highway Superintendent and/or Town Budget Officer to take such other and
further action as may be necessary to effectuate the terms of this Resolution.
th
Duly adopted this 6 day of October, 2008, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
ABSENT: None
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TOWN BOARD MEETING 10-06-2008 MTG. #44
RESOLUTION AUTHORIZING HIRING OF JACK HICKS AS
FULL-TIME LABORER FOR BUILDING AND GROUNDS
DEPARTMENT
RESOLUTION NO.: 477, 2008 TABLED BY RES. 478.2008
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, by Resolution No.: 350, 2007, the Queensbury Town Board authorized
the hiring of Jack Hicks as a temporary Laborer to work for the Town’s Building and
Grounds Department until such time that a current employee who is out due to an
unexpected illness returns to work, and
WHEREAS, the Facilities Manager has advised the Town Board that the employee
who has been out due to illness will not be returning to work and therefore the Facilities
Manager has requested Town Board authorization to hire Jack Hicks as a full-time Laborer,
and
WHEREAS, Town Policy requires that familial relationships must be disclosed
and the Town Board must approve the appointment of Town employees’ relatives and
Jack Hicks is the son of Ernest Hicks, a Foreman in the Town’s Building and Grounds
Department,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Facilities Manager to hire Jack Hicks as a full-time Laborer working for the Department of
Building and Grounds subject to an eight (8) month probationary period and the Town
successfully completing a background check as reasonably may be necessary to judge
fitness for the duties for which hired, and
BE IT FURTHER,
RESOLVED, that Mr. Hicks shall be paid the hourly rate of pay listed for the
Laborer position in the current CSEA Contract, and
BE IT FURTHER,
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TOWN BOARD MEETING 10-06-2008 MTG. #44
RESOLVED, that the Town Board hereby authorizes and directs the Town
Supervisor, Facilities Manager and/or Budget Officer to complete any forms and take any
action necessary to effectuate the terms of this Resolution.
th
Duly adopted this 6 day of October, 2008 by the following vote:
AYES :
NOES :
ABSENT:
Discussion held: It was the decision of the Town Board to table and act on the resolution at a
later date.
RESOLUTION TO TABLE RESOLUTION NO. 477.2008
RESOLUTION NO. 478.2008
INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
RESOLVED,
that the Town Board of the Town of Queensbury hereby tables Resolution
No. 477.2008.
th
Duly adopted this 6 day of October, 2008 by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF CHARLES DYER AS
TEMPORARY LABORER IN BUILDING AND GROUNDS
DEPARTMENT
RESOLUTION NO. :479, 2008
INTRODUCED BY Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY : Mr. Anthony Metivier
WHEREAS, Charles Dyer, was first hired as an employee of the Town on February
th
7, 2005, and
WHEREAS, Jon Pellino, a full-time Laborer in the Town of Queensbury’s Building
and Grounds Department, is currently out of work on disability, and
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TOWN BOARD MEETING 10-06-2008 MTG. #44
WHEREAS, the Town’s Facilities Manager wishes to hire Charles Dyer as a
Laborer on a temporary basis for sixty days or until such time that Mr. Pellino returns to
work, and
WHEREAS, discussions were had with CSEA who agreed to this temporary
assignment with the understanding that the position is and remains a bargaining unit position
and that dues must be paid by Charles Dyer for the time that he holds the position, and
WHEREAS, the Town acknowledges that no permanent reassignment shall take
place absent posting consistent with the Collective Bargaining Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
hiring of Charles Dyer as a temporary Laborer to work for the Town’s Building and
th
Grounds Department effective September 29, 2008 for sixty days or until such time that
full-time Laborer Jon Pellino returns to work, and
BE IT FURTHER,
RESOLVED, that Mr. Dyer shall be paid at the rate of $18.4765 hourly, to be paid
from the appropriate payroll account, and Mr. Dyer shall also pay Union dues during such
time of his appointment, and
BE IT FURTHER,
RESOLVED, employee benefits shall continue for Mr. Dyer without break in
service or loss of seniority,
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Facilities Manager and/or Town Budget Officer to complete any forms and take
any action necessary to effectuate the terms of this Resolution.
th
Duly adopted this 6 day of October, 2008, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
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TOWN BOARD MEETING 10-06-2008 MTG. #44
RESOLUTION TO AMEND 2008 BUDGET
RESOLUTION NO.: 480, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the following Budget Amendment Requests have been duly initiated
and justified and are deemed compliant with Town operating procedures and accounting
practices by the Town Budget Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town’s Accounting Office to take all action necessary to amend the 2008 Town Budget
as follows:
From To
CodeAppropriationCodeAppropriation$
001-0000-0909Appropriate Fund Balance001-1420-4130Town Counsel Retainer32,000
001-1990-4400Contingency001-1220-4400Misc. Contractual1,000
001-1620-1010Bldg&Grnds Salaries001-1620-4070-0023Bldg Repair2,700
001-1680-1010IT Salaries001-1680-2001Misc. Equipment15,000
001-1420-4130Town Counsel Retainer001-1220-4130Town Counsel Ret.2,500
001-1430-4130Town Counsel Retainer001-1220-4130Town Counsel Ret.1,000
001-1990-1010Contingency001-3510-1010Anim.Ctrl Wages750
001-3620-1010Bldg&Codes Salary001-3620-4110Veh. Repairs4,200
001-3620-4130Town Counsel Retainer001-1010-4130TB Town Counsel Ret.5,000
001-1990-4400Contingency001-4020-4135Vital Statistics Reg.Fee1,200
001-5410-4477Sidewalk Clearing001-8540-2899Drainage10,000
005-0000-0909Appropriate Fund Balance005-3410-4401-4980CPA Audits - Fire15,000
005-0000-0909Appropriate Fund Balance005-3410-4401-4981CPA Audits - EMS18,000
009-8160-4400Misc. Contractual009-9060-8061Health Insurance Buy-out500
032-1950-4430Property Taxes032-1680-2031Computer Hardware100
040-9710-7010Bond Interest 040-9710-4010Bond Principal2,100
001-0000-0909Appropriate Fund Balance001-9901-9004Transfer to Hwy Fund91,000
004-0000-5031Transfer from other Fund004-5130-4410Fuel for Vehicles91,000
th
Duly adopted this 6 day of October, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS –
TH
WARRANT OF OCTOBER 6, 2008
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TOWN BOARD MEETING 10-06-2008 MTG. #44
RESOLUTION NO.: 481, 2008
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board wishes to approve the audit of bills
nd
presented as the Warrant with a run date of October 2, 2008 and a payment date of
th
October 7, 2008,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a
ndth
run date of October 2, 2008 and payment date of October 7, 2008 totaling $653,432.44,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Town Budget Officer to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
th
Duly adopted this 6 day of October, 2008, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
RESOLUTION AWARDING BID FOR TOWN WATER
DEPARTMENT ROOF REPLACEMENT PROJECT
RESOLUTION NO. 482, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, in accordance with Resolution No.: 421,2008, the Town of
Queensbury’s Purchasing Agent duly advertised for bids for a roof replacement project at
the Town’s Water Department building as were more clearly specified in bid specifications
prepared by Vision Engineering, LLC and in form approved by the Town Water
Superintendent, and
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TOWN BOARD MEETING 10-06-2008 MTG. #44
WHEREAS, the Purchasing Agent, Water Superintendent, Water Department Civil
Engineer and Vision Engineering have reviewed the submitted proposals and recommended
that the Town Board award the bid to the lowest responsible bidder, Monahan & Loughlin,
Inc., and
WHEREAS, the Water Superintendent has advised the Town Board that there are
times when Change Orders may become necessary for the Project and has requested that
the Town Board also authorize him to approve and sign certain Change Orders up to a
10% contingency for Change Orders that he deems necessary or appropriate,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby awards the bid for roof
replacement project at the Town’s Water Department building to Monahan & Loughlin,
Inc., for an amount not to exceed $184,777 to be paid for from Account No.: 040-8330-
2899, and
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute any needed Agreement or documentation between the Town and
Monahan & Loughlin, Inc., in form acceptable to the Town Supervisor, Water
Superintendent, Civil Engineer, Town Engineer, Town Budget Officer and/or Town
Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Water
Superintendent to approve and sign Change Orders pertaining to the Contract up to a 10%
contingency or in the total amount not exceeding $203,254 that he deems necessary or
appropriate, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Budget Officer to
take any and all actions necessary to transfer $203,254 from unappropriated, undesignated
Fund Balance to Account No.: 040-8330-2899 and effectuate such 2008 Budget
Amendment, and
BE IT FURTHER,
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TOWN BOARD MEETING 10-06-2008 MTG. #44
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Purchasing Agent, Water Superintendent, Civil Engineer and/or Budget Officer
to take any and all actions necessary to effectuate the terms of this Resolution.
th
Duly adopted this 6 day of October, 2008 by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
ABSENT: None
4.0CORRESPONDENCE
4.12009 Tentative Budget was filed in the Town Clerk’s Office on September
25, 2008
4.2Ltr. To the Town:
A few lines to say thank you for all the help you gave us in getting our home
done, it sure is a lot different. Still going for the light string, we had a short time to do a
lot of work and thanks to “Lou” “Mark” and “Steve” we got it all done, and thank to the
Board. We were all a team, and got everything done. “Steve done a good job about
getting it done” the hot water works great and so does the tub, Electric is great only one
lead cord. Well just wanted you to know you all were a great help. Thank again.
Councilman Brewer-That was one of the individuals that received one of our grants.
5.0TOWN BOARD DISCUSSIONS
Councilman Mitivier-None at this time
Councilman Brewer:
a.Requested that the Town Supervisor find out about the sewer hookup
at the cemetery.
b.Meeting with MMA tomorrow to take a tour
th
c.4 Ward re: PCB they are burning PCB’s in the tub, what the
residents are seeing is steam … DEC will be releasing reports and
will have them for the next Town Board Meeting.
d.New Building is in at the Transfer Station
e.Showed photo of West End Park to the Board the West End should be
proud of what they have over there and take care of it
Councilman Strough:
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TOWN BOARD MEETING 10-06-2008 MTG. #44
a.Queensbury Senior Citizens, this is a great group of people…listed
their upcoming events, if you are 55 years or older you can join call
761-8224
Councilman Montesi:
a.Met Town Council at Homer Avenue an area which had some
drainage problems, noted the bid is out we are going to be running
new drainage pipes, some area business may experience some
interruptions for awhile…looking for a two to three week project.
Supervisor Stec:
a.Thanked TV8 and our sponsors for televising our meetings
b.Queensbury Web site is www.queensbury.net Thanked Ryan Lashway
for his efforts that he has done, he has been a one man show for us for
some time now and he seems to be doing a great job.
c. Re: West End Park, our Parks and Rec. Commission and Department
did a great job getting that project done.
Councilman Metivier:
a.Announced two voter registrations this Wednesday and Saturday at the
Queensbury Activity Center, if you are not registered to vote please
do so, this is one of the most important elections you will ever vote in.
RESOLUTION ADJOURNING QUEENSBURY TOWN BOARD MEETING
RESOLUTION NO. 483.2008
INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED, that the Town Board of the Town of Queensbury hereby moves to adjourn
its Town Board Meeting.
th
Duly adopted this 6 day of October, 2008 by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury