2006-08-31 SP MTG34
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SPECIAL TOWN BOARD MEETING 08-31-2006 MTG. #34
SPECIAL TOWN BOARD MEETING MTG. #34
AUGUST 31, 2006 RES. 419-420
3:00 p.m.
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ROGER BOOR
COUNCILMAN RICHARD SANFORD
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER-ABSENT
TOWN OFFICIALS PRESENT
Budget Officer Jennifer Switzer
Supervisor Stec-Opened the Meeting Noted that Councilman Brewer is not present due
to a death in his family.
Discussion held on proposed resolution on Fire Fighter Service Award Program Plan
Regarding the wording that will be on the ballot, it was agreed that the wording on the
resolution will stay as is, the Board will add at a later time add additional wording, to the
proposition. Councilman Sanford-Requested to add what the cost will be if it is passed
and what the annual contributions will be and if the over the age 62 is passed it will bring
the incremental contribution to whatever it is to a total contribution of this amount. Board
agreed to work on the wording of the proposition next week.
RESOLUTION TO AMEND THE TOWN’S VOLUNTEER FIRE
FIGHTER SERVICE AWARD PROGRAM PLAN DOCUMENT
RESOLUTION NO.: 419, 2006
INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Queensbury Town Board previously adopted a Volunteer Fire
Fighter Service Awards Program, and
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WHEREAS, on September 14, 2004, Governor Pataki signed into law a bill
increasing the maximum Service Awards able to be paid to Volunteer Firefighters and
Volunteer Ambulance Workers, and
WHEREAS, in accordance with the Town of Queensbury’s Local Law No. 11 of
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1990 adopted on September 6, 1990, the Town’s current program provides for a
contribution for a participating volunteer of $400 per year, and
WHEREAS, under a defined contribution plan, under the new bill, the Service
Award Program contribution for a participating volunteer can now be increased to as
much as $700 per year, and
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WHEREAS, the Town Board has received requests from the Town’s Fire and
EMS Volunteers to increase the annual contribution, and
WHEREAS, to increase the annual contribution under an existing service award
program up to the maximum $700, the residents of the Town served by these
organizations must approve a proposition authorizing the increase in payments, by
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placement of such proposition on the ballot of the November 7, 2006 General Election
for the voters’ approval or disapproval, and
WHEREAS, the Town’s Service Award Plan currently provides that contributions
to the Plan on behalf of volunteers cease when such volunteers reach the age they can
receive the benefit (currently 62), and
WHEREAS, the Town Board feels that as long as these volunteers continue to
volunteer and meet the requirements for a contribution, that contributions should not
cease on the attainment of such age, and
WHEREAS, the Town Board wishes to amend portions of the Volunteer Fire
Fighter Service Award Program Plan Document, and
WHEREAS, such amendment is authorized, subject to a mandatory referendum,
pursuant to Article 11-A of the New York General Municipal Law, and
WHEREAS, estimated additional costs to the annual contribution from the existing
$400 under the current plan to $700 will be approximately $74,400, or the estimated
additional costs will increase if the Plan is amended by the approval of the Proposition for a
participating Volunteer to continue to receive contributions after attaining the age such
Volunteer is entitled to receive payment of his/her accrued service award (i.e., 62) will be
approximately $89,100,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts the following
changes to the Volunteer Fire Fighter Service Award Program Plan Document (the “Plan”),
subject to a mandatory referendum at the November 7, 2006 general election:
A.Section 2.00 of the Plan, entitled “Account Balance”, is amended to read as
follows:
The balance on any given date in the account established and maintained by
the Board for a Participant in accordance with the provisions of Article VII.
to which an annual contribution of $400 is credited as of the last day of each
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calendar year during which the Participant earns a Year of Service Credit for
the calendar year and to which program administration expenses not paid by
the Board and Investment Income are allocated also as of the last day of each
calendar year in accordance with the provisions of Section 9.04; provided,
however, the account balances of Participants who earn one or more Year of
Service Credit for Prior Service shall be credited with $400 contributions for
each such year of credit in accordance with the provisions of Section 7.03.
B. Section 3.03 of the Plan, entitled “Termination of Participation”, is amended to
read as follows:
A firefighter will cease to be a Participant in the Service Award Program as
of the date on which the firefighter or the firefighter’s designated beneficiary
is entitled to begin to receive payment of the firefighter’s Accrued Service
Award; provided, however, a firefighter who has not earned a Non-
forfeitable Right to his Accrued Service Award ceases to be a Participant on
the last day of the calendar year during which the firefighter ceased to be a
member of the Fire Department or at the end of the fifth consecutive year
during which an active non-vested Participant fails to earn at least 50 point in
any of the five years.
C. Article IV of the Plan, entitled “Service Award Payable upon Participant
Attainment of Entitlement Age”, is amended by adding the following new Section
4.05:
Section 4.05 Continuation of Participation Years of, and points for,
active firefighting service shall be credited for periods after a Participant
has reached the Entitlement Age and has received or is receiving a Service
Award.
D. Section 7.02 of the Plan, entitled “Time of Payment of Required Annual
Contribution; Crediting of Participant’s Account Balances With Contributions”, is
amended as follows:
(i) Subparagraph (a) of the first paragraph is amended to read as follows:
(a) $400 $700 for each Participant who earned a Year of Service
Credit during the calendar year;
(ii) The first sentence of the second paragraph is amended to read as
follows:
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On the last day of the Calendar Year, the Account Balance of a
Participant who earned a Year of Service Credit during the
calendar year shall be increased by $400 $700;.
E. Section 9.06 of the Plan, entitled “Conflict Between Local Law and Program
Document” is deleted in its entirety.
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk
and Town Counsel to prepare two propositions relating to this Resolution to be placed on
the November 7, 2006 election ballot for the voters’ approval or disapproval and the Town
Clerk, with the advice of Town Counsel, to prepare an abstract of the proposition, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves and authorizes a
proposition substantially in the form of the following proposition pertaining to the
increase in the annual service award contribution for the Town of Queensbury’s
Volunteer Fire and EMS workers:
INCREASE IN MAXIMUM SERVICE AWARD CONTRIBUTION
The Town of Queensbury proposes to increase the annual service
award contribution for a participating Fire and Emergency Medical
Service Volunteer from $400 per year to the maximum of $700 per
year, in accordance with the bill signed into law on September 4, 2004
by Governor George Pataki, to be effective prospectively as of
January 1 following the date the residents of the Town of Queensbury
approve the proposition to increase the annual service award
contribution.
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves a proposition substantially in
the form of the following proposition pertaining to the right of a participating Fire or
Emergency Medical Service Volunteer to continue to receive contributions after attaining
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the age such Volunteer is entitled to receive payment of his/her accrued service award
(i.e., 62):
CONTINUATION OF RIGHT TO RECEIVE CONTRIBUTION AFTER
AGE OF 62:
The Town of Queensbury proposes to permit a participating Fire or
Emergency Medical Services Volunteer to continue to receive
contributions under the Town’s Service Award Plan after such
volunteer attains the age such volunteer is entitled to receive payment
of his/her accrued service award (i.e., 62 under current plan) to be
effective prospectively as of January 1 following the date the residents
of the Town of Queensbury approve this proposition.
and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes
and directs the Queensbury Town Clerk to transmit a certified copy of this Town Board
Resolution along with the propositions and abstracts to the Warren County Board of
Elections or other appropriate officials so that the propositions will be placed on the
November 7, 2006 election ballot in all the voting locations in the Town of Queensbury.
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Duly adopted this 31 day of August, 2006, by the following vote:
AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec
NOES : None
ABSENT: Mr. Brewer
Councilman Boor-Requested permission to release a memo from Town Counsel
regarding the Sunnyside District to the President of the Lake Sunnyside Association.
Board agreed.
RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING
RESOLUTION NO. 420.2006
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INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS
ADOPTION
SECONDED
BY: Mr. John Strough
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its
Special Town Board Meeting.
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Duly adopted this 31. day of August, 2006 by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec
NOES: None
ABSENT: Mr. Brewer
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury