LL 11 Firefighters Award Program vo
(Please Use this Form car Filing your Local Law with the Secretary of State)
Text or law should be given as amended.Do not include matter being
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cof .. . . .. ..Qppepsbury. . . . . . . .. . . . . . . :. . .umlql . . . .. . . . . . . . . . .. . . . . . .. . . . . . . . . . . . .
Local Law No. . . . .. . .il. . . . . . . . . . . .. . . of the year 19 9Q . . . . .. .
t A local law .,,t?ROVIDING FOR IMPLEMENTATIOA/OF.THE.TOW N.OF QUE ENS BURY
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VOLUNTEER, FIREFIGHTERS AWVlft WARD PROGRAM
Town Board
Be it enacted by the . , , , , , ,
. .. . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . of the
(Name of Lelislui%e Bodp)
Xof . . . .. . . . . .. . . . . . . . . . . .Queensbury
Wxx . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. .. as follows:
Ig
SECTION 1 : Title:
This Local Law shall be entitled, "A Local Law Providing for
Implementation of the Town of Queensbury Volunteer Firefighter
Service Award Program. "
SECTION 2: Legislative History and Purpose:
The purpose of this legislation is to provide a plan for the
• implementation of a Volunteer Firefighter Service Award Program as
authorized under the General Municipal Law of the State of New
York. The intent is to :
A) Describe the program to be implemented;
B) Establish procedures, terms, conditions and
requirements for the program, which procedures, terms, and
conditions shall be set forth, more specifically, in the Program
and Trust Document provided for hereunder; and
C) Clarify the procedure to be followed in implementing the
plan, including the necessary, mandatory referendum.
SECTION 3: Authority:
The authority for this Local Law is found under General
(if additional space is needed,please attach sheets of the same size as this and number each$
ll)
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Municipal Law Section 214-219(c ) and the Municipal Home Rule Law
Section 10 .
SECTION 4: Definitions :
A) Disability:
1 ) The term disability, as used hereunder, shall refer
to that condition which causes an active Volunteer
Firefighter to be unable to earn at least 50 points in
a year as a result of a disabling injury or ailment ,
which is expected to be permanent . A Volunteer
Firefighter shall be considered disabled in accordance
with this definition, if the Volunteer Firefighter
obtains and submits to the Town Board of the Town of
Queensbury, a Certified Physician' s Report and a
Certified Letter from a Fire Chief or other Officer of
the Fire Company with an equivalent ranking, which report
or letter shall specifically state therein that it is the
Physician' s opinion or the Fire Chief/Officer ' s opinion,
as the case may be, that the Volt:riteer Firefighter is
disabled to a point where he is unlikely to be able to
earn at least 50 points in a year as a result of a
disabling injury or ailment which is expected to be
permanent. The Volunteer Firefighter may also be
required, if established by Town Board rule or
regulation, to wait a certain time period before
qualifying for disability, which time period shall not
exceed one year.
.2) The Town Board may, from time to time, as it deems
necessary or appropriate, adopt further rules or
regulations which require certain additional information
or other facts that must be established for a showing of
disability and the matters that must be set forth or
addressed in the Physician' s Report or Fire
Chief/Officer ' s Report, as well as the form or format of
said report . No rule or regulation developed by the
Board, however, shall be any less strict than the
requirements hereof .
3) In the event that the Volunteer Firefighter
requesting disability or any other person with standing,
wishes to contest the opinion of the Fire Chief/Officer
concerning disability, said Volunteer Firefighter or
other person with standing shall serve written notice
upon the Town Clerk of the Town of Queensbury within 30
(2)
t-
days from the date the opinion is received by him or
received by the Town Board of the Town of Queensbury,
whichever date is later. The Town Clerk shall mail a
copy of said notice to the Fire Chief/Officer who made
the decision, as well as to the Town Supervisor of the
Town of Queensbury . The notice served by the Volunteer
Firefighter or other person with standing, shall be in
written form and signed . The Notice shall state the
particular aspects of the report that are being
contested, and the Town Board may, by rule or regulation,
require additional information or prescribe a particular
form for the appeal request , at a later date . Following
receipt of the notice by the Town Board, the Town
Supervisor and the Town Board, as well as the party
bringing the contest concerning the disability shall
follow the procedures and comply with the time
requirements set forth in Section 7, Administration of
Program, Paragraph (E) , Appeals .
B) Other Terms , Words , Phrases :
All other terms , words , and phrases used herein shall be
defined or. have such definitions as may be set forth in
Article 11 (A) of the General Municipal Law of the State of New
York, which Article authorizes the establishment of Service
Award Programs .
SECTION 5 : Establishment of the Town of Queensbury
Firefighter Service Award Program and Benefits Thereof:
A) Service Award Program Established:
The Town of Queensbury, subject to the terms, conditions ,
and provisions set forth herein and General Municipal Law
Article 11-A, establishes a Defined Contribution Service
Award Program to be known as "The Town of Queensbury
Volunteer Firefighter Service Award Program. "
B) Service Award Program Benefits :
The Service Award Program established hereunder shall
provide to eligible, participating, and qualified
Volunteer Firefighters a benefit as a result of definite
and determinable, annual contributions to the Program by
the Town of Queensbury, without reference to any income,
expense, gains, losses, or forfeitures of other
participants under the Program, each year under the terms
(3)
OF
and conditions set forth herein. As a result of
individual Firefighter and Fire Company/Corporation
participation in the Service Award Program established
hereunder and upon compliance of the terms and conditions
set forth herein, the Town of Queensbury shall make an
annual contribution, in trust, to this Program in the
amount of $ 400. 00 for each participating, qualified, and
eligible Volunteer Firefighter, which contributions and
income or gains thereon, shall be payable to the said
Volunteer Firefighter upon the occurrence or happening
of certain conditions set forth herein.
C) Program and Trust Document :
The benefits , terms , and conditions of the Service Award .
Program shall be established and set forth more
specifically in a Program and Trust Document,
specifically authorized hereby. The Program and Trust
Document shall include, and be consistent. with, the terms
and provisions of this Local Law and Article 11-A of the
General Municipal Law of the State of New York. The
Program and Trust Document will take effect once approved
by resolution of the Town Board, adopted by majority
vote, and executed by the Town Supervisor of the Town of
Queensbury. The Program and Trust Document may riot be
approved or executed until such time as the question of
whether to institute the Service Award Program provided
hereunder has been submitted to a mandatory referendum.
Until such document has been approved and executed as
provided for herein, no benefits will accrue under the
Service Award Program, or by virtue of this Local Law or
any other Town Board Resolution.
D) Program Revenue : How Raised:
Contributions required by the Town shall be payable by
raising revenue through a tax, in the appropriate amount ,
on all real property located and taxed for fire
protection services in the Town of Queensbury Fire
Protection District. Contributions , if any, required for
credit given to Volunteer Firefighters for previous
service, as provided for hereunder, may be made or
amortized over a period of time not to exceed ten ( 10)
years as may be determined by the Town Board.
SECTION 6: Requirements , Terms, and Conditions of the Town
of Queensbury Volunteer Firefighter Service Award Program:
------------
(4)
The Service Award Program offered by the Town of Queensbury
and The Program and Trust Document provided for herein, shall
include or be consistent with the following requirements , terms ,
and conditions .
A) Participation Optional :
1 ) Participation in a program by individual Volunteer
Firemen and Volunteer Fire Companies /Corporations shall
be limited to those Firemen and Organizations under
contract with the Town of Queensbury Fire Protection
District . Participation in the program by the individual
Volunteer Firemen and/or the Volunteer Fire
Companies/Corporations shall be optional , except that if
a Volunteer Fire Company desires to exercise the option
of not participating in a Program, the Company must
exercise this option within twenty (20) days following
the date of adoption of this Local Law by way of delivery
of a certified resolution of the Fire Company/Corporation
indicating that it does not desire to participate . The
said resolution shall be delivered tc the Town Supervisor
of the Town of Queensbury prior to the expiration of the
twenty (20) days provided for herein. In the event that
a Fire Company/Corporation exercises the option described
herein, and elects not to participate in the Service
Award Program at the commencement of this Local Law, or
any other new Company/Corporation created hereafter, may
elect to participate in the Program and the Town of
Queensbury shall allow participation in the Program, on
the condition that said Fire Company/Corporation, and/or
the members thereof, shall not qualify for and shall not
be provided with the right or option to apply for the
credit allowance for prior service provided for in
Section 6 , Paragraph (L) hereof .
2) No Fire Company/Corporation shall require as a
condition of Company membership, participation by
Volunteer Firemen in the Service Award Program
established hereunder. In the event a Fire
Company/Corporation elects not to participate in a
Service Award Program established hereunder, no Volunteer
Firefighter shall be entitled to establish eligibility
for the program or earn credit, or participate in the
Program through activities or work performed through or
under the jurisdiction of the non-participating Fire
Company/Corporation. Any Volunteer Firefighter or
(5)
Department which does not clesire to participate in a
Service Award Program shall be required to sign a waiver
of benefits in a form to be determined by the Town Board
of the Town of Queensbury by rule or regulation adopted
pursuant to the terms hereof .
B) Maximum Contribution:
The maximum number of years for which an active Volunteer
Firefighter may receive a contribution shall be 40 years .
C) Benefits Payable :
The benefit payable to a participating, Volunteer
Firefighter entitled to a benefit under the Service Award
Program shall be the resulting amount from a defined
contribution made by the Town of Queensbury less
necessary administrative costs , and shall include
interest and/or other earnings resulting from the
investment of the annual contribution. Benefits shall
be payable and commence when the participating Volunteer
Firefighter reaches entitlement age or dies or at the
time permanent and total disability is established.
D) Qualification for Contribution:
To qualify for or cause the Town of Queensbury to be
obligated to make the contribution provided for
hereunder, ( subject to the requirements , terms , and
conditions set forth herein) it shall be necessary for
the participating Volunteer Firefighter, to earn or
accumulate 50 points in any calendar year from activities
for work performed with, through, or under the
jurisdiction of a participating Fire Company/Corporation.
Points shall be granted, subject to the appeal rights set
forth herein under Section 7, in accordance with the
following table and it shall be a requirement that at
least 15 points of the total 50 points required to
qualify for the contribution be earned by participation
in Department responses :
( i ) Training courses - twenty-five points maximum.
(A) Courses under twenty hours duration - one point per hour,
with a maximum of five points .
(B) Courses of twenty to forty-five hours duration - one point
per hour for each hour over initial twenty hours , with a maximum
(6)
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of ten points .
(C) Courses over forty-five hours duration - fifteen points
per course.
( ii ) Drills - twenty points maximum. One point per drill (minimum
two hour drill ) .
( iii ) Sleep-in or stand-by - twenty points maximum.
(A) Sleep-in - one point each full night.
(B) Stand-by - one point each. A stand-by is defined as
line of duty activity of the Volunteer Fire Company, lasting for
four hours , not falling under one of the other categories .
( iv) Elected or appointed position (see definition) - twenty-five
points maximum.
(A) Completion of one year term in an elected or appointed
position.
(B) An active Volunteer Firefighter elected to serve as a
delegate to a firefighters ' convention shall also be eligible to
receive one point per meeting .
(v) Attendance at meetings - twenty points maximum.
Attendance at any official meetings of the Volunteer Fire
Company - one point per meeting.
(vi ) Participation in Department responses - fifteen points for
responding on the minimum number of calls, as outlined below:
(A) Total number of calls Volunteer
Fire *Company responds to annually
other than emergency rescue and
first aid squad calls (ambulance
calls) 0 to 500 500 1000 1500
to to and
1000 1500 up
Minimum number of calls Volun-
teer Firefighter must run
annually in order to receive
fifteen points credit 10% 7 . 5% 5% 2 . 5%
(B) Total number of calls
emergency rescue and first
aid squad (ambulance) 0 to 500 500 1000 1500
to to and
1000 1500 up
Minimum number of calls
Volunteer Firefighter
must run annually in order
to receive fifteen points
credit 10% 7 . 5% 5% 2 . 5%
r
(7)
c
(vii ) Miscellaneous activities - maximum fifteen points .
Participation in inspections and other activities covered by the
Volunteer Firefighters ' Benefit Law and not otherwise listed - one
point per activity.
E. Fire Company Obligations :
1 ) Participating Fire Company/Corporations are hereby
required to keep, maintain, and allow inspection by the
Town Supervisor or Town Board of the Town of Queensbury,
of certain records relating to recordation and
accumulation of points by Volunteer Firefighters
participating in the Program established hereunder . All
future contracts with the Volunteer Fire
Companies/Corporations , contracting with the Town of
Queensbury Fire Protection District, shall incorporate,
and if not incorporated, shall be deemed to incorporate
a provision that requires the records described and
defined herein to be kept . The records shall be provided
and certified to the Town Board of ti;e Town of Queensbury
at such times and in such forms as may be prescribed by
the Town Board of the Town of Queensbury, not later than
March 31st of each year or not later than 30 days after
a written request has been made for the same .
2) The records that are required to be kept by the
Company shall set forth the names of the participating
Volunteer Firefighters , the dates on which an activity
was performed, the nature of the activity, and the points
awarded for the activity and from time to time, such
other information as the Town Board of the Town of
Queensbury, by rule or regulation may require . Such
records stall be kept indefinitely, or until such time
as the Town Board of the Town of Queensbury may, by rule
or regulation, allow disposal of the same .
3) The participating Fire Company/Corporation shall post
in conspicuous places in each firehouse or other building
used for Fire Company/Corporation purposes , a list of the
points calculated by the Fire Company to have been earned
by each participating Firefighter. The place of posting
of said list of points earned, the time when such list
is posted, the length of time the points are to be
posted, the manner of posting and the criteria for
determination of points to be awarded may be established
(8)
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by the Town Board by rule or regulation. The posting of
the list of points accumulated as provided for herein,
shall be deemed a final determination of said points
earned by the Fire Company/Corporation and said posting
shall commence the time period in which an appeal , if
any, by the Volunteer Firefighter of the points awarded,
must be made .
F) Eligibility Requirements :
Volunteer Firefighters interested in participating in the
Service Award Program must meet all of the following
requirements :
1 ) Be at least 18 years of age;
2) Earn a minimum of 50 points as an active Volunteer
Firefighter in one 12 month period :
3) Serve for a period of 12 months as an active,
Volunteer Firefighter;
prior to becoming eligible to enroll into the Program.
Once admitted, the participating Volunteer Firefighter
must meet the Program requirements before being awarded
a contribution as set forth herein.
G) Entitlement Age :
Participating, eligible, qualified, active, Volunteer
Firefighters shall be entitled to a payment of benefits
upon reaching the entitlement age . Entitlement age shall
be the latter of age 62 or the Firefighter ' s age upon
earning one year of service credit after the effective
date of the Service Award Program.
H) Vesting:
A Volunteer Firefighter' s account balance is 100% vested
( i . e . , he owns it) , after he has earned the credit
necessary to cause the Town of Queensbury to be obligated
to make contributions to the program on his behalf for
five (5) years, attains the entitlement age, or dies, or
becomes disabled, whichever event occurs first .
I) Forfeiture of Benefits :
As of December 31st of the year a non-vested Volunteer
(9)
OF
Firefighter ceases to be a member of the Fire
Company/Corporation or at the end of the fifth
consecutive year during which an active, non-vested
Firefighter fails to earn at least 50 points , the
Volunteer Firefighter will have forfeited any benefits
that may have been earned under this Program.
J) Commencement of Benefit Payments :
Benefit payments will be made not later than 90 days
after the Town Board approves the annual list of the
Firefighters who earned fifty (50) or more points for the
calendar year in which the Firefighter reached
entitlement age, died, or was awarded a finding of
disability.
K) Form of Benefit Payment :
The benefit payment shall be paid by lump sum, or any
other actuarial equivalent form approved by the Town
Board of the Town of Queensbury by the rulemaking
authority provided herein to the said Town Board.
L) Credit for Prior Service :
1 ) The Program shall offer each participating,
qualified, eligible and active Volunteer Firefighter the
opportunity to be granted credit for up to five ( 5) prior
years of service . A participating Firefighter interested
in earning the credit must earn at least 50 points in one
calendar year after the plan becomes effective to obtain
credit for prior service . All Volunteer Firefighters age
62 or older must earn their 50 points in one calendar
year, before January 1 , 1992 . All other current
Volunteer Firefighters must earn 50 points in one
calendar year, before January 1 , 1995 . After the credit
is earned for one ( 1 ) year after the effective date of
the Program, each Firefighter may be awarded an
additional contribution for each of the 5 years
immediately prior to the implementation of the Program
during which he earned at least 50 points . In no event,
however, shall the Volunteer Firefighter be granted a
credit of more than five (5 ) years .
2 ) The Town Board of the Town of Queensbury, by rule or
regulation, shall establish the forms and information to
be provided concerning credit for prior year' s service,
(10)
and shall establish the manner in which the information
is to be provided, including any necessary
certifications .
3) Any participating Volunteer Firefighter contesting
the number of credits awarded shall be required to file
an appeal pursuant to Section 7 of this Local Law.
M) Death and Disability Benefits :
1 ) A qualified, eligible , participating, active
Volunteer Firefighter or a designated beneficiary
thereof, shall be entitled to a lump sum equal to the
Volunteer Firefighter ' s account balance as of the
December 31st following the date in which the Volunteer
Firefighter is considered disabled in accordance with the
terms and conditions hereof or following the date of
death . After payment of such benefit, the Volunteer
Firefighter or the beneficiary thereof will not be
allowed any further benefits and no further contributions
shall be made to the Program on behalf of said Volunteer
Firefighter . Any Volunteer Firefighter who receives
payment of disability benefits will be ineligible to re-
enter the Program at a later date .
2) The Town Board shall , by rule or regulation,
establish the manner in which a death or disability is
to be reported and the information to be provided,
including any necessary certifications .
N) Membership in Two or More Fire Companies/Corporations :
Transfer of Points :
A Volunteer Firefighter may only accumulate points and
participate in the Service Award Program at any given
time through a single Fire Company/Corporation in the
Town of Queensbury Fire Protection District, except that
accumulated points may be transferred from one Fire
Company/Corporation to another if the Volunteer
Firefighter changes full-time membership from one Company
to another Company.
0) Service Credit for Military Leave:
A participant whose Volunteer Fire Service is interrupted
by full-time, extended, obligatory, military service or
by single, voluntary enlistment not to exceed four (4)
(ll)
Ir
years in the Armed Forces of the United States, shall be
considered on military leave . During such period of
military leave, the participant shall receive active
volunteer service credit of 50 points for each year,
prorated for service of less than a year .
SECTION 7: Administration of Program:
The Service Award Program created hereunder shall be
administered and the Program and Trust Document shall provide for
administration consistent with the following:
A) Program Assets to be Held in Trust :
All Program assets shall be held in trust for the
exclusive purpose of providing benefits to participants
and their beneficiaries or for the purpose of defraying
the reasonable expenses of the operation and
administration of the Program. The Town of Queensbury
shall act as Trustee for the Program and the Town
Supervisor, as Chief Fiscal Officer shall be authorized,
in accordance with the terms and provisions hereof, to
make certain investments of the Program assets .
B) Program Funds :
1 ) The Town Supervisor, as Chief Fiscal Officer of the
Town of Queensbury, is hereby authorized to, pursuant to
General Municipal Law Section 11 , deposit or invest
moneys not required for immediate expenditure under this
Service Awards Program, in special time deposit accounts
in, or certificates of deposit issued by, a bank or trust
company located and authorized to do business in the
State of New York, provided however, that such time
deposit account or certificate of deposit shall be
payable within such time as the proceeds shall be needed
to meet expenditures for which such moneys were obtained
and provided further that such time deposit or
certificate of deposit be secured by a pledge of
obligations of the United States of America or any
obligation fully guaranteed or insured as to interest and
principal by the United States of America acting through
an agency, subdivision, department, or division thereof,
or obligations of the State of New York, or obligations
of any municipal corporation, school district, or
district corporation of the State of New York.
(12)
2) The Town Supervisor, as Chief Fiscal Officer of the Town
of Queensbury, is further authorized to invest in
obligations of the United States of America or in
obligations guaranteed by agencies of the United States
of America, where the payment of principal and interest
are guaranteed by the United States of America or in
obligations of the State of New York, subject to the
following conditions :
a) Such obligations shall be payable or redeemable
at the option of the owner , within such times as the
proceeds will be needed to meet expenditures for the
purposes for which moneyswere provided.
b) Such obligations , unless registered or inscribed
in the name of the municipal corporation or fire
district , shall be purchased through, delivered to,
and held in the custody of, a bank or trust company
in this State and shall be sold or presented for
redemption or payment only by such bank or trust
company or dealer in obligations upon receipt of
written instructions from the =aid Town Supervisor .
3 . The Town Supervisor is further aut prized, at such times
as he may deem appropriate, to turn over the physical
custody of safekeeping of evidences of the investments
made pursuant to this clause and Section 11 of the
General Municipal Law to :
a) Any bank or trust company incorporated in this
State, or
b) Any national bank located in this State, or
c ) Any private bankers duly authorized by the
Superintendent of Banks of this State to engage in
business here . All such private bankers shall , as
private bankers , maintain a permanent capital of not
less than 81 million in this State .
The Town Supervisor may direct such bank, trust company,
or private banker to register and hold any such evidences
of investments in its custody in the name of its nominee .
The Town Supervisor may deposit or authorize such bank,
trust company, or private banker to deposit or arrange
for the deposit of any such evidences of investments with
a Federal Reserve Bank to be credited to an account as
(13)
to which the ownership of, and other interested in, such
evidences of investments shall be transferred by entries
on the books of such Federal Reserve Bank without
physical delivery of any such evidences of investments .
The records of any such bank, trust company, or private
banker shall , at all times , the ownership of such
evidences of investments , and they shall , when held in
the possession of such bank, trust company, or private
bank , to be , at all times , kept separate from the assets
of such bank, tr„s+ company , or private banker . When any
such evidences of investments are so registered in the
name of a nominee , such bank, trust company, or private
banker shall be absolutely liable for any loss occasioned
by the acts cf such nominee with respect to such
evidences of in•:,estment .
C . Program Administration:
The Town Supervisor of the Town of �1.ieensbury is hereby
authorized to engage the services of a Program
Administrator for the purpose of de=ermining the annual
amount required to be contributed - D the Service Award
Program. The amount shall be based on the interest and
mortality tables or other appropriate assumptions and
methods selected by the actuary. The sums so determined
shall be appropriated annually by the Town of Queensbury .
The services of the Program Administrator provided for
in this section shall be retained by contract, subject
to the terms and amounts of which shall be subject to
approval by a majority vote of the Town Board of the Town
of Queensbury . The contract shall provide for the
Program Administrator to maintain the records for the
Program and otherwise administer the entire Program on
behalf of the Town of Queensbury. The contract shall
also inc1 ude a provision requiring the Program
Administrator to file a written report with the Town
Board of the Town of Queensbury on a yearly basis . The
cost of administration, including the cost of the Program
Administrator and contract therewith, shall be paid for
from the contributions made by the Town of Queensbury to
the Service Award Program. Notwithstanding anything to
the contrary herein, the Town Board of the Town of
Queensbury shall continue to have the right to modify the
Program administration, such that administration is
accomplished in house by employees of the Town of
Queensbury. In that case, the services of an actuary
will be retained only for the purposes , if any, required
(14)
by Article 11-A of the General Mynicipal Law of the State
of New York.
D) Payment of Benefits :
Payment of benefits shall be made by the Town of
Queensbury as follows : The participating Fire
Company/Corporation shall submit, when requested, such
forms or information concerning the accumulation of
points as may be requested by the Town Board or Town
Supervisor from time to time . An annual listing of the
points accu:nuiated by the participating Volunteer
Firefighters shall be certified by the Town Supervisor ,
who shall then turn over such information to the Program
Administrator . The Program Administrator shall then make
all arrangements and perform all calculations necessary
concerning the amounts to be paid, if any, to any
participating Volunteer Firefighter. The aforesaid
Program Administrator shall also be responsible for
verifying the amount to be paid to a.:y individual and the
reasons why the amounts should be raid. Following the
receipt of the aforesaid verifica--ion, the Town Board
shall determine , by Town Board resolution adopted by
majority vote , whether payment shall be made , and if it
is determined that payment shall be made, the said
resolution shall also direct the Town Supervisor to
provide for such payment .
E) Appeals :
1) In the event that any participating, Volunteer
Firefighter contests the number of points awarded to him
for active service or for prior year ' s service, said
Volunteer Firefighter shall serve written notice upon the
Town Clerk of the Town of Queensbury within 30 days after
the time the list of points is first posted by the Fire
Company/Corporation as provided by this Local Law. The
Town Clerk shall mail a copy of said notice upon the Fire
Company/Corporation which has awarded the points and upon
the Town Supervisor of the Town of Queensbury. The
notice served by the Volunteer Firefighter shall be in
written form and signed by the Volunteer Firefighter
contesting the award. The Notice shall state the number
of points , credits , and/or years of service awarded, and
the number of points , credits , and/or years of service
awarded the Volunteer Firefighter feels he is entitled
to . The Town Board may, by rule or regulation, require
(15)
additional information and prescribe a particular form
for the appeal request .
2) Within 20 days following receipt of the aforesaid
written notice, the Town Supervisor shall establish a
date on which a hearing before the Town Board of the Town
of Queensbury shall be held concerning the credit awarded
for the points , credits , and/or years of service awarded .
In the event that the Town Board fails or is not able to
meet at the time designated by the Town Supervisor, the
Town Supervisor shall establish another date or dates in
accordance with the procedures hereof.
3) Notice of the hearing shall be sent to the Volunteer
Firefighter by certified mail , return receipt requested,
and the hearing shall be scheduled to occur not earlier
than ten ( 10) days nor later than twenty (20) days
following the date the said notice is mailed. A like
notice gill also be mailed to the Fire
Company/Corporation which awarded :he points , credits ,
and/or years of service in contest .
4) At the hearing, the Town Board of the Town of
Queensbury shall afford the Volunteer Firefighter
contesting the award an opportunity to be heard, as well
as the Fire Company/Corporation. Both parties may
present any evidence they feel supports their position.
5) Following the hearing, the Town Board of the Town of
Queensbury shall make a decision as to the number of
points, credits , and/or years of service that should be
awarded the Volunteer Firefighter . The Town Board' s
decision shall be based upon the preponderance of the
credible evidence, and be calculated so as to award
substantial justice .
6) In the event that either the Volunteer Firefighter
or the Company, or any other individual or entity with
standing wishes to contest the decision of the Town
Board, the same shall be so contested by the filing of
an Article 78 Request for Judicial Review. Such an
action shall be commenced within 30 days of the date of
the Town Board decision, and failure to commence said
action within the time provided shall be deemed a waiver
of the right to so contest the decision of the Town
Board.
(16)
SECTION 8: Town Board Rulemaking Authority_
The Town Board of the Town of Queensbury is hereby authorized
to make any additional rules or regulations that may be necessary,
from time to time, as provided for herein, or as may be necessary
to administer the Service Award Program. Rules and regulations
shall be adopted by the Town Board of the Town of Queensbury by
resolution following a public hearing on said regulations . At any
time the Town Board desires to adopt rules and regulations
concerning the Service Award Program, the said Town Board shall
cause to be published and posted, a notice , at least ten ( 10) days
prior to the date of the public hearing. The notice shall be
published in the official newspaper for the Town and posted on the
Town Clerk ' s sign maintained in accordance with the Town Law of the
State of New York. All rules and regulations must be adopted by
the affirmative vote of a majority of Town Board members in order
to be effective .
SECTION 9: Effective Date of Program: i
The Service Awards Program provided for =:erein, if authorized
as a result of a mandatory referendum, shall be effective January
1 , 1990 .
SECTION 10: Conflicting Laws/Severability:
In the event that there is any conflict between this Local Law
and Article 11-A of the General Municipal Law, the authorizing
State Legislation, the terms and provisions with the exception of
the definition of disability of the General Municipal Law Article
11-A shall be controlling. In the event that any term or provision
of this Local Law shall be deemed unlawful or null and void by a
court of law, the remaining paragraph section or part of a law in
which said unlawful term or provision appears , shall , to the extent
possible, be enforced and read as if the unlawful term or provision
were not a part thereof.
SECTION 11 : Trust Provisions/Representations Concerning
Taxable Status:
The Town Board of the Town of Queensbury, by this Local Law
and by any other actions by the Town Board of the Town of
Queensbury in adopting this Local Law, do not intend to make any
representations as to whether this Service Award Program and the
related trust are or are not tax-qualified within the meaning of
Sections 401 and 501 of the Internal Revenue Code of 1954, or any
provision of the Internal Revenue Code of 1986. The Town Board of
07)
the Town of Queensbury, however, is authorized to provide by rule
or regulation, any rule or regulation that may be deemed necessary
or appropriate to cause the trust to contain such terms and
provisions as may be necessary to insure that participation by
active, Volunteer Firefighters in the Service Award Program does
not result in taxable income to such Volunteer Firefighter under
any provision of the Internal Revenue Code of 1986 .
SECTION 12: Procedures - for Implementation of the Service
Award Program; Mandatory Referendum:
A) Required Town Board Adoption:
In the event that this Local Law is adopted by
affirmative vote of at least 60% of the Town Board of the
Town of Queensbury, there shall be a mandatory referendum
of the eligible voters within the Town of Queensbury Fire
Protection District on whether the Town Board of the Town
of Queensbury shall establish a Service Award Program,
as the same is set forth herein, for Volunteer
Firefighters of the Town of Queensbury Fire Protection
District .
B) Referendum Statement :
The referendum described in the aforementioned section
shall state the type of Service Award Program selected,
the estimated annual cost of the Service Award Program,
including the estimated annual administration fee, the
projected, monthly award to be paid to eligible,
Volunteer Firefighters, and the estimated, annual cost
per participant.
C) Referendum Procedures :
The mandatory referendum provided for herein, shall be
conducted in accordance with Section 23 and other
applicable sections of the Municipal Home Rule Law of the
State of New York.
08)
t
s
(Complitte the certification In the paragraph which applies to the filing of this local law and strike out the matter
therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 4. .. .. . . of 1990 .,
of the:lam of . . . @ut;0901ii'Y. Was duly passed by the ,Town,Board , , ,
Town (Name of Legislative Body)
VA54K
on 19 .90 in accordance with the applicable provisions of law.
,2. (Passage by local legislative bode with approval or no disapproval by Elective Chief Executive Officer,'
or repassage after disapproval.)
1 hereby certify that the local law annexed hereto, designated as local law No. . . . .. .. .. of 19........
County
of the City of . . . . . . . . . . . . . . . .. was duly passed by the . . . .
Town (Name of Le{islati*e Body)
Village
not disapproved
on ............................. 19 ........ and was approved by the . . . . . . . . . . . . . .
repassed after disapproval Electi%e Chief Eucutke officers
and was deemed duly adopted on .................................. 19 ......... in accordance with tht; apF;i:able
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. . . . .. .. . of 19 ........ t
County
of the city ofof . . . . . . . . . . . . . . . . was duly passed by the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Village INamcof LeEislati�eBod�l
not disapproved
on ............................. 19 ........ and was approved by the . . . . . . . . . . . . . ... . . . . . . . . . . . . .
repassed after disapproval Electi%c Chief Eaecutke Officer•
on .................................. 19 ......,... Such local law was submitted to the people by reason of a
mandatory permissive referendum, and received the affirmative vote of a majority of the qualified electors.'voting
general
thereon at the special election held on ....................:........19 ......... in accordance with the applicable
annual
provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition tiled requesting referendum.)
1 hereby certify that the local law annexed hereto, designated as local law No. . ....... of 19 ........
County
of the City of . . . . . . . . . . . . . . . . was duly passed by the .......... . ... . . . ... . ... . ... ..
Town (Name of Legislative Body)
Village
not disapproved
on ............................. 19........ and was approved by the ..... . . . . . . .... .... . .... .. . .
repassed after disapproval Eleetive Chief Executive Officer•
on . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . ..Such local law was subject to a permissive referendum and
no valid petition requesting such referendum'was filed as of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . ..
in accordance with the applicable provisions of law.
t
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a countywide basis or,It
there be none,the chairman of the county legislative body.,the mayor of a city or village or the supervisor of a town where such
officer is vested with pore er to approve or veto local iavis or ordinances.
OW
S. ACity local law concerning Charter revision proposed by petition.)
1 hereby certify that the local law annexed hereto, designated as local law No. . . .. .. . . of 19 ........
of the City of .. . .. .. . ... . . . ..... . . . . . . . . . . . . . . having been submitted to referendum pursuant to the
provisions of 13736 of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such city voting thereon at the gene election held on . . . . . . . . . . . .
............ 19......... became operative.
6. (County local law concerning adoption of Charter.)
t 1 hereby certify that the local law annexed hereto,designated as local law No. . . . . . . . . of 19.........
of the County of . . . . . .. . . . . . .. . . . . . . .. State of New York, having been submitted to the Electors at the
General Election of November ... . . . . .. . ... 19....... pursuant to subdivisions S and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(1f any other authorized form of final adoption has been followed, please provide an appropriate certifica-
tion.)
I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom ani of the whole of such original'local law, and was
finally adopted in the manner indicated in paragraph .............above.
Clerk of the Count)le/islati%c bodl,4Gft. Town ocVilla p@i:lerl,or
officer designned by local ielisiati%e bode �
Date: September 7, 1990
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ..Warren............................
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
• Si�natwe '
Town Attorney t
.. . . .... .. ................ .. ........... .... .. . . ... .
Title
X
Date: September 7, 1990 "XIFof .Queensbury. . . . . ....... . .. . . . . . .
(20)
1
TOWN OF QUEENSBURY
531 BAY ROAD,QUEENSBURY, N.Y. 12804-9725 (518)745-4400
January 25, 1996
State of New York
Office of the State Comptroller
Division of Municipal Affairs
Gov. A. E. Smith State Office Building
Albany, New York 12236
Attention Ms . Sandra Rose
RE: Volunteer Ambulance Service Award Program
Our File No. : 89-210-TQ
Ladies Gentlemen:
Annexed hereto please find an original and one copy of the
Notice of Adoption of Ambulance Service Award Program by the
sponsor, Town of Queensbury.
It is our understanding that upon receipt of this Notice of
Adoption, your office will notify the undersigned of the name,
address, and telephone number of the administrator. In addition,
it is our understanding that you will be sending to us, two copies
of a standard form of adoption agreement for the program.
Thank you for your attention to this matter.
Very truly yours,
FRED CH IPA E
TOWN SUPER ISOR
FC:pa
c: , arleen M. Dougher, Town Clerk
Paul B. Dusek, Town Attorney
Catherine E. Geoffroy, Town Comptroller
nyscomp-1/25/96
"HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE"
SETTLED 1763
k:\depts\attorney\pamela\misc\ambulanc-1/25/96
In the Matter of the Adoption of a
Service Award Program for Volunteer NOTICE OF ADOPTION
Ambulance Workers of the Town of
Queensbury.
FRED CHAMPAGNE, the Chief Executive Officer of the Town of
Queensbury, the sponsor of the Service Award Program for the
Volunteer Ambulance Workers of the Town of Queensbury, states as
follows :
1 . Upon information and belief, on the 20th day of
September, 1993, the Town Board of the Town of Queensbury, as the
governing board of the sponsor, approved and adopted a resolution
authorizing the establishment of a Service Award Program for
volunteer ambulance workers of the Town of Queensbury. The vote to
adopt the program was unanimous, all five board members voting for
the resolution, as shown on the certified copy of the same being
annexed hereto as Exhibit A.
2 . A copy of correspondence from Robert M. Allen,
Commissioner, Warren County Board of Elections, providing a copy of
the proposition, submission and certification of the vote on the
proposition is annexed hereto as Exhibit B. From a review of the
certificate of the vote, the vote was : 3,556 in favor, 1,541
against, 2,502 blank ballots, 0 void ballots, for a total of 7,599
ballots .
• 1
3 . Annexed hereto as Exhibit C, is an opinion of legal
counsel, required by 2 NYCRR 150, titled "Service Award Programs
for Volunteer Ambulance Workers . "
4 . The name, address, and telephone number of the Chief
Executive Officer of the Town of Queensbury as sponsor of the
Ambulance Service Awards Program, more particularly identified in
General Municipal Law Article 11-AA is :
Fred Champagne, Town Supervisor
TOWN OF QUEENSBURY
742 Bay Road
Queensbury, New York 12804
(518) 745-4409
5 . Each Ambulance Company have volunteer ambulance workers
who are participants or potential participants in the Program is as
follows :
BAY RIDGE RESCUE SQUAD, INC.
P. 0. Box 4745
Queensbury, New York 12804
(518) 743-9566
Attention Chris Granger, President
NORTH QUEENSBURY RESCUE SQUAD, INC.
P. 0. Box 272
Cleverdale, New York 12820
(518) 656-9525
Attention John Owens, President
WEST GLENS FALLS EMERGENCY SQUAD, INC.
105 Main Street
Queensbury, New York 12804
(518) 798-5011
Attention Ladette R. Cross, President
2
STATE OF NEW YORK )
SS. .
COUNTY OF WARREN )
FRED CHAMPAGNE, being duly sworn, deposes and says :
I am the Town Supervisor of the Town of Queensbury, the
sponsor of the Volunteer Service Ambulance Award Program identified
more specifically in Article 11-AA of the General Municipal Law,
and that this Notice of Adoption and contents thereof is true to
the knowledge of the Deponent, except as to those matters alleged
upon information and belief and that as to those matters, he
believes them to be true.
At the time that the Service Award Program was adopted, I was
not a member of the Governing Board, and therefore, this
Verification is based upon information and Town documents or
records furnished to me by the officials and officers of the Town.
FRED CHAMP GN
Sworn to before me this 25th
day of January, 1996 .
NOTARY PUBLI
PAMELA A.NIXITiN
%Wty Public,State of flew York
Warren Gowti V�
Mycomm. No-
- 2.7..
3
E X H I B I T A
RESOLUTION REGARDING THE ESTABLISHMENT OF A
SERVICE AWARD PROGRAM FOR VOLUNTEER AMBULANCE WORKERS
OF THE TOWN OF QUEENSBURY
RESOLUTION NO. 532, 93
INTRODUCED BY: Mr. Michel Brandt
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
WHEREAS, a proposal has been made to establish a Service Award
Program for volunteer ambulance workers of the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury
directs that there shall be a public referendum of eligible voters
within the Town of Queensbury to determine whether a Service Award
Program as provided for in Article 11-AA of the New York State
General Municipal Law for volunteer ambulance workers who are
members of any volunteer ambulance company contracting with the
Town of Queensbury to provide ambulance services to Town residents,
shall be established effective January 1, 1994 .
The type of program shall be a defined contribution plan as
defined in §219-c of Article 11-AA of the General Municipal Law.
For each qualified year of ambulance service not in excess of 40
years and including up to five consecutive years before 1994 but
after 1988, a contribution of $400 shall be credited to a
participating volunteer ambulance worker's Service Award Program
account balance. Investment income earned on the Service Award
Program trust fund assets plus interest owed on participant account
less necessary administrative costs shall be annually allocated to
each participant's Service Award Program account balance. The
participant 's Service Award Program account balance at any time
shall be the participant 's "Accrued Service Award" earned as of
that time. Pension-like and pre-entitlement age death and
disability benefits shall be provided to participants under the
Program. The pension-like benefit shall be a lump-sum payment at
age 62 , the "entitlement age, " equal to the participant 's Accrued
Service Award at the entitlement age. (No accrued service award
shall be paid to any person until after they earn credit for one
qualifying year of service after 1993 and meet all other payment
entitlement requirements of Article 11-AA) . The pre-entitlement
age death benefit shall be a lump-sum payable to a fully vested
participant's designated beneficiary equal to the participant 's
Accrued Service Award in accordance with General Municipal Law §11-
AA. A participant who is awarded benefit payments due to a total
and permanent disability by a competent authority (including the
Social Security Administration and the Worker's Compensation Board)
approved by the Town Board, shall qualify for pre-entitlement age
disability payments from the Service Award Program. The disability
benefit shall be a lump-sum payment equal to the participant 's
Accrued Service Award in accordance with General Municipal Law §11-
AA.
To obtain credit under the Service Award Program for service
before 1994 but after 1988, a volunteer ambulance worker must be a
member during 1994 of any volunteer ambulance company contracting
with the Town of Queensbury to provide ambulance services to Town
residents and must earn one year of qualifying ambulance service
credit before January 1, 1998 .
Unless they waive participation, all volunteer ambulance
workers at least 18 years old who are members of any volunteer
ambulance company contracting with the Town of Queensbury to
provide ambulance services to Town residents shall become a
participant in the Service Award Program on December 31 of the
calendar year after 1993, during which they first earn a year of
qualifying ambulance service credit.
A participant shall have a non-forfeitable right ( i.e. , an
ambulance worker "vests" ) after he or she has five years of
qualifying ambulance service.
A year of qualifying ambulance service credit shall be granted
to a participant for each calendar year after 1993 during which the
participant earns at least 50 "points" for participating in the
volunteer ambulance worker activities set forth by the Town Board
of the Town of Queensbury Volunteer Ambulance Worker Service Award
Program Point System as authorized by 5219-e of Article 11-AA of
the General Municipal Law. The Town Board may include within such
Point System additional non-discriminatory, uniform restrictions or
requirements for a volunteer ambulance worker to obtain a year of
qualifying service credit. The Point System must be set forth in
writing and copies of the written explanation of Point System must
be distributed to eligible volunteer ambulance workers . The Town
Board may amend the point system from time to time provided such
amendments are allowable under all applicable statutes, rules, and
regulations . In the event the Point System is amended by the Town
Board, a written explanation of the changes must be distributed to
eligible volunteer ambulance workers within 30 days of the date
such changes are adopted by the Town Board.
No credit shall be earned under this Volunteer Ambulance
Worker Service Award Program for service already credited to a
participant under any Volunteer Firefighter Service Award Program.
$400 shall be contributed to the account of any eligible
participant for each consecutive calendar year of Town of
Queensbury ambulance service before 1994 and after 1988 during
which the ambulance worker would have earned 50 or more points
under the point system had such point system been in effect then.
Under the General Municipal Law, the Town Board of the Town of
Queensbury is the Service Award Program "Sponsor" and the New York
State Comptroller, unless he or she selects an administrative
service agency, shall be the program "Administrator. "
The total 1994 annual cost to local taxpayers of funding the
Town of Queensbury Volunteer Ambulance Workers Service Award
Program benefits payable in 1995 and assuming the maximum possible
number of eligible volunteer ambulance workers shall become
eligible for the maximum years of service each could earn is
estimated to be $60, 000 or $600 per volunteer ambulance worker,
including the cost of administration. The estimated total annual
funding cost for current eligible volunteer ambulance workers is
estimated to be $60, 000 or $600 per volunteer ambulance worker, for
the first ten years of the program, and shall thereafter decrease
to $400 per volunteer ambulance worker when the cost of crediting
$400 with interest accruing thereon to volunteer ambulance worker
accounts for each year of qualified volunteer ambulance service
credit earned for service before 1994 and after 1988 shall be fully
paid.
Service Award Program pension, death and disability benefits
shall commence to participants after December 31, 1994 when they
and/or their beneficiaries qualify for payment.
All other provisions of the Service Award Program shall be in
accordance with Article 11-AA of the General Municipal Law as
amended from time to time, and
BE IT FURTHER
RESOLVED, that the Town Clerk working with the Town Attorney
is hereby authorized to draft a proposition for placing the
proposal to establish a Service Award Program consistent with the
terms and provisions of this resolution on the ballot for the
November Election and also sending it to the Board of Elections for
placement on the ballot.
Duly adopted this 20th day of September, 1993, by the
following vote:
AYES : Mr. Caimano, Mr. Tucker, Mrs . Monahan, Mrs . Goetz,
Mr. Brandt
NOES : None
ABSENT: None
i, Karen A.O'Brien,Deputy Town Clerk of the Town of Queensbury,Warren County,
New York,do hereby certify that 1 have compar a foregoi g with the
original resolution as listed above adapted at a gc"ICi(L— meeting
of the Town Board of the Town of held on tale day of
lg�a quote Vat pnt+ttat SW that the
same is a correct transtxipt U a h� and df>h.WWb**W#mod
to date.
IN WITNESS THEREAT. I have hemb and or hMd afd ft IM d ad Im
of QwwAbwy•*5=8 �Lnu 89�0
SEAL
smIL*11"
ft*Im 60
E X H I B I T B
WARREN COUNTY BOARD OF ELECTIONS
COUNTY MUNICIPAL CENTER
LAKE GEORGE,NEW YORK 12M
TeL(5 18)761-6456-6457
ROBERT M. ALLEN
LOIS A. MONTFORT
commiadonen
January 22, 1996
Paul B. Dusek, Esq. , Town Attorney
Town of Queensbury
742 Bay Road
Queensbury, N.Y. 12804
Dear Mr. Dusek,
Enclosed please find the "Text of Proposal " of the Service Award' Program
Referendum (Exhibit "A") , the "Form of Submission" (Exhibit "B") of the
Defined Contribution Service Award Program for Volunteer Ambulance Workers
conducted at the November 2, 1993 General Election and such results certified
by this office on Novemebr 17, 1993, as follows:
"YES" votes: 3,556
"NO" votes: 1,541
"BLANK" votes: 2,502
"VOID" votes: 0
"TOTAL" votes cast: 7,599
Very truly you S,
1
Robert M. Allen
Commissioner
TOWN OF QUEENSBURY:
EXHIBIT "A" SERVICE AWARD PROGRAM REFERENDUM
SHALL THE TOWN OF QUEENSBURY, PURSUANT TO ARTICLE 11—AA OF THE
GENERAL MUNICIPAL LAW OF THE STATE OF NEW YORK AND TOWN BOARD
RESOLUTION NO. 532, 93 (DATED SEPTEMBER 20, 1993) ESTABLISH AND
APPROPRIATE MONEYS FOR A DEFINED CONTRIBUTION PLAN SERVICE AWARD
PROGRAM FOR VOLUNTEER AMBULANCE WORKERS WHO ARE MEMBERS OF
AMBULANCE COMPANIES OR CORPORATIONS (COMMONLY KNOWN AS RESCUE
SQUADS) CONTRACTING WITH THE TOWN OF QUEENSBURY AND SERVING THE
TOWN OF QUEENSBURY (TOWN—WIDE) FIRE PROTECTION DISTRICT; WHERE
UNDER THE PROGRAM AN ANNUAL $400 CONTRIBUTION IS CREDITED TO A
PARTICIPATING AMBULANCE WORKER' S SERVICE AWARD PROGRAM ACCOUNT
BALANCE AT THE END OF EACH YEAR DURING WHICH SUCH VOLUNTEER EARNED
A YEAR OF SERVICE CREDIT FOR UP TO 40 YEARS AND INCLUDING UP TO
FIVE CONSECUTIVE YEARS OF VOLUNTEER AMBULANCE WORKER SERVICE BEFORE
1994 BUT AFTER 1988; AND WHERE SUCH PARTICIPANT'S ACCOUNT BALANCE
WITH INTEREST EARNED OR PAID THEREON LESS ADMINISTRATION EXPENSES
IS THE PARTICIPANT' S ACCRUED SERVICE AWARD; AND WHERE UNDER THE
PROGRAM PARTICIPANTS SHALL RECEIVE AT AGE 62 A LUMP—SUM PAYMENT
EQUAL TO THEIR ACCRUED SERVICE AWARD; AND WHERE SUCH ESTIMATED COST
IS TO BE $600 (INCLUSIVE OF CONTRIBUTIONS FOR PREVIOUS 5 YEARS
SERVICE) FOR THE FIRST TEN YEARS AND $400 PER YEAR THEREAFTER FOR
EACH AMBULANCE WORKER; AND WHERE THE ESTIMATED 1994 COST TO LOCAL
TAXPAYERS FOR THE PROGRAM IS TO BE $60, 000?
This is a photo-static copy of an original document on file in the offices of
the Warren County /Board of Elections.
Reber't P1. Al1`e , Commissioner
N
FORM OF SUBMISSION
EXHIBIT "B"
SHALL THE TOWN OF QBY ESTABLISH A DEFINED CONTRIBUTION SERVICE
AWARD PROGRAM FOR VOL AMBULANCE WORKERS OF AMBULANCE COS.
CONTRACTING WITH THE TOWN FIRE PROTECTION DISTRICT WHERE AN ANNUAL
$400 CONTRIBUTION IS CREDITED TO EACH PARTICIPATING WORKER EACH
YEAR (INCLUDING UP TO 5 CONSECUTIVE YEARS OF SERVICE BEFORE 1994) ;
AND WHERE SUCH PARTICIPANT'S ACCOUNT BALANCE WITH INTEREST EARNED
LESS ADMINISTRATION EXPENSES IS THE SERVICE AWARD; AND WHERE SUCH
ESTIMATED COST IS TO BE $600 FOR THE FIRST 10 YEARS AND $400 PER
YEAR THEREAFTER FOR EACH AMBULANCE WORKER; AND WHERE THE ESTIMATED
1994 COST IS $60,000?
This is a photo-static copy of an original document on file in the offices of
the Warren County Board of Elections.
Ro ert M. Allen, Commissioner
' H
PROPOSAL - VOLUNTEER
OFFICIAL TALLY OF THE VOTES CAST FOR AMBULANCE WORKERS
IN THE TOWN OF QUEENSBURY IN THE GENERAL ELECTION
HELD ON _ NOV. 2 , 1993 ,
AS CERTIFIED
NOV.17,1993
QUEENSBURY:
PROPOSAL :
VOLUNTEER
AMBULANCE n CD CD
WORKERS z dn
7C r
YES NO
WARD 1 , E. D. 1 191 83 94 0 368
E.D . 2 220 106 112 0 438
E. D. 3 207 86 140 0 433
E. D. 4 160 69 138 0 367
WARD 1 TOTAL 778 344 484 0 1606
WARD 2, E. D. 1 91 33 61 0 185
E. D. 2 284 107 112 0 503
E. D . 3 84 50 84 0 218'
E. D . 4 196 81 98 0 37
E. D . 5 155 53 145 0 35
WARD 2 TOTAL 810 324 500 0 163
WARD 3, E. D. 1 292 123 192 0 60
E. D, 2 268 123 174 0 56
E. D. 3 235 97 193 0 52
E. D . 4 133 64 87 0 284
WARD 3 TOTAL 928 407 646 1 0 163
WARD 4, E. D. 1 200 96 149 0 44 55
E. D. 2 124 41 123 0 28
E.D. 3 159 61 161 0 38
E. D. 4 177 76 177 0 43
E.D. 5 163 77 151 0 39
E. D. 6 2171 115 111 0 44
WARD 4 TOTAL. : 1040 466 872 0 237
TOWN TOTALS 3556 1541 2502 759
This is a photostatic copy of an original document on file in the offices of the
Warren County Board of Elections.
Rober M. Allen, Commissioner
E X H I B I T C
TOWN OF QUEENSBURY
531 BAY ROAD,QUEENSBURY, N.Y. 12804-9725 (518)745-4400
January 25, 1996
TOWN OF QUEENSBURY
742 Bay Road
Queensbury, New York 12804
Attention Town Supervisor and Town Board Members
Dear Mr. Supervisor and Town Board Members :
This is an opinion of counsel rendered in connection with the
Town of Queensbury' s adoption of the Service Award Program for
Volunteer Ambulance Workers in accordance with Article 11-aa of the
General Municipal Law of the State of New York. This opinion may
be relied upon by the administrator of the Service Award Programs
for Ambulance Workers, which administrator is defined in accordance
with current regulations of the State Comptroller set forth in 2
NYCRR 150 as the
" . . .State Comptroller, or if the Comptroller retains an
administrative service agency or financial organization
to perform the functions set forth in §150 . 10 of this
part, such administrative agency or financial
organization. "
Since on or about May 16, 1988, I have held the position as
Town Attorney for the Town of Queensbury and, to date, I have acted
as counsel to the Town of Queensbury as sponsor for the Service
Award Program for Volunteer Ambulance Workers, as the program is
described under Article 11-AA of the General Municipal Law of the
State of New York. '
I have examined such provisions of Article 11-AA of the
General Municipal Law, and other New York State statutes as may be
relevant, the resolution by the Town Board of the Town of
Queensbury, as governing board of the sponsor authorizing the
adoption of the Ambulance Service Award Program, proof of any
posting and publication of required notice, and the certificate
certifying the result of the vote on the proposition authorizing
the adoption of the Program.
Based on the foregoing, it is my opinion that, under existing
law, the Town of Queensbury, as sponsor of the Ambulance Service
Awards Program identified in Article 11-aa of the General Municipal
Law, has undertaken all actions and proceedings required by law to
adopt the Program.
In rendering the opinions expressed herein, I have assumed the
"HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE"
SETTLED 1763
page 2 of 2 January 25, 1996
Town Supervisor and Town Board Our File No. : 89-210-TQ
accuracy and truthfulness of all public records, documents, and -'
proceedings examined by me which have been executed or certified by
public officials acting within the scope of their official
capacities . I have not verified the accuracy or truthfulness
thereof, and have assumed the genuineness of the signatures
appearing upon such public records, documents, proceedings, and
other such certifications, except to the extent that I may have
personally witnessed the same.
Very urs,
PA SEK
TOWN ATT RNEY
PBD:pam
townboar - 1/25/96
NYS Department of State
Bureau of State 1Reco"rds
162 Washington Avenue
Albany, NY 1 223 1-0001
Darleen M. Dougher Town Clerk
Town of Queensbury
Town Office Building
531 Bay Road
Queensbury, NY 12804
-V21190_
1
Local Law(s)No. 11 thru 13
# Year 1990
Municipality Town of Queensbitry
Please be advised that the above-referenced material was received and filed by
this office on
Additional forms for filing local laws with this office will be forwarded upon
request.
NYS Department of State
Bureau of State Records
DOS-236(4,67)
UNITED StATES POSTAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your name,address and ZIP Code
In the space below.
• Complete items 1,2,3,and 4 on the ur0
reverse.
• Attach to front of article If space
permits. otherwise affix to back of
article. PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE, $300
Requested'.adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO
b
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TO"Space on the reverse side.Kailure to do this will prevent this card
from being returned to you.The return recei t fee will rovide ou ttte name of the erson delivered to and
the date of deliver . For additional fees the o owing services are avails on
t postmaster for tees
and check boxles or additional serviceW requested.
1. ❑ Show to whom delivered, date, and addressee's address. ;. 17 Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to: 4. Article Number
` Type of Service:
�M ❑r� Registered ❑ Insured
(� `\ [C-Certified ❑COD �p
``t �J a--� a�-a ❑ Express Mail ❑ Return Race-
t
fori.
Always obtain signature of addressee
_gent and DATE DELIVERED.
5. Signature —Ad ddressee's Address (ONLY if
X requested and fee paid)
6. Signature — Agent
X
7. Date of Delivery SEP 2
I PS Form 3811, Avr. 1989 *U.S.G.P.0.1989.23&815 DOMESTIC RETURN RECEIPT