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LL 04 Fire Department Local Law FilingNEW TORK STATE- DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY, N7 12231 (Use this form to file a local law with the Secretary Of State.) Text of law should be giver as amended. Do not incic�_ Matter being eliminated and Rio not use italics or underlining to indicate new matter. Town of ..._QUEENSBURY . XV10XDX ` Local Law No. .......4.......................................... of the year 1995..... A local law •....TQ..AMEND...THE..CIID.E...OF..THE,..TOWN...O.E...QU.EENSHURY...CHAPTEB...15..TJiE.iE.QF.......ERTITLED, (Insert Title) "FIRE DEPARTMENT" Beit enacted by the ..........TOWN..BOARD........................................................................................................of the (Name of Legislative Body) xwwp )axj(X of ........QU.EENSBURY..................................................................................................................as follows: Town WNW SECTION 1 . Chapter 16 of the Code of the Town of Queensbury, Section 16-4, entitled "Definitions", is hereby amended to add the following definition: INVESTMENT AGENT - Refers to that person or entity that is hired or retained by the Town Board of the Town of Queensbury to: (a) Receive-and care for program funds, (b) collect and receive the dividends, interest, and income which may arise from the program funds as - they become payable and distribute them in accordance with any instructions furnished by the Town Board of the Town of Queensbury, (c) collect .the principal amount of any item of the program fund which becomes due while in the investment agent' s care and add it to the assets of the program funds, and (d) review at suitable intervals sales•, purchases and investments of the program funds which. the investment agent feels is appropriate, (e) keep records of all transactions involving the program funds it the possession of the investment agent and, within a reasonable time, provide reports of each transaction and, at least once a year, give a statement of all program funds held. SECTION 2 . 1_5 of the Code of cite Town of Queensbury, Section 16-5, entitled "Establishment of service award program; benefits" , paragraph C is hereby amended to read as follows : (If additional space is needed. attach pages the same size as this sheet, and number each.) (1) OCS•239 (Rev. 7/90) 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 which may be, from time to time, amended consistent with the terms of this Local Law and which is specifically authorized hereby. The program and trust document shall include and be consistent with the terms and provisions of this Article and Article 11-a of the General Municipal Law of the State of New York. The program and trust document and any subsequent revised 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 initial program and trust document may not 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 initial document has been approved and executed as provided for herein, no benefits will accrue under the service award program or by virtue of this Article or any other Town Board resolution. SECTION 3 . Chapter 16 of the Code of the Town of Queensbury, Section 16-7 is hereby amended to delete a portion of paragraph A and add language, to read as follows : 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 Board of the Town of Queensbury may establish and/or identify a. trustee or trustees by resolution or, in the absence of such resolution, the Town of Queensbury shall act as trustee for the program and ( 1) the said Town Board shall authorize and retain the services of an investment agent and execute an investment management agreement or (2) in the absence of the authorization provided for in paragraph ( 1) hereof, the Town Supervisor shall be authorized, in accordance with the terms and provisions hereof, to make certain investments of the program assets . (2) SECTION 4 . Chapter 16 of the Code of the Town of Queensbury, Section 16-7 is hereby amended to delete paragraph B. SECTION 5 . Chapter 16 of the Code of the Town of Queensbury, Section 16-7 is hereby amended to add a new paragraph B, to read as follows : B. Program funds . The management of the program funds shall be dependent upon the system elected or selected by the Town Board of the Town of Queensbury. ( 1) In the event that the Town Board of the Town of Queensbury shall establish or identify a trustee or trustees by resolution: (a) Every trustee and/or other fiduciary of the Service Award Program will be required to act solely in the interest of the program's participants and beneficiaries . Subject only to the provisions of the program document, a trustee and/or fiduciary may accept, hold, invest in and retain any investment if purchased or retained in the exercise of the degree of judgment and care, under the circumstances then prevailing, which persons of prudence and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to permanent disposition of their funds, considering the probable income to be derived therefrom, as well as the probable safety of their capital. In addition to the foregoing, the trustees and/or fiduciaries selected shall be held to the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and of like aim. (b) Prior to turning over any funds to the selected trustees, the said Town Board shall require a trust agreement which creates the trust, authorizes investments of trust funds consistent with the requirements set forth hereinabove, authorizes the powers of the trustee, provides for the facility of payment of benefits, fees, expenses and taxes, accounting, administration of the plan, agreed upon directed investments and the ability to change trustees at the election of the Town (3) Board of the Town of Queensbury and upon payment of the fee for services rendered with no future fees or penalties or other be assessed against the fund except that usually and customarily allowed and that which is allowed by operation of General Municipal Law Section 11-A and this Local Law. (c) Notwithstanding anything herein to the contrary, the Town Board shall, at all times, act consistent with the program and trust documents as to the directed investments and change of trustees . (2) In the event that the Town of Queensbury is trustee of the program funds and the Town Board of the Town of Queensbury authorizes and retains the services of an investment agent and executes an investment management agreement, the program funds shall be invested in accordance with said investment agreement. Any investment management agreement shall contain a provision requiring the investment agent to agree to be subject to the requirements set forth in paragraph ( 1) (a) , above, concerning the standard of care required when program funds are accepted, held, invested and/or retained. (3) In the -event that the Town of Queensbury is the trustee of program funds and the Town Supervisor is authorized in accordance herewith to make investments, the Town Supervisor of the Town of Queensbury is hereby authorized to: (a) pursuant to General Municipal Law §11, deposit or invest moneys not required for immediate expenditure under this service award 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 Lne 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 (4 ) of the State of New York or obligations of any municipal corporation, school district or district corporation of the State of New York. (b) 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 : (i) 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 moneys were provided. (ii) 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 said Town Supervisor. (c) At such times as he may deem appropriate, turn over the physical custody of safekeeping of evidences of the investments made pursuant to this section and §11 of the General Municipal Law to: i . Any bank or trust company incorporated in this state; ii Any national bank located in this state; or iii 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 one million dollars ($1,000,000 . ) in this state. (d) Direct such bank, trust company or private banker to register and hold any such evidences ( 5 ) 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 to which the ownership of, and other interests 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 show, 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 banker, be, at all times, kept separate from the assets of such bank, trust 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 of such nominee with respect to such evidences of investment. (4) To the extent not prohibited by General Municipal Law Article 11-A, this Local Law and/or the program and trust documents, the Town Board of the Town of Queensbury may, at any time, elect to proceed under either paragraph 1, 2 or 3 . SECTION 6 . Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. (6) (Complete the certification in the paragraph that applies to the filing of this local law.and strike out that which is not applicable.) I. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. a of 193 of the (a8tSiKl(A(MY1)(Town)(AXi hJ9) of QUEENSBURY was duly passed by the on FEBRUARY 6 19 9a in accordance with the applicable provisions of law. (Name of Legislative o y 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer'.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the Name of Legislative Body) on 19—, and was (approved)(not disapproved)(repassed after disapproval) by the and was deemed duly adopted on 19 eet�ve hie xeculive titer in accordance with the applicable provisions oNaw. 3. (Final adoption by referendum.) I hereby certify.that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) ,of was duly passed by the on 19 , and was (approved)(not disapproved)(repassed after Name of Legislative Body — disapproval) by the on 19 Such Iocal law was Elective Chief Executive Offieer submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 19_, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referudum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the Name of Legislative Body on 19_, and was (approved)(not disapproved)(repassed after disapproval) by the on 19 Such local law was subject to Elective Chief Executive Officer') permissive referendum and no valid petition requesting such referendum was filed as of 19 in accordance with the applicable provisions of law. 'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if 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 the power to approve or veto local lass or ordinances. (7) S. (City local law concerning Charter revision proposed by petition.) ' I 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 137 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 generall election held on ............ ............19.........became operative. 6. (County local law concerning adoption of Charter.) I 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. (If any other authorized form of final adoption has been followed,please provide an appropriate certifica- tion.) I further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph.1..........above. 16 Cietk of the County lelisiatirc body.City,Town or Villm4E9 Perk or officer desianalcd by local le{isladve body Date: FEBRUARY 7, 1995 .(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 enactme e o w eto. Sig ure ......TQWR.AT.TQRN.E ........................... Title Date: FEBRUARY 7, 1995o of ....AUEENSBURY•..•••.•••••••. xxnc� (8) Send to: GENERAL CODE PUBLISHERS CORP. 72 HINCHEY ROAD ROCHESTER, N.Y. 14624 TELEPHONE: 716/328-1810 or 800/836-8834 FAX: 716/328-8189 LEGISLATION INFORMATION AND HISTORY Complete and attach this form to each piece of legislation being submitted. Name of Municipality .....TQ.WN.QF.QUF.ENSQUR.Y............... Type of Legislation (ord., res., bylaw, local law): .j�QM.�,AW.... Number: ..4................ Short Title: ......"FIRE.DEPARTMENT Relationship to Code: Amends Chapter No. ......16....... Section Nos. .............. Repeals Chapter No. ................ Section Nos. ............... Adds Chapter No. ................ Section Nos. ............... If Code is unpublished, relationship to prior legislation Number ............. Section ............. Please fill in only the applicable information: (1) Date of final adoption of legislation ..2-0-95................ (2) Date of approval ...2-6-95.................... ............... (3) If your Charter provides veto power to the Mayor or Executive: Date of veto ...... ..... Date veto overriden ........... k,j Li z; . e.6Lo .gC cis, : a"Iiu,&lu y of pe:i-ni6aire :c_eren(lum ..... ............................................................... NOTE: A copy of this form may be made and placed with the Clerk's or Secretary's file copy of legislation at the time of intro- duction. The legislative history can then be compiled as the legis- lation passes through the required procedures. A copy of the form should be sent with the legislation to General Code Publishers Li- them to keep with your Code files, the original being retained as a record in the Clerk's or Secretary's files. RESOLUTION TO ENACT LOCAL LAW NUMBER 4, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 16 THEREOF, ENTITLED, "FIRE DEPARTMENT. " RESOLUTION NO. 82, 1995 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs . Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury Chapter 16 thereof, entitled, "Fire Department, " which Local Law would provide for, among other things, a definition of investment agent, the amendment of the previously authorized Fire Service Award Program and Trust Document, the appointment of a trustee or trustees for the fire service award (other than the Town of Queensbury) , the retention of the services of an investment agent and authorization for the Town Board of the Town of Queensbury to arrange for braoder permissible investments of service award funds by trustees thereof, subject generally to the prudent person standard and standards applicable to investments of similar types of funds, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and 1 i i WHEREAS, on February 6, 1995, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that since the action about to be undertaken is administrative in the nature of continuing administration, the same is determined to be Type II under SEQRA, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury, Chapter 16 thereof, entitled, "Fire Department, " to be known as Local Law Number 4, 1995, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. 2 Duly adopted this 6th day of February, 1995, by the following vote: AYES Mrs . Monahan, Mr. Turner, Mr. Caimano, Mrs . Pulver, Mr. Champagne NOES None ABSENT: None 3 NYS DEPARTMENT OF STATE BUREAU OF STATE RECORDS MUNICIPALITY 162 Washington Avenue Albany, NY 12231-0001 Town of QpPPn_,,hiiry LOCAL LAW(S) NO. YEAR FILING DATE DATE: 2/10/95 4 1995 2/9/95 Local Law Acknowledgment The above-referenced material was received _ and filed by this office as indicated. F DARLEEN M DOUGHER TOWN OF QUEENSBURY TOWN OFFICE BUILDING 742 BAY ROAD QUEENSBURY NY 12804 Additional local law filing forms will be forwarded upon request. DOS•236 (Rev. 6/90) 02/23/95 IY A w The following material has been received and will 'be processed for inclusion in your Code as supplemental pages (where applicable) : L.L. No. 4-95. 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