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350.2009 RESOLUTION APPROVING NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE TRUCK AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING/DEBT FOR SUCH PURCHASE RESOLUTION NO.: 350, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury and the North Queensbury Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised the Town Board that it wishes to purchase a new 2010 Pierce Arrow XT Tanker/Pumper (Truck) to replace two (2) pieces of apparatus (1988 Ford Engine 326 and 1985 Ford Tanker 425) thereby resulting in a permanent reduction of the Fire Company’s fleet size, as recommended by the 2009 Fire Study Report issued for the Town by MMA Consulting Group, Inc., for the approximate purchase price not to exceed $657,348, such purchase already included in the Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, the Fire Company hopes to take advantage of pre-pay discounts which would lower the amount due and amount borrowed, and WHEREAS, once the new Truck is placed into service, the Fire Company will remove the 1988 Ford Engine 326 and 1985 Ford Tanker 425 from service and sell them, with proceeds from the sales of the Fire Company’s replaced apparatus to be placed either: 1) against the principal of the new, proposed Truck; 2) toward other Fire Company debt; and/or 3) into a Restricted Vehicle Fund, and WHEREAS, the Fire Company plans on paying for the proposed, new Truck as follows: 1.$200,000 down payment from the Fire Company’s 2009 Restricted Vehicle Fund; 2.$457,348 maximum amount of tax-exempt financing (having a six year term) with a financial institution; and WHEREAS, the Truck will be owned and used by the Fire Company to provide fire protection to the Town and maintained at its firehouse located on Route 9L in the Town of Queensbury, New York, th WHEREAS, on Monday, November 16, 2009, the Town Board held a public hearing concerning the Fire Company’s proposal and tax-exempt financing as required by the Fire Company’s Agreement with the Town and the Internal Revenue Code, and heard all interested persons, and WHEREAS, the Town Board determined that there will be a substantial public benefit from the issuance of such bond in that this new Truck will provide additional safety protection for the Town while eliminating two (2) aging trucks from the Fire Company’s fleet and desires to abide by the recommendations of MMA Consulting Group, Inc., and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Truck purchase and the Fire Company’s corresponding incurrence of tax-exempt debt, 2 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the North Queensbury Volunteer Fire Company, Inc.’s proposal to purchase a new 2010 Pierce Arrow XT Tanker/Pumper (Truck) to replace two (2) pieces of aging apparatus as set forth in the preambles of this Resolution for an amount not to exceed $657,348, such purchase already included in the Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Fire Company’s incurrence of approximately $457,348 maximum amount in debt for such purchase with the understanding that the Town Board is relying upon the Fire Company’s assurance that the Truck is serviceable and suitable for its long-term intended use, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Fire Company nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any action necessary to effectuate all terms of this Resolution. 3 th Duly adopted this 16 day of November, 2009 by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None 4