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061.2010 South Qsby Purchase Truck RESOLUTION APPROVING SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE TRUCK AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING/DEBT FOR SUCH PURCHASE RESOLUTION NO.: 61, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the South 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 advised the Town Board that it wishes to purchase a new 2010 Engine Pumper Tanker (Truck) to replace a current piece of apparatus (E307), 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 $575,000, 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, proceeds from the sale of the Fire Company’s replaced apparatus would be applied to its highest rate debt, and WHEREAS, the Fire Company plans on paying for the proposed, new Truck by entering into an approximately $575,000 maximum amount of tax-exempt financing (having a 10 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 at 409 Dix Avenue in the Town of Queensbury, New York, and th WHEREAS, on Monday, January 11, 2010, 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 believes that this new Truck will provide additional safety protection for the Town while eliminating an aging piece of apparatus (E307) 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, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the South Queensbury Volunteer Fire Company, Inc.’s proposal to purchase a new 2010 Engine Pumper Tanker (Truck) to replace a current piece of apparatus (E307) as set forth in the preambles of this Resolution for an amount not to exceed $575,000, 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, 2 RESOLVED, that the Town Board further approves of the Fire Company’s incurrence of approximately $575,000 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. th Duly adopted this 11 day of January, 2010 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 3