269.2011 Qsby Central Fire Expansion & Fire Ag
RESOLUTION SETTING PUBLIC HEARING TO CONSIDER FINANCING
FOR QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC.’S
FIREHOUSE EXPANSION AND 2012 – 2014
FIRE PROTECTION SERVICE AGREEMENT
RESOLUTION NO.: 269, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire Company,
Inc. (Fire Company) previously contracted for fire protection services, and
WHEREAS, the Agreement for fire protection services 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 without prior
approval of the Queensbury Town Board, and
WHEREAS, the Fire Company has presented to the Town Board a proposal to construct an
expansion of its firehouse on Lafayette Street for a principal amount not to exceed $1,700,000 and
proposes to finance the expansion project through tax-exempt financing provided under §150(e) of the
Internal Revenue Code of 1986, as amended, and
WHEREAS, the Fire Company plans to negotiate with local banksto enter into a financing
agreement for the amount of $1,700,000 for 15-20 years at a market rate expected to be approximately
2.5% and this financing arrangement is intended to qualify as tax-exempt under §150(e) of the Internal
Revenue Code of 1986 as amended, if tax-exempt financing is available, and, if not, non tax-exempt
financing is estimated to be approximately 3.75%,and
WHEREAS, in accordance with §150(e)(3) and §147(f) of the Internal Revenue Code of
1986, as amended, the Fire Company has requested that the Town Board conduct a public hearing to
authorize approval of the financing and the Town Supervisor to execute approval of the financing to
comply with the statutory requirements, and
WHEREAS, the Town Board has determined that it is in the best interest of the Fire Company
and Town residents as required by the Internal Revenue Code to conduct a public hearing concerning
the proposed expansion project, and
WHEREAS, the Town and the Fire Company have also negotiated terms for a new three (3)
year Agreement for fire protection services, and
WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the
Town Board wishes to set a public hearing concerning the proposed 2012-2014 Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing on Monday,
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September 12, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to
consider approval of the financing of Queensbury Central Fire Company, Inc.’s, proposed firehouse
expansion on Lafayette Street for a principal amount not to exceed $1,700,000 and the proposed
2012-2014 fire protection services Agreement, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish a Notice
of Hearing in The Post-Star as required by statute at least fourteen (14) days before the hearing, and
BE IT FURTHER,
RESOLVED, that the notice shall be in substantially the following form:
"NOTICE IS HEREBY GIVEN that the Queensbury Town Board shall conduct a
public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New
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York on Monday, September 12, 2011 at 7:00 p.m. The public hearing, as required
by §150(e)(3) and §147(f) of the Internal Revenue Code, shall be for the purpose of
considering the adoption of a Resolution approving issuance of a tax-exempt bond by
the Queensbury Central Volunteer Fire Company, Inc. in a principal amount not to
exceed $1,700,000, the purpose of which is to finance a firehouse expansion for the
housing and administration of the equipment and activities of the Queensbury Central
Volunteer Fire Company, Inc., as related to its obligation under its fire protection
service agreement with the Town of Queensbury. The facility shall be owned,
operated, and managed by the Queensbury Central Volunteer Fire Company, Inc., and
the location of the facility shall be on Lafayette Street, Queensbury. And at such time
the Town Board shall also hear all interested persons concerning the Fire Company’s
proposed 2012-2014 fire protection services Agreement with the cost of such services
to be $743,000 for 2012, $743,000 for 2013 and $750,000 for 2014 per year."
and
BE IT FURTHER,
RESOLVED, that the Town Board will, after the public hearing, consider adoption of a
Resolution approving the Fire Company's incurrence of financial obligations for the firehouse
expansion, with the understanding that the Town of Queensbury shall not, by the adoption of any
Resolution, create or intend to create any assumption on the part of the Town of Queensbury of any
obligation or liability for such financing, other than that which may exist by virtue of the Agreement
entered into between the Town of Queensbury and the Fire Company for fire protection services.
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Duly adopted this 22 day of August, 2011, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT: Mr. Brewer
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