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102.2015 Approve Bay Ridge Engine Rescue Fire Apparatus Purchase-Proposed 2016-2020 Fire Agreement RESOLUTION APPROVING BAY RIDGE VOLUNTEER FIRE COMPANY, INC.'S PROPOSAL TO PURCHASE ENGINE RESCUE FIRE APPARATUS AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING/DEBT FOR SUCH PURCHASE AND PROPOSED 2016-2020 FIRE PROTECTION SERVICES AGREEMENT RESOLUTION NO.: 1029 2015 INTRODUCED BY: Mr.William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury and the Bay Ridge 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 Engine Rescue Fire Apparatus (Truck) to replace its KME Engine Rescue Fire Apparatus, as previously recommended by the 2009 Fire Study Report issued for the Town by MMA Consulting Group, Inc., for the approximate purchase price not to exceed $700,000, 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 sales of the Fire Company's replaced apparatus would be placed either: 1) against the principal of the new, proposed Truck; and/or 2) toward other Fire Company debt; and WHEREAS, once the new Truck is placed into service, the Fire Company will remove the replaced apparatus from service and sell it, and will sell it after all potential warranty/service issues are resolved with the new Truck, 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 1080 Bay Road in the Town of Queensbury, New York, and WHEREAS, the Fire Company plans on paying for the proposed, new Truck by approximately $700,000 maximum amount of tax-exempt financing (having a 10 year term) with The Adirondack Trust Company, and WHEREAS, Town Board approval of such proposed purchase is required by the Fire Company's Agreement with the Town, and such proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, and WHEREAS, the Fire Company's current Agreement with the Town will expire as of December 31St, 2015 and the Town Board and Fire Company have negotiated terms for a new 2016- 2020 fire protection services Agreement, and WHEREAS, on Monday, March 9th, 2015, the Town Board held a public hearing concerning the Fire Company's proposed purchase and tax-exempt financing as required by the Fire Company's Agreement with the Town and the Internal Revenue Code, and the proposed new 2016-2020 fire protection services Agreement 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 apparatus from the Fire Company's fleet and wishes 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, and the new 2016-2020 fire protection services Agreement, 2 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Bay Ridge Volunteer Fire Company, Inc.'s proposal to purchase a new Engine Rescue Fire Apparatus (Truck) to replace its KME Engine Rescue Fire Apparatus as set forth in the preambles of this Resolution for an amount not to exceed $700,000, 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, RESOLVED, that the Town Board further approves of the Fire Company's incurrence of approximately $700,000 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, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the Fire Company for the years 2016- 2020 substantially in the form presented at this meeting, and 3 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 9h day of March, 2015 by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES None ABSENT: Mr. Clements 4