177.2019 Approving Amended Agreement - South Queensbury Vol Fire Co. - 2016-2020
RESOLUTION APPROVING FIRE PROTECTION SERVICE AMENDED
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH
QUEENSBURY VOLUNTEER FIRE COMPANY, INC. FOR 2016–2020
RESOLUTION NO.: 177, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay
Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central
Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer
Fire Co., Inc., in accordance with agreements between each Volunteer Fire Company and the Town,
and
WHEREAS, by Resolution No.: 40,2016, the Queensbury Town Board, on behalf of the Fire
Protection District, authorized a five (5) year Fire Protection Service Agreement between the Town
and the South Queensbury Volunteer Fire Co., Inc., (“Fire Company”) for 2016-2020 dated January 1,
2016 (the “Agreement”), and
WHEREAS, the budget in the Agreement included $180,428 each year which was only to be
used for debt service, and
WHEREAS, the Fire Company paid all its remaining outstanding debt in full in 2017 and
informed the Town Board of this, and
WHEREAS, the understanding of the parties was that such funds were to be used towards the
Fire Company’s firehouse building project, and
WHEREAS, the parties wish to clarify that their intention was that “debt service” in the
Agreement was to include payments toward the firehouse building project, and
WHEREAS, there is no change in the Town’s payments under such clarifications to the
Agreement, and
WHEREAS, a proposed Amended Agreement was prepared to set forth such clarifications and
is presented at this meeting, and
WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the
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Town Board conducted a public hearing on Monday, May 20, 2019 and heard all interested persons
concerning the proposed Amended Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District,
hereby approves the Fire Protection Service Amended Agreement between the Town and the South
Queensbury Volunteer Fire Co., Inc., for 2016-2020 to clarify that “Debt Service” was intended for
this Amended Agreement to include debt service and firehouse building project expenses, including
expenses associated with investigation, professional services, and other expenses associated with the
firehouse building project for years 2018, 2019 and 2020 (being the years after all outstanding debt was
paid in full so there would be no debt service), and
BE IT FURTHER,
RESOLVED, that all actions taken by the Fire Company and the Town with respect to the use
of “Debt Service” in the Agreement are hereby ratified and approved, and
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute
such Amended Agreement incorporating the clarifying changes in substantially the form presented at
this meeting and the Town Supervisor and/or Budget Officer to take such other and further action
necessary to effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the
provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk
to publish and post such notices and take such other actions as may be required by law.
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Duly adopted this 20 day of May, 2019, by the following vote:
AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden
NOES : None
ABSENT: None