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435.2008 RESOLUTION APPROVING BAY RIDGE VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO SEEK TAX-EXEMPT FINANCING TO PAY FOR UNEXPECTED EXPENSES RELATED TO HEATING OIL SPILL RESOLUTION NO.: 435, 2008 INTRODUCED BY: Mr. Ronald Montesi 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 due to a serious heating oil spill into the basement of its Fire Station resulting in the contamination of the drywell system, the Fire Company has incurred thousands of dollars of unexpected expenses related to the spill, clean-up and other related costs in the approximate amount of $200,000, and WHEREAS, the Fire Company has arranged for a 10 year tax-exempt installment loan in an amount up to $200,000 with TD Banknorth to pay for such unexpected expenses until such time that the Fire Company may be reimbursed for such expenses by the parties causing such damages or by insurance carrier(s), with payments on the loan to be made from the Fire Company’s operating budget, such monies already included in the Fire Company’s approved 2008 budget and Agreement with the Town, and WHEREAS, such expenses relate directly to the reconstruction or improvement of the Fire Company’s Fire Station and/or the land where the Fire Station is located, and nd WHEREAS, on Monday, September 22, 2008, the Town Board held a public hearing as required under the Internal Revenue Code concerning the Fire Company’s proposal and debt incurrence and heard all interested persons, and WHEREAS, the Town Board realizes that the Fire Company had no choice but to arrange for the clean-up of and payment for the heating oil spill, and therefore the Town Board wishes to adopt a Resolution authorizing the incurrence of tax-exempt debt by the Fire Company, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Bay Ridge Volunteer Fire Company, Inc.’s proposed tax exempt financing to pay for unexpected expenses related to the serious heating oil spill into the basement of the Bay Ridge Fire Station, clean-up and other related costs in the approximate amount of $200,000, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the incurrence of approximately $200,000 in debt with TD Banknorth by the Bay Ridge Volunteer Fire Company, Inc., and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with TD Banknorth 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, 2 RESOLVED, that any funding the Fire Company recovers through its efforts to straighten out its insurance and litigation matters will all be applied against any loan that is granted to the Fire Company, 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. nd Duly adopted this 22 day of September, 2008 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough NOES : Mr. Stec, Mr. Brewer ABSENT: None 3