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297.2011 BayRidge Rescue expan. and agreement RESOLUTION SETTING PUBLIC HEARING TO CONSIDER FINANCING FOR BAY RIDGE RESCUE SQUAD, INC.’S BUILDING EXPANSION AND 2012 – 2014 EMERGENCY AMBULANCE SERVICES AGREEMENT RESOLUTION NO.: 297, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town, and WHEREAS, the general emergency ambulance services Agreement (Agreement) currently in effect between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) will expire on December 31, 2011, and WHEREAS, the Town and the Squad have negotiated terms for a new three (3) year Agreement, and WHEREAS, the Agreement sets forth a number of terms and conditions, including a condition that the Squad 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 Squad to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS, the Squad has presented to the Town Board a proposal to construct an expansion of its building at 1109 Ridge Road for a principal amount not to exceed $428,971 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 Squad plans to negotiate with local banksto enter into a financing agreement for an amount not to exceed $428,971 for 20 years at a market rate expected to be approximately 1.98% for the first year and 2.98% for years 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 Squad 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 Squad and Town residents as required by the Internal Revenue Code to conduct a public hearing concerning the proposed expansion project, and WHEREAS, in accordance with Town Law §184, the Town Board also wishes to set a public hearing concerning the proposed 2012-2014 Agreement for emergency ambulance services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing on Monday, th October 17, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to consider approval of the financing of Bay Ridge Rescue Squad, Inc.’s, proposed building expansion at 1109 Ridge Road for a principal amount not to exceed $428,971 and the proposed 2012-2014 emergency ambulance services Agreement, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish a Notice 2 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 th York on Monday, October 17, 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 Bay Ridge Rescue Squad, Inc. in a principal amount not to exceed $428,971, the purpose of which is to finance a building expansion for the housing and administration of the equipment and activities of the Bay Ridge Rescue Squad, Inc., as related to its obligation under its emergency ambulance services agreement with the Town of Queensbury. The facility shall be owned, operated, and managed by the Bay Ridge Rescue Squad, Inc., and the location of the facility shall be at 1109 Ridge Road, Queensbury. And at such time the Town Board shall also hear all interested persons concerning the Squad’s proposed 2012-2014 emergency ambulance services Agreement with the cost of such services to be $192,435 for 2012, $204,135 for 2013 and $204,135 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 Squad's incurrence of financial obligations for the building 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 Squad for emergency ambulance services. th Duly adopted this 26 day of September, 2011, by the following vote: 3 AYES: Mr.Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES: None ABSENT: Mr. Montesi 4