2017 YEAR END MEETING AND PUBLIC HEARING EMS TOWN BOARD LAKE LUZERNE DECEMBER 28, 2017

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1 1 SUPERVISOR MERLINO CALLED MEETING TO ORDER AT 7 PM WITH THE FOLLOWING MEMBERS PRESENT: COUNCILMAN CIRILLO, COUNCILMAN MCLAIN, COUNCILMAN WATERHOUSE. ALSO PRESENT: ATTORNEY FOR THE TOWN ROBERT REGAN. ABSENT: COUNCILMAN TRACKEY SUPERVISOR OPENED PUBLIC HEARING ON FUNDING FOR THE PROPOSED EMERGENCY AMBULANCE SERVICE BUILDING. TOWN CLERK ADVISED OF THE ADVERTISING ON DECEMBER 13 TH FOR THE HEARING IN THE POST STAR LEGAL NOTICES. THERE WAS NO PUBLIC COMMENT. RESOLUTION 147 OF 2017 RESOLVED UPON A MOTION BY COUNCILMAN MCLAIN, SECONDED BY COUNCILMAN WATERHOUSE TO PAY VOUCHERS OF ABSTRACT 13 AS FOLLOWS: GENERAL FUND TOTAL $23, HIGHWAY FUND , JOINT YOUTH SW1 WATER SW2 WATER RESOLUTION 148 OF RESOLVED UPON A MOTION BY COUNCILMAN MCLAIN, SECONDED BY COUNCILMAN CIRILLO: TO EXECUTE AGREEMENT WITH ROCK MAPLE RACING FOR WINTER EVENTS ON LAKE LUZERNE FEBRUARY 3, RESOLUTION 149 OF 2017 RESOLVED UPON A MOTION BY COUNCILMAN WATERHOUSE, SECONDED BY COUNCILMAN MCLAIN TO EXECUTE AGREEMENT WITH ROCKWELL FALLS AMBULANCE SERVICE INC. FOR EMERGENCY AMBULANCE SERVICES FROM JANUARY 1 TO DECEMBER 31, ROLL CALL VOTE: COUNCILMAN CIRILLO, AYE, COUNCILMAN MCLAIN, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE. RESOLUTION 150 OF 2017 RESOLVED UPON A MOTION BY COUNCILMAN CIRILLO, SECONDED BY COUNCILMAN WATERHOUSE: TO APPOINT JACK FAZIO TO ANOTHER FIVE YEAR TERM ON THE BOARD OF ASSESSMENT REVIEW. ROLL

2 2 CALL VOTE: COUNCILMAN CIRILLO, AYE, COUNCILMAN MCLAIN, AYE, RESOLUTION 151 OF RESOLVED UPON A MOTION BY COUNCILMAN WATERHOUSE, SECONDED BY COUNCILMAN MCLAIN TO SET THE ORGANIZATIONAL MEETING FOR JANUARY 2, 2018 AT 11:00 AM. ROLL CALL VOTE: COUNCILMAN CIRILLO, AYE, COUNCILMAN MCLAIN, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE. COUNCILMAN CIRILLO MENTIONED THAT HE HEARD NICE PUBLIC COMMENTS ON THE CHRISTMAS DECORATIONS IN THE PARK THIS YEAR. ATTORNEY REGAN - FOLK SCHOOL PROVIDED MINUTES AND OTHER DOCUMENTATION ALLOWING FOR RESOLUTION TO EXTEND LEASE AGREEMENT. RESOLUTION 152 OF 2017 RESOLVED UPON A MOTION BY COUNCILMAN MCLAIN, SECONDED BY COUNCILMAN WATERHOUSE, TO ACKNOWLEDGE A 3 YEAR EXTENSION OF LEASE AGREEMENT WITH THE ADIRONDACK FOLK SCHOOL AS FOLLOWS: WHEREAS, the Town of Lake Luzerne, as Lessor, entered into a lease agreement dated as of January 1, 2015 with Adirondack Folk School, Inc. as Lessee, regarding property located at 51 Main Street, Lake Luzerne, NY 12846; and WHEREAS, said lease agreement was for a period of three years, commencing January 1, 2015 and ending December 31, 2017; and WHEREAS, said lease agreement stated as follows: Provided that there is no actionable violation of the lease, the Lessee has the option to extend the lease for up to five (5) additional three (3) year terms ; and WHEREAS, the Town Board finds that there has been no such actionable violation of said lease; and WHEREAS, on December 14, 2017, the Board of Directors of the Adirondack Folk School, Inc. approved a resolution to extend said lease for an additional three-year term; and WHEREAS, the upcoming term of said lease shall commence January 1, 2018 and end December 31, NOW THEREFORE BE IT RESOLVED that the Town of Lake Luzerne acknowledges the renewal by Adirondack Folk School of said lease and will fulfill all responsibilities as Lessor according to its terms.

3 3 TOWN CLERK CORRESPONDENCE: LETTER OF APPRECIATION TO BARBARA MITCHELL REGARDING THE SPECIAL CARE AND ATTENTION PROVIDED AT THE SENIOR CENTER. LETTER FROM LIONS CLUB NOTING PICKING UP TRASH ON GLENS FALLS MOUNTAIN ROAD BY THE ORGANIZATION. SUPERVISOR REPORT: SURVEY IS READY TO SEND OUT TO RESIDENTS REGARDING INTEREST IN POSSIBLE SENIOR HOUSING PROJECT. THERE WAS NO PUBLIC COMMENT REGARDING THE EMS FUNDING. MOTION BY COUNCILMAN MCLAIN, SECONDED BY COUNCILMAN WATERHOUSE TO CLOSE PUBLIC HEARING ON EMS FUNDING. ALL IN FAVOR, AYE. RESOLUTION 153 OF 2017 APPROVING PROPOSAL BY ROCKWELL FALLS AMBULANCE SERVICE, INC. TO INCUR TAX-EXEMPT FINANCING/DEBT FOR CONSTRUCTION OF NEW EMS STATION WHEREAS, the Lake Luzerne Town Board entered into an Agreement with Rockwell Falls Ambulance Service, Inc. ( Rockwell Falls ), a not-for-profit corporation, for Rockwell Falls to provide basic life support (BLS) and advanced life support ambulance services (ALS) (together, Ambulance Services ) for the Town of Lake Luzerne Ambulance District (the District ), which includes all of the territory within the Town; and WHEREAS, Rockwell Falls has advised the Town Board that it wishes to construct a new EMS Station at an approximate cost of $375,000; and WHEREAS, Rockwell Falls has negotiated with The Adirondack Trust Company to enter into a financing agreement for the amount of $375,000 for 20.5 years at a fixed rate of 3.31% for five years and thereafter adjusting every year at the current tax exempt equivalent of The Adirondack Trust Company Base Lending Rate plus 0.25%, all as described in the commitment letter dated November 10, 2017; and WHEREAS, this financing arrangement is intended to qualify as tax exempt under Section 145 of the Internal Revenue Code of 1986 as amended; and WHEREAS, on December 28, 2017, the Town Board held a public hearing concerning Rockwell Falls proposal and debt incurrence as required by Section 147(f) of the Internal Revenue Code, and heard all interested persons; and

4 4 WHEREAS, the Town Board believes that the proposed new EMS Station will enhance the Ambulance Services provided to the District by Rockwell Falls; and WHEREAS, the Town Board therefore wishes to adopt a Resolution approving the incurrence by Rockwell Falls of tax-exempt debt, provided that the debt shall be a special obligation of Rockwell Falls and shall never be a debt of the Town or the District and neither the Town nor the District shall ever be liable thereon; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby determines that (i) the facility to be financed will be used to provide Ambulance Services, (ii) the maximum aggregate face amount of obligations to be issued with respect to the facility is $375,000, (iii) the initial owner, operator, or manager of the facility will be Rockwell Falls Ambulance Service, Inc., and (iv) the prospective location of the facility is 33 Lake Avenue, Lake Luzerne, New York. 2. The Town Board hereby determines that there will be a substantial public benefit from the financing because construction of the new EMS Station will enhance the Ambulance Services provided to the District by Rockwell Falls. 3. The Town Board hereby approves construction of the new EMS Service building as set forth in the preambles of this Resolution for the amount of approximately $375, The Town does not guarantee such debt with The Adirondack Trust Company on behalf of Rockwell Falls nor does the Town Board create or intend to create any assumption on the part of the Town of any obligation or liability for the financing. 5. For the purpose of satisfying the approval requirement of Section 147(f) of the Code, the Town Board hereby approves the incurrence of approximately $375,000 in tax exempt debt with The Adirondack Trust Company by Rockwell Falls and related acts to be taken by Rockwell Falls as part of the project, provided that the debt shall be a special obligation of Rockwell Falls and shall never be a debt of the Town or the District and neither the Town nor the District shall ever be liable thereon. This approval is given pursuant to Section 147(f) of the Code for the sole purpose of qualifying the interest payable on the debt for exclusion from gross income for Federal income tax purposes pursuant to the provisions of Sections 103 and of the Code. 6. The Town Board further authorizes and directs the Town Supervisor, Town Clerk and /or Town Counsel to take any action necessary to effectuate the intent of this Resolution. Duly adopted this 28TH day of DECEMBER, 2017 by the following vote: Councilman Cirillo, aye, Councilman McLain, aye, Councilman Waterhouse, aye, Supervisor Merlino, aye. AYES : 4 NOES: 0 ABSENT: 1

5 5 SUPERVISOR ADVISED THE SNOWMOBILE CLUB IS GROOMING TRAILS. AND THANKED EVERYONE FOR A GOOD YEAR. MEETING ADJOURNED UPON A MOTION BY COUNCILMAN MCLAIN SECONDED BY COUNCILMAN WATERHOUSE. RESPECTFULLY SUBMITTED, CYNTHIA SHERWOOD, TOWN CLERK