Resolution to Set Public Hearing for Fire Company Agreement

The resolution invokes Village Law §4-412(9)(b) as the basis for requiring a public hearing before contracting with an incorporated fire company, and directs the Village Clerk to publish notice in the 'Village Newspaper.' However, the resolution does not specify the required advance notice period, the form or content of the notice, or the newspaper's qualification as the official Village paper of record. Village Law §4-412(9)(b) may prescribe specific notice timing and content requirements. Consider having counsel confirm that publication in the named newspaper, with whatever lead time exists between adoption (April 14) and the hearing (April 24 — approximately 10 days), satisfies the statutory notice mandate. If the statute requires a longer notice period, the hearing date may need to be adjusted.

While this resolution only schedules a public hearing rather than awarding the contract, it is worth flagging in advance that the eventual fire services agreement may implicate GML §103's competitive bidding requirements, or alternatively may qualify for an exemption applicable to agreements with volunteer fire companies. Trustees and counsel may wish to address this question during the public hearing stage so that the contracting path is clear before a final agreement is presented for adoption.

The RESOLVED clause directs the Village Clerk to 'publish notice in the Village Newspaper' but does not identify the newspaper by name, confirm its status as the designated official newspaper under Village Law §4-518, or state the number of days' advance notice to be given. With only approximately 10 days between adoption (April 14) and the hearing (April 24), the record should affirmatively show that publication can and will occur with sufficient lead time. A supplementary clerk's certification or board minute entry confirming timely publication would strengthen the procedural record.