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1971-09-23 Regular Meeting September 23, 1971 Present: Gerald Solomon Supervisor Lloyd Demboski Councilman John D. Austin, Jr. Councilman Hammond Robertson, Jr. Councilman Councilman Harold Robillard was absent. Attorney Harold Katz was also present. The following visitors were greeted by the Supervisor after the meeting was opened at 8:10 P.M. : Mary Lou Quinn Kip Grant Mr. and Mrs. Wadsworth Florence Mcllvaine Ed Waters James Ogden Craig, Norma and Dan Sweet Carl Garb Richard Sawn Mr. and Mr. Earl Rempher Tom Flaherty Charles Ogden John Bowman Rayola Mindock Harwood Beaty The meeting was opened with a salute to the flag. The public hearing on the Mobile Home application of Craig Sweet was declared open at 8 :10 P.M. The application has the approval of the Building Inspector. Proof of advertising was presented by the Clerk. There was no one to speak for of against the application. The hearing was closed at 8 :12 P.M. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 191, introduced by Mr. Austin, who moved its adoption seconded by Mr. Demboski. WHEREAS, Craig Sweet of 35 MacDonald Street, Glens Falls , N.Y. has made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury entitled : ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK to locate a mobile home outside of a duly licensed mobile home court at property situated at Dawn Drive, Glens Falls, N.Y. and WHEREAS, this Town Board has conducted a public hearing in connection with said application and has heard all persons desiring to be heard in favor of or against said application, and WHEREAS, it is hereby determined that the facts presented in said application and at said public hearing are sufficient to authorize the issuance of the permit requested by said application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Craig Sweet to locate a mobile home at property situated at Dawn Drive, Glens Falls, N.Y, and that the Building Inspector is hereby authorized and directed to issue such permit in accordance with the terms and conditions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robertson ana Mr. Solomon. Noes : None. Next on the agenda was a bid opening for a Used Crawler Tractor for use at the Landfill. There was one bid received from Tripoli Sand and Gravel of West Fort Ann. The bid was for $23,000.00 and a Non-Collusion Certificate was attached.. The bid was turned over to Carl Garb for his consideration. i The police report for August was read by the Clerk. The application of Wilson Monroe to place a mobile home at Burch Road Glens Falls, N.Y. was brought before the Board. It was noted that the Building Inspector recommended disapproval.. RESOLUTION TO DISAPPROVE APPLICATION FOR PERMIT TO LOCATE MOBILE HOME IN THE TOWN OF QUEENSBURY. RESOLUTION NO. 192, introduced by Mr. Austin who moved its adoption, seconded by Mr. Robertson. WHEREAS, Wilson Monroe of Burch Road , Glens Falls, N.Y. has made application to this board for a permit to locate a mobile home at property situated at Burch Road, Glens Falls, N.Y. and WHEREAS, upon proper investigation it appears that the applicant has complied with all of the requirements of the Ordinance Regulations relating -to Mobile, Homes in the Town of Queensbury, therefore be it RESOLVED, that there was no hardship shown on the original application, therefore be it further RESOLVED, that the application of Wilson Monroe be and is hereby disapproved and that the Town Clerk is hereby directed to notify Wilson Monroe of the decision of this Board. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robertson and Mr. Solomon. Noes: None. The mobile home application of Foster Wadsworth was brought before the Board. Mr. Wadsworth made application for a one year permit to use while he is remodeling his house. RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION NO. 193, introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Austin. WHEREAS, Foster Wadsorth of Rhode Island Ave. Glens Falls, N.Y. has made application in accordance with paragraph. 2 (b) Section 4, of an ordinance of the Town of Queensbury entitled: ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home outside of a duly licensed mobile home court at property situated at Rhode Island Ave. , Glens Falls, New York and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to authorize the issuance of the permit requested by said application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, temporary permission is hereby given to Foster Wadsworth to locate a mobile home outside of a licensed mobile home court for a period of one year at property situated at Rhode Island Ave. Glens Falls, N.Y. and that the Building Inspector is hereby authorized and directed to issue such permit in accordance with the terms and conditions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robertson and Mr. Solomon. Noes: None. The mobile home application of Carolyn Lipps was tabled for a future meeting. The mobile home application of Earl Rempher was tabled pending clarification of the status of the road which is not now a town highway. The area is now called French Mountain Drive. The meeting was declared open to the public. Mrs. Ronnie Mellon stated there was a need for a speed limit sign on Nacy Road because the speeding trucks are a hazard to the children in the area. Mr. Solomon responded to the request of Mrs. Thomas Quinn and said that the town is about to take over the responsibilities once again of the old Aviation road and will take care of all the traffic problems. Aletter from Tom Flaherty was read by the Supervisor requesting that he be allowed to attend the Fall conference of the American Water Works Assoc. to be held Sept. 28 thru Oct. 1 at Lake Placid, New York. RESOLUTION TO AUTHORIZE ATTENDANCE AT CONFERENCE RESOLUTION NO. 194, introduced by Mr. Robertson who moved its adoption seconded by Mr. Austin. RESOLVED, that permission is hereby granted to Thomas Flaherty, Superintendent of the Queensbury Water District, to attend the Fall meeting of the American Water Works Assoc. .to be held Sept... :204 28th through 30th, 1971 at Lake Placid, New York and that the actual and necessary expenses incurred in such attendance is a proper town charge. Duly adopted by the following vote : Ayes : Mr. Demboski, Mr. Austin, Mr. Robertson and Mr. Solomon. Noes : None. A letter_ from the Department of Transportation to Fred Austin regarding the changing of speed limits on Country Club Road and West Mountain Road was read by the Clerk. The letter explained that the State at this time could not see a reason for lowering the limit. In mak'ng evaluations our values fell far below their requirements. Council�HAt Rlled it a distressing report. Mr. Austin and Mr. Solomontookstrong exceptions to the reasons for denial and agreed to begin some pilgrimages to Albany. Mr. Solomon stated that the sale of Pine View property to Regan and Denny Inc. had been completed. The price is to be $30,000.00 as authorized on July 8. The deed restrict the property to Funeral Home use. The proceeds will go as follows : $7500.00 into the Perpetual Care Fund and $7500.00 for improvements to Cemetery Roads. The remainder will be applied to the purchase of additional cemetery lands if suitable property can be found. RESOLUTION AUTHORIZING THE SALE OF CEMETERY LANDS TO REGAN AND DENNY INC. RESOLUTION NO. 195 , introduced by Mr. Austin who moved its adoption seconded by Mr. Demboski. WHEREAS, the Town Board adopted Resolution No. 151 on July 8 , 1971, subject to permissive referendum authorizing the sale to Regan and Denny Inc. of a parcel of land out of the Pine View Cemetery property owned by said Town of Queensbury for the price of $30,000.00, and WHEREAS, the Town Clerk caused a notice of the adoption of said resolution subject to permissive referendum to be given in the manner provided by the Town Law and no petition requesting a referendum on the said resolution was filed with the Town Clerk within thirty days _ after the adoption thereof, and said resolution became effective thirty days after its adoption, and WHEREAS, Regan and Denny, Inc. has advised the Supervisor of the Town of Queensbury that it is now ready to pay the agreed price or $30,000.00 upon delivery of a deed , be it RESOLVED, that the- Town of Queensbury convey to Regan and Denny, Inc. the parcel of property described in resolution No. 151 adopted on July 82 1971, and that Gerald B. Solomon, Supervisor be and he hereby is authorized and directed to execute on behalf of the Town of Queensbury a deed which shall convey said parcel of land to Regan and Denny, Inc. and to deliver such deed to Regan and Denny, Inc. upon receipt of the payment of the sum of $30,000.00 as the agreed purchase price thereof. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robertson and Mr. Solomon. Noes: None. Resolutions Nos. 196, 197, 198 and 199 , dealing with Capital Note for Huber Roller at a cost of$3500.00, Renewing Capital Note for Route 9 Pipe and Materials , Renewing Capital Note on the three Ford Trucks, and the issuing of a Capital Note to purchase the Used Crawler Tractor for $23,000.00 respectively are not available at this time but will be forthcoming from Attorney Harold Katz and will be founO on Pagej2k-7� ...J 9-/o--4 At tjiis point the Supervisor commended the Bay Ridge Fire Co. and the Highway Dept. for controlling the fire at the Landfill area. Upon the close of the meeting the Board will convene in closed session to discuss the upcoming budget. Mr. Solomon then announced that the Highway Dept, will be participating in the new Donovan Plan whereas the State will pay 25% of the cost of renovating old -town roads. Earmarked in the budget for the coming year for this plan was $27,000.00. 205 The plan requires the approval of the Warren County Highway Superintendent and the Board of Supervisors. RESOLUTION TO PARTICIPATE IN THE NEW DONOVAN PLAN AS REQUIRED BY SECTION 220, ARTICLE 8-A OF THE HIGHWAY LAW RESOLUTION NO. 200, introduced by Mr. Robertson who moved its adoption seconded by Mr: Austin. RESOLVED, that the plan prepared at the request of this Board for the improvement of town highways and covering all projects contemplated by it, pursuant to Article 8-A Highway Law, as filed in the office of the Town Clerk of the Town of Queensbury, County of Warren, on the 23rd day of September, 1971 be and the same is hereby adopted; and be it further RESOLVED that copies of such plan be filed in the appropriate State and County offices in accordance with the provisions of Section 220, Article 8-A Highway Law. Duly adopted by the following vote: Ayes: Mr.- Demboski, Mr. Austin, Mr. Robertson and Mr. Solomon. Noes: None. The Board also authorized advertisement for bids for three additional trucks for the Highway Department so that Mr. Garb can add three new snow plowing routes. RESOLUTION TO ADVERTISE FOR BIDS FOR THREE NEW TRUCKS WITH SNOW PLOWS RESOLUTION NO. 201, introduced by- Mr. Robertson who moved its adoption seconded by Mr. Austin. WHEREAS, Carl A. Garb, Superintendent of Highways of the Town of Queensbury has recommended to the Board that we purchase three new trucks with plows therefore be it RESOLVED, that the Town of Queensbury solicit sealed bids for the purchase of three trucks and that the following notice be published once in the official town newspapers in the following form: NOTICE TO BIDDERS T Notice is hereby given that the Town Board of the Town of Queensbury will receive proposals for three trucks with plows. A complete copy of the specifications will be mailable in the office of the Town Clerk. Bids will be received up to 5 :00 P.M. on the 7th day of October, 1971 at the Town Clerks office in the Queensbury Town Office Building, Bay and Haviland Roads, Glens Falls, New York. Bids must be submitted in sealed OPAQUE envelopes plainly marked Dump truck with plow bid and there shall be included in such bid the Certificate of Non-Collusion required by Section 103D of the General Municipal Law and the bidder must state the approximate date of delivery. The Town Board will meet at the Queensbury Town Office Building at 8:00 P.M. on the 7th day of October, 1971 at which time the bids will be opened and read aloud. . The Town Board reserves the right to reject any or all bids. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robertson and Mr. Solomon. Noes: None;; Councilman Demboski commented on the new town entrance sign installed on Route 9 above the city limits. As time and money permits the hope is to replace other metal signs with wood signs. Mr. Demboski also commemded -- the Beautification Committee for its work in designing the sign. Councilman suggested that a "QB" license plate would certainly be appropriate for residents of the Town of Queensbury and that he suggests the Town Board petition the County Clerk to "reserve "QB" if it was all possible. RESOLUTION TO PETITION THE COUNTY CLERK TO RESERVE "QB" AS A LICENSE PLATE DESIGNATION FOR RESIDENTS OF QUEENSBURY. RESOLUTION NO. 202 , introduced by Mr. Austin who moved its adoption seconded by Mr. Demboski. -206 WHEREAS, the State of New York is considering the issuance of new metal plates for automobile registration; now therefore be it RESOLVED, that the Queensbury Town Board hereby petitions the Warren County Clerk to ascertain the availability of the letter designation "QB" for registrants from the Town of Queensbury and Warren County. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robertson and Mr. Solomon. Noes : None. The board adjourned with a spontaneous demonstration of appreciation for Hammond Robertson Jr. who told the board that this will probably be his last official meeting. Mr. Robertson thanked the people and the board. He said it was both a privilege and an honor to have taken part in the affairs of the Town and he offered his continued advice and coop eration for as long as is necessary. Mr. Demboski stated that Mr. Robertson could expect a lot of long distance calls. Words of appreciation were also offered by Mr. Solomon, Mr. Austin, Mr._ John Bowman, Chairman of the Town Republican Committee, and Thomas Flaherty Water Superintendent. On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase Town Clerk RESOLUTION FOR THE ISSUANCE OF A CAPITAL NOTE TO FINANCE THE PURCHASE A HUBER ROLLER FOR THE HIGHWAY DEPARTMENT. RESOLUTION NO. 196 , introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. WHEREAS, the Town Board of the Town of Queensbury, New York, deems it necessary to purchase a Huber Roller for use by the Town Highway Department , and advertised for bids therefor, and -- WHEREAS, said bids were advertised for opened on May 13, 1971, and WHEREAS, the Town Highway Superintendent has recommended the purchase of such a machine from Gray Truck and Equipment Sales of Glens Falls , New York at a cost of $3,500.00, "said being the only bid received, and WHEREAS, there is no provision in the Town budget for the purchase of said machine from current funds and the same must be provided from the proceeds of obligations to be issued pursuant to the Local Finance Law, NOW, THEREFORE, BE IT RESOLVED; 1. The specific purpose or object for which obligations are to be issued pursuant to this resolution is to finance the cost of the purchase of a Huber roller machine. 2. The maximum cost of such machine is $3,500.00, and the -plan of financing such cost is as follows: $3,500.00 is to be provided by the issuance of a capital note in the amount of $3,500.00 pursuant to this resolution. 3. The following determinations are hereby made: (a) The period of probable usefulness of such machinery is five (5) years. (b) The subdivision of paragraph "a" of Section 11.00 of the Local Finance Law which is applicable in the circumstances is subdivision "28". (e) The proposed maturity of the obligations authorized by this resolution will not be in excess of five(5) years. 4. That the Town of Queensbury issue its capital note in the amount of $3 ,500.00 to finance such cost in accordance with the financial plan set forth above. Such note shall be dated approximately as of the date of the delivery of such machine and the power to fix and determine the exact date of such note is hereby delegated to the Supervisor. 5. Such capital note shall be numbered 1 and shall mature in the year 1972. The power to fix and determine the date upon which such note shall become due and payable is hereby delegated to the Supervisor. The note shall be issued in bearer form, shall not contain a power to convert to registered form, and shall bear interest at a rate not exceeding five per cent (5%) per annum payable annually. Such note shall be in 207 substantially the following form: United States of America State of New York County of Warren No. 1 Town of Queensbury $3,500.00 Capital Note of 1971 The Town of Queensbury in the County of Warren, a municipality of the State of New York, hereby acknowledges itself indebted and for the value received promises to pay to the bearer of this note the sum of $3,500.00 on the 23rd day of September, 1972 , together with interest thereon from the date hereof at the rate of three and three-quarters per centum (3.75%) per annum, payable annually. Both principal of and interest on this note will be paid in lawful money of the united States of America at the office of Glens Falls National Bank and Trust Company, Glens Falls, New York. This note may not be converted to registered form. This note is the only note of an authorized issue in the amount of $3,500.00. This note is issued pursuant to the provisions oa a resolution entitled "Capital Note Resolution" duly adopted by the Town Board of such Town of Queensbury on September 23 , 1971. The faith and credit of such Town of Queensbury are hereby irrevocably pledged for the punctual payment of the principal and interest on this note according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statues of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this note, exist, have happened and have been performed, and that this note, together with all other indebtedness of such Town of Queensbury, is within every debt and other limit pescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Queensbury, New York, has caused this note to be signed by its Supervisor, and its corporate seal to be hereunto affixed and attested by its Town Clerk and this note to be dated as of the 23rd day of September, 1971. (SEAL) Town of Queensbury, NewYork ATTEST: By. its Supervisor Town Clerk 6. The Supervisor is hereby delegated the power to prepare such note and to sell such note at private sale at not less than par and accrued interest, and at such sale to fix the interest rate to be borne by such note within the limitations set forth , in this resolution. The Supervisor shall deliver such note th the purchaser thereof only against cash or a certified check. The proceeds of the sale of the note shall be deposited in the Highway Department account. The powers delegated to the Supervisor by this resolution shall be exercised in conformity with the provisions of the Local Finance Law. 7. This resolution shall take effect immediately. Duly adopted by the following vote: AYES: Mr. Demboski, Mr. Austin, Mr. Robertson, Mr. Solomon. NOES: None. ABSENT: Mr. Robillard. RESOLUTION FOR THE RENEWAL OF CAPITAL NOTE TO FINANCE RELOCATION OF ROUTE 9 WATER LINES. RESOLUTION NO. 197 , introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robertson, WHEREAS, pursuant to Resolution No. 222 dated the 2.4th day of September, 1970, this Board authorized the Supervisor to issue a Capital Note in the amount of $20,000.00 to finance the cost of the relocation of water lines along Route 9 in said Town, and 20 WHEREAS, the Supervisor did issue a Capital Note in the foregoing amount which matured on the 24th day of September, 1970, and WHEREAS, this Board desires to pay $1, 000.00 of principal and the accrued interest on said note and to finance the balance of the princigldue by the renewal of said Capital Note in the amount of $19, 000.00 to mature the 24th day of September, 1972 , NOW, THEREFORE, BE IT RESLOVED: 1. The specific purpose or object for which such obligation is to be issued pursuant to this resolution is to finance the cost of relocating water lines along Route 9. 2. The folbwing determinations are hereby made: (a) The period of probablryusefulness of such improvements is forty (40) years. (b) The subdivision of paragraph "a" of Section 11.00 of the Local Finance Law which is applicable in the circumstances is subdivision "I". (c) The proposed maturity of the obligation authorized by this resolution wall not be in excess of one (1) year. 3. That the Town of Queensbury renew its capital note in the principal amount of $19,000.00 to finance such cost in accordance with the financial plan set forth above. Such note shall be dated approximately as of September 24, 1971, and the power to fix and determine the exact date of suchnote is hereby delegated to the Supervisor. 4. Such capital note shall be numbered 1 and shall mature in the year 1972. The power to fix and determine the date upon which such note shall become due and payable is hereby delegated to the Supervisor. The note shall be issued in bearer form, shall not contain a power to convert to registered form, and shall bear interest at a rate not exceeding three and three-quarters per cent (3.75%) per annum payable annually. Such note shall be in substantially the follo-4igg form, UNITED STATES OF AMERICA State of New York No. 1 County of Warren $191000.00 The Town of Queensbury, in the County of Warren, a municipality of the—� State of New York, hereby acknowledges itself indebted and for the value received promises to pay to the bearer of this note the sum of $19,000.00 on the 24th day of September, 1972 , together with interest thereon from the date hereof at the rate of three and three-quarters percent (3. 75%) per annum, payable annually. Both principal of and interest on this note will be paid in lawful money of the United States of America at the office of the Glens Falls National Bank and Trust Company, Glens Falls, New York. (c o osed ma f the obl ' ' jai- In reso exc year. 3. That t of Quee w i i incipal amount of $1. 000.0 nce such cost nce wit plan a ove. Such note shall be dated approximate y as of September 4, 19 This note may not be converted to registered form. _ This note is the only note of an authorizdd issue in the amount of $19,000.00. This note is issued pursuant to the provisions of a resolution entitled "Renewal Capital Note Resolution" duly adopted by the 'Town Board of such Town of Queensbury on the 23rd Day of September, 1971. The faith and credit of such Town of Queensbury are hereby irrevocably plegged for the punctual payment of the principal of and interest on this note according to its terms. ._.J It is hereby certified and recited that all conditions, acts and things required by the Constitution and statues of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this note, exist, have happened and have been performed , and that this note, together with all other indebtedness of such Town of Queensbury is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Queensbury, New York has caused this note to be signed by its Supervisor, and its corporate seal to be hereunto affixed and attested by its Town Clerk and this note to be dated as of the 23rd day of September, 1971. 209 TOWN SEAL TOWN OF QUEENSBURY, NEW YORK BY Attest: its Supervisor Town Clerk of the Town of Queensbury New York 5. The Supervisor is hereby delegated the power to prepare such note and to sell such note at private sale at not less than par and accrued interest, and at such sale to fix the interest rate to be borne by such note within the imitations set forth in this resolution. The Supervisor shall deliver such Dte to the purchaser thereof only against cash or a certified check. — The proceeds of sale of the note shall be deposited in the Water Department Fund account. The powers delegated to the Supervisor by this resolution shall be exercised in conformity with the provisions of the Local Finance Law. 6. This resolution shall take effect immediately. Duly.adopted by the following vote: AYES: Mr. Austin, Mr. Demboski, Mr. Robertson, Mr. Solomon. NOES; None. ABSENT: Mr. Robillard. RESOLUTION FOR THE RENEWAL OF A CAPITAL NOTE TO FINANCE THE PURCHASE OF THREE FORD TRUCKS FOR HIGHWAY PURPOSES. RESOLUTION NO. 198, introduced by Mr. Demboski who moved its adoption, seconded by Mr. Robertson. WHEREAS, pursuant to Resolution No. 187 dated July 23, 1970, this board authorized the the Supervisor to issue a Capital Note in the amount of $14,300.00 to finance the purchase of three (3) Ford Trucks for use by the Highway Dept. , and WHEREAS, the Supervisor did issue a Capital Note in the foregoing amount ad said note matured on July 23 , 1971, and WHEREAS, this board desires to pay the accrued interest and $7 ,150.00 of principal on said note and to finance the balance of principal due by the issuance of a renewal Capital Note in the amount of $7 ,150.00 to mature July 23 , 1972 , NOW, THEREFORE, BE IT RESOLVED : 1. The specific purpose of object for which said obligation is to be issued pursuant to this resolution is to finance the balance of the cost of the purchase of three (3) Ford trucks with hoists and plows. 2. The following determinations are hereby made : (a) A period of probable usefulness for such machinery is five years. (b) The subdivision of paragraph (a) of Section 11.00 ofthe Local Finance Law which is applicable in the circumstances is subdivision "28". (c) The proposed maturity of the obligations authorized by this resolution will not be in excess of five years. 3.. That the Town of Queensbury renew its capital note in the amount of $7,150.00 to finance such cost in accordance with the financial plan set forth above. Such note shall be dated approximately July 232 1971 and the power to fix and determine the exact date of such note is hereby delegated to the Supervisor. 1 . Such capital note shall be numbered 1, and shall mature one year from the ate thereof. The power to fix and determine the dates upon which such note -hall become due and payable is hereby delegated to the Supervisor. The note shall be issued in bearer form, shall not contain a power to convert to registered form, and shall bear interest at a rate not exceeding four per cent per annum payable annually. Such note shall be in substantially the following form. UNITED STATES OF AMERICA STATE OF NEW YORK No. 1 County of Warren $7,150.00 Town of Queensbury Renewal Capital Note of 1971 The Town of Queensbury, in the County of Warren, a municipality of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the bearer of this note the sum of $7 ,150.00 20 on the 23rd day of July, 1972 , together with interest thereon from the date hereof at the rate of 4 percent per annum, payable annually. Both principal of and interest on this note will be paid in lawful money of the United States of America at the office of Glens Falls National Bank and Trust Company, Glens Falls, New York. This note may not be converted to registered form. This note is one note of an authorized issue, the aggregate principal amount of which is $7,150.00. This note is issued pursuant to the provisions of a resolution entitled "Renewal Capital Note Resolution" duly adopted by the Town Board of such Town of Queensbury on September 23, 1971. _ The faith and credit of such Town of Queensbury are hereby irrevocably pledge, for the punctual payment of the principal and interest on this note according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and Statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this note, exist, have happened and have been performed , and that this note, togebher with all other indebtedness of such Town of Queensbury, is within- every debt and other limit prescribed by the Constitution and laws of- such state. IN WITNESS WHEREOF, the Town of Queensbury, New York , has caused this note to be signed by its Supervisor, and its corporate seal to be hereunto affixed and attested by its Town Clerk and this note to be dated as of the 23rd day of July, 1971. (Town Seal) Town of Queensbury, New York Attest. By, its Supervisor Town Clerk of the Town of Queensbury, New York 6. The Supervisor is hereby delegated the power to prepare such note and to sell such note at private sale notless than par and accrued interest, and at such sale to fix the interest rate to be borne by such note within the limitations set forth in this resolution. The Supervisor shall deliver such note to the purchaser thereof. The powers delegated to the Supervisor by this resolution shall be exercised in conformity with the provisions of the Local Finance Law. 7. This resolution shall take effect immediately. Duly adopted by the following vote. Ayes. Mr. Demboski, Mr. Robertson, Mr. Austin and Mr. Solomon. Noes. None. Absent. Mr. Robillard. CAPITAL NOTE RESOLUTION OF SEPTEMBER 23, 1971 AUTHORIZING ISSUANCE AND SALE OF CAPITAL NOTES OF TOWN OF QUEENSBURY, NEW YORK IN THE AMOUNT OF $23,000,00 FOR THE PURCHASE OFA USED DIESEL CRAWLER TRACTOR FOR USE AT THE TOWN SAXITARY LANDFILL. RESOLUTION NO. 199, introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robertson. RESOLVED, this 23rd day of September, 1971, by the Town Board of the Town of Queensbury, New York, as follows. Section 1. The purchase by the Town of Queensbury oa a 1968 model 250B International crawler tractor with front end loader is hereby authorized. For the purpose of providing funds to pay the cost thereof, a capital note of this Town in the amount of $23,000.00 to be of the terms, form and contents hereinafter specified shall be issued by the Town of Queensbury pursuant to the provisions of the Local Finance Law of the State of New York. Section 2. The maximum cost of the said 1968 model 250B International crawler tractor with front end loader, to provide funds for which the said capital note shall be issued , is estimated to be the said sum of $23,000.00 and the plan for financing such costs consists of the issuance and the sale of said note in the amount of $23,000.00. Section 3. It is hereby determined that the purpose for which such note is to be issued, to wit, the purchase of a 1968 model 250B International crawler tractor with front end loader, falls within sub-paragraph 28 of subdivision 211 (a) of Section 11.00 of the said Local Finance Law, and that the period of probable usefulness of such purpose is five years. Section 4. The proposed maturity of the capital note hereby authorized will not be in excess of five years. Section 5. The said note shall be dated September 26, 1971 -and shall be designated and known as "Capital Note of 1971 of the Town of Queensbury, New York". The said note shall bear interest at a rate not exceeding five per centum per annum payable at maturity, and the principal and interest thereof shall be payable in lawful money of the United States of America at the Glens Falls National Bank and Trust Co. , Glens Falls, New York as follows. The principal and interest from date shall mature and be payable in ill in a single installment on September 23, 1972. Section 6. Except as herein expressly provided, the said note shall be of 'Cne terms, form and contents as the Town Supervisor shall determine and execute, consistent, however, with the provisions of the Local Finance Law. Section 7. Said note shall be executed in the name of the Town of Queensbury by the Supervisor of said Town, and sealed with the corporate seal of the Town, and attested by the Town Clerk. Section 8. The said note shall be sold at one time as a single capital note issue at private sale by the Town Supervisor at a price of not less than par value of, and accrued interest if any, and .the proceeds of sale shall be applied solely for the purpose aforesaid. Section 9. Upon due execution and sale of said note, the same shall be delivered to the purchaser upon the payment by it of the purchase price in cash to the Town. Supervisor, and the receipt of such Supervisor shall be a full acquittance to said purchaser who shall not be obliged to see to the application of the ,purchase money. Section 10. The full faith and credit of the Town of Queensbury, New York, are hereby pledged to the punctual payment of the principal of and interest on said note. An amount sufficient to pay the principal of and interest on such capital note shall be included in the annual budget and levied as a part of the taxes for the fiscal year in which the same matures. Section 11. That, except as herein specifically prescribed, said note shall of the date, terms, form, contents and place of payment and at a rate of iterest not exceeding five per centum per annum, as may be determined by the Town Supervisor, consistent, however, with the provisions of the said Local Finance Law of the State of New York, , and shall be executed in the name of the said Town by its Supervisor and the seal of the Town shall be affixed thereon. Section 12. This resolution shall take effect immediately. Duly adopted this 23rd day of September, 1971 by the following vote, Ayes, Mr. Austin, Mr. Robertson, Mr. Demboski and Mr. Solomon, Noes, None. Absent , Mr. Robillard. A�