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1979-03-27 Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes: None Absent: None TOWN BOARD MEETING MARCH 27, 1979 Members Present: Michel Brandt-Supervisor Daniel Olson-Councilman Dr. Charles Eisenhart-Councilman -... Mrs. Frances Walter-Councilman Hammond Robertson-Councilman Joseph Brennan-Town Counsel Feels-G.F. Post Star Offieialet Mr. Bodenweiser, Mr. Flaherty GUESTS: Representatives from the various Fire Companies, Rev. Bird, the Pastor of Sanford Ridge Church, Mr. Pickett, Mr. Nolan,Members of the Church and Society Committee of the FirsEPresbyterian Church of Glens Falls , League of Women Voters Meeting Opened 7: 33 P.M. Salute to the Flag led by Councilman Walter PUBLIC HEAR COLONIAL CABLE T.V. PROPOSED RATE INCREASE-NOTICE SHOWN Opened 7: 34 P.M. Councilman Olson- disqualified himself from this hearing due to a conflict of interest. Robert Nolan- Counsel-to Colonial Cablevision - Reviewed the history of Colonial Cablevision- started in 1971, serving five communities requesting a rate increase for residential service from $7.25 to $7. 75 per month. . .reason for request, escalating costs. . .. Requested that the Town Board not make a decision in regard to the proposed increase until after meeting with the ofher five communities , if an agreement can be made then the proposal will go to the cable commission for their approval. . .if all is passed the rate increase will become effective on June 1st. Floyd Pickett- complained about the service, noted that he felt that the company should have a decrease . . . filed petition with board. . . Mr. Nolan- noted that he knows there is a problem in that area. . . sleet damage, it has been corrected . . . Mr. David Coon- 4th Street Ext. - noted poor reception an chazilels 12- and 10. . .have called for service but have not received any. . .noted that he had spoken with people who have Classic and they do not seem to have the problems , why. . . Mr. Nolan-they do have the same transmission problems. . .micro-wave is- : effected .by wind, sleet, heavy fog. . .normally when we are down they are down. . .we have the addttianel problem of being extended over 65 to 70 miles. . .I will follow up tih your problems. . . Mr. Coon- noted that Mrs. Eggleston also has been having trouble with her reception. . . Mr. McNatry-complained about service. . .was promised service and still have not gotten it. . . Mr. Nolan- I will see to it that you have service this week. . . Unknown- If you extend service to more people then you would not have to raise the rates. . . Mr. Nolan- noted that it cost $7,000 a mile, unless you have 45 to 50 homes per mile it is economically not feasible. . . J Eknest Skellie- West G.F. noted that he had poor service, deducted 24G a day from the bill. . .called Cable Protection in Albany and complained. . soon after the cable was fixed. . . felt that the Colonial workers were sarcastic about it. . .I do not feel that they need a raise. . . Mr. Pickett- is there any way we can get credit when there is no service? Mr. Nolan- The N.Y. State Cable commission is having hearings on that right now. . .they are developing a formula on that. . . Councilman Walter- requested a balance sheet, including revenues Mr. Nolan- I will provide that. . . Supervisor Brandt- asked for further input, hearing none the Public Hearing was closed. . . 8:01 P.M. Fire Marshal Bodenweiser- presented Mr. ChatIes "Tisinger with an award. . . .in his duties with working with the Fire Marshal he spoke with Margaret Dyer in regard to Fire safety, using a tape Mrs. Dyer spoke to the Board noting that Mr. Tisinger helped her in escaping from a Burning Building, in that she used the techniques he had taught her. . . PUBLIC HEARING-AMEND ORDINANCE NO 3A NOTICE SHOWN 8:00 P.M. Hearing Opened- Ltr. West Glens Falls Fire Co. No.l March 6, 1979 To: Mike 'Brandt' and Tuesday Queensbury Board Members Dear Mr. Brandt and Board Members: The West Glens Falls Fire Dept. respectfully requests your cenonsideration of our request to hold three special Sunday after- noon bingo games. After the Public Hearing of January 23, when we were denied permission for Sunday bingo, we decided to hold three special Saturday afternoon bingo games. We had been. publicizing Saturday afternoon bingo and had prepared the neeessary papers to amend the dates on our license when we were notified that we can not hold bingo Saturday afternoon as it is a State Bingo Law that no group or branch of a group may hold two games on the same date. As Saturday is our regular -evening bingo, we can not plan on Saturday afternoon. As you know, we must continually think of fund raising ideas to supplement what we receive from the town fire contract. Just this past summer we were told that we could no longer conduct coin drpps in the town. Our company is not afraid of hard work. Our building and equipment was purchased through fund raising and the involvement of many people and many hours. We have found that bingo gives us a good return for the time spent and this is why we ask that you reschedule the issue of Sunday bingo at your next town board meeting. Sincerely, Bingo Chairman, Francis Johnson President, Glen Gregory Mrs. Bunny Bitner-Read the following: By the Church and Society Committee of the First Presbyterian Church of Glens Falls March 27, 1979 I am Bunny Bitner, a resident of the Town of Queensbury. I'm re- presenting the Church and Society Committee of the First Presbyterian Church. Only two months ago, I appeared at a public hearing of this Town Board over the issue of whether or not the 1958 Queensbury ordinance concerning 260 . games of chance should be amended to allow organizations with licenses to conduct bingo games on Sunday. Following the hearing on this issue, the Board voted over- whelmin 1 not to amend the existing ordinance. By that action, the Town Boa went on record as saying that they did not want gambling on Sunday in this Town. Members of the Town Boar, or the record, our organization remains adamantly opposed to having gambling, in any form, in this residential community on Sunday. Quite frankly, we are disappointed that this issue is again open for public debate. We are disappointed for two reasons: 1. that it is necessary to again debate such an uppopular issue; and 2. because we do not want to appear in opposition to the West Glens Falls Fire Department nor to the men and women who have so unselfish- ly provided countless hours of volunteer service in behalf of the community. In no way is our opposition to Sunday gambling directed at the fine people who represent the fire department nor to their good work. It is ironic that we find ourselves on different sides of a community debate, but we, too, want to keep Queensbury the type of residential community that is one in which we can take pride. We are also disappointed that we again find ourselves having to state our opposition to games to chance as a Sunday fundraising activity. There is certainly no question in our minds but that the fire company needs financial support for new equipment. Out concern, yes, and our opposition, is not to the need, but rather to the means to that end, particularly if it means changing the ordinance and allowing gambling in any form to come into the Town of Queensbury on Bunday. We would not like to get into a public debate which could go on indefinitely. Because we understand that petitions have been presented to reopen this issue, as you might expect, petitions in opposition to Sunday games of chance signed by residents and/or property owners of this Town, have been gathered, and with your permission, I would respectfully like to submit them for the record. This is further proof of the strong opposition of the residents of this Town to having gambling on Sunday. We would like to ask the Town Board to take a statesmanlike position on the issue of gambling in any form on Sunday by voting to make no change in the ordinance which has served this community for more than 20 years. Thank you again for the opportunity to speak before this Board. (petitions on file) Joseph Daire- noted that stores are open on Sunday in Queensbury Glen Gregory-W.G. F. Fire Co. - commented that the money will be used for fire equip. and montages , noted that the more money the company can raise itself the less the taxpayers will have to pay for equipment. . . noted that families play bingo and also senior citizens Supervisor Brandt- asked Mr. Gregory how much income was lost when coin drops were stopped in the Town? Mr. Gregory- approximately $5500 per year. .run three times a year Floyd Pickett- no one is forced to go into bingo, if you do not want to go you do not have to, . . .we should support the fire companies they do a wonderful job for the town. Dick Bird- Resident of Qsby. noted very grateful to the Fire Dept. the issue is not the raising of money but how the money is raised, the issue is whether there should be games of chance on Sunday. . . I believe in many instances gambling can tear down life. . .we would like to see opportunities for families to get together and do things that would build up their minds and their bodies and spirits. . .I think there are other opportunities you can promote on Sunday. . . Leland Cheney Jr.-spoke on beautifying Queensbury. . . in regard to the Church when do they raise their money? Donald Cheney- the Church should concentrate on the bar rooms there is where the trouble is. . . Mrs. Gregory j_.. it hay hten established that .Sunday is not the only religious day, I feel personally that every day is family day rntt just one day a week. Wayne Pond-W.G.F. , noted that there are other places that have bingo on Sunday, if you play bingo on sunday— it will not stop them if the Town Board of Queensburywill not allow it in Qsby. . . I feel that we should have the revenue in Qsby. Unknown- We are asking for the Sunday' s for Bingo to pay for the jaws of life, that will protect lives and not tear apart. . . Councilman Eisenhart- I have listened to both sides of this. . . in my { way of thinking I believe six days are enough for Bingo, I am opposed to extending this . . . Glen Gregory- reviewed the Bingo law. . .noted that last year W.G.F. paid to the Town of Qsby, approximately $1700 in bingo revenue. . . Pastor of Sanford Ridge-noted that the Church people are concerned over gambling and those things that are a detriment to the people, Sunday is a day when the family should be together—my onr feeling is we have six days a week to do this we do not need the sabbWttL . . Phyllis Baldino- Qsby.-the State allows OTB if there is racing on Sunday when do the bets go down—the point being that the door is already open. . .these people are only talking about three additional days. . . Glen Gregory- noted. that; W.G.F. , the VFW and the Elks do allow children to play. . . Saaley - did not see that there is' any proof to the breaking up of families due to bingo Victor Miner- noted that he would like to see the money go to the Fire Co. and Town . . . Bob Havens-- . . .we are not asking for anything that is wrong. ; . noted the worth of the jaws of life. . . William Bitner-questioned the amount the Fire Co. lost by not having coin drops, would the Sunday Bingo make up the amount. . . Mr. Gregory-based on the past month $1,000 an occasion would Mr. Bitner- questioned once the jaws of life was paid fornthe Sunday Bingo be stooped? Supervisor Brandt- I am sure that is not the case. . .there is a constant need for new equipment. . . Bryan King- questioned if the Jaws of life could be used by several companies— instead of each compapy having one. . .opposed to the bingo amendment Victor Miner- noted that time is very important to an accident victim. . noted that the companies do cover a _large area and there is always a possibility of two accidents in two different areas of the town. . . Supervisor Brandt- noted that he votectno on the first vote regarding Sunday Bingo, pragmatic vote, there were not many people who said they wanted it and quite a few people said they didn' t want it and that was easy, after a while I thhi? about it, we cannot legislate morality it does not work. . .a moral code is up to the individual to set himself. . . spoke on the fund.- raising activities of the fire companies, their work and dedication . . .noted that they set a moral standard for their community. . .will vote for the amendment to Bingo. . . Dorothy Durling- Against Bingo, there has to be another way to raise funds. . . Bob Lindndoll- noted the importance of the Fire Dept, to the community. . . Mrs. Gregory- listed the many fund raising activities of the Lady' s Auxiliary. . . Francis Johnson- noted that the present Bingo law was enacted in the 50' s 262 it snuld now be brought up to date with the times. . . Supervisor Brandt- asked i� anyone else wished to speak to the Board on this topic. . .hearing no one the hearing was closed. 8:59 P.M. Outlined the proposed DPW concept in Town Government. . .listed the various dept. in the Town. .a vast� ,of our resources if we do not combine all the various functions into one unit—asked the residents of Qsby. to consider the concept and vote on May lat. noted that he will be available to speak to any group on the concept of a DPW. . . RESOLUTION TO APPROVE MINUTES RESOLUTION N0, 107 . Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that the minutes of March, 13 and 20th 1979 be and hereby are approved. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None Absent: None Councilman Eisenhart- requested that the next resolution be reworded. . . agreed to by the entice Town Board. . . RESOLUTION TO TRANSFER FUNS RFSnT.TTTT N Nn inR Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mrs. Frances Walter: WHEREAS, it is necessary to purchase chain-link fencing for the Queensbury/ Glens Falls Joint Landfill, and WHEREAS, a general appropriation was made in the 1979 budget for general contractual expenses , NOW, THEREFORE BE IT RESOLVED, to transfer $1,000.00 from J8160.440, Landfill Contractual to J8160.200, Landfill Equipment, to cover the cost of Chain Link and any future miscellaneous equipment purchases necessary. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None Absent: None Supervisor Brandt introduced a resolution to amend the bingo itdinance, seconded by Hammond Robertson- discussion held Councilman Walter- on the 8th day of November 1977 on the ballot we had a proposition number 2 which was entitled CONDUCT GAMES OF CHANCE ISSUE that issue passed by a good margin it provided for the conduct of games of chance in the Town of Queensbury. Sunday games were a part of the local ordinance—did not include the game of bingo. . .the point I have to ,make is that we do allow tam�lingMinday in the Town of Queensbury, it was decided on by the voters. . .I think this is something we have to - , consider when we vote onwkether we will allow Bingo . . . Councilman Eisenhart- spoke on the rewsons far ,the rules on bingo Mrs. Davidson-spoke on hhe proposition vote. . .noted some confusion, on the part of the voters. . . in her district RESOLUTION TO AMEND ORDINANCE NO. 3A TO INCLUDE NO MORE THAN FOUR SUNDAY BINGO OCCASIONS IN A CALENDAR YEAR R qQT ttTTf%V Mn T n9 Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mr. Hammond Robertson: WHEREAS, Section 9 of Ordinance 3A prohibits the conduct of said games of chance on Sunday in reciting as follows : ' "Such games may be held on any day provided for in such license, except Sunday" and WHEREAS, certain organizations requested that the Town Board consider amending the ordinance to include Sunday for games of chance, and WHEREAS, on March 27, 1979 a Public Hearing duly advertised was held at the Queensbury Town Office Building and all persons interested were heard both in favor of and against such an amendment, NOW, THEREFORE BE IT RESOLVED, that Ordinance 3A be amended to read as follows: "Such games may be held on any day provided for in such license, including Sunday, with each organization being allowed to hold no more than four Sunday Bingo Occasions in a calendar year." Duly adopted- by the following vote: Ayes: Mr. Olson, Mrs. Walter, Mr:.: Robertson, Mr. Brandt Noes: Dr. Eisenhart Absent: None Glen Gregory- Thank the Board on behalf of the W.G.F. Fire Dept. , ELKs and V.F.W. Supervisor Brandt- thanked all who attend the hearing. . . OPEN FORUM 9:15 P.M. Councilman Eisenhart- wished to ask: -, the residents -of ..the Town of i Queensbury to consider very carefully the referendum on May 1st. j RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RTNOT.TTTION N0. 110 , Introduced by Hr. Charles Eisenhart who moved for its a op on, seconded by Mr. HIchel Brandt RESOLVED, that Audit of Bills as listed on Abstract No. 79-3D and numbered 422 through 423 and titiling $86,251.55 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes: None Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION SOTtTTTON N0. 111, Introduced by Mrs. Frances Walter who moved for its adoption, s— eec-o�ea`by Mr. Michel Brandt: RESOLVED, that the 'Town Board of the Town of Queensbury hereby moves into executive session to discuss, negotiations and personnel matters. Duly adopted by the following vote: Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : None Absent : None On motion the meeting was a4journed. Respectfully submitted, Donald A. Chase Town Clerk Town of Queensbury