1995-05-08 SPM950508.SPM
A Special Meeting of the Town Board of the Town of Wappinger was
held on May 8, 1995 at the Town Hall, 20 Middlebush Road,
Wappingers Falls, New York.
Supervisor Smith Called the Meeting to order at 7:15 P.M.
Present:
Constance Smith, Supervisor
Joseph Ruggiero, Councilman
Joseph Incoronato, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Absent:
Robert Valdati
Others Present:
Albert Roberts, Attorney to the Town
Graham Foster, Highway Superintendent
The Supervisor Called the Special Town Board Meeting for May 8,
1995 for the purpose of addressing three items; to vote on U.S.
Cablevision transfer to Continental Cable; to vote on two (2)
Purchase Orders for Highway; Introduce and set a Public Hearing
for Tomasic rezoning.
The first item for the Boards consideration is to approve the
Merger and related transactions between Providence Journal
Company and Continental Cablevision.
The following resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption and seconded by Mr. Ruggiero
WHEREAS, U.S. Cablevision ("Franchisee") is the duly
authorized holder of a franchise (as amended to date, the
"Franchise"), authorizing the operation and maintenance of a
cable television system and authorizing Franchisee to serve the
Town of Wappinger ("Franchise Authority"); and
WHEREAS, Providence Journal Company ("PJC") is currently an
indirect parent of Franchisee, and
WHEREAS, PJC, and Continental Cablevision, Inc.
("Continental") have entered into an Amended and Restated
Agreement and Plan of Merger dated as of November 18, 1994 (the
"Agreement"), subject to, among other considerations, any
required approval of the Franchise Authority with respect
thereto; and
WHEREAS, in connection with the merger and other transaction
(the "Transaction") contemplated by the Agreement, transfer of
ultimate control of the Franchisee will shift from PJC, through
its wholly owned subsidiary, Colony Communications, Inc, to
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950508.SPM
Continental: and
WHEREAS, to the extent the franchise requires, Continental
and PJC now seek approval of the Transaction; an
WHEREAS, the Transaction is deemed to be in the best
interests of the residents of the Town of Wappinger;
NOW THEREFORE, BE IT RESOLVED BY THE TOWN OF WAPPINGER AS
FOLLOWS:
Section 1. The Franchise Authority hereby consents to the
Transaction which includes the transfer of ultimate control of
the Franchisee from PJC to Continental, to the extent that the
consent of the Franchise Authority is required by the terms of
the Franchise and applicable law, with such consent to be
effective as the closing date of the Transaction.
Section 2. The Consent herein granted does not constitute
and shall not be construed to constitute a waiver of any
obligations of Franchisee under the Franchise.
Section 3. This resolution shall have the force of a
continuing agreement among Franchisee, Continental and the
Franchise Authority, and the Franchise Authority shall not amend
or otherwise alter this Resolution without the consent of
Franchisee and Continental.
The question of the forgoing Resolution was duly put to a vote
on roll call which resulted as follows:
Roll Call Vote:
Constance Smith, Supervisor Aye
Joseph Ruggiero Aye
Robert Valdati Absent
Joseph Incoronato Nay
June Visconti Aye
The Resolution was thereupon declared adopted.
The following Purchase Orders were submitted for approval by
Graham Foster, Highway Superintendent. (1) $6,000.00 payable to
Salt Point Enterprises, Inc., to supply and install fire
suppression over pump island, they being the lowest Bid. (2)
$1,960.00 payable to Enviroscience, Inc., site assessment, for
installation of new gas tanks, they being the lowest Bid.
COUNCILWOMAN VISCONTI moved to approve the above Purchase
Orders, for Salt Point Enterprises, in the amount of
$6,000.00 and Enviroscience in the amount of $1,960.000 based
on the recommendation of Graham Foster, Highway Superintendent.
Seconded by Mr. Incoronato
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Motion Unanimously Carried
950508.SPM
Next is to introduce and set a Public Hearing for Tomasic
Rezone. SUPERVISOR SMITH set the Public Hearing for May 22,
1995 at 7:15 P.M.
The following Resolution was moved by COUNCILWOMAN VISCONTI and
seconded by Mr. Ruggiero.
WHEREAS, the Town Board has heretofore received an
application from Peter Tomasic for a change of zoning
designation for premises owned by him located on Old Hopewell
Road in the Town of Wappinger, identified on the tax maps on the
Town of Wappinger as parcel number as parcel number
6157-02-637535, and more particularly described in Schedule "A"
attached hereto; and
WHEREAS, the subject parcel contains approximately 1.5 acres
and is presently zoned Residential R-20; and
WHEREAS, the application for a change of zone requests a
a change of zoning designation from Residential R-20 to Highway
Business (HB); and
WHEREAS, the parcel described in Schedule "A" is contiguous
to parcels presently zoned Highway Business; and
WHEREAS, the Town Board desires to formally consider the
application of Peter Tomasic requesting a change in zone from
Residential R-20 to Highway Business (HB) for the premises
specifically described in Schedule "A" attached hereto.
SCHEDULE A
All that certain plot, piece or parcel of land, with the
buildings and improvements thereon erected, situate, lying nd
bounded and described as follows:
BEGINNING at a point marked by an iron pin set on the southerly
side of the Hopewell -New Hamburg road at the northeast corner of
lands now or formerly of Wm. J. Bombardi and running thence
along the southerly side of said road the following courses and
distances: south 69 degrees 34 50" east 139.4'; south 74
degrees 07'40" east 29.62'; south 81 degrees 5340" east 95.82'
and south 50 degrees 36'00" east 59.92'; thence leaving said
road and running along the westerly line of three parcels of
land now or formerly of C.C. Knight the following courses and
distances: south 28 degrees 38'00" west 140.31'; north 65
degrees 57'00 west 20.20'; south 52 degrees 24'00" west 30.00';
north 59 degrees 02'00" west 45.00' and south 29 degrees 59'00
west 187.40' to the northerly line of lands now or formerly of
Gumpert; thence along said line north 60 degrees 14'30" west
155.46' to a point marked by an iron pin set on said line at the
southeast corner of said Bombardi; thence along said Bombardi
1%W north 14 degrees 56'20" east 310.87' to the point of beginning
containing about one and three quarters acres of land be the
same more or less.
SUBJECT to rights of Public Utility Corporation of record, if
any.
EXCEPTING, however, from the above described premises all that
piece or parcel of land consisting of .192 acres of land more or
less which was heretofore conveyed to the County of Dutchess and
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950508.SPM
which land is more particularly described in a certain deed made
by Josephine Case to the County of Dutchess dated March 27, 1969
and recorded in the Dutchess County Clerk's Office on July 1,
1969 in Liber 1267 of deeds at page 871.
NOW THEREFORE, BE RESOLVED AS FOLLOWS:
1. The Town Board hereby introduced for consideration of
adoption proposed Local Law # of the Year 1995, Amending
Local Law #5 of 1990, the Zoning Law of the Town of Wappinger,
in the form annexed hereto.
2. The Town Board of the Town of Wappinger has reviewed the
intended action with respect to the provisions set forth in 6►
NYCRR (SEQRA) and the provisions of Local Law No. 6 of the year
1992 and hereby determines that the intended action is an
unlisted action.
3. The Town Board hereby determines that it is the only
involved agency in this action and hereby declares itself LEAD
AGENCY PURSUANT TO ARTICLE 8 ECL AND THE RELATED TITLE 6 PART
617 - NYCRR.
4. The applicant has caused to be prepared and completed
Part 1 and Part 2 of the short form EAF for this project, in the
form annexed hereto.
5. The Town Board acknowledges its obligation to review the
subject action pursuant to SEQRA and reserves its obligation to
make a Determination of Significance until the conclusion of the
Public Hearing hereafter ordered.
6. The Town Board hereby schedules a Public Hearing
regarding the adoption of the annexed proposed Local Law for
7:15 p.m. on the 22nd day of May, 1995, and the Town Clerk is
directed to publish notice thereof in the Town's official
newspaper not less than ten days prior to said public hearing
date.
7. The Town Board further directs the Town Clerk to act as
follows with respect to the proposed Local Law:
a. To serve a copy of this Resolution, the annexed proposed
Local Law, and the Public Hearing Notice to the municipal clerk
of each abutting municipality not less than ten (10) days prior
to said public hearing;
b. To serve a copy of this Resolution, the annexed proposed
Local Law, and the Public Hearing Notice to the Dutchess County
Planning Department for advisory review in accordance with
Section 239 of the General Municipal Law: and
C. To distribute a copy of this Resolution, the annexed
proposed Local Law, and the Public Hearing Notice to the Town of
Wappinger Planning Board for its recommendation prior to said
Public Hearing.
The question of adoption of the foregoing Resolution was duly
put to a vote on roll call, which resulting as follows:
Constance Smith, Supervisor Voting Aye
Joseph Ruggiero, Councilman Voting Aye
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950508.SPM
Robert Valdati, Councilman Voting Absent
Joseph Incoronato, Councilman Voting Aye
June Visconti, Councilwoman Voting Aye
The Resolution is hereby duly declared adopted.
COUNCILMAN RUGGIERO moved to set the Public Hearing on May 22,
1995 at 7:15 P.M. in order to vote on the Local Law amending the
Zoning Law and Zoning Map of the Town of Wappinger
Seconded by Mrs. Visconti
Motion Unanimously Carried
SUPERVISOR SMITH announced that she had received the Report of
Examination from the office of the State Comptroller for the
Year 1993 and it was an excellent Report.
Town Clerk, Elaine Snowden added that this Audit Report had also
been filed in her office on May 1st, as a Public Record and is
open for inspection by all interested persons.
There being no other business to come before the Board.
COUNCILWOMAN VISCONTI moved to close the Special Meeting.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The Special Meeting closed at 7:20 P.M.
Elaine H. Snowden
Town Clerk
Page 5
950508.PH
A Public Hearing was held by the Town Board of the Town of
Wappinger on May 8, 1995 at the Town Hall, 20 Middlebush Road,
Wappingers Falls, New York on proposed transfer of control of
the existing U.S. Cablevision Corp. Cable Television franchise
from Providence Journal Company to Continental Cablevision, Inc.
Supervisor Smith opened the Meeting at 7:05 P.M.
Present:
Constance Smith, Supervisor
Joseph Ruggiero, Councilman
Joseph Incoronato, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Absent:
Robert Valdati, Councilman
Others Present:
Albert Roberts, Attorney to the Town
Graham.Foster, Highway Superintendent
The Town Clerk offered for the record the Affidavit of Posting
and Publication duly signed and notarized. (These Affidavits
are attached hereto and made part thereof of the Minutes of this
Meeting).
SUPERVISOR SMITH announced that several representatives from the
Cablevision Company were in attendance to answer any questions.
MARI SEVEY, General Manager of U.S. Cablevision introduced
JoAnne Somers, Manager of Governmental Affairs and Lorine Card
Director of Governmental Affairs of Continental Cablevision.
A brief presentation was made by Lorine Card of Continental,
going over the Merger Plans and providing background information
on Continental Cablevision.
COUNCILWOMAN VISCONTI asked if there would be any change in
management. Ms. Carr responded that there would be no change
in management nor disruption of service when the transfer
occurs.
COUNCILMAN INCORONATO inquired about surveys. Are surveys taken
as to what type of programs viewers are interested in. Mr.
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950508.PH
Incoronato was informed that surveys are taken and overall
customers are very satisfied with programs.
GRAHAM FOSTER, questioned changes in program viewing policy, and
was informed that before a station is changed over to another
channel, it is posted on each Cablevision bill 30 days prior to
change.
There were no other comments or questions.
COUNCILWOMAN VISCONTI moved to close the Public Hearing,
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The Public Hearing closed at 7:15 P.M.
Elaine H. Snowden
Town Clerk
Page 2
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
1 OF POSTING
NOTICE OF PUBLIC HEARING ON A
PROPOSED TRANSFER OF CONTROL OF
THE EXISTING U.S. CABLEVISION CORP.
CABLE TELEVISION FRANCHISE FROM
PROVIDENCE JOURNAL COMPANY TO
CONTINENTAL CABLEVISION, INC.
----------------------------------
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting Town
Clerk of the Town of Wappinger, County of Dutchess and State
of New York.
That on May 3, 1995, your deponent posted a copy of
Lthe attached notice of Public Hearing on the a proposed
transfer of control of the existing U.S. Cablevision
Corporation cable television Franchise from Providence Journal
Company to Continental Cablevision, Inc. in the Town of
Wappinger on the signboard maintained by your deponent in her
office in the Town Hall of the Town of Wappinger, 20
Middlebush Road, Wappingers Falls, Dut.chess County, New York.
S RA
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this g
day of YY 1995.
NOTARY PUBLIC
1.IN11A R4. 1.11 Irrl
imaw Public, State of New York
No.2381720
Qualified in Dutchess county !�
Commission Expires 1013t/1y_L,.�
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS '
NEW YORK - 12590
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
JOAN MILLER, of the
.......................................................
Town of Wappinger, Dutchess County, New York,
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Subscribed and sworn to before me
this ..4th..... day of ...May 95
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