1993-07-26 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
JULY 26, 1993
7:00 P.M.
— — — — — — — — — — — — — — — — — — — — — —
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Reg. June.28, 1993 Special July 12, 1993
4. REPORTS OF OFFICERS: Sup./Compt. T/Justices Receiver of Taxes
Bldg. Insp. Zng. Adm. Dog Control Officer
5. PETITIONS & COMMUNICATIONS
a. Helen & Kevin Miller, Brothers Rd., re: Complaint of damage to
property by H. Dept. Vehicles
b. Notification of Intent to renew Liquor Lic. from Rob't Fair, DBA
Jack's Tavern, Rte 376
c. Request for return of Escrow Funds from C. O'Donnell -Lot #13 Srping
Terr. (for Jos. Manz)
d. J. Paggi, Eng. to Twn, Report on Short Term Financing - SRF Loans
e. Notification from Hughsonville & Chelsea Fire Dists re -appointment
of Leonard Supple & Yvonne Tompkins as members of fire Prevention Bu..
f. Andrew Layer re: Castle Point employees picnic and the serving of Be,
g. Edward Kleinbaum, Winesap Lane re: request for Speed limit reduction
h. Authorize J. Paggi to do necessary work for preparation of Hilltop
Wells renovation.
i. Bonny Brothers re: Traffic on Diddell Rd, and through tunnel
j. Hollis Shaw, Wassaic Dev. Disabilities Service notification that the
are again looking for homes in the Wappinger area
k. NYS Police re: Approval of Emergency Services Bldg.
1. R. Hold, Rec. Comm. Ch. re: (1) Electric at Robinson Lane (2) Clay
for Robinson Lane and permission to upgrade Castle Point fields
m. Town served with: (1) Summons in the matter of Churchill Mtg.
investment Corp. vs: Braker, T/W etc. (for A.Roberts) (2) Tax
Reviews from: Texland Properties Corp.; The Southland Corp.:
Wappinger Associates: wappingers Falls Owner Corp: & Brack Const.
n. Applications for Hawking & Peddling Licenses from: Martin Newbould &
Nik Holland (Selling Aerial Maps)
o. Louis & Michael Suozzo request for reduction of Performance Bond
6. COMMITTEE REPORTS
7. BONDS AND LETTERS OF CREDIT
H. Levenson report
8. RESOLUTIONS
a. Consider adoption of LL for Capollino Rezoning
b. Consider adoption of LL for Satellite Castle Corp. Rezoning
c. Consider approval of U.S.Cablevision Agreement
d. Introduce Amendment of LL for regulation of traffice (Stop signs)
e. Proposed LL allowing for increase in Redemption Fees for impounded d
f. Declaration of Lead Agency for Emergency Service Bldg. & Resolution
g. Rezoning application for W.B.Nelson Construction, Inc., Maloney Rd.,
for rezoning Parcel from AI to RMF5
h. Request for Transfers of Funds from A. Buckley, Compt.
i. Communications from E. Saris, Attny, for Tax reviews for a proposed
settlement for Wappingers Falls Owners Corp. (Brack Const.), and
Confirm stipulation of settlement for Friendly Acura
9. UNFINISHED BUSINESS
10. NEW BUSINESS
11. ADJOURNMENT
REMINDER: PUBLIC HEARINGS START AT 6:45 P.M. (2)
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The Regular Meeting of the Town Board of the Town of Wappinger
Was held on July 26, 1993 at the Town Hall, 20 Middlebush Road,
Wappingers Falls, New York.
Supervisor Smith called the Meeting to order at 7:00 P.M.
Present:
Constance Smith, Supervisor
James Mills, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Robert Wallace, Councilman
Elaine Snowden, Town Clerk
Absent:
None
Others Present:
Albert Roberts, Attorney to the Town
Joseph E. Paggi, Jr., Engineer to the Town
Herbert Levenson, Zoning Administrator
The Supervisor asked all to join in the Pledge of Allegiance to
the Flag at the commencement of the Meeting.
MINUTES
The Minutes of the Regular Meeting of June 28, 1993, and the
Special Meeting of July 12, 1993; having previously been
forwarded to the Board Members, were placed before them for
their consideration.
MRS. VISCONTI moved that the above stated Minutes, be and they
are hereby approved as submitted by the Town Clerk.
Seconded by Mr. Wallace
Motion Unanimously Carried
REPORTS
Reports for the month of June were received from the
Town Justices, Supervisor/Comptroller, Receiver of Taxes,
Building Inspector, Zoning Administrator, Dog Control Officer.
MRS. VISCONTI moved to accept the above stated reports and place
them on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
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PETITIONS & COMMUNICATIONS
A letter from Helen and Kevin Miller on Brothers Road was
received regarding a complaint of damage to their property by
the snow plows last winter.
MRS. VISCONTI moved that the Board refer the correspondence to
Graham Foster, Highway Superintendent.
Seconded by Mr. Wallace
Motion Unanimously Carried
The Town received notification of Intent to renew Liquor License
from Robert Fair, DBA Jack's Tavern, Route 376, Wappingers
Falls.
MR. VALDATI moved that the Board accept the notification of
Intent to renew Liquor License and place on file without comment
Seconded by Mrs. Visconti
Motion Unanimously Carried
A Request for the return of Escrow Funds from Mr. C. O'Donnell
of the Driveway Bond for $1,000.00 for Lot #19, Spring Terrace
(for Jos. Manz) was presented to the Board.
MRS. VISCONTI moved that Board approve the return of Escrow
Funds to the O'Donnell Corporation being that all paperwork was
in order.
Seconded by Mr. Valdati
Motion Unanimously Carried
Joseph Paggi presented a brief report on the Short Term
Financing Project Intended Use Plan which is available to the
Town of Wappinger for the Phase 3A of the Wappinger Sewer
Transmission/Treatment Improvement Area and also for Project
#535602 Plant Expansion, which we are currently doing. He
reviewed it and went to the Seminar in Albany and believed
that the Town would not be able to meet the time and
documentation requirement for Phase 3A. He further stated that
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he hoped that the New York State Environmental Facilities
Corporation would have the Funds available next year for Phase
3A; however, he does recommend that we stay on the Priority List
for the #535602 Project of the Plant Expansion just in case we
do not get in the Fall 1993 Pool.
MRS. VISCONTI moved that the Board accept Mr. Paggi's Report and
place it on file
Seconded by Mr. Wallace
Motion Unanimously Carried
Notification from Hughsonville and Chelsea Fire Districts for
the re -appointment of Leonard Supple and Yvonne Tompkins
respectively as members of Fire Prevention Bureau was received.
MR. MILLS moved to approve the reappointment of Leonard Supple
and Yvonne Tompkins as members of the Town of Wappinger Fire
Prevention Bureau.
Seconded by Mr. Wallace
Motion Unanimously Carried
Another letter from Mr. Andrew Layer, Veterans Administration,
requesting, again, that beer be allowed at an Employees Picnic
for their employees at Castle Point Recreation Area.
MRS. VISCONTI moved to reaffirm the Town Policy that alcoholic
beverages cannot be served on Town property.
Seconded by Mr. Wallace
Motion Unanimously Carried
A letter from Mr. Edward Kleinbaum, Winesap Lane, regarding a
request for Speed Limit reduction to 20 MPH at Cider Mill Loop.
MRS. VISCONTI moved to authorize the Town Supervisor to write
a letter to Mr. Kleinbaum stating that the state will not give
permission to go below 30 MPH for any Town Roads.
Seconded by Mr. Mills
Motion Unanimously Carried
A memo from CAMO was received outlining work to be done at the
Hilltop well site and recommending some other work to be done at
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the same time. The Board considered authorization to do the
necessary work for the renovation of Hilltop Wells in replacing
the 50 hp turbine pump with a 30 hp submersible pump in well #5
which requires a retrofit of piping and the installation of new
piping on the submersible pump. The work has been presented to
the Dutchess County Health Department and the Town Engineer, Jay
Paggi and was approved by both.
MRS. VISCONTI moved to authorize CAMO to do the necessary work
on well #5 at the Hilltop well site at a cost not to exceed
$23,000.
Seconded by Mr. Mills
Motion Unanimously Carried
A letter from Bonny Brothers of Smith Crossing Road was
received by the Board regarding the traffic situation on
Diddell Road and through the tunnel. Ms. Brothers stated that
the traffic has increased and claims it is a hazard with the
narrow tunnel.
MRS. VISCONTI moved to authorize the Town Supervisor to write a
letter to the County on the behalf of the Town Board and the
Highway Superintendent asking if the County can begin the
removal of the tunnels because they are a detriment to health
and safety.
Seconded by Mr. Valdati
Motion Unanimously Carried
Notification from Hollis Shaw of the Wassaic Developmental
Disabilities Services Office, looking again (annual letter) for
homes in the Wappingers Falls area to provide residential
services for individuals with developmental disabilities.
MRS. VISCONTI moved to accept the correspondence and place on
file.
Seconded by Mr. Valdati
Motion Unanimously Carried
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Notification was received from New York State Police regarding
Approval of the Emergency Services Building to relocate within
the Town of Wappingers from Fishkill.
MR. VALDATI moved to accept the correspondence and place on
file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Several letters were presented to the Town Board from Ralph
Holt, Recreation Commission Chairman, requesting to obtain
Purchase Orders for (a.) installation of electric at Memorial
Field on Robinson Lane (b.) clay for the fields at Robinson
Lane; and (c.) permission to upgrade two softball fields at
Castle Point.
MRS. VISCONTI moved to approve the Purchase Orders for all three
requests for the Recreation Department.
Seconded by Mr. Mills
Motion Unanimously Carried
The Town was served with: (1) A Summons' in the matter of
Churchhill Meeting Investment Corp. vs.: Braker, T/W etc.
(2) Tax Reviews from: Texland Properties Corp.: the
Southland Corp.: Wappinger Associates: Wappingers Falls Owner
Corp.: & Brack Construction: T. H. Baker & Charles Gilbride:
Dinolfe Wilson Agency: Waldbaum, Inc.: Imperial Plaza
Partnership: Imperial Gardens Company.
MRS. VISCONTI moved to refer the matter of Churchill, etc., to
Albert Roberts, Attorney to the Town, to answer on behalf of the
Town of Wappinger; and, refer the Certiorari actions to Emmanuel
Saris, Attorney for the Tax Reviews, to answer and defend on
behalf of the Town of Wappinger.
Seconded by Mr. Valdati
Motion Unanimously Carried
Two Applications for Hawking and Peddling Licenses were received
from Martin Newbould and Nik Holland. They will be going door
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to door selling Aerial Photographs. The applications were all
in order.
MRS. VISCONTI moved to approve the Hawking and Peddling
Licenses for Martin Newbould and Nik Holland.
Seconded by Mr. Wallace
Motion Unanimously Carried
A Request for a Reduced Performance Bond in the amount from
$40,000 to $7,000 was received from Louis and Michael Suozzo
Subdivision.
MRS. VISCONTI moved that, based upon the recommendation of J.
Paggi, Engineer to the Town, the Board accept the Letter of
Credit for the Performance Bond in the reduced amount of
$7,000.00 and release the original Letter of Credit.
Seconded by Mr. Mills
Motion Unanimously Carried
COMMITTEE REPORTS
There were no reports from any of the Board members.
BONDS & LETTERS OF CREDIT
A report was submitted by Mr. Levenson on the status of Bonds
and Letters of Credits for the current subdivisions.
MRS. VISCONTI moved to accept Mr. Levenson's report.
Seconded by Mr. Wallace
Motion Unanimously Carried
RESOLUTIONS
A Public Hearing having been held on the Rezoning Request of
Keith and Margaret Capolino for land parcels between Middlebush
Road, Old Hopewell Road and Old Route 9D, the matter of adoption
was placed before the Board for their consideration.
COUNCILWOMAN VISCONTI moved to adopt the Local Law amending the
Zoning Law of the Town of Wappingers Capolino Parcels.
BE IT ENACTED by the Town Board of the Town of Wappinger as
follows:
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Section 1. The Zoning Law and the Zoning Map of the Town of
Wappinger prepared by Raymond H. Arnold, Planning Consultant,
dated July 31, 1990, adopted by the Town of Wappinger pursuant
to Local Law #5 of 1990, is hereby further amended by
designating two parcels of property owned by the Estate of
Margaret A. Capolino and Keith Capolino from R-20/40 to
Multi -Family RMF -3, said parcels of property being more
particularly described in Schedule A, annexed hereto and part
hereof, and containing 47.594 acres of land, more of less.
Section 2. The Town Supervisor is hereby directed to retain
the services of a professional engineer, licensed land surveyor
or planning consultant to amend the Town of Wappinger Zoning
Map, above described, to reflect the zoning changes herein
adopted within sixty (60) days from the date of adoption of this
Local Law.
Section 3. The two parcels of property which are the
subject of this Local Law are further identified as follows:
PRESENT OWNERS: Estate of Margaret Capolino, Route 9D
and Old Hopewell Road, Wappingers Falls,
New York
TAX GRID NUMBER: 6157-01-285673
DEED REFERENCE: A portion of Liber 1373 of Deeds, page
897
PRESENT OWNERS: Keith Capolino, Middlebush Road,
Wappingers Falls, New York
TAX GRID NUMBER: 6157-01-240641
DEED REFERENCE: Liber 1895 of Deeds, page 306
The parcels described in Schedule A, annexed hereto, contain
a total of 47.594 acres and are identified by the above tax grid
numbers.
Section 4. This Local Law shall become effective
immediately upon adoption filing with the Secretary of State as
prescribed by law.
Schedule "A": Parcels "A" & "B" on Map *9145 filed in the
Dutchess County Clerk's Office.
Seconded by Councilman Valdati
Roll Call Vote: 5 Ayes 0 Nays
The matter of the Public Hearing for the Rezoning request of
Satellite Castle Corporation had been opened at the scheduled
time and date set forth in the published notice, however,
information pertinent to the subject was not available at this
time. The Board had agreed to adjourn and reschedule this
Hearing to a date and time certain.
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MRS. VISCONTI had moved to adjourn the Public Hearing on
Satellite Castle Corporation and reset for August 9, 1993 at
7:00 P.M., due to a lack of pertinent information on the matter,
which was seconded by Mr. Wallace.
Motion Unanimously Carried
MRS. SMITH moved to set a Special Meeting to entertain the
adoption of the Local Law amending the Zoning for Satellite
Castle Corporation for August 9, 1993, at 7:00 P.M.
Seconded by Mr. Wallace.
Motion Unanimously Carried
A Public Hearing having been held on the matter of the approval
of the U.S. Cablevision Agreement was placed before the Board
for their consideration.
MRS. VISCONTI moved to accept the Agreement and authorize the
Town Supervisor to sign said Agreement with U.S. Cablevision
Corporation. The Agreement is attached hereto and made a part
hereof of the minutes of this meeting.
Seconded by Mr. Valdati
Motion Unanimously Carried
The Introduction of the Proposed Amendment of Local Law #6,
1991, as amended by Local Law #7, 1992, by designating Woodland
Court, Harbor Hill Road and South Court as full stop
intersections was placed before the Board.
The following resolution was offered by COUNCILMAN MILLS who
moved its adoption:
WHEREAS, the Town Board has recently received a
recommendation from the Superintendent of Highways to establish
the following full stop streets:
South Court at its intersection with Hackensack Heights;
Harbor Hill Road at its intersection with Hackensack
Heights; and i J
Woodland Court at its intersection with Ketchamtown Road.
WHEREAS, the Town Board has determined that it is in the
best interests of the public health, welfare, and safety of the
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i CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN
THE TOWN OF WAPPINGER
AND
U.S. CABLEVISION CORP.
Table of Contents
OPENING
STATEMENTS
1
DEFINITIONS
OF TERMS USED IN THIS AGREEMENT
3
SECTION
1.
SERVICE PROVISIONS
6
SECTION
2.
FACILITIES AND EQUIPMENT
12
SECTION
3.
PUBLIC, EDUCATION, AND GOVERNMENT
ACCESS
15
SECTION
4.
SERVICE QUALITY
15
SECTION
5.
RATES FOR SERVICE
17
SECTION
6.
LIABILITY
18
SECTION
7.
FRANCHISE FEE
20
SECTION
S.
TRANSFER OF OWNERSHIP OR CONTROL
OF CABLE SYSTEM
22
SECTION
9.
COMMUNICATION BETWEEN OPERATOR AND
MUNICIPALITY
24
SECTION
10.
ACCOUNTABILITY PROVISIONS
25
SECTION
11.
CONSUMER SERVICES AND PROTECTION
27
SECTION
12.
PERFORMANCE BONDS
30
SECTION
13.
CONDITIONS PERMITTING REVOCATION
34
SECTION
14.
PROGRAMMING
37
SECTION
15.
TERM
38
CLOSING
STATEMENTS
38
REVISED DRAFT FRANCHISE RENEWAL AGREEMENT
6TH REVISED DRAFT 6/16/93 (JNK)
CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN
THE TOWN OF WAPPINGER
AND
U.S. CABLEVISION CORP.
THIS AGREEMENT is made and entered into as of this,
day of
, 1993, by and between the Town of
Wappinger, located in Dutchess County, New York, hereinafter
referred to as "Municipality", and U.S. Cablevision Corp., a
Rhode Island corporation qualified to do business in the
State of New York, hereinafter referred to as "Operator."
OPENING STATEMENTS:
1.) The Operator has already constructed and has for
some years lawfully and properly operated a Cable Television
System within the Town of Wappinger pursuant to a franchise
granted by the Municipality, which franchise had been
scheduled to expire most recently on June 24, 1990.
2.) The Operator has made proper application to the
Municipality for a renewal and extension of its franchise,
and the Municipality heretofore has extended the Operator's
previously granted franchise rights and authority for a
temporary term extending from the most recent franchise
expiration date until the Effective Date of this franchise
renewal.
DRAFT 6/16/93
3.) The Municipality has considered the technical
ability, financial condition and character of the Operator
and has reviewed the Operator's plans for constructing,
maintaining, improving and operating the Cable Television
System in the Town of Wappinger.
4.) In a full public proceeding affording due process
to all affected and interested persons, the Municipality has
considered the Operator's plans for further investment and
continued operation of the Cable Television System within
the Town of Wappinger and has found such plans adequate and
feasible.
5.) The Municipality has resolved and determined to
grant to the Operator a renewed and extended franchise, upon
the terms, conditions, understandings and obligations stated
herein, for an addition term of ten (10) years from the
Effective Date of this Agreement.
6.) This franchise complies with the current franchise
standards of the New York State Commission on Cable
Television.
7.) The Municipality, therefore, subject to the
provisions expressed in this Agreement, grants to the
Operator the right to erect, maintain and operate a Cable
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DRAFT 6/16/93
Television System and to provide Cable Service and other
lawful communications services within the jurisdiction of
the Municipality, and to use and occupy any and all of the
public streets, roads and rights of way within the current
or future boundaries of the Town of Wappinger.
DEFINITIONS OF TERMS USED IN THIS AGREEMENT:
Agreement, means this contract and its provisions.
Cable service, means television, video, and audio
programming and other transmissions that are received by
subscribers via the Cable System.
Cable System, or Cable Television System, means a facility,
consisting of a set of closed transmission paths and
associated signal generation, reception, and control
equipment that is designed to provide Cable Service and
other lawful services via electrical, electronic, and
optical signals to subscribers and/or customers.
CCPA means Cable Communications Policy Act of 1984 (47
U.S.C. §§521-559) as enacted and as may be amended by
Congress.
Effective Date means the date on which the Operator's
previous franchise rights and authority shall expire and on
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DRAFT 6/16/93
which the provisions and term of this Agreement shall begin
to take effect, which date shall be the date upon which the
NYSCCT approves and certifies this franchise renewal and
this Agreement without material conditions or modifications
substantially adverse to the Operator.
FCC means the Federal Communications Commission.
Gross Receipts means any and all compensation received by
the Operator that is derived from the operation of the Cable
Television System within the Town of Wappinger, including,
but not limited to, such receipts from all current and
future sources of such compensation during the term of this
Agreement, excluding receipts from operations within the
Village of Wappingers Falls; provided, however, that Gross
Receipts shall not include any taxes on services furnished
by the Operator imposed directly or indirectly on any,
subscriber by any State, city or other governmental unit or
third party and collected by the Operator on behalf of such
entity; and provided further, that Gross Receipts shall
provide for the deduction of adjustments to cash receipts
such as refunds to customers.
Municipality means the government of the Town of Wappinger
that is a party to this franchise.
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NYSCCT means the New York State Commission on Cable
Television.
Operator means the grantee of this franchise, U.S.
Cablevision Corp., a Rhode Island corporation qualified to
do business in the State of New York, and its successors,
transferees and assigns.
Person means all individuals residing in a dwelling, or
doing business in the Town of Wappinger from a structure,
physically capable of receiving Cable Service.
Service Area means the geographic area within which the
Operator maintains and operates the Cable Television System
from which service is provided to the residents of the Town
and neighboring communities in Dutchess County.
Town of Wapoinger means the corporate and territorial limits
of the Town of Wappinger, the Municipality that is a party
to this franchise, as exist on the day this Agreement is
signed and as may be amended or modified during the term of
this Agreement, exclusive of the area within the Town of
Wappinger governed by the Village of Wappingers Falls.
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SECTION 1. SERVICE PROVISIONS
A. The Operator shall offer Cable Service to any person
within the Town of Wappinger who demands service and who is
located within 200 feet of feeder cable and the charge for
the installation for any subscriber so situated shall not be
in excess of the normal installation charge.
B. The Operator will not abandon service to any portion of
the Town of Wappinger without the approval of the
Municipality.
C. The Municipality grants to the Operator, for the purpose
of installing the Cable System and providing Cable Service
or other lawful communications services, the right to use
and occupy any and all of the public streets, roads and
rights of way within the boundaries of the Town of
Wappinger, and any of the public property of the
Municipality and any easements over which the Municipality
exercises control and which may be granted for or dedicated
to compatible uses, such as electric, gas, telephone, or
other utility transmissions.
D. The Operator agrees to make its best efforts to utilize
existing utility poles in the construction and extension of
its Cable Television System. In the event the use of said
utility poles is not feasible, the Operator may erect its
own poles, and may erect such poles within the public
streets, roads or rights of way upon notice to the
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DRAFT 6/16/93
Municipality and subject to compliance with applicable
requirements of the Municipality's Superintendent of
Highways, whose approval shall not be unreasonably withheld.
E. The Operator will locate its facilities underground in
accordance with local laws, ordinances, rules and
regulations of areas of the Town of Wappinger where both
electric and telephone utilities are so located. In the
event that it is not feasible for the Operator to locate its
facilities underground in such areas, it may petition Town
Board for a waiver of this provision for due cause shown and
for permission to locate its facilities upon poles as the
Town Board may direct, subject to compliance with applicable
laws, rules and regulations.
F. The Operator will locate its facilities so as to cause
the least possible interference with the usual use of the
streets and so as to cause minimal interference with the
rights of property owners abutting said streets. In no
event, shall any Cable Television System equipment or
facility be located so as to unreasonably interfere with the
usual public travel on any street in the Town of Wappinger.
G. Upon prior notification to the Municipality, the
Operator may trim trees that are located in the
Municipality's rights of way to the minimum extent necessary
so as to prevent the branches from coming in contact with
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DRAFT 6/16/93
the wires, cables and other equipment of the Cable
Television System.
H. Where the Municipality requires the relocation of any
property of the Operator, the latter shall remove and
relocate or reinstall such property upon written notice, as
may be reasonably necessary to meet the requirements of the
Municipality.
I. Upon the request of a person holding a building or
moving permit issued by the Municipality, the Operator will
temporarily relocate its property so as to permit the
movement or erection of buildings. The expense of any such
temporary removal shall be paid in advance to the Operator
by the person holding the permit, who shall give the
Operator not less than ten working days prior written notice
to arrange for the changes required.
J. The Operator will obtain such additional prior approval
of the Municipality as may be required before performing any
work that will affect municipal property and the Operator
will promptly repair or replace any municipal property
damaged or destroyed by the Operator so that the affected
property is restored to its original or like condition to
the extent reasonably practicable.
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K. The Operator shall inform each owner and each
subscriber resident any residence or structure of any work
to be performed by the Operator that will affect that
property. The Operator will repair or replace any private
property damaged or destroyed by the Operator so that the
affected property is restored to its original or like
condition to the extent reasonably practicable, unless
otherwise agreed between the parties.
L. The Operator shall give notice to the Municipality and
to residents and commercial establishments in the vicinity
of proposed construction, excavation, laying or stringing of
cable under streets or on poles, not less than seven (7)
calendar days before the commencement of such work, if such
work will result in a substantial obstruction or
inconvenience to normal activity in the area such work is to
be performed.
M. The construction, installation, operation, maintenance
and/or removal of the Cable System shall meet all of the
following safety, construction and technical specifications
and codes and standards: Occupational Safety and Health
Administration Regulations (OSHA); National Electrical Code;
National Electrical Safety Code (NESC); National Cable
Television Standard Code; all applicable and pertinent
federal, State and Municipal construction requirements
including FCC Rules and Regulations and Rules & Regulations
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DRAFT 6/16/93
of the NYSCCT; all applicable building and zoning codes; all
applicable land use restrictions.
1. The Operator will comply with such specifications,
codes, and standards as they now exist and as they may be
amended hereafter.
2. The Municipality or its designee shall have the
right upon due notice to the Operator to inspect the Cable
System during normal business hours and to make such tests
as it shall deem necessary to ensure compliance with such
codes and standards, the terms of this Agreement, and all
other applicable and pertinent laws and regulations, so long
as such tests are reasonable and do not interfere with the
operation or the performance of the facilities of the Cable
System.
a. The Operator shall cooperate fully with the
Municipality or its designee during all such inspections and
tests, and shall provide access to all records, materials,
and information necessary for the conduct of such
inspections and tests, subject to the requirements relating
to the protection of confidentiality of subscriber records.
b. Such inspections and tests shall be performed
without cost to the Operator other than expenses for the
Operator's personnel if the presence or assistance of such
personnel is necessary for the conduct of such inspection or
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DRAFT 6/16/93
test, or if the presence or assistance of such personnel is
required by the Operator. In the event such inspection or
testing determines that the Operator is not in compliance
with existing Regulations and Codes, the Operator shall
reimburse the municipality for all reasonable costs incurred
in making such inspections and tests.
N. All contractors or subcontractors of the Operator must
be properly licensed and insured under all applicable
federal, State, and local laws and regulation.
O. Except where there exists an emergency situation
necessitating a more expeditious procedure, the Operator
shall use its best efforts to interrupt Cable Service for
the purpose of repairing or modifying the Cable System only
during periods of minimum use. Whenever such an
interruption is scheduled, the Operator shall provide at
least twenty-four hours prior notice to subscribers that
will be affected by the interruption through a character -
generated announcement on a channel commonly utilized by the
Operator to communicate with its subscribers about their
Cable Service. The Operator also shall provide notice to
the Municipality at least twenty-four (24) hours prior to
the time the interruption is scheduled to occur; Operator
may provide such notice by telephone or by FAX transmission
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DRAFT 6/16/93
or in writing. Operator will comply with all applicable
Federal and State Regulations.
SECTION 2. FACILITIES AND EQUIPMENT
A. The Operator shall complete a technical upgrade and
rebuild of the current Cable System within two (2) years of
the Effective Date of this Agreement. The resulting Cable
System shall have a minimum capacity of 450 MHz. or 60
channels.
1. The Operator will make reasonable efforts in good
faith to maximize the number of energized channels available
to subscribers and provide to those subscribers a wide
diversity of programming sources and services.
2. The Operator shall present to the Municipality a
plan for the completion of the rebuild and upgrade within
thirty days of the Effective Date of this Agreement. This
plan shall include:
a. A detailed map of the entire franchise area
clearly indicating all street names and accurately
indicating the areas to be affected by the upgrade and
rebuild, and confirming that the proposed upgrade and
rebuild shall encompass all areas of the Town now served.
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DRAFT 6/16/93
b. A description, in stages and in chronological
order, of how the completion of the upgrade and rebuild is
expected to proceed.
c. Notification of whether the newly rebuilt and
upgraded Cable System will be activated in stages or upon
completion of the entire project and the projected date(s)
this will occur. (It is understood that all dates provided
by the Operator about the rebuild and upgrade are for
informational purposes only and that the Operator will
remain in compliance with the terms of this Section of this
Agreement as long as the rebuild and upgrade are completed
within two (2) years of the Effective Date of this Agreement
and the required plans are tendered to the Municipality
within thirty days of the Effective Date of this Agreement.)
3. The conduct of the Operator's rebuild and upgrade
shall conform to the plans submitted by the Operator. The
Operator shall inform the Municipality in writing of any
substantial deviations from those plans, no more than 30
days after such deviations become known to Operator.
B. Parental control devices capable of securing individual
channels from being heard and viewed will be made available
to all subscribers, upon request.
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DRAFT 6/16/93
C. The Operator shall construct and operate the Cable
System in such a manner as to deliver in proper form,
directly to the television receivers of its subscribers,
those stereo audio signals and other similar special audio
signals that accompany the television signals received and
distributed by the Operator.
D. During the rebuild and upgrade and any extension of the
Cable System, the Operator shall use materials of good and
durable quality and all work involved in the construction,
installation, extension, maintenance and repair of the Cable
System throughout the term of this Agreement shall be
performed in a safe, thorough and reliable manner subject to
applicable regulations.
E. Upon written request by the Municipality, the Operator
shall provide a free installation of Cable Service to one
television reception outlet, and shall provide without
charge a basic level of subscriber service for one such
outlet, to each qualified public and private school, police
station, firehouse, volunteer ambulance corps facility,
municipal building, public library, and Municipality -
sponsored senior citizen center located within 200 feet of
the Cable System and within the Town of Wappinger. For
purposes of determining the Operator's obligations under
this Section 2 (E), a qualified school shall include only a
school offering primary or secondary education (grades K
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DRAFT 6/16/93
through 12) properly licensed or certified by the State of
New York, and the Dutchess County Community College.
SECTION 3. PUBLIC, EDUCATION, AND GOVERNMENT ACCESS
The Operator shall comply with Section 595.4 of the Rules
and Regulations of the NYSCCT pertaining to public,
educational, and governmental (PEG) access to the Cable
System.
SECTION 4. SERVICE QUALITY
A. The Operator shall maintain and operate its Cable
Television System at all times in compliance with the
applicable technical performance standards and requirements
of the NYSCCT and the FCC.
B. The Operator shall maintain staffing levels and support
equipment to assure that telephone inquiries are handled
promptly in order to minimize busy signals and hold time in
accordance with all applicable regulations.
C. The Operator shall have on call at all times a person
able to perform at least minor repairs or corrections to
malfunctioning equipment of the Cable System.
1. The Operator shall have in place at all times and
shall maintain a system for receipt of subscriber complaints
and reports of service problems or service interruptions.
Such a complaint and reporting system shall allow
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DRAFT 6/16/93
subscribers to call in a complaint or report a problem by
telephone at any time of day, on all days of the year, and
such reports shall be received by company agents or recorded
and monitored so that prompt response may be initiated as
appropriate.
2. The Operator shall initiate response to all
service complaints promptly and in no case later than the
following business day. An appropriate response to reports
of service interruptions shall be initiated as promptly as
is feasible and in no case later than within 24 hours
following receipt of the reports of service interruption,
unless general emergency conditions make such response
impossible.
3. Whenever the Operator becomes aware that the
volume of incoming telephone calls exceeds the capacity of
the Operator's telephone answering system to accommodate
normal receipt of complaints and reports, the Operator shall
promptly take action to put in place an audio message on its
telephone system to inform callers that an outage or other
emergency is in progress and that appropriate repairs or
other actions are underway, and explaining the appropriate
procedure for making subsequent reports or seeking credit of
subscriber charges if appropriate.
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D. The Municipality shall have the right and authority to
request an inspection or test of the Cable System by the
NYSCCT, the FCC, or to have such inspection or test
performed at the Municipality's expense. The Operator shall
fully cooperate in the performance of such testing.
SECTION S. RATES FOR SERVICE
A. Rates and charges imposed by the Operator for Cable
Service shall be subject to the approval of the Municipality
and the NYSCCT to the extent consistent with applicable
State and federal law. The rates for any Cable Service for
which approval is required shall be deemed part of the
franchise whether or not the same are specifically set forth
therein.
B. All rates and charges associated with the provision of
Cable Service shall be published, with the exception of
temporary special and promotional rates. A written schedule
of all such rates currently in effect shall be available and
obtainable in person or by mail upon request during business
hours at the Operator's business office and at the offices
of the Municipality, and shall be provided to each
subscriber and the Municipality annually.
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SECTION 6. LIABILITY
A. The Municipality will be held harmless and indemnified
from all liability, damage, cost, or expense arising from
claims of injury to persons or damage to property by reason
of any conduct undertaken in the Town of Wappinger by the
Operator its agents, servants, employees, contractors or
subcontractors in the operation of the Cable System.
B. By its acceptance of this franchise, the Operator
specifically agrees that it will pay all reasonable expenses
incurred by the Municipality in defending itself with regard
to all damages and/or penalties mentioned in subsection A of
this section, provided the Municipality gives to the
Operator reasonable notice of claims for damage and
penalties upon receipt of same. These expenses shall
include out-of-pocket expenses such as attorney's fees. In
connection with the defense of claims for damages and/or
penalties mentioned in subsection A of this section which
may from time to time be brought against the Municipality as
a result of this franchise, the Operator shall have the
option of selecting the attorney or attorneys to represent
the Operator and the Municipality. Notwithstanding anything
to the contrary contained herein, the Municipality shall not
be indemnified or reimbursed in relation to any matter in
such action, suit, or proceeding to the extent which (i) the
Municipality shall finally be adjudicated to have been
guilty of or liable for negligence, willful misconduct or
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DRAFT 6/16/93
criminal acts, or (ii) the Municipality has entered into a
compromise settlement, without notice to or consent of the
operator, except to the extent that said compromise
settlement shall have been approved by a court of competent
jurisdiction after a hearing regarding which the operator
was given notice and the opportunity to be represented by
counsel.
C. By its acceptance of this franchise, the Operator
specifically agrees that it will maintain, throughout the
term of this Agreement, liability insurance insuring the
Municipality and the Operator with regard to all damages
and/or penalties mentioned in subsection A. of this Section
in the minimum amounts of:
1. $1,000,000 for bodily injury or death to any one
person within the limit, however, of $2,000,000 for bodily
injury or death resulting from any one incident.
2. $500,000 for property damage resulting from any one
accident.
D. A certificate evidencing the insurance coverage herein
provided shall be delivered by the Operator to the
Municipality within 30 days after the Effective Date of this
Agreement. The Municipality will be an additional insured
on any and all such policies or coverages.
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SECTION 7. FRANCHISE FEE
A. The Operator will pay to the Municipality on a quarterly
(quarter -annual) basis throughout the term of this Agreement
a sum totalling three percent 3% of Gross Receipts received
by the Operator during each quarterly period, less any
amount due the NYSCCT for such period.
1. The first quarterly period for the purpose of the
payment of the franchise fee pursuant to this section shall
begin on the Effective Date of this Agreement and extend to
the end of the subject calendar quarter, and payments for
this period shall be prorated appropriately. Subsequent
quarterly periods shall coincide with the calendar year
(January -February -March, April -May -June, July -August -
September, October -November -December). Payments, shall be
due by a date thirty-one (31) days following the close of
each calendar quarter.
B. The Operator shall submit to the Municipality a
statement containing sufficient information necessary to
permit the Municipality to independently verify that payment
of the franchise fee has been fully and accurately made.
The statement shall be submitted at the same time as payment
of the franchise fee is made. The statement shall include
gross receipts itemized by category, both cable and non -
cable, with accompanying subscriber data.
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1. The accuracy of the statement may be independently
audited by the Municipality at any time at its own expense,
subject to the obligations of the Operator to protect the
confidentiality of subscriber records under applicable State
or federal law.
a. If an error of greater than 5% of the correct
franchise fee owed is found, the Operator shall promptly
reimburse the Municipality for all expenses incurred in the
conduct of the audit, in addition to any additional fee owed
the Municipality.
b. However, if the Operator disputes the findings
of the Municipality's audit, the disputed amount shall be
placed in escrow until a final judgment is rendered by a
court of competent jurisdiction. As an alternative to
litigation, the parties may agree to abide by a final
judgement arrived at through binding arbitration.
c. Any final judgment for the Municipality that
shows an error of greater than 5% shall result in a
requirement that the Operator reimburse the Municipality for
court costs or arbitration fees incurred by the
Municipality.
2. Subject to the obligation of the Operator to
protect the confidentiality of subscriber records under
applicable State and federal law, the underlying books and
records of the Operator may be audited on the Municipality's
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DRAFT 6/16/93
behalf as is reasonably necessary to effect such independent
audit of the statement and the Operator shall cooperate
fully with the Municipality and its agents in the conduct of
the audit.
C. In addition to the quarterly fee payment described
above in Paragraph A. of this Section 7 of this Agreement,
the Operator shall make a one-time payment to the
Municipality of an additional sum of sixty thousand
($60,000.00) dollars to be used by the Municipality in
support of its "Senior Citizens" Center or for any other
appropriate purpose determined by the Municipality. Such
one-time payment shall be paid at a time and in a manner to
be determined by the Municipality in coordination with the
Operator, but in no event later than one year following the
Effective Date of this Agreement.
SECTION S. TRANSFER OF OWNERSHIP OR CONTROL OF CABLE SYSTEM
A. The Operator shall not transfer this franchise to any
other person, firm, company, corporation, or entity without
the prior approval of the Municipality.
B. The Operator shall file with the Municipality prompt
notice of any proposed transfer of control for which
approval is legally required from the Municipality or the
NYSCCT.
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C. The Municipality shall not unreasonably withhold its
approval of a request for transfer of the franchise or
transfer of control filed by the Operator.
1. For the purpose of determining whether it shall
consent to such change, transfer, or acquisition of control,
the Municipality may inquire into the legal, financial,
character, technical and other public interest
qualifications of the prospective controlling party, and the
Operator shall assist the Municipality in any such inquiry.
2. Failure to provide all transfer related information
reasonably requested by the Municipality as part of said
inquiry shall be grounds for denial of the proposed change,
transfer, or acquisition of control.
D. The Municipality shall act on a request for any consent
or approval required by this section within 60 days of such
request.
E. The Municipality may approve a request for transfer
contingent on compliance with standards, terms or conditions
within its purview, as permitted by federal or State law and
regulation or as permitted by the terms of this Agreement,
provided that such standards, terms or conditions are not
inconsistent with the terms, rights and privileges granted
to the Operator under this Agreement.
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F. In the event the Municipality refuses to approve a
request for transfer it shall specifically set forth its
reasons for its decision in writing by municipal resolution.
SECTION 9. COMMUNICATION BETWEEN OPERATOR AND MUNICIPALITY
A. Formal notices made by the Municipality to the Operator
as required by any provision of this Agreement must be in
writing, by registered first class U.S. mail, return receipt
requested. Notices to the Operator shall be addressed to:
U.S. Cablevision Corp.
38 Old Route 9
P.O. Box 889
Wappingers Falls, New York 12590
Attention: General Manager
with a copy to:
U.S. Cablevision Corp.
20 Washington Place
Providence, Rhode Island 02901-0969
Attention: President
B. Unless otherwise required, notices required to be made
by the Operator to the Municipality pursuant to the
provisions of this Agreement may be made in writing, by
telephone or by FAX transmission. Any such written notices
to the Municipality shall be addressed to:
Town of Wappinger
Town Hall
20 Middlebush Road
P.O. Box 324
Wappingers Falls, New York 12590
Attention: Town Supervisor
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DRAFT 6/16/93
C. The parties will notify each other of any change in
this information within fifteen days of such change.
SECTION 10. ACCOUNTABILITY PROVISIONS
A. It shall be the obligation of the Operator to promptly
file with the Municipality copies of any and all reports,
applications, petitions, requests, submissions, responses or
other communications that have been submitted or provided by
the Operator to the FCC or NYSCCT or other governmental
agency and that are required to be provided to the
Municipality by current or future law or rule, or any
further modification or amendment thereof, including without
limitation applications to the NYSCCT pursuant to sections
821 and 822 of article 28 of the New York State Executive
Law ("Executive Law"), notices of program service deletions
required to be given to the Municipality pursuant to section
824-a of the Executive Law, notices of abandonment that may
be governed by section 826 of the Executive Law, requests
for modification of franchise obligations or renewal of
franchise rights that are required to be given to the
Municipality pursuant to sections 625 or 626 of the CCPA (47
U.S.C. sections 545 or 546), requests for modification of
any subscriber rates or charges that may be subject to
regulation by the Municipality pursuant to applicable
federal law, requests submitted to the FCC for "special
relief" pursuant to section 76.8 of the FCC regulations and
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DRAFT 6/16/93
that would directly affect the Municipality if granted;
Provided, however, that the obligation of the Operator to
submit any such information or documentation shall be
limited to the extent necessary to permit the Operator to
protect the confidentiality of subscriber information as
required by State or federal law or to protect confidential
or proprietary business information or commercial trade
secrets.
B. The Operator shall maintain the following records:
1. A record of all service repair orders received
including the date and time received, nature of complaint,
date and time resolved, and action taken to resolve or
current status if not resolved.
2. A log showing, when known, the date, approximate
time and duration, type and probable cause and resolution of
all Cable System outages, whole or partial due to causes
other than routine testing or maintenance.
C. The Municipality reserves the right to inspect any and
all pertinent records the Operator is required to maintain
pursuant to this Agreement or applicable laws and
regulations upon reasonable notice and during normal
business hours. The Operator shall promptly make such
materials available at its local business office, subject to
the obligation of the Operator to protect the
confidentiality of subscriber records.
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DRAFT 6/16/93
D. Once during the first quarter of each calendar year
during the term of this Agreement, at the request and
invitation of the Municipality, the Operator's System
Manager or Regional Manager shall appear at a public session
scheduled by the Municipality to answer the inquiries of
representatives of the Municipality and the residents of the
Town of Wappinger pertaining to the operation of the Cable
System in the Town of Wappinger and to present a report on
the operation of the Cable System.
E. The Municipality may adopt additional reasonable
regulations as it may find necessary in the exercise of its
police power that are consistent with and not in
contravention of the provisions of this Agreement and
applicable laws and regulations.
F. The Operator shall provide to the Municipality copies of
all general correspondence to its subscribers, including but
not limited to the forms of surveys sent generally to all
subscribers within the Town of Wappinger.
SECTION 11: CONSUMER SERVICES AND PROTECTION
A. The Operator shall respond to trouble calls, and shall
conform its subscriber billing practices, in the manner
prescribed in the applicable provisions of all applicable
f
rules and regulations.
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DRAFT 6/16/93
B. Consistent with all applicable federal and State
requirements, the Operator shall maintain and operate a
local customer service center and bill payment location
which shall be open at least during normal business hours
and which shall be conveniently located within its Service
Area and which shall operate for the purpose of receiving
and resolving all complaints, including without limitation
those regarding service, equipment malfunctions or billing
and collection disputes.
1. In addition to being open for walk-in business,
the business office shall have a publicly listed, toll-free
telephone number.
2. The Operator shall periodically, and at various
times of the day, present its business office address and
publicly listed toll-free telephone number by means of
alphanumeric display on a channel regularly used by the
Operator to communicate with subscribers and about aspects
of its Cable Service.
3. In the event the Operator moves its primary
business office outside the Town of Wappinger during the
term of this Agreement, the Operator shall arrange to have
an agent within the Town of Wappinger for receiving payment
of bills.
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DRAFT 6/16/93
C. A subscriber who is dissatisfied with the Operator's
handling or resolution of a complaint may petition the
Municipality or the NYSCCT at any time for assistance in
reaching a satisfactory resolution.
D. The Operator will discontinue charging subscribers for
Cable Service or any portion thereof on the date cessation
of such service or portion thereof was requested by the
subscriber, provided the subscriber surrenders any equipment
of the Operator necessary for receiving such service at the
time mutually agreed upon between the Operator and the
subscriber, and provided that the Operator is not prohibited
hereby from sending its subscriber bills in advance of
service periods nor from sending subsequent bill notices
reflecting the correct amount of pro -rated charges actually
due.
E. Employees of the Operator shall not enter a customer's
home without the permission of the customer or under other
appropriate legal authority.
F. Each representative or employee of the Operator
entering upon private property on the Operator's business
shall be required to have, and produce on request, an
employee identification card issued by the Operator bearing
a picture of said representative.
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DRAFT 6/16/93
G. The Operator shall provide for display a standard
photo -identification document to all employees, including
employees of subcontractors, who will be in contact with the
public. Such documents shall include a telephone number
that can be used to verify identification.
H. The Operator shall respond within twenty (20) days to
all written inquiries of subscribers.
SECTION 12. PERFORMANCE BONDS
A. The Operator shall provide a construction surety bond
in the amount of twenty-five thousand dollars ($25,000)
�kw until the rebuild and upgrade of the Cable System required
in Section 2 is completed and shall maintain a performance
surety bond in the amount of ten thousand dollars ($10,000)
for the remaining term of this Agreement.
1. Each surety bond shall be provided and regulated
in accordance with the provisions of this Section.
2. Each surety bond shall be provided within thirty
(30) days of the Effective Date of this Agreement.
3. Each surety bond shall provide that there shall be
recoverable by the Municipality jointly and severally from
the principal and surety bond, subject to then existing
limits of the surety bond any and all damages, losses, costs
and expenses suffered or incurred by the Municipality
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DRAFT 6/16/93
resulting from the failure of the Operator to faithfully
comply with the terms and conditions of this Agreement as
pertains to each specific bond.
4. Each surety bond required herein shall be in a
form satisfactory to the Municipality and shall require
thirty (30) days written notice of any non -renewal,
alteration or cancellation to both the Municipality and the
Operator. The Operator shall, in the event of any such
cancellation notice, obtain, pay all premiums for, and file
a replacement bond within forty-five (45) days following
receipt by the Municipality or Operator of any such notice
of cancellation.
5. The Municipality shall not seek recovery from the
surety bonds until it has provided the Operator with at
least sixty (60) days to cure any defaults as specified
herein.
B. In the event that the Municipality has reason to
believe that it has suffered or incurred damages, losses,
costs, or expenses, as a result of a default by the Operator
in the performance of its obligations under this Agreement,
except as excused by force majeure and other circumstance
beyond the Operator's control enumerated in Section 13.D. of
this Agreement, the Municipality shall notify the Operator
in writing of the provision or provisions which the
Municipality believes may be in default. The Operator shall
have sixty (60) days from the receipt of such notice to:
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DRAFT 6/16/93
1. Respond to the Municipality in writing, contesting
the Municipality's assertion of default and providing such
supporting information or documentation as may be necessary
or;
2. To cure any such default or, in the event that by
nature of the default such default cannot be cured within
such sixty (60) day period, to take reasonable steps to cure
the default and diligently continue such efforts until said
default is cured. The Operator shall report to the
Municipality in writing, at thirty (30) day intervals, as to
the Operator's efforts, indicating the steps taken by the
Operator to cure the default and reporting the Operator's
progress until such default is cured.
C. In the event the Municipality believes that a default
continues to exist and the Operator fails to comply with the
terms of Section 12.B. herein, the Municipality may convene
a public hearing on reasonable notice at which hearing the
Operator may be heard and after which the Municipality shall
specify its complaint against the Operator.
1. The Municipality and Operator may agree on the
appointment of an impartial person to act as a factfinder
who shall fix a date for a hearing at which evidence shall
be received and a record kept of evidence of the complaint.
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DRAFT 6/16/93
2. The factfinder shall report in writing to both
parties with his or her findings of fact. The Municipality
shall make a finding of violation or no violation based on
those findings.
3. In the event that the Municipality after such
hearing determines that the Operator is in default of any
such provision of this Agreement, the Municipality may also
determine to pursue any or all of the following remedies:
a. Foreclose on all or any part of the surety
bonds provided pursuant to this section, provided, however,
the foreclosure shall be in such amount as the Municipality
reasonably determines is necessary to recover its damages,
losses, costs, or expenses, as a result of the default and
any reasonable costs in connection with the foreclosure.
b. commence an action at law for monetary
damages, including the expenses of the factfinding hearing.
C. Any other recourse as available by law or
federal or State regulation.
D. The Operator shall not be held to be in default,
violation, or noncompliance with the provisions of this
Agreement where such default, violation, or noncompliance is
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DRAFT 6/16/93
a result of force majeure or other circumstances beyond the
control of the Operator, as enumerated in Section 13.D. of
this Agreement, are deemed to exist. No decision by the
Municipality to invoke any remedy under this Agreement or
under any statute, law or regulation shall preclude the
availability of any other remedy.
E. Whenever monies are taken from the performance bond
pursuant to this section, the Operator must replenish the
bond to the amount required by this Agreement.
F. The Operator may withdraw the construction bond upon
completion, satisfactory to the Municipality, of the upgrade
and rebuild of the Cable System required under Section 2 of
this Agreement.
SECTION 13. CONDITIONS PERMITTING REVOCATION
A. Except during the final twelve months of this
Agreement, the Municipality may revoke this Agreement for
the following material breaches of this Agreement:
1. Failure to complete the required rebuilds and
upgrades as provided for in section 2 of this Agreement;
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DRAFT 6/16/93
2. Reporting fraudulent information to the
Municipality or displaying gross negligence in the
preparation, transmission or maintenance of information
required under this Agreement;
3. Failure to pay taxes or fees due the Municipality
or, if the amount to be tendered under this Agreement is in
dispute, failure to pay taxes or fees due the Municipality
as finally determined by a court of competent jurisdiction.
4. Failure to maintain insurance at the levels
required by this Agreement.
5. Failure to establish and maintain the performance
bonds as required by this Agreement.
6. Failure to obtain prior approval of the
Municipality for transfer of the franchise as required by
this Agreement.
B. No revocation provided for in this section shall be
effective unless and until the Municipality shall have
provided:
1. Prior written notice of at least thirty (30) days
to the operator, and
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DRAFT 6/16/93
2. An opportunity has been provided for the Operator
to be fully and fairly heard in a public session of the Town
Board duly advertised to the public and held within 60 days
of the aforementioned notice.
C. The Operator retains all rights of judicial appeal
provided by federal and State law or regulation.
D. In no event, and notwithstanding any contrary provision
in this section or in this Agreement, shall this franchise
be subject to revocation or the Operator be liable for
breach of this Agreement during the period of time where
substantial noncompliance or failure to take reasonable
steps to remedy a duly noticed material provision, is due to
war, government restrictions, embargo, civil commotion,
strikes or work stoppage, fires, and any act of God or other
similar condition beyond the control of the Operator.
Provided the Operator timely informs the Municipality of
such circumstance, the Operator shall be released from
specific obligations herein so affected, except for
provisions guaranteeing public safety, during the course of
any such conditions, and the time specified for performance
of the Operator's obligations hereunder shall automatically
extend for a period of time equal to the period of the
existence of any such conditions which interferes with the
performance of the Operator's obligations.
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SECTION 14. PROGRAMMING
A. Subject to the limits upon the authority of the
Municipality to regulate the services provided by the
Operator under applicable State and federal law, the
Operator shall provide, at a minimum, the following broad
categories of programming:
1. Broadcast Stations as required by federal law.
2. Children's Programming.
3. Music Programming.
4. Government and Public Affairs Programming.
5. News Programming.
6. Religious Programming.
7. Sports Programming.
8. General Entertainment Programming.
9. Ethnic Programming.
10. Pay TV Programming.
11. Shopping Services.
12. Educational Programming.
B. Subject to the conditions expressed in Paragraph 14.A.
herein above, the Operator shall maintain, at a minimum, the
mix, quality, and level of programming set forth in this
Section.
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DRAFT 6/16/93
SECTION 15. TERM
This Agreement shall expire ten (10) years from the
Effective Date of this Agreement.
CLOSING STATEMENTS:
1) The Operator may apply to the Municipality for a
temporary waiver of any provision of this Agreement or for
an extension of time to comply with any provision of this
Agreement. The Municipality may grant such waiver or
extension for good cause shown. The Municipality may
require the Operator to submit information necessary to
support such request for waiver or extension.
2) All references within this Agreement to the
applicability of the current or future rules, regulations,
standards or requirements of the FCC or the NYSCCT are
hereby expressly conditioned upon the validity and
enforceability of such rules or regulations and subject to
any waivers thereof by action of the FCC or the NYSCCT,
respectively.
3) The validity of the ten (10) year term of this
Agreement and the franchise rights of the Operator shall be
considered a material element of this Agreement. Should any
other provision of this Agreement be held invalid by a court
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DRAFT 6/16/93
or regulatory agency, the remaining provisions of this
Agreement shall remain in full force and effect.
4) Subject to the obligation of the Operator to protect
the confidentiality of subscriber records under applicable
State or federal law, the Municipality reserves the right to
inspect all pertinent books, records, maps, plans, financial
statements, and other like materials of the Operator upon
reasonable notice and during normal business hours.
5) The Operator will not refuse to hire an employee, nor
bar or discharge from employment, nor discriminate against
any person in compensation or in terms, conditions or
privileges of employment because of age, race, creed, color,
national origin or sex.
6) This Agreement is subject to the approval of the
NYSCCT.
7) This franchise is non-exclusive. It is the
understanding and agreement of the parties hereto that the
Municipality may grant other franchises at any time, subject
to applicable federal and State laws and regulations. If
such a franchise is granted, the Municipality shall give
notice to the Operator of such grant. Upon the request of
the Operator, the Municipality shall amend the terms of this
Agreement to reflect any more favorable provisions of such
DRAFT 6/16/93
other franchise agreement entered into by the Municipality
during the term of this Agreement, provided that the
Operator agrees to comply with other lawful provisions of
such other franchise agreement.
8) The official responsible for administration of this
Agreement on behalf of the Municipality shall be the Town
Supervisor, or such other official as may be designated
hereafter by the formal action of the Municipality.
9) This Agreement shall be governed by the laws of the
State of New York and is subject to the applicable
provisions of federal law and regulations including the
COPA.
10) By execution of this Agreement neither the Operator nor
the Municipality waives any rights either may have under
federal, State or local law.
[ Jurats ]
Town of Wappinger
Constance O. Smith, Supervisor
U.S. Cablevision Corp.
Bruce A. Clark
President
40
DRAFT 6/16/93
REVISED DRAFT FRANCHISE RENEWAL AGREEMENT
6TH REVISED DRAFT 6/16/93 (JNK)
(based on JNK drafts of 4/11/92, 5/11/93, and 5/18/93 town suggestions and meetings of 5/6/93 and
5/13/93)
41
930726.RGM
i7,
people of the Town of Wappinger to designate and formally
establish the aforementioned full stop streets.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby introduces for adoption Local Law
# of the Year 1993 in the form annexed hereto.
2. 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.
3. The Town Board has caused to be completed Part 1 and
Part 2 of the short form EAF for this project in the form
annexed hereto.
4. The Town Board has reviewed the intended action with
respect to the criteria set forth in Part 617.11 NYCRR, and
hereby determines the intended action will not create any
significant adverse impacts on the environment and hereby issues
a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project.
5. The Town Supervisor is hereby authorized to execute Part
3 of the short form EAF and the Town Clerk is further directed
to provide for the filing and distribution of same as provided
by law.
BE IT FURTHER RESOLVED that the Town Board hereby schedules
a Public Hearing on the proposed adoption of Local Law #
of the Year 1993 to be held at the Town Hall on the 23rd day
of August, 1993, at 6:45 P.M. o'clock in the evening and
that the Town Clerk is directed to post and publish notice
of the Public Hearing in the form annexed hereto.
Seconded by Councilman Valdati
Roll Call Vote: 5 Ayes 0 Nays
The next item was the introduction of the Proposed Local Law
Amending Local Law #3 of 1980 and Local Law #2 of 1982,
Increasing Redemption Fees for Impounded Dogs was placed before
the Board.
The following Resolution was presented by COUNCILWOMAN VISCONTI
who moved its adoption:
WHEREAS, the Town Board has recently received a
recommendation from the Dog Control officer to increase the
redemption fees for dogs impounded; and
WHEREAS, the Town Board has determined that it is in the
best interests of the people of the Town of Wappinger to
increase the redemption fees for dogs impounded and to include
in such fees all costs incurred by the Town in impounding a dog.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby introduces for adoption Local Law
# of the Year 1993 in the form annexed hereto.
Page 9
\ 930726.RGM
2. The Town Board hereby determines that it is the only
involved agency in this action and hereby determines that an
increase in redemption fees for impounded dogs is an exempt
action under SEQRA for which no environmental review is required
and no environmental studies need be undertaken.
3. The Town Board hereby schedules a public hearing on the
proposed adoption of Local Law * of 1993 to be held at
the Town Hall on the 23rd day of August, 1993, at 6:55 P.M.
o'clock in the evening and that the Town Clerk is directed to
post and publish the notice of Public Hearing in the form
annexed hereto.
Seconded by: Councilman Valdati
Roll Call Vote: 5 Ayes 0 Nays
The Town Board proposes to be the Lead Agency with regard to the
proposed action under the procedures and requirements of the New
York State Environmental Quality Review Act (SEQRA) in the
Proposed Municipal Service Development, "Wappinger Emergency
Services Building"; and adopt a Resolution prepared by Dan Wery
giving reasons why there is a Negative Declaration.
COUNCILWOMAN VISCONTI moved to declare the Town Board as Lead
Agency in regard to the proposed "Wappinger Emergency Services
Building".
Seconded by Mr. Valdati
Roll Call Vote: 5 Ayes 0 Nays
The Bond Resolution dated July 26, 1993 was presented. A
Resolution authorizing the issuance of $1,500,000 Serial Bonds
of the Town of Wappinger, Dutchess County, New York, to pay the
cost of the construction of an Emergency Services Building to
be located on a parcel of town -owned land adjacent to the Town
Hall at Middlebush Road, in Wappinger Falls, New York, in and
for said town.
The following Resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption:
WHEREAS, the capital project hereinafter described has been
determined to be a Type 1 Action pursuant to Local Law No. 6 of
1992 of the Town of Wappinger and the regulations of the New
York State Department of Environmental Conservation promulgated
pursuant to the State Environmental Quality Review Act, the
implementation of which as proposed, the Town Board has
Page 10
9
930726.RGM
14)
determined will not result in any significant environmental
effects; and
WHEREAS, it is now desired to authorize the financing of
said capital project; NOW, THEREFORE,
BE IT RESOLVED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. For the specific object or purpose of paying the
ow cost of the construction of an Emergency Services building to be
located on a parcel of Town -owned land adjacent to the Town
Hall, at Middlebush Road, in Wappingers Falls, New York,
including original furnishings, equipment, machinery, apparatus,
appurtenances, and incidental improvements and expenses in
connection therewith, there are hereby authorized to be issued
$1,500.000 serial bonds of the Town of Wappinger, Dutchess
County, New York, pursuant to the provisions of the Local
Finance Law.
Section 2. It is hereby determined that the maximum
estimated cost of the aforesaid specific object or purpose is
$1,500,000, and that the plan for the financing thereof shall
consist of the issuance of the $1,500,000 serial bonds of said
Town authorized to be issued pursuant to this bond resolution.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is thirty years, pursuant to subdivision 11(a) of paragraph of a
Section 11.00 of the Local Finance Law. It is hereby further
determined that the maximum maturity of the serial bonds herein
authorized shall exceed five years.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, form and contents,
and shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with the provisions of the Local Finance
Law.
Section 5. The faith and credit of said Town of Wappinger,
Dutchess County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year. There shall annually be levied on all the
taxable real property in said Town a tax sufficient to pay the
principal of and interest on such obligations as the same become
due and payable.
Section 6. Such bonds shall be in fully registered form and
shall be signed in the name of the Town of Wappinger, Dutchess
County, New York, by the manual or facsimile signature of the
Supervisor and a facsimile of its corporate seal shall be
imprinted thereon and attested by the manual or facsimile
signature of the Town Clerk.
Section 7. The powers and duties of advertising such bonds
for sale, conducting the sale and awarding the bonds, are hereby
delegated to the Supervisor, who shall advertise such bonds for
sale, conduct the sale, and award the bonds in such manner as he
Page 11
� 930726.RGM
or she shall deem best for the interests of the Town; provided,
however, that in the exercise of these delegated powers, he or
she shall comply fully with the provisions of the Local Finance
Law and any order or rule of the State Comptroller applicable to
the sale of municipal bonds. The receipt of the Supervisor
shall be a full acquittance to the purchaser of bonds, who shall
not be obliged to see to the application of the purchase money.
Section 8. All other matters, except as provided herein
relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing
the method for the recording of ownership of said bonds,
appointing the fiscal agent or agents for said bonds, providing
for the printing and delivery of said bonds (and if said bonds
are to be executed in the name of Town by the facsimile
signature of its Supervisor, providing for the manual
countersignature of a fiscal agent or of a designated official
of the Town), the date, denominations, maturities and interest
payment dates, place or places of payment, and also including
the consolidation with other issues, shall be determined by the
Supervisor. It is hereby determined that it is to the financial
advantage of the Town not to impose and collect from registered
owners of such serial bonds any charges for mailing, shipping
and insuring bonds transferred or exchanged by the fiscal agent,
and, accordingly, pursuant to paragraph C of Section 70.00 of
the Local Finance Law, no such charges shall be so collected by
the fiscal agent. Such bonds shall contain substantially the
recital of validity clause provided for in Section 52.00 of the
Local Finance Law and shall otherwise be in such form and
contain such recitals in addition to those required by Section
52.00 of the Local Finance Law, as the Supervisor shall
determine.
Section 9. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money,
or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with, and an action, suit or
proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 10. This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Sections
1.150-2(d) and (e). Other than as specified in this
resolution, no monies are, or are reasonably expected to be,
reserved, allocated on a long-term basis, or otherwise set aside
with respect to the permanent funding of the object or purpose
described herein.
Section 11. Upon this resolution taking effect, the same
shall be published in full in the Southern Dutchess News,
together with a notice of the Town Clerk in substantially the
form provided in Section 81.00 of the Local Finance Law.
Section 12. This resolution is adopted subject to
permissive referendum in accordance with Section 35.00 of the
Local Finance Law.
Page 12
0
930726.RGM
Seconded by: Councilman Wallace
Roll Call Vote: 5 Ayes 0 Nays
Also, at this time, the Town Supervisor set a Public Information
Meeting with a full presentation to be held August 9, 1993 at
7:30 P.M. at the Town Hall.
A Rezoning Application from W. P. Nelson Construction, Inc., of
Rt. 52 Wicoppe Plaza, Hopewell Junction, New York, to change a
section of Maloney Road, Town of Wappinger, consisting of
approximately 1400' east of the intersection of Route 376 from
the present AI Zoning designation to RMF -5 Zoning designation
for the development of housing for Senior Citizens.
MRS. VISCONTI moved to accept the Application and refer to Al
Roberts, Attorney to the Town, to prepare the necessary
Resolutions.
Seconded by Mr. Mills
Motion Unanimously Carried
A Request from Ann E. Buckley, Comptroller for the Town of
Wappinger, for the transfer of Various Funds was presented to
the Board for their approval:
GENERAL FUND TOWN WIDE (A) FUND
Revenue 2070A Increase $2,500.00 Recreat./Contri
Account Agencies
Expenditure 7110.2A Increase $2,500.00 Parks/Equipment
Account
To pay for electric at Robinson Lane
Expenditure 5010.2A Decrease $ 316.90
Account
Expenditure 5010.4A Increase $ 316.90
Account
To reclassify budget line items
Revenue 3001A Increase $25,146.00
Account
Expenditure 1420.4A
Account
Increase $20,000.00
Page 13
Trans.Hwy/Equip.
Trans.Hwy/C.E.
St.Revenue Shar.
per capita
Attorney/C.E.
�3
N 930726.RGM
Expenditure 1440.4A Increase $ 5,000.00 Engineer/C.E.
Account
Expenditure 9050.8A Increase $ 146.00 Unemployment
Account Insurance
ADA and Tax Certiorari
Additional projects - Senior Citizens Expenses and Water
Line Highway Department
SEWER FUNDS
m
Watchhill Sewer (SH)
Expenditure 8110.4SH
Increase
$12,006.00
Administrative/
Account
C.E.
Expenditure 9789.6SH
Decrease
$12,006.00
Other Long Term
Account
Debt
To adjust budget line
items to reflect
debt to
Town of Fishkill
WATER FUNDS
Central Wappinger Water (WC)
Expenditure 9710.6WC
Increase
$ 100.00
Serial Bonds
Account
Principal
Expenditure 9730.6WC
Increase
$ 93.00
BAN Principal
Account
Payment
Expenditure 9730.7WC
Decrease
$ 193.00
B.A.N. Interest
Account
To adjust budget line
items to reclassify debt
Watchhill Water (WH)
Expenditure 8310.4WH
Increase
$ 4,700.00
Admin./C.E.
Account
Expenditure 8320.4WH
Increase
$ 4,700.00
Source of Supp.,
Account
Pwr. Pump
Approp. Fund 599 WH
Increase
$ 9,400.00
Approp.Fund
Balance Account
Balance
To adjust budget line items to reclassify for debt to Town of
Fishkill
MRS. VISCONTI moved to Approve and Authorize the Request for
the transfer of the following accounts:
GENERAL FUND TOWN WIDE (A) FUND - (1) To pay for electric at
Robinson Lane; (2) To reclassify budget line items; (3) ADA and
Tax Certiorari, Senior Citizens Expenses and Water Line Highway
Department. SEWER FUNDS - to adjust budget line items to
reflect debt to Town of Fishkill.; WATER FUNDS - to adjust
Page 14
930726.RGM
budget line items to reclassify debt; WATCHHILL WATER (WH) - to
adjust budget line items to reclassify for debt to Town of
Fishkill.
Seconded by Mr. Valdati
Motion Unanimously Carried
Communications from Emanuel F. Saris, Attorney for Tax Reviews,
for a proposed settlement between Wappingers Falls Owners
Corporation (Brack Construction Corporation) and reaffirm a
Stipulation of Settlement for Friendly Acura, were presented to
the Board.
MRS. VISCONTI moved to authorize the Signing of the Stipulation
of Settlement for Friendly Acura as proposed by Emanuel Saris in
his letter dated July 13, 1993.
Seconded by Mr. Valdati
Motion Unanimously Carried
MR. VALDATI moved to table and go into Executive Session, at the
end of the regular agenda regarding the matter of Wappingers
in.
Falls Owners Corp. (Brack Construction Corp.) and the Town of
Wappinger.
Seconded by Mr. Mills
Motion Unanimously Carried
A Bid Analysis was presented to the Board by Donald Swartz,
Architect and consultant, for expansion of the Senior Citizen
Center following the General Construction "Re -bid". He reported
receiving seven (7) new proposals, with a qualified low bid of
$94,782.00 which was submitted by Hansen Custom Buildings of
Middletown, New York. (This is a savings of $13,418.00 over our
previous bids.) The following were his recommendations as the
qualified low bids: General, Hansen Custom Builders -
$94,782.000; H.V.A.C., A.C. Smith - $13,450.000; Plumbing, A.C.
Smith - $8,450.000; Electric, Bragg Electric - $10,200.000 for a
total of $126,882.00.
Page 15
930726.RGM
The following Resolution was offered by COUNCILMAN MILLS who
moved its adoption:
WHEREAS, by resolution adopted on March 22, 1993, the Town
of Wappinger authorized the construction of an addition to Town
Hall to house the expanded needs of the Town sponsored Senior
Citizens' Center; and
WHEREAS, the resolution authorized the construction of the
addition to Town Hall containing approximately 858.6 square feet
at a maximum estimated cost of $89,958.00 in accordance with
plans prepared and drawn by Archetypes Architecture and
Planning, P.C. the cost of same to be paid out of unallocated
surplus general Town funds; and
WHEREAS, it has been determined that the original costs of
construction were underestimated upon analyses of in place
building components and soils conditions; and
WHEREAS, Donald Swartz, architect to the Town, has advised
the Town Board that their revised costs of construction should
not exceed a maximum estimated cost of $133,698.00; and
WHEREAS, the Town Board has sufficient unallocated surplus
general Town funds to pay for the additional costs of
construction.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1) The Town Board of the Town of Wappinger hereby
determines that it is in the best interest safety of the people
of the Town of Wappinger and in furtherance of the public
welfare to expand the existing Town Hall to house the additional
needs of the existing Senior Citizens' Center by constructing an
additional to the Town Hall containing approximately 858.6
square feet at a maximum estimated cost of $133,698.00, to be
paid out of unallocated surplus general Town funds.
2) The Town Board hereby modifies and amends their
Resolution of March 22, 1993, by increasing the maximum
estimated cost of the construction to the addition to Town Hall
from the sum of $89,958.00 to the sum of $133,698.00.
3) The Town Board, except as herein modified and amended,
hereby ratifies, adopts and reconfirms the Resolution of March
22, 1993.
4) The Town Board further authorizes the Supervisor to
enter into contracts with the lowest responsible bidders who
have submitted bids for the construction of the 858.6 square
foot addition to Town Hall.
Seconded by : Councilwoman Visconti
Roll Call Vote: 5 Ayes 0 Nays
At this time, Supervisor C. Smith recognized County Legislator
Beale who gave a report of the past 6 months of measures that
were presented to the Dutchess County Legislature.
Page 16
930726.RGM
UNFINISHED BUSINESS
There was none.
,4
NEW BUSINESS
Highway Superintendent, Graham Foster, would at this time like
to volunteer our Highway Department's Tank Vehicle to help fight
fires in the Town of Wappinger. That is, to aid Chelsea,
Hughsonville and New Hackensack Fire Districts in case of an
emergency, and at the request of either the Fire Chief or Fire
Alarm Headquarters to be used at their disposal. It would give
the three Fire Departments another 2,500 gallons of water to
fight a fire in the Town of Wappinger.
Supervisor C. Smith stated that she would notify the Town's
Insurance Carrier, Marshall and Sterling of the change with the
policy. She further stated that she would send a letter out to
the Fire Districts of Chelsea, New Hackensack and Hughsonville
stating that the Board has authorizes Mr. Foster to be available
and to be notified by the Fire Chief when needed.
MR. MILLS moved to authorize the Town give the Fire District
of Chelsea, New Hackensack and Hughsonville use of our Town's
Highway Department's tank vehicle to use when needed in case of
an emergency.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Councilman Mills stated that he had a copy of a letter from
Steve Collins regarding property in the Town of Wappinger which
would be up for Tax Sale that necessitated a reply by August 13,
1993. Mr. Mills would like to refer the letter to Jay Paggi,
Engineer to the Town, to see if some of the parcels could be
used for the Recreation Department, depending upon the price.
MR. MILLS moved to refer the letter to J. Paggi, Engineer to the
Town, for consideration of land parcels for possible use by the
Recreation Department.
Page 17
11
930726 . RGM
Seconded by Mr. Valdati
Motion Unanimously Carried
Councilman Mills would like to make a proposal to amend the
existing water conservation policy which is in force at this
time due to a large number of complaints. He would like to
amend the restriction of watering vegetable gardens by pails of
water to the use of a garden hose, under attendance for large
vegetable gardens.
MR. MILLS moved to amend the existing water restrictions to
allow the watering of vegetable gardens by hose (not a sprinkler
system) under attendance.
Seconded by Mr. Valdati
Motion Unanimously Carried
The Board went into Executive Session at 8:17 P.M.
The Board reconvened the Meeting at 8:30 P.M. with all Board
members present.
MRS. VISCONTI moved to authorize the Supervisor to discuss with
Emanuel F. Saris, Attorney for Tax Reviews, the boundaries of
his authority in regards to his settlement question as set forth
in his correspondence dated July 13, 1993.
Seconded by Mr. Valdati
Motion Unanimously Carried
MRS. VISCONTI moved to adjourn the Town Board Meeting, Seconded
by Mr. Wallace and unanimously carried.
The Meeting was adjourned at 8:55 P.M.
?-�'
a twL (��Jft—
Elaine Snowden
Town Clerk
Page 18
930726.PH
A Public Hearing was held by the Town Board of the Town of
Wappinger on July 26, 1993, at the Town Hall, 20 Middlebush
Road, Wappingers Falls, New York, on a proposed Local Law
Amending the Zoning Law and Zoning Map of the Town of Wappinger
by rezoning a parcel of land owned by the Satellite Castle
f Corporation from the present zoning classification of
Conservation Office Park (COP) to Highway Business (HB) and by
directing that the Zoning Map of the Town of Wappinger dated the
31st day of July, 1990, be amended to reflect such rezoning
classification.
Supervisor Smith opened the Meeting at 6:50 P.M.
Present:
Constance 0. Smith, Supervisor
James Mills, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Absent:
Robert Wallace, Councilman
The Town Clerk offered for the record, the Affidavits of Posting
and Publication duly signed and notarized. (These Affidavits
are attached hereto and made part thereof of the Minutes of this
Meeting).
Because the Town has not gotten any paperwork from the Planning
Board as yet, Supervisor Smith will set a Special Town Board
Meeting just prior to the Work Shop Meeting to vote on this.
MRS. VISCONTI moved to adjourn the Public Hearing to August 9,
1993, at 7:00 P.M., seconded by Mr. Valdati and unanimously
carried.
The Hearing closed at 6:50 P.M.
a-t��� &'eu CjL�
Elaine H. Snowden
Town Clerk
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
NOTICE OF PUBLIC HEARING
TOWN OF WAPPINGER
NOTICE IS HEREBY GIVEN the
Town Board of the Town of Wapp
Inger will conduct a PUBLIC HEAR-
ING on the 28th day of July, 1993,
at 8.48 p.m. at the Town Hal, Town
of W 20 MkldNbush Rced,
W opera Fall., New York, et
whk: time ail paril" In Interest and
cititen..hall have an opportunity to
be heard as to whether the Town
Soard of the Town of Wappinger.
shall adopt a proposed "Local Law
Amending the ZonhV Law and the
ZoninP Map of the Town.ot Wapp
Inger' by rezoning a parcel of land
owned by the SatellNe Ca"* Corp.
and located on the seat "of Rout
378 at Its intersection with Myers
Corners Road and designated on the
* Town of Waootrwer rex Mao$ as tax
present
of nConsnservation OfAoe Park ( M
Hlphwsy Bu$krese (HB) and by dkec.
tir thai the Zoning Map of the Town
of Vllappi�perated tM 31 a day M
,=, 9gg0 be amended to re8sa
such retonirp daseNkxdlon.
PLEASE' TAKE FURTHER
NOTICE that the Town Board of the .
Town of Waooinaer hes not mea
any Declarat of S1�Nicen� pw
$vent to the New York Stats En
vironmental Review Act.
PLEASE TAKE FURTHER
NOTICE that copka d the propce
ad Local Law ere awNabk fa review
and I at the office of the
Town Clerk ami weekday$ from 8:30
am. to 4:00 p.m.
BY ORDER, OF THE
TOWN BOARD OF THE
TOWN OF WAPPINGER
ELAINE SNOWDEN,
TOWN CLERK
DATED: JULY 12. 1983
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess, .--
Town of Wappinger.
Joan miller
....................................................... of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
Bookkeeper
times hereinafter was, the ..............................
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
published in the said newspaper for ..one. weeks
successively in each week, commencing on the
14th day of ,,.July 19 .93 and on the
following dates thereafter, namely on
and ending on the .,,14th day of .,July
19.9 3. both days inclusive.
Subscribed and sworn to before me
this ..14th... day of ........ uIly��,A,..... 199 933
Notary Public
My commission expires .......... RT ............
RACHEL WISHA
WARY PUBLIC. STATE OF NEW YORK
OUALIFiED IN DUTCHESS COUNTY
III 14-4855902
ISSION EXPIRES MARCH 31, ISS
Tc►WN BOARD: TOWN OF 1gAPP I NGF,I?.
DU'rCHFSS ("011NTY : NEW YORK
IN THE, MATTER
OF
NOTICE: OF PiJBLIC HEARING ON T1IE
PROPOSED LOCA.L, LAW AMENDING THE
ZONING. LAW OF AND 'ZONING MAF' OF
THE TOWN OF WAPPINGER.
STATE OF NEW YORK )
) ss.
COUNTY OF DUTCHESS )
AFFIDAVIT OF
POSTING
ELAINE, Il. SNOWDEN, being duly sworn, deposes and
says:
That, she i s the dt i l y e I r>ct.e d , cp►n I i f i e d and aet.'i n g '.town
Clerk of the 'Town of Wappinger, County of Dutchess and State
of New York.
That, oil J► ne 14, 1993, yoi.tr deponent-, posted a �op,y of the
attached notice of Public Hearing on the proposed "Local Law
Amending the Zoning Law and the Zoning Map of the 'town of
Wappinger" by rezoning a parcel of land owned by the Satellite
Castle Corporation and located on the east side of Roi.tte 376 at
Its intersection with Myei•s Corners Road and designated on the
'town of Wappinger tax Maps as tax grid numbers 19-6359-01-296627
from the present, zoning classification of Conservation Office
Park (COP) to Highwa,y Business (HB), on the signboard maintained
by your deponentiii her office in the 'town Halt of the Town of
Wappinger, 20 M i dd 1 ebiish Road, W(appi tigers Falls, Dutchess
County, New York. <-�
Elaine H. Snowden
Town C]_erk
Sworr► to before t,h i s �2w V4) day
of 1
1993.
Notary Public
,f,, jC_ —r� "e��
LINDA M. LIUCCI
Notary Public, State of NAWY0M
No. 2381720
Ouslified in Dutchess Counv 13
Commission Expires 10/31/1