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1982-10-13 PHA Public Hearing was held by the Town Board of the Town of Wappinger on October 13, 1982, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on a Petition for the Establishment of the Panoram Acres Lighting District in the Town of Wappinger. Supervisor Diehl opened the Hearing at 7:45 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: Joseph Schaetzl, Representative from Central Hudson 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 Hearing). Ron Fiddler, 3 Valley Road, was opposed to the Lighting District; it would change the neighborhood from rural to city type area; most people do not want a light outside of their window. He noted that the original petition for this district was submitted over two years ago and most of the people who signed it have changed their minds. He and his wife signed it and have changed their minds and would like to have their names removed. The puTpose of the district would mainly be to prevent tandalism and and he seriously doubted if lights would help.. He also brought out the fact that many of the residents who signed the original petition have moved from the area; the Board should take a poll of the residents present before the public hearing was over to determine their opinion on the establishment of a lighting district, Karl.DrOgi19 Hiview Rd. asked how they would consider the vote on this poll; would it be one vote for a home owner, would it be one vote for each person living in that development, would it be one vote for each lot owner who would also be assessed for this district. There are, he said approximately 68 houses in this area and he asked if the people who signed the petition still lived in the development. They had heard nothing since the petition was submitted, either written or verbal and pointed out that there were not enough people on the petition at the present time to warrant the establishment of a lighting district. Rose Clary, 24 Top 0' Hill Road, signed the original petition but heard nothing since. She thought it would be an initial cost, not an ongoing charge. She was opposed to the establishment of a lighting district. Uwe Pabst, 22 Hiview Road, was under the impression that the lights would be at the two junctions of the road. Now they are saying that every other pole should have a light which would change it from two lights to twenty-five lights. He was opposed to the district due to the fact that it would cost too much, however, two lights would not cost anywhere that when distributed between 65 customers. Richard Jack, 41 Hiview Road was opposed to what was being presented at the hearing. He thought he had signed a petition for one light at the intersection of Hiview Road and Top'O' Hill Road which he would be in agreement with at this time. He felt this would solve the vandalism problem. His understanding was that Central Hudson would not install a light at a junction of a Town road with a Town road, only at a Town road and County road intersection. Mr. Schaetzl was questioned on this and answered that there would be no problem putting a light at this intersection if that is what the residents wanted. Mr. Jack mentioned a second petition that was circulated, however seemed to be aware of it. Gordon Barnes, 20 Top 0' Hill Road agreed with Mr. Jack and thought that the petition was to light not one, but three inter- sections. It was news to him that the intent was to light every other pole. Fred Barson, 13 Top )O' Hill Road, asked if there were a minimum amount of lights required to establish a lighting district. Does it have to be every two poles or can they be spaced further apart. Mr. Schaetzl answered that you can establish a lighting district with as many or as few lights as you want to have installed. Carol White, 35 Hiview Road, was also under the impression that they were going to have lights at the corners, not in the whole area. Karl Droge, 19 Hiview Rd. spoke of a similar community that asked for a lighting district and lights were put on every other pole for safety purposes because when you are driving going in and out of lights affects the driving. He asked Mr. Schaetzl if they could put the lights where the residents wanted them for safety reasons. Mr. Schaetzl responded that he did not see a problem if they put the lights where the residents wanted them. MR. McCluskey asked the residents if they would entertain the idea of just one or two lights rather than a lighting district. A discussion followed on the cost of this to each home owner and another resident brought up the fact that since this petition was over two years ago, this could account for the negative atti- tude they were receiving. Many of the residents present were not even aware of the petition. Mr. Diehl then asked those present to raise their hands if they were in favor of putting in the lighting district which would consist of twenty-four lights. There were no show of hands. Gordon Barnes felt they should get the opinion of the residents on lighting the hazardous areas. Mrs. Mills suggested that rather than the Board proposing the lighting for this area, the residents should think about it and suggest what they would like, if anything. MR. Lewis Gorme, 18 Top 0' Hill Road, asked if they started something, how long would it take ---would it be another two years. Mr. Versace explained that the vehicle was in place for alighting district now, however, it would probably take a good while to accomplish another proposal, however he suggested that if the residents wanted to meet with the Lighting Committee to discuss lighting at the intersections, they could probably use the same vehicle for submission to Central Hudson. At that time they could present a dollar figure to them and Mr. Schaetzl could be present to assist them. This hearing, he felt, did clear up a lot of confusion --at least now they knew the residents did not want the twenty-four lights. There was still a question of what the residents wanted --two lights at the intersection or maybe no lights at all. Mr. Richard Jack noted that there were two actions and thought they may interrelate. He thought they should take a suggestion made by one of the Board Members and while they had Central Hudson listening he would like to have input to the neighborhood relative to the cost of lighting one or two intersections. MR. Schaetzl had a figure of $247.14 which would come to about $3.00 plus for each resident annually, however, there might be lots to be added and Mr.Johnson suggested that they get back to the residents with a more accurate figure. Bruce White 35 Hiview Road, asked if the annual figure mentioned was the total amount or were there other factors involved. After more discussion it was agreed that the Town Clerk would contact one or more of the residents present at the Hearing when definite information was received from Central Hudson, and if they wanted to meet with the Lighting Committee for further discussion on the installation of two lights, they in turn could ask for a meeting. If they had any other proposal in mind, the Committee would be receptive to that, also. Mr.McCluskey moved to close the Public Hearing, seconded by Mr. Johnson and unanimously carried. The Hearing closed at 8:42 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING THE PETITION FOR ESTABLISHMENT. OF THE PANORAM ACRES LIGHTING DISTRICT IN THE TOWN OF. WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 29, 1982, your deponent posted a copy of the attached notice of Public Hearing on the Petition. for the Establishment of the Panorem Acres Lighting District in the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. Sworn to before �p�me this day of 1:��-`C 1982. %1UU4c \ l JAAr te-G. aine H. Snowden Town Clerk Town of Wappinger (LA-01,ax-0)4G(-----cG-S Notary PQiblic Nolen' 1,a4 SIt» flee di r9 etrr Goutrt .<4rnortue�+ra Qaphes�+N6srcL 3D,. 7 VS. and C-30 NEWS DISPLAY ADVERTISING• CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS In thi Mitler M of. The petition for the establishment and Illumination of the Panoram Acres , Lighting District embracing a portion of • the Town of Wappinger, In the County of Dutchess, In the State of New York WHEN written petition dated -, October 30, 1980 In due form and con- • talning the' required signatures has been presented to and filed with the ..s Iown ouftchesthe County othe Ih Wappinger,-4 of New York, for the establishment and - Illumination. `bf the Panoram Acres r Lighting District embracing a portion of said Town, and without the bounds of any corporate city or village, which said establishment of said District shall be bound and described as follows: Starting at the Intersection of Myers Corners Road and HIVIew Road and ' proceeding along the Northside of -; Myers Corners Road in a easterly direc- tion a distance of 470 fest,,.plus or minus, thence in a northerly direction roughly S4'18'40" E a distance of 988 feet, plus or minus, 'thence in a nor-' theasterly direction northerly N54,23'30" E a distance of 1480 feet, plus or minus, thence In a nortwesterly direction roughly S22'04'50" - E - a distance of 2010 feet, plus or minus, t thence In a westerly direction roughly - I N70'42'30" E a distance of 2500 feet, 'I plus ormtnus, thence in a southerly , direction roughly 320'2710'1 E - a= distance of. 2521 feet, plus or minus, thence In an easterly direction N82'0rn1Tu55a0,,"" a distance of 28 feet, plus tion roughly S311'21 1s(' southerly tdi a dim I 334 feet, plus or minus, 10 Myers Cor- ners Road thence in an easterly direc- tion along the north side of Myers Cor- - ners Road to the point of beginning.. ; All the properties, boundaries, pro partyowners, landmarks( and other _- means of demarcation hereinbefore mentioned and used in describing the Panoram Acres Lighting District are to I be considered asthose existing as of • August t 1982 WHEREAS, theimprovements pro will s adequate street fighting. itis ORDERED, the a meriting of the Town Board of the saidTownof Wapp , Inger shall be brad at the Town Hall on October 13, 1983 at 7:46 o'clock In the ' afternoon of tint day, to consider the said petition and to hear all persons in- terested in the subject thereof, comer- - ning the same, and that a copy of such order, certified by the Town Clerk, be published once in the official paper, and a copy of such order certified by the Town Clerk shall also be posted on the signboard of the Town of Wapp Inger maintained as provided by law, such publication and posting to be not less than ten nor more than twenty days before the date designated for the hearing as aforesaid. Dated September24, 1982 Supervisor Louis D. Diehl Councilman Nicholas Johnson - Councilman Gerard McCluskey Councilwoman Bernice Mills Councilman Frank Versace. , Members of theTown Board of thsTown of Wappinger Dutcheee County, New York AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Beatrice Opten of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that hs is, and at the several o—.t',ditor—Publisher times hereinafter was, the of the W. & S.D. NEWS, a newspaper printed and published every Wednesday in the year 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 ... PP,Ce . in each week, commencing on the .29th day ofSep . 19. 2 . and on the following dates thereafter, namely on and ending on the 29th day of. ,eP., ..... 1982 . both days inclusive. a.coTu-ux.A, Subscribed and sworn to before me this 29th day of Se. 1982 Notary Public My commission expires ALBERT M. OSTEN NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN Dutc11ESS COUNTY *14-8240760 $$ COMMISSION EXPIRES MARCH 30, 19R,� The Regular Meeting of the Town Board of the Town of Wappinger was held on October 13, 1982 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 8:50 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney Kenneth Croshier, Acting Highway Superintendent All stood for the Pledge,of Allegiance to the American Flag. The Minutes of the Special Meetings of July 26th, Aug. 17th, ,Aug. 31st Sept. 29th and October 4th, 1982 and the Regular Meeting of September 13, 1982, having previously been sent to the Town Board Members, were now placed before them for their consideration. MR. MCCLUSKEY moved that the..above stated Minutes be and:they are hereby approved as submitted by the Town Clerk. Seconded by Mrs. Mills Motion Unanimously Carried Reports were received for the month of September from the Town Justices, Building Inspector/Zoning Administrator, Receiver of Taxes, Hydrant Report and the Supervisor/Comptroller Report thru August 31st, 1982. MRS. MILLS moved that the above Reports be accepted and placed on file. Seconded by Mr. McCluskey Motion Unanimously Carried A response was received in answer to a request by the Town to the Dutchess County Department of Public Works to erect school zone signs in the vicinity of three public schools on Myers Corners Road. This type of sign was no longer being installed and the department assumed we were requesting school speed limits; it was their opinion that school speed limits at the requested locations were not warranted. MR. JOHNSON moved that this report be received and placed on file. Seconded by Mr. McCluskey Motion Unanimously Carried A letter was received from the Attorney regarding an environmental review in the matter of the Cornell -Drake rezoning . MR. VERSACE moved to adopt the following positive determination on the Cornell -Drake zoning reclassification: Notice of Determination of Significance (6 NYCRR 617.10 (c) ) 1. This is a positive declaration for purposes of Article 8 of The Environmental Conservation Law. 2. (a) The name and address of the lead agency is The Town of Wappinger, c/o Louis D. Diehl, Supervisor, Town Hall, P.O. Box 324, Wappinger Falls, NY 12590-0324, (telephone no. (914)297-2744. (b). ,Tlieiname and address of the person who can provide further information is Louis D. Diehl, Supervisor, Town Hall, P.O. Box 324, Wappingers Falls, NY 12590-0324. 3. The proposed activity of the applicant is to rezone 31.4 acres of land from its present R-20 classification to an OR -10A classification. 4. The following possible significant environmental effects (6 NYCRR 617.11 (a) have been identified upon review: (a) more than ten (10) acres will be disturbed (b) the project may affect surface or ground water quality (c) the project could alter drainage flow or surface water runoff (d) the project could affect the quantity or quality of existing or future open spaces or recreational opportunities (e) the project could affect existing transportation system 5. Reasons for determination: (a) The applicants' environmental assessment form sets forth averments that more than ten (10) acres will be affected. (b) The environmental assessment form states that the site may have in excess of 700 people employed there. (c) The applicants' environmental assessment form sets forth a plan of construction of a large office building with substantial parking areas. These areas will reduce existing areas for absorption of surface water and will displace such waters on other areas. (d) The site is presently a large tract which is unde- veloped. The proposed activity on the site will affect the availability of open space. (e) The presence of the proposed office structure will require access to and from the site by 700 people in vehicles. Presumably, this may represent the 3 introduction of a significant new volume of traffic on a county road. (f) Some of the surrounding area is zoned residential. The zoning change will introduce a use of land different than that envisioned on the land use map of the town. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN VERSACE who `,, moved its adoption: BE IT RESOLVED that the following positive determination be made on the Cornell -Drake application for rezoning, and BE IT FURTHER RESOLVED that the applicant submit a Draft Environmental Impact Statement as provided by Part 617 of the Rules and Regulations of the Department of Environmental Conservation and by the Town of Wappinger Local Law #2 of 1977 and, BE IT FURTHER RESOLVED that the town reserves its right to retain a consultant to assist it in evaluation of the Draft Environmental Impact Statement and any other submitted comments at the expense of the applicant. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays A letter was received from the Department of Environmental Conservation in response to Mr. Diehl's inquiry on relief from their restrictions on open burning permits in the Town. The Landfill Committee had discussed this problem and Mrs. Mills reported that many calls had been received from residents who had previously burned the leaves at this time of year and now due to the restriction had no way to dispose of them. Mrs. Mills recom- mended that the Castle Point Landfill Site be opened one more Saturday in November and the residents could bag their leaves and dispose of them on that dayalong with the other items that the private carters would not pick up with the exception of_metal. Mrs. Mills also requested authorization to place an ad in the Wappinger and Southern Dutchess News to alert the residents of this action. MRS. MILLS moved that the Town reopen the Castle Point Landfill Site on November 6, 1982 for the disposal of leaves and all other items with the exception of metal and further moved that she be authorized to place an ad in the Wappinger and Southern Dutchess News to inform the Town residents of the extension of this program. Seconded by Mr. Johnson Motion Unanimously Carried The Highway Superintendent was requested to have the necessary equipment at the Castle Point Site on that day and Mrs. Mills commended him on the job that had been done from April thru October when this program was in action. Information had been forwarded to the Landfill Committee by Mr. Hawksley regarding composting leaves which Mrs. Mills stated, would be reviewed by them and discussed at a future time. Mr. Zvi Segal, developer of the Carmel Heights Subdivision, responded to the request of the Board relative to his opinion on the extension of water and sewer services from Carmel Heights to the residents of Sherwood Heights stating that he would take his attorney's advice and The residents of Sherwood of their decision on water Carmel Heights Subdivision not pursue this matter any further. Heights were contacted in the matter and and sewer services exclusive of the eight of the ten residents replied in the negative (they did not want to proceed without Mr. Segal). Mr. Segal was present and when questioned by the Board as to when the road would be paved in Sherwood Heights, he replied that it would be completed before the winter. A copy of a letter to the Recreation Commission from the Planning Board re Fieldstone Farm Conservation Subdivision - Work in Lieu of Recreation Fee, was forwarded to the Town Board. They required information on the work that was not completed and if the letter of credit posted was sufficient to cover the remaining work. Mr. Gray, representative of the developer, James Klein, was recognized by the Chair and informed the Board that a meeting had been set for the following morning with Mr. Maurer, Chairman of the Recreation Commission at the site to evaluate the work that had been completed. Mrs. Schmalz, member of the Recreation Commission, added that at a previous Recreation Commission meeting this matter had been discussed and referred to the Engineer and recommended that he be notified of this meeting if he was not already aware of it. Mr. Johnson asked that the Recreation Commission be directed to formally respond to the Planning Board's request when this infor- mation was received from the Engineer. MR. JOHNSON moved to receive this communication and place it on file. Seconded by Mr. Diehl Motion Unanimously Carried A vacancy existed on the Board of Assessment Review due to the expiration of Stella Dlhosh's term on September 30, 1982. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that Stella Dlhosh, be and she is hereby reappointed as a member of the Town of Wappinger Board of Assessment Review to fill the vacancy which has occurred due to the expiration of her term, and it is further RESOLVED, that the said Stella Dlhosh is hereby reappointed to the said Board of Assessment Review for a term which shall expire September 30th, 1987. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays A report was received from Mr. Lapar on an embankment complaint at 59 Carroll Drive in which he stated that the area was part of the proposed .stream cleaning work within the Rockingham Farms Subdivision and some remedial work could be done during the proposed stream cleaning to lessen the steep drop-off into the drainage ditch. MRS. MILLS moved that this problem be addressed by the Highway Department when they are in the area doing the stream cleaning project. Seconded by Mr. Johnson Motion Unanimously Carried A second report from Mr. Lapar revealed that stream cleaning at 4 Bel -Aire Lane could not be accomplished due to the fact that the owners had never signed a release. Mr. Versace informed the Board that there were now new owners at this residence and they had indicated to him that they would sign a release for the Town to do the stream cleaning. He then moved that the Highway Superintendent contact the new owners and make the necessary arrangements for them to sign the release form and he could then proceed with this stream cleaning, and this motion was seconded by Mr. McCluskey. Mr. Johnson added that he could support the motion only if it was part of the overall stream cleaning and the release could be obtained when the project was started. A discussion followed between Mr. Versace and Mr. Johnson on the time frame of this stream cleaning and Mr. Versace's motion was dropped in order for the Board to vote on a subsequent motion. MR. DIEHL moved that the Highway Superintendent and the Engineer work with the Drainage Committee to ascertain the proper time to obtain the necessary release to proceed with the stream cleaning at 4 Bel -Aire Lane. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Versace then discussed the insurance claims against the contractor who installed the drainage system in that area and felt they were going on too long . The contractor had indicated to Mr. Versace that he would contact his insurance carrier in the matter of the settlement of the two claims, however that was over thirty days ago and no information had been received from him. Since this was going on for over two years, Mr. Versace felt it was time for the contractor and the insurance carrier to meet with the Board to resolve these claims. MR. VERSACE moved that the Attorney set up a meeting with Mr. Alexander and his insurance representative to discuss settlement of the two claims, (Petvai and Mazochi) related to the Bel -Aire Lane Drainage Project, which have existed over a two year period. Seconded by Mr. Johnson Motion Unanimously Carried Notices of Public Hearings were received from the Town of Wappinger Planning Board, the Town of Wappinger Zoning Board of Appeals and the Town of Lloyd. MR. JOHNSON moved that these Notices of Public Hearings be received and placed on file. Seconded by Mr. McCluskey Motion Unanimously Carried A resignation was received from George Budd, a member of the Fire Prevention Bureau who had been designated by the New Hackensack L Fire District for approval by the Town Board to serve on that Bureau. A recommendation had not been received from that district to fill the vacancy created by Mr. Budd's resignation. MRS. MILLS moved that the resignation from George Budd as a member of the Fire Prevention Bureau be accepted with regret. Seconded by Mr. Johnson Motion Unanimously Carried A Memorandum of Disposition regarding the application for a Salvage Yard License from Mid -Hudson Auto Wreckers, Inc. was forwarded to the Board for their consideration from the Attorney. Mx. Adams recommended that this Memorandum be referred back to the Zoning Administration for his confirmation of the contents in writing. MR. JOHNSON moved that the Memorandum of Disposition be referred to the Zoning Administrator for his review and confirmation of contents in writing, as recommended by the Attorney. Seconded by Mr. McCluskey Motion Unanimously Carried Under Committee Reports, Mrs. Mills, Water and Sewer Committee, reported that this Committee allocated the sum of $850.00 to the Rockingham Farms Sewer Plant for an automatic control on the blower which would alert the operators when the blower goes off and help relieve the odor that builds up if the blower is off for any length of time. The function of the control would be to trip on the second blower when the first one ceases to operate. At the last meeting, the Town Board Cable Committee had been requested to investigate a complaint from Lloyd Creary, Myers Corners Road regarding the price of $700.00 quoted to him by U. S. Cablevision for hooking up to cablevision. Mrs. Mills had researched this complaint with Mr. Snoop of the cable company and also with Mr. Creary. She learned that Mr. Creary and his neighbor had been offered an alternative --if they would dig the ditch so many feet out, the company would come in with part of the line and the cost would be $440.00 rather than $700.00. His reply was that he was not a ditch digger and felt the price of $440.00 was still too high. The Town should look for other methods of providing cablevision for residents in these circumstances. On Highway Committee, Mr. Johnson asked the Highway Superintendent the status of the Serenity Mission roads and his reply was that they were working on the turn arounds and hoped to finish the last one on the following day. A complaint had been received on the difficulty the school busses were having turning around, however the completion of this work would eliminate that problem. The Cablevision Contract having been tabled from the last meeting for certain revisions requested by the Attorney, was now placed before the Board for their consideration. Mrs. Mills had comments to make before the Board acted on this contract and she addressed Mr. Erichsen on a statement he had made to the residents of Robinson Lane when they questioned him at the public hearing on the cost of providing cablevision to their area. He informed these residents he would provide an approximate cost for this service before a vote was taken by the Town Board and this had not been done. Mr. Erichsen explained that a complete cost analysis would have to be conducted and this would have to include charges from the telephone company and utility company for the use of the poles and many other factors entered into this study. Her concern was that the residents expected some answer from the cable company which was not provided to them and the statement should not have been made which gave them that impression. The following Ordinance was offered by COUNCILMAN JOHNSON who moved its adoption: ( The Cablevision Ordinance is attached hereto and made part thereof of the Minutes of this Meeting). Seconded by: Councilman McCluskey Roll Call Vote: Supervisor Diehl Aye Councilman Johnson Aye Councilman McCluskey Aye Councilwoman Mills Nay Councilman Versace Nay Mr. Versace stated that the reason for his Nay vote was due to the fact that he did not feel the Cablevision Contract was for the best interest of the community. Mrs. Mills voted against the Contract because she did not feel that the service was made available to the whole Town. Mr. Diehl interrupted the Agenda to recognize representatives from the Quiet Acres Civic Association Airport Liaison Committee who presented the following memo to the Town Board: Quiet Acres Civic Association Airport Liaison Committee Memo of information ... To: The Town Board of the Town of Wappinger From: Q.A. Airport Liaison Committee Date: October 12, 1982 In light of the events that have taken place over the last six months at the Dutchess County Airport, we feel it a matter of incumbrance to share with the Town Board some serious concerns about the operations and plans of development at that town facility. If what we are about to delineate does not effect you directly it will, most certainly, cause you to consider potential outcomes that might impose upon the quality of existence that is now sustained between the airport facility and the community surrounding it. We have concerns! We are concerned: a) about the size of aircraft that have recently landed at the county airport relative to the potential safety hazard they could possibly create, b) that right now the control tower is manned for only (14) fourteen hours a day from 7 a.m. to 9 p.m., c) because we are now in the midst of obstruction control (obsticles penetrating a clear zone of operations for take -offs and landings of aircraft) and that a majority of residents are in opposition to a county recommendation asking for permanent easement rights to our properties, d) that the development of a noise abatement proposal and its realistic implementation may get caught up in bureaucratic confines causing elongated delays or postponement, e) about the impact of recommendations for more sophisticated equipment to be installed at the county airport, such as radar, which might attract unnecessary craft and not include the appropriateness of Steward Airport, f) about the lack of public information regarding the development and expansion plans of the airport that might directly impact the adjacent neighborhoods. These are our concerns however, presently dialogue and some communication is taking place. We are in the process of formulating possible alternative, guidelines and recommendations to answer some of these concerns as they relate to our everyday living in the community as a whole. Jo We have witnessed the interest of the Town Board thus far in these shared concerns. We ask, therefore, that you permit us to continue to communicate with you and to work with you for mutual resolve of these concerns. We also ask that at a future workshop, upon your invitation, that it be possible to present to this body our alternatives and solutions. The objective is to work together to structure a safe and viable facility free to operate without duress for pilots and airport tenants yet free, also, from fear and ignorance for all people, not only in Quiet Acres but in the village, the town and the county. The Board Members agreed that communications between this Committee and the Town should continue and were receptive to setting a future meeting with them. Bob Smith, one of the Committee Members, informed the Board that their regular monthly meeting with the Commissioner of Aviation was set for November 1, 1982 at 4:30 P.M. at the airport terminal building and would be open to the public. He felt they should meet with the Town Board after this meeting since there could be input from the Commissioner that they could discuss with the Board. It was suggested that Mr. Smith or one of the Committee Members contact Mr. Diehl's office after their November 1, 1982 meeting to arrange a subsequent meeting with the Town Board and the County Legislators. A Public Hearing having been held by the Town Board on an Ordinance Amending the Zoning Ordinance and Zoning Map of the Town, the matter was now placed before the Board for their consideration. The following Ordinance was offered by COUNCILMAN JOHNSON who moved its adoption: BE IT ORDAINED by the Town Board of the Town of Wappinger as follows: The provisions of the zoning ordinance and zoning map of the Town of Wappinger, duly adopted on the 10th day of March, 1980, and as amended from time to time are amended as follows: 1. The provisions of Section 404.33 are deleted and there shall be substituted in place thereof the following: A non -conforming use of a building may be changed only to a similar or less non -conforming use as determined by the Zoning Board of Appeals. 2. Section 422 of the zoning ordinance is modified as follows: Two uses shall be permitted in an HB zone where said one use is a business to be operated by an owner -resident of said parcel; however, in no instance shall there be more than one non-residential use for said parcel. Multiple attached or detached uses shall be permitted in NB and GB districts subject to the prior issuance of a special use permit. 3. The definition of the word "lot" set forth in Section 220 is amended by adding to the existing definition the following provision: Unless otherwise expressly provided by this ordinance, there shall only be one use per lot. 4. The provisions of Section 416.8 shall be deleted and there shall be substituted in their place the following: 416.8: in addition to the one sign permitted in Section 416.51 and except as required by law or as permitted above, signs or advertising material shall be permitted for the purpose of advertising specials, the menu, products sold or services rendered and other such information with the following restrictions: 416.81: If affixed to or placed so as to be visible through a glass surface, the area of such signs shall not exceed 25% of the total glass area facing a street or parking area serving the establishment. 416.82: In shopping centers and shopping malls only, one hanging sign shall be permitted per store, said sign not exceed two square feet in area to be placed under the walkway canope contiguous to the store to identify the store entrance. Said sign shall be hung perpendicular to the store front and shall not extend beyond the outer edge of the canopy. 416.83: Such signs shall meet the illumination and location restrictions as per Sections 416.71, 416.72, 416.513 and 416.514. 5. Section 421 (Permitted Uses, Residential Zones) is amended by amending item 8-d from one acre to two acres per each animal. 6. Section 220 is amended by adding thereto the definition for "nursery school" as follows: Any place, however designated, operated for the purpose of providing daytime care or instruction for two or more children from two to five yaars of age inclusive, and operated on a regular basis, including kindergartens, day nurseries, and day care centers. 7. Section 513 is amended by adding the following sentence thereto: In all instances, notice must be mailed to all adjacent and abutting property owners. Any parcel separated from the subject parcel by a street or other public or private roadway shall be deemed adjacent and abutting. 8. Section 515.1 is amended by adding thereto the following additional sentence: Each application shall be accompanied by an application fee of $35.00. Any additional costs for environmental review or other consulting fees shall be borne by the applicant. 9. The zoning map of the Town of Wappinger is amended by changing the zoning classification of the following piece or parcel of land from its existing designation to the zoning designation of NB (Neighborhood Business): Description of Property: )2 - All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Wappinger, County of Dutchess, State of New York, and bounded and described as follows: Beginning at a point on the North line of Route 82, Fishkill- Hopewell Junction State Hiighway, said point being the Southeast corner of lands now or formerly of Meli, thence along his East line North 24'-00" West for 167.00 feet, thence North 45°-32'-00" East for 94.56 feet, thence South 58°-28'00" East for 80.20 feet and South 59°-28'-00" East for 74.50 feet to the aforesaid East highway line, thence along this line South 38°-54'-00" West for 44.90 feet and South 37°-11'-00" West for 48.78 feet to the point and place of beginning. Being Lot #3 of Map #3927 as filed in the Dutchess County Clerk's Office. 10. Section 601 is amended by adding the following: All petitions for rezoning shall contain a metes and bounds description of the property to be rezoned as well as the names and addresses of all adjacent and abutting property owners. The petition shall be submitted by the owner and shall describe in detail the reasons for the requested zoning. The Town Board may require the submission of such additional information as it deems appropriate. Each petition shall be accompanied by an application fee of $35.00. The board reserves the right to impose additional fees to cover the costs of any environmental review or other consulting or professional services it deems necessary for its review of the application. 11. The text of the ordinance shall be amended for the purpose of correcting the following misspellings and incorrect references: Section Change: 411.5 "445" to "460" 411.6 "445" to "460" 414.2 (p. 96) "renumber as 514.2" 415.31 "permit" in 9th line to "C.O." 416.55 "416.41 in 4th sentence to "416.51" 418 "permti" to "permit" 441.13 "piroposed" to "proposed" 441.16 "amoutn" to "amount" 442.52 '432.2" to "513" 443.421 "443.22" to "443.422" 444.4 "(14) lots" to "(14) days" 450.6 "Section reference should be 450.5" 450.7 "Section reference should be 450.6" 472.2 "Section reference should be 473.2" 473.1 double wording to be removed "lots may be provided in a single common facility on one (1) or more of said" 473.32 "between"to "within" Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held by the Town Board on a proposed Local Law Prohibiting Parking Along All Angels Hill Road in the Vicinity of Route 82, the matter was now placed before them for their consideration. MR. MCCLUSKEY moved to adopt the following Local Law ## 6 of 1982: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. It shall be unlawful for any motor vehicle to park or stand in that area designated and marked as "no parking" area on both sides of All Angels Hill Road between the inter- sections of that road with NY Rte. 82 and Park Hill Road. Section 2. Violation of this local law shall be subject to a fine no greater than $25.00. Section 3. This local law .shall become effective as prescribed by Municipal Home Rule Law Section 20. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held by the Town Board on a proposed Local Law Providing for a Partial Tax Exemption of Real Property Owned by Certain Persons with Limited Income Who are 65 Years of Age or Over, the matter was placed before them for their consid- eration. MR. JOHNSON moved to adopt the following Local. Law #7 of 1982: BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: Section 1. Section 2 (b) of Local Law No. 1 of 1967, Local Law No. 5 of 1977, Local Law No.2 of 1980 and Local Law No. 6 of 1980 are hereby amended to read as follows: Section 2 (b). The income of the owner or the combined income of the owners of the property shall not and may not exceed the sum of Ten Thousand Five Hundred ($10,500.00) Dollars for the income tax year immediately preceding the date of making the application for exemption. The income tax year shall mean the twelve month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the preceding calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such income. Such income shall include social security and retirement benefits, interest, dividends, net rental income, salary or earnings, and net income from self-employment, but shall not include a return of capital gifts or inheritances. Rental income and self-employment shall not be reduced by an allowance for depreciation. Section 2. This Local Law shall take effect immediately upon adoption and filing. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held by the Town Board on a proposed Local Law Providing for the Repair or Removal of Unsafe Buildings and Collapsed Structures in the Town of Wappinger, the matter was now placed before them for their consideration. MR. JOHNSON moved to adopt the following Local Law ##8 of 1982: BE IT ENACTED by the Town Board of the Town of Wappinger. Section 1. Purpose. Unsafe buildings pose a threat to life and property in the Town of Wappinger. Buildings and structures may become unsafe by reason of damage by fire, the elements, age or general deterioration. Vacant buildings not properly secured at doorways and windows also serve as an attractive nuisance for young children who may be injured therin, as well as point of congregation by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation thereby creating a health menace to the community. It is the purpose of this local law to provide for the safety, health protection and general welfare of persons and property in the Town of Wappinger by requiring that such unsafe buildings be repaired or demolished and removed. Section 2. This local law shall be known as "Unsafe Buildings Law" of the Town of Wappinger. Section 3. Definitions. (1) "Building" means any building, structure or portion thereof used for residential, business or industrial purpose. (2) "Building Inspector" means the building inspector of the Town of Wappinger or such other person appointed by the town board to enforce the provisions of this local law. Section 4. Investigation and Report. When in his own opinion or upon receipt of information that a building (1) is or may become dangerous or unsafe to the general public, (2) is open at the doorways and windows making it accessible to and an object of attraction to minors under eighteen years of age, as well as to vagrants and other trespassers, (3) is or may become a place of rodent infestation, (4) presents any other danger to the health, safety, morals and general welfare of the public or (5) is unfit for the purposes for which it may lawfully be used, he shall cause or make an inspection thereof and report in writing to the town board his findings and recommendations in regard to its repair or demolition and removal. Section 5. Town Board Order. The town board shall thereafter consider such report and by resolution determine, if in its opinion the report so warrants, that such building is unsafe and dangerous and order its repair, if the same can be safely repaired, or its demolition and removal, and further order that a notice be served upon the persons and in the manner provided herein. Section 6. Notice; Contents. The notice shall contain the following: (1) a description of the premises, (2) a statement of the particulars in which the building is unsafe or dangerous, (3) an order outlining the manner in which the building is to be made safe and secure, or demolished and removed, ($) a statement that the securing or removal of such building shall commence within (30) days of the service of the notice and shall be completed within (60) days thereafter, unless for good cause shown such time shall be extended, (5) a date, time and place for a hearing before the town board in relation to such dangerous or unsafe building, which hearing shall be scheduled not less than five business days from the date of service of the notice and (6) a statement that in the event of neglect or refusal to comply with the order to secure or demolish and remove the building, the town board is authorized to provide for its demolition and removal, to assess all expenses thereof against the land on which it is located and to institute a special proceeding to collect the costs of demolition, including legal expenses. Section 7. Service of Notice. The said notice shall be served (1) by personal service of a copy thereof upon the owner, executor, administrator, agent, lessee, or any person having a vested or contingent interest in such unsafe building as shown by the records of the receiver of taxes (or tax collector) or of the county clerk; or if no such person can be reasonably found by mailing such owner by registered mail, a copy of such notice directed to his last known address as shown by the above records if said person resides within the town, otherwise by mailing by both regular and registered mail if such person resides outside the town, and (2) by personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found and (3) by securely affixing a copy of such notice upon the unsafe building. Section 8. A copy of the notice served as provided herein shall be filed in the office of the County Clerk of the County of Dutchess. Section 9. Refusal to Comply. In the event of the refusal or neglect of the person so notified to comply with said order of the town board and after the hearing, the town board shall provide for the demolition and removal of such building or structure either by town employees or by contract. Except in emergency as provided in Section 11 hereof, any contract for demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding. Section 10. Assessment of Expenses. All expenses incurred by the town in connection with the proceedings to repair and secure or demolish and remove the unsafe building, including the cost of actually removing such building, shall be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided in Article Fifteen of the Town Law for the levy and collection of a special ad valorem levy. Section 11. Emergency Cases. Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the town board may by resolution authorize the building inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in Section 10 hereof. Section 12. The surveyor appointed as provided herein shall be paid reasonable compensation as shall be fixed by the town board. Section 13. This local law shall take effect immediately upon filing thereof in the office of the Secretary of State. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays The following budget transfer request was received from the Comptroller: From; B1990.4 Contingency $6,000.00 To: B9901.9 Transfer to other funds. 6,000.00 From: B9901.9 Transfer to other funds. 6,000.00 To: DR5111.2 Road Improvements (road striping) 6,000.00 MR. JOHNSON moved that the sum of $6,000.00 be transferred for road striping as presented by the Comptroller. Seconded by Mrs. Mills Motion Unanimously Carried Mr. Adams had forwarded a proposed agreement to the Board between the Town and Z & M Development Corp. (Carmel Heights) regarding this subdivision becoming tenants to the Rockingham Farms Sewer District, subject to certain conditions. The agree- wttts now placed before the Board for their consideration. Mr. Versace had a few changes he wished to discuss with the Attorney and the Board one of which was the removal of infiltration "as the work/repairs progresses"; it was his understanding that all the infiltration would be removed and repairs made before the contractor proceeded with his work. Mr. Segal, developer of the Carmel Heights Subdivision was present and protested that completion of the removal of the infiltration before he could start building would present a hardship and he suggested a compromise. Mr. Diehl recommended that after 50% of the infiltra- tion was removed, 25% of the building permits would be issued and this was agreeable to both the Board Members and Mr. Segal. A further condition was put in that all the infiltration would be removed by October 31, 1983. If the contractor failed to complete the work, revocation of building permits would result unless there were unforeseen circumstances which would prevent the completion. Another item in the agreement that Mr. Versace expressed serious concern over was the elimination of the "connection fee" in consideration of the improvements that were to be made. This was part of the tenant policy and had never been waived and he did not feel it had anything to do with the removal of the infiltration. He was also opposed to the double rates for a period of five years -- the double rates should continue, not be limited to a five year period. Mr. Johnson pointed out that the connection fee was actually the fee for tapping into the existing line, however, in this case, the contractor would be putting in a new line and there would be no requirement for this tap. MR. JOHNSON moved to approve the revised Agreement between the Town of Wappinger and Z & M Development Corporation and authorize the Supervisor to sign said Agreement. Seconded by Mr. Diehl Roll Call Vote: Supervisor Diehl Aye Councilman Johnson Aye Councilman McCluskey Abstain Councilwoman Mills Ave Councilman Versace Nay The Agreement is attached hereto and made part thereof of the Minutes of this Meeting. Several months ago, a request had been received from Dave Alexander to rezone 2 acres of his property on St. Nicholas Road and New Hackensack Road from residential to AI (Airport Industry) to conform with the remaining acreage already zoned for that category. This had been referred to work shop session for discussion with the Board and the principals. These discussions had been held and the principals were now requesting that the Town Board consider this request. The following Ordinance was introduced by COUNCILMAN JOHNSON" BE IT RESOLVED and ordained by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance to the Authority conferred by the laws of the State of New York, as follows: Section 1. The Town of Wappinger Zoning Map adopted March 10, 1980, and as amended from time to time, is hereby further amended by rezoning the following described parcel of land from R-40 (Residential) to AI -2A (Airport Industry -2 Acres) classification, said real property more particularly described as follows: Beginning at a point on the Westerly line of St. Nicholas Road, said point being the intersection of the Westerly line of said St. Nicholas Road with the Northeasterly line of lands of now or formerly Oscal and running thence along the Northeasterly line of lands of said Oscal, North 35-34-30 West 440.26 feet to a point; thence leaving said line and running over and through lands of Dave Alexander, the grantor herein, North 40-17-50 East 279.48 feet to a point on the Southwesterly line of aforesaid St. Nicholas Road; thence along the Southwesterly and Westerly lines of said St. Nicholas Road, the following: South 47-38-00 East 100.25 feet to a point; thence South 14-02-10 East 57.72 feet to a point; thence South 4-35-40 East 224.72 feet to a point; thence South 7-48-40 West 225.79 feet to the point of beginning containing 2.001 acres of land be the same more or less. Subject to the rights of Public Utilities of record. Present Owner: David Alexander Tax Grid Number: 19-6259-03-188070 Deed recorded: Liber 1003 -Pg 198 Said described Parcel being a portion of the above owners 4+ Acre Parcel bounded by the following parcels of real property: Southwesterly by Sydney W. Corbin East by St. Nicholas Road and the Jewish Community Center of Poughkeepsie. North by David Alexander and New Hackensack Road Section II: This amendment shall become effective upon adoption, posting and publication, as prescribed by Town Law. MR. JOHNSON moved to set a Public Hearing on an Ordinance Amending the Zoning Map of the Town of Wappinger on November 8, 1982 at 7:45 P.M at the Town Hall, Mill Street, Wappingers Falls, New York, at which time all interested persons would be heard. Seconded by Mr. McCluskey Motion Unanimously Carried Bids on Chemical Purchases and Sludge Removal had been opened by the Town Clerk on October 6th, 1982 and reviewed by the Comptroller. The Water and Sewer Committee reviewed the bids and recommended that the Town Board award them to the low bidder. MRS. MILLS moved the Chemical Purchases be awarded to the following low bidders: Chlorine to Duso Chemical, all large drums in 52 gallon containers, Hydrated Lime be awarded to Jones Chemical, Muriatic Acid to Jones Chemical and Peroxide to Axton Cross. Seconded by Mr. Versace Motion Unanimously Carried Mrs. Mills recommended that the bid for Sludge Removal be tabled to next month for further review by the Water and Sewer Committee. Under Unfinished Business, a request from David Emmett to lease Town Property on Middlebush Road to graze horses had been referred to the Zoning Administrator concerning a possible zoning violation on the required amount of acreage for horses. He replied that the horses were allowed as a legal non -conforming, continuing use, however, Mr. McCluskey recommended that the matter be referred back to committee since there was a question on specific uses. A request had been received from Mid -Hudson Pollution Control, a new company in the Town of Wappinger, to discuss the operation of the water and sewer plants for the Town and Mr. Johnson suggested that the Water and Sewer Committee set up a meeting with them to discuss any proposal they might have and report to the full Board with any recommendation they had after this discussion. It was Mr. Versace's feeling that this company should be invited to the work shop session on October 22nd, 1982 with all Board Members and asked Mr. Diehl to contact the representatives of the company with this invitation, if the Board agreed. This was agreeable to the other Board Members. At previous meetings, Mr. Versace had asked the Board to consider rescinding a motion back in 1974 which limited the amount of the Building Fund for a new Town Hall to $375,000.00. MR. VERSACE moved to amend the resolution adopted by the Town Board on November 4, 1974, to allow the Capital Building Fund of $375,000.00 to be invested and accrue interest until the Town is ready to proceed with a new Town Hall. Seconded by Mrs. mills Mr. Versace asked Water Company had perform this work had spoken to the informed him that Water Company and Motion Unanimously Carried the Attorney if the appraisal of the Atlas been received from the company retained to and Mr. Adams replied that it had not. He company regarding their progress and they they had received the information from Atlas were working on it. Mr. Versace requested the Attorney to contact the company and request that this appraisal be forwarded to the Town Board. At the last meeting the problem that existed with the drainage pipe and easement behind Lots #6, #8 and #10 Baldwin Drive had been referred to the Attorney and Engineer to determine if the Town had any legal responsibility to correct the problem. Mr. versace asked the Attorney if he had a report on this matter and be replied he did not have this information. Mr. Versace had researched Town records and could not find bids for the installa- tion of this pipe, however he did come across a letter from Mr. Sailer, a developer in that area, indicating to the Town that he was willing to give a right of way on his property for a 24" pipe and it was his opinion that this was the pipe that now existed behind these lots on Baldwin Drive. This record, Mr. Versace stated went back to early 1977. He assumed that the Town installed this pipe since there was no record to indicate otherwise. Mr. Lapar differed with Mr. Versace and contended that the right of way from Mr. Sailer was on Kent Road where the Town did install pipeline to the corner of the Sailer Subdivision on Kent Road, under the direction of Mr. Lapar. It was determined after a continued discussion that if the Town did install this pipe there would be a record of the purchase of the pipe by the Highway Department and the Board asked Mr. Croshier to research the Highway records for purchase of a 24" pipe that might have been for this project in 1977. Mrs. Schmalz was recognized by the Chair and went back to Item 5e on the Agenda regarding work being done in lieu of the Recreation Fee by the developer of the Fieldstone Farm Conserva- tion Subdivision. Previously she had stated that this matter had been referred to the Engineer to evaluate the work, however Mr. Lapar had arrived at the meeting after this discussion and was not aware that he should have been notified of this referral. He was now informed of a meeting set for the following day with Mr. Gray, representative of the developer and Mr. Maurer, Chairman of the Recreation Commission at the recreation site and he agreed to meet with them to review the work that had been completed and determine what remained to be finished by the developer. Mrs. Schmalz requested that the Recreation Committee of the Town Board visit the site and check the work that has been done so they can determine if the Town has been fairly treated by the developer. Mrs. Renata Ballard was recognized by the Chair and expressed concern that the proposition for the Ward System in the Town of Wappinger which she had circulated would not appear on the voting machine but would be a paper ballot. It was her opinion that the petition had been filed early enough to be forwarded to the Election Commissioners for the proposition to be on the machine. Mr. Diehl commented that the Town Board and the Town Clerk also wanted the proposition on the voter machine and assured Mrs. Ballard that the Town Clerk knew her duties and would make every effort to see that the Board of Elections would receive the petition and have the proposition printed for the voting machine. There was no other business to come before the Board. MRS. MILLS moved to adjourn the meeting, seconded by Mr. McCluskey and unanimously carried. The meeting adjourned at 10:53 P.M. calOttLu2A acAmAlk— Elaine H. Snowden Town Clerk 10/13/82 FINAL VERSION OF FRANCHISE AGREEMENT NEGOTIATED BETWEEN THE TOWN OF WAPPINGER CABLEVISION COMMITTEE AND U.S. CABLEVISION CORP. OFFICIALS. AN ORDINANCE GRANTING, AMENDING, AND RENEWING A FRANCHISE TO U.S. CABLEVISION CORP., ITS SUCCESSORS AND ASSIGNS, TO OWN, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE TOWN OF WAPPINGER: SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE AMENDMENTS AND RENEWAL AND PROVIDING FOR REGULATION OF SAID SYSTEM BY THE TOWN OF WAPPINGER. WHEREAS, U.S. CABLEVISION CORP. (hereinafter "Cablevision") has applied in writing for renewal of the cable television franchise granted by the Town of Wappinger. WHEREAS, the Federal Communications Commission and the New York State Commission on Cable Television have adopted rules governing the issuance of franchises and the provisions contained therein, and WHEREAS, the Town Board pursuant to a public hearing, of which public notice was given, has deliberated on said amendment and renewal and has determined that the applicant has rendered adequate service during the franchise period and remains qualified in all respects to continue to provide adequate service. c > Z ".,•t LJ NOW, THEREFORE, BE IT RESOLVED, that the following Ordinance granting to U.S. Cablevision Corp. an amendment and renewal of its cable television franchise, on terms and conditions which are agreeable to the parties, conform to Part 595 of the Rules of the New York State Commission on Cable Television and fulfill the needs of the Town in respect to cable television, be and the same hereby is adopted. SECTION 1: Short Title. This Ordinance shall be known and may be cited as the "Town of Wappinger Cable Television Ordinance". SECTION 2: Definitions. For the purpose of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and nor merely directory. (1) "Town" is the Town of Wappinger in the State of New York. (2) "Board" is the Town Board of the Town of Wappinger. (3) "Company" is the grantee of rights under this Ordinance amending and renewing a franchise and is known as U.S. Cablevision Corp. (4) "FCC" is the Federal Communications Commission, Washington, D.C. 20554. (5) "NYSCC" is the New York State Commission on Cable Television, Albany, N.Y. 12223. (6) "Person" is any person, firm, partnership, association, corporation, company, or organization of any kind. (7) "Cable Television System" or "CATV System" shall mean a system of towers, poles, antennas, waveguides, cables, wires, or any other conductors, converters, equipment, or facilities, designed and constructed for the purpose of producing, receiving, amplifying and distributing television and radio signals and other electronic impulses primarily by wire or cable to subscribing members of the (2) public who pay for such service. (8) "Deposit" is a sum of money to be given to the Town Clerk or Company pursuant to Section 12 of this franchise. SECTION 3: Qualifications of Grantee and Grant of Authority. A full public hearing, pursuant to prior public notice, concerning the application of Company for the franchise amendment and renewal herein granted was held which afforded due process to the public. Said hearing having been fully open to the public, and Board having received atsaidhearing all comments regarding the qualifications of f (3) l Company to receive this franchise amendment and renewal, Board hereby finds that Company possesses all necessary legal, technical, character, financial and other qualifications and that Company's arrangements for the construction, operation, and maintenance of the system are adequate and feasible, and pursuant to such finding, Board hereby grants to Company an amended, non-exclusive franchise renewal and the right and privilege to construct, erect, operate, modify, and maintain, in,upon, along, across, above, over, and under the highways, streets, alleys, sidewalks, public ways, and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the Town, poles, wires, cable underground conduits, manholes, pedestals, and other television conductors and fixtures necessary for the maintenance and operation of a Cable. Television System for the purpose of distributing television and radio signals, and other electronic impulses in order to furnish television and radio programs, and various communications and other electronic services to the public. The right so granted includes the right to use and occupy said streets, alleys, public ways and public places and all manner of easements for the prupose herein set forth. The provisions contained herein are in compliance with the franchise standards of, and subject to approval by, the NTSCC. SECTION 4: Liability and Indemnification. Company expressly agrees that it will defend and indemnify the Town for and hold it harmless from all liability, damage, cost or expense arising from claims of injury to persons or damage to property occasioned by reason of any conduct undertaken pursuant to the amended franchise and in the (4) installation, operation, or maintenance of the Cable Television System authorized herein, Town shall notify Company's representative within fifteen (15) days after the presentation of any claim or demand to Town either by suit or otherwise, made against Town on account of any negligence or contract as aforesaid on the part of Company. Company shall carry and pay the cost of the following liability insurance in support of its undertaking to defend, indemnify, and hold harmless from loss sustained by either on account of the negligence of Company, in at least the amounts indicated below for injury to or death of persons and injury to or destruction of property: (1) $500,000 for property damage to any one person. (2) $500,000 for property damage in any one accident. (3) $500,000 for personal injury to any one person. (4) $1,000,000 for personal injury in any one accident. Company shall comply with all the provisions of the Workman's Compensation Law of New York. Company shall maintain, and by its acceptance of this amended franchise specifically agrees that it will maintain throughout the term of this amended franchise a faithful performance bond running in favor of Town, written by an approved corporate surety in the amount of $20,000.00 and in a form satisfactory to the Chiel Legal Officer of Town, conditioned that Company shall well and truly observe and perform any provision of this amended franchise. Compa shall have 30 days after receipt of written notification from Town (5) U L to correct any defect or amended franchise provision that it is in violation of. The Town, in its discretion, may extend the time of Company to correct such defect or remedy such violation upon good cause being shown. Company shall pay all premiums chargeable for the bond and shall keep the same in full force and effect at all times throughout the term of this amended and renewed franchise and during removal of all poles, wires, cables, underground conduits, manholes, pedestals, and other conductors and fixtures incident to the mainten- ance and operation of the Cable Television System as defined in this franchise amendment and renewal. The bond shall contain a provision that it shall not be terminated or otherwise allowed to expire prior to sixty days after written notice to that affect is given to the Town. Any municipal property damaged or destroyed in the installation, operation or maintenance of the system shall be promptly repaired or replaced by Company and restored to serviceable condition to the satisfaction of the Town. SECTION 5: Local Office and Complaint Procedures: During the term of this amended and renewed franchise, and any renewal thereof, Company shall provide either by maintenance of a local business office within or in close proximity to Town or local telephone service for the purpose of receiving and resolving all complaints regarding the quality of service, equipment malfunctions, billing disputes, and similar matters. The office or local telephone service shall be available for inquiries or complaints from subscribers during normal (6) business hours, and in no event less than 9:00 A.M. to 4:30 P.M., Monday through Friday. All complaints and inquiries will be investigated, responded to or acted upon as promptly as is practical, but at least within two business days of their receipt. ' The Company shall by appropriate means, such as a card or brochure, as subscribers are connected or reconnected to the system, furnish information about the procedures for making inquiries and/or complaints, that is, the system name, address, and local phone number to which such inquiries or complaints are to be addressed. Thereafter • Company shall provide notice to each subscriber, at intervals of mot mor than one year, of the procedures for reporting and resolving complaints. Such notice shall be written or by such other means as the NYSCC may $ from time to time approve upon application by Company. Company shal keep a maintenance service log which will indicate the nature of each service complaint, the date and time it was received, and disposition of said complaint and the time and date thereof. This log shall be make available for periodic inspection by Town_ The Town appoints the Town Supervisor to have responsibility for the continuing administration of the franchise and for implementation and supervision of the complaint procedures, he shall be assisted by the Town Cablevision Commission. The Company hereby appoints the Town Clerk as a person upon whom process may be served in any action or proceeding relating to this franchise. In the event that said Clerk shall be served with process -- and within 10 days thereafter, the Clerk shall transmit to the Comp said process by certified mail, return receipt requested, addressed to the Company at the last known address of the Company. Company shall notify the Town Clerk in writing of any changes in system channel carriage. This notification shall be 30 days prior to the change in carriage. (7) SECTION 6: Condition on RoadOccupancxr. (1) Company may enter into one or more contracts with Telephone or Power Company or the owner or lessee of any poles located within town to whatever extent such contract or contracts may be expedient and of advantage to Company in furnishing the service covered by this amended franchise to. its customers. (2) Company's system, poles, wires and appurtenances shall be located, rrected, and maintained so that none of its facilities shall endanger or interfere with the lives of persons, or interfere with any improvements Town may deem proper to make, or hinder unnecessarily or obstruct=the free use of -the streets, alleys, bridges, easements,'or public property. (3) Nothing contained herein shall be construed so as to f confer upon the company, any right, privilege, license, franchise or. permit to install, maintain and operate a Cable Television System in any part of the=Village of Wappingers Falls which is situated within the Town of Wappinger. SECTION 7: Payments to the Town. (1) As compensation for the franchise granted herein and in consideration of permission to use the streets and public ways of the Town for the construction, operation, maintenance, and reconstruction of a Cable Communication System within the Town, there will be paid to the Town of Wappinger a franchise fee equal to three per -cent (3%) of revenue, based upon all subscriber receipts from within the Town (excluding revenues from subscribers within the Village of Wappingers Falls) for all cable programming, including both regular and premium channel programs and as further provided in paragraph five (5) of this section. All funds received pursuftnt to this subsectionshall be deposited into the general fund of the Town. (8) 1 (2) Payments due the Town under this provision shall be computed semi-annually for the preceding half year as of June 30 and December Each payment shall be due no later than 30 days after the close of th period. Each payment shall be accompanied by a report showing the basis for the computation and any other relevant facts required by the Town. (3) No acceptance of any payment shall be construed as an accord that the payment is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the Town has for further or additional sums payable under the provisions of the franchise. All amounts paid shall be subject to audit by the Town. (4) In the event the above referenced franchise fees shall not be timely paid a penalty of 2% for each month of delinquency of the amount in arrears shall be added thereto unless such fee payment shall be made i within 30 days notice of delinquency by the Town. (5) Franchise fee computation to include revenue from installation charges for regular -and premium services, converter rental, monthly revenue from charges for regular and premium services, including revenue for services such as Home Box Office, The Movie Channel, Cinemax, Sports Tier, PlayCable, and similar services. Excluded from franchise fee computatiom shall be revenue from any merchandising operations, sale of devices, accessories, converters, computers or other devices which the customer purchases and for which a monthly charge is not made. Also ex- cluded is any advertising revenue and revenue received for any service which does not require the operation of a cable television system. SECTION 8: Records and Reports. Company shall keep full, true, accurate and current books of account and other like materials related to its operations under this amended franchise, which materials shall be made available for inspection by the Town upon reasonable notice and' during normal business hours. (9) SECTION 9: Rates. Company's rates for service shall be fair and reasonable to both the subscriber and Company and shall not exceed the following schedule. U.S. CABLEVISION CORP. TOWN OF WAPPINGER DUTCHESS COUNTY SYSTEM SCHEDULE OF INSTALLATION, ACTIVATION CHARGES, AND MONTHLY RATES FOR SERVICES 1. RESIDENTIAL INSTALLATION Baisc Subscriber Service including expanded channels. Cable TV and FM Residential Installation Charges. INSTALLATION CHARGES TV AND/OR FM. Normal installation charge (1st outlet) Additional Outlet Installation, each Reconnect Charge (Facilities in Place) Move of Outlet Charge (same premises) $25.00 15.00 15.00 15.00 Notes: A. Normal installation limited to one span of drop wire from existing distribution faicilities (at least 150' from tap to ground block) B. Installation charges for drops in excess of one span shall be the actual cost to the company of providing such drops. 2. COMMERCIAL INSTALLATION TV repair shops, TV sales outlets, taverns, and any shops or establishments in which the public is admitted and would view the TV set or device connected to the cable system. Basic Subscriber Service including Expanded Channels. Normal Installation charge (1st outlet) Additional outlet Installation (each) Interface Connection for Connecting Customer - Owned Distribution Systems and Projection Television Systems Reconnect Charge, facilities in place: Normal connection Interface connection $25.00 15.00 50.00 15.00 25.00 (Customer owned distribution system must meet all state and Federal technical standards.) (10) Notes: A. Normal installation and interface connections limited to 150' of cable from existing distribution facilities. B. Installation charges for connections in excess of 150' shall be the actual cost to the Company of providing such connections. 3. MULTIPLE DWELLING UNIT INSTALLATION (motels, hotels, hospitals, nursing homes, boarding houses, etc.) Basic subscriber service including expanded channels. Interface connection for connecting to existing subscriber owned distribution system $50.00 (Subscriber owned distribution system must meet all state and Federal technical standards) Reconnect charge (facilities in place) $25.00 Notes: A. Normal interface connection limited to 150' of cable from existing distribution facility. B. Installation charges for connections in excess o 150' shall be the actual cost to the company of providing such connections. 4. RETURN CHANNEL TERMINAL INSTALLATION (voice, video or data transmission) Installation subject to availability. Prices to be negotiated upon application to the Company. 5. SUPPLEMENTAL SERVICE ACTIVATION A. Premium programming services consisting of movies, and special events, (available to residential• subscribers only) Activation charge Deactivation charge $15.00 NO CHARGE B. Premium programming service consisting of _live sporting events. (Available to all cable subscribers) Activation charge Deactivation charge $15.00 NO CHARGE 6. BASIC RESIDENTIAL SERVICE, MONTHLY RATES Includes expanded channels Monthly service rate (single family dwelling unit) 1st Outlet 2nd outlet 3rd outlet Each additional outlet $ 7.95 1.50 1.00 .50 Permitted use of above outlets includes cable service for: TV sets, video recorders, frequency converters, FM receivers, and projection television systems. SENIOR CITIZEN RATES Senior Citizens who meet the criteria set by the municipality for 50% tax abatement shall be allowed a 30% reduction on the above residential monthly rates. Rent payers who meet the same age and family income requirements will be allowed the same discount upon application to the Company. ANNUAL DISCOUNT All monthly basic individual residential service rates paid annually in advance shall receive a 6% discount. MULTIPLE OCCUPANCY RATES (Apartment houses) Discounts from the standard individual residential rates shall be applied when one billing to a single account covers service to all individual residential dwelling units within a multiple complex without regard for occupancy or vacancies. The discount structure shall be as follows: 25 51 101 151 201 to 50 units to 100 units to 150 units to 200 units units and over - 25% discount - 30% discount - 35% discount - 40% discount - 50% discount (12) 7. BASIC COMMERCIAL SERVICE Includes expanded channels (TV repair shops, TV sales outlets, and department stores) Internal distribution system must meet all state and Federal technical requirements. Monthly service Rates Service connection to subscriber owned distribution facilities. $10.00 Permitted use of above outlets includes cable service for TV sets, video recorders, frequency converters, FM receivers, and projection television systems. The cable company reserves the right to charge a lower rate in commercial establishments in exchange for permitting advertising of the cable servicetl 8. BASIC MULTIPLE TRANSIENT DWELLING UNIT Includes basic subscriber service and expanded channels. (motels, hotels, hospitals, nursing homes, boarding homes, etc, Monthly Service Charges Each outlet $ 2.00 Minimum Monthly Charge $10.00 Permitted use of above outlets includes cable service for TV sets, video recorders, frequency converters, FM receivers, and projection television sets. 9. RETURN CHANNEL SERVICE (voice, video, and data transmission) A. Narrow Band Data (Fire,burgler alarms, computer inter connect, load and energy management) B. Communication Voice Grade (300 to 3000 CPS Band Width for use in radio paging, and remote control of devices) (13) C. Video (20 CPS to 5-5 MHZ band width for use and other video transmissions) 10. SUPPLEMENTAL SERVICE (Available to regular Premium Channel Services Consisting of movies and/or in TV surveillance 11. Rates: Activation Charge Monthly rate (various) Deactivation sports, and/or cable subscribers) $15.00 per $ 3.00 - 12 No Charge CONVERTER RENTAL (Where required) (Available to Cable Subscribers only) Nothing in this section shall be construed as prohibiting the subscriber from obtaining a suitable converter from any source. The purpose of this section is to provide for the availability of suitable converters from the cable TV company in the event the subscriber desires to obtain'same from the cable company, A. Set Top Converter Monthly $2.50 B. Remote Control Converter Monthly $3.50 A security deposit for the converter may be required by the cable company, this deposit may be waived by the cable company for existing cable accounts who have established a good record of payments. The amount of the individual security deposit shall not exceed one hundred dollars ($100.00). 12. OTHER CHARGES A. Damage to cable company's facilities on or in subscriber's property, caused by an act of the subscriber or the subscriber's agent, shall be billed to the subscriber. The charge for repairing the damaged facilities shall be the special events. service .95 per service (14) actual cost to the company of repairing said facilities. B. Collection Charge Pick up payment at subscriber's home $5.00 C. Late Charge Charge may be added to a cable subscriber's account or bill for non-payment of a past due account. This charge shall not exceed 50 for each 30 day period or portion thereof that the account is in arrears. D. Dishonored Subscriber Payments Subscriber may be charged a $5.00 processing charge in the event subscriber's check or draft is not honored by the bank or financial institution on which it is drawn. The inclusion of return channel service and supplemental service rates into the franchise rate structure is expressly for the purpose of complying with Section 595.1(e) of the rules of the New York State Commission on Cable Television and not for the purpose of circumventing the Federal Communications Commission's pre-emption of local rate control over auxiliary or ancillary services on cable television systems Nothing contained herein shall be construed to prevent the offering on a non-discriminatory basis of sales promotions or other discounts not specified in the franchise (Section 595.1(e)3 of the rules of the New York State Commission on Cable Television ) The use of video recorders by subscribers of the cable system is subject to applicable Federal and International copyright laws. Noth contained herein shall be construed as authorizing the recording or (15) copying of any material carried on the franchisee's cable system. All charges subject to applicable New York State and local sales tax. 13. RATE INCREASES The Company shall have the right to change its rates for basic residential CATV service in the Town, but only after receipt of the approval of the Town. Company shall file all requests to change basic residential rates with the Town in the form of an amendment to this Agreement, and the Town shall consider the rates after the convening of a public hearing held on no less than 30 days' request by Company. The Town's failure to act upon the proposed rates within 45 days following hearing, or the denial of the proposed rates by the Lip10 Town, shall be considered evidence of the existence of a dispute. Whenever such a dispute exists, the Town and the Company shall request C that the Commission prescribe applicable rates under Section 825(5)(e) of the Executive Law. All such applications to the Commission to prescribe rates shall be made in such form and manner as required by Section 835(5)(e) of the Executive Law and Subpart 592.2 of the Rules. All changes in rates shall be in accordance with the rules and regulations of the FCC. Any denial of a rate increase, in whole or in part, shall be accompanied by a written statement by the Town Board which shall set forth the reasons for the denial. SECTION 10: Franchise Term This amended franchise granted Company herein shall terminate on June 21, 1990, unless renewed pursuant to applicable Federal and State rules. (16) SECTION 11: Construction. A map dated July 8, 1982 and updat July 30, 1982, and entitled "Town of Wappinger Existing Service Area and Areas Under Construction" is attached and made a part of this franchise amendment and renewal. Those areas marked in red and yellow shall be constructed within 1 year. The additional construction shall be governed by the provisions of Section 12, hereinafter, and in any construction undertaken Company shall use materials of good and durable quality and all work in construction, installation, maintenance, and operation of the system shall be performed in a safe, thorough, and reliable manner. Should Company be required to expand the channel capacity of its existing system in order to satisfy the requirements of the Federal Communications Commission, it shall complete such expansion or other system modification, as necessary, within one year of the effective date of any such FCC decision, order or requirement. Company agrees to survey those areas in the Town not served with cable service within six months of the grant of this franchise and determine if the areas qualify for construction under Section 12. SECTION 12: Line Extension. Company shall extend its service to any area of the Town contiguous to energized cable operated by the Company upon request by the Town provided that: (1) Not less than a ratio of 60 dwelling units will be passed by each mile of aerial cable required to provide the service including that cable needed to connect to a suitable feed point at then energized cable OR (17) (2) The equivalent in annual subscriber income from 30 bona fide subscribers will be realized per mile of aerial cable needed to provide the service including that cable needed to connect to a suitable feed point at then energized cable. A bona fide subscriber shall be any person living within the proposed service area who places with the Town Clerk a deposit equal to the current single set installation fee authorized. Such deposits shall be returned to the subscriber if for any reason the area is not served within 1 year of notification of the Company by the Clerk that the required deposits have been received. In the event that service becomes available within 1 year the funds are to be paid by the Town Clerk to the Company which will credit them to the account of the subscriber. If, for any, reason, the subscriber fails to agree to connect to the cable within 90 days of being notified of the availability of service, deposit shall be forfeit to the Company. (3) In areas where underground installation is required the same criteria shall be applied except that the difference between the actual cost of the underground instllation and the average current cost of the equivalent amount of aerial plant shall be borne by the developer. (4) The Company of its own volition or at the request of the Board will survey an area and determine probable number of subscribers. If the minimum number for the base rate is indicated the Company may then solicit deposits. If the survey determines a higher rate is necessary, then application must be made to the Board for a Special Construction Area. Any deposits made for an extension must be refunded (18) if applications for licenses and right of ways are not filed with 60 days and service is not instituted within 6 months after final approval including pole licenses and right of ways. If the money is refunded the individual is still considered a bona fide subscriber who will pay the installation fee when the service is available. The deposit, once paid, is transferable with the house if sold before service is instituted. Deposits made under this section are held by th Company. (5) The Town shall have the option of ordering extensions of service into any area not meeting the foregoing criteria, provided, however, that any such extension of service shall be on a basis which is fairly and reasonably compensatory to the Company. Such extension shall be predicated upon a general rate increase not to exceed an amount necessary to sustain the cost of construction or upon such other basis, such as individual installation charges or contributions in aid of construction, as shall be agreed upon by the Town and Company. SECTION 13: Modification of FCC Rules. Consistent with the requirements of Section 76.31 of the Rules of the FCC, any modification or amendment thereof by the FCC shall to the extent applicable, be considered as part of this amended franchise within one (1) year of the effective date of such modification. SECTION 14: Discrimination Prohibited. Company will not refuse to hire or employ, nor bar or discharge from employment, nor discriminate against any person in compensation or, in terms, condi or privileges of employment because of age, race, color, creed, national origin or sex. (19) anv SECTION 15: Abandonment of Service. Company shall not abandon service or any portion thereof without the written consent of the Town, except at the expiration of this franchise. SECTION 16: Applications for Operating Authorization. Company shall file applications for all necessary operating authorization with the NYSCC and FCC Within sixty (60) days of the effective date of this franchise amendment and renewal. SECTION 17: Additional Regulations. The Town reserves the right to adopt, in addition to the provisions contained in this franchise amenderant and renewal and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its police power, provided, however, that such regulations are reasonable; and not materially in conflict with the privileges granted in this franchise amendment. SECTION 18: Separability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court or regulatory agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions hereof. SECTION 19: Additional Requirements. (1) Current services to be provided as part of basic subscriber service - Cablevision will provide eleven VHF channels at no additional cost and additionally will provide four free channels from the additional mid -band provided at the present time. Under no circumstances shall (20) the number of free channels be less than that currently provided. It is understood that in order to obtain the mid -band channels it Lj will be necessary for the customer to provide a converter box. Additionally, should Cablevision at a subsequent time be able to provide additional channels, equipment for which apparently is being currently installed, a reasonable number of those additional channels shall be provided without cost although they may be subject to the use of the converter box or a TV set equipped to receive these cable channels. (2) There will be the capacity for a live, 24 hour per day, seven days per week, audio -video feed from a single origination point, as designated by Municipality in Municipality's school at the Meyer's Corner School. (3) At such time as a non -voice feed from every subscriber's home to the headend becomes desirable and economically feasible, Grantee will be able, within the state of the art as it is presently understood, to make such non -voice service available to subscribers without major reconstruction of the CATV system; and (4) The CATV system shall maintain equipment capable of providing standby powering of the headend (and sub-headend if provided) for a minimum of two hours upon failure of the power furnished by the utility company. (a) The equipment shall be so constructed so as to provide: i. Automatic cut -in upon failure of the AC power; and Automatic reversion to the standby power made upon resumption of AC power service. (21) (b) The equipment shall be so designed as to prevent the standby power source from powering a "dead" utility line. (5) Subject to costs restraints, Cablevision shall endeavor to provide services in accordance with the state of the art as the same evolves over the franchise term and any renewal thereof to enable subscribers to avail themselves of evolving technological benefits. (6) Cablevision shall provide the town on the fifteenth day of January, April, July and October with written reports setting forth the preceding three months the number of new installations made to homes and businesses, all areas to which service has been extended, all technological improvements implemented, and any other expansion of the services provided or capital improvements undertaken. (7) An advisory Cablevision committee is hereby created to assist and advise the Town Board on the operations of the franchise. The committee shall consist of four residents of the town and one representative of Cablevision. All town resident members shall be appointed by the Town Board for terms of two years. The committee shall meet and report to the Town Board quarterly. Cablevision shall cooperate with the committee by appointing a member of its staff to the committee and by providing such information as requested by the committee. (8) Should Cablevision desire to amend this ordinance from time to time, it shall submit its request in writing to the Town Board, which shall cause a public hearing to be held on the request within (22) forty (40) days after receiving the same and which shall act on the request no later than twenty (20) days following the hearing. A copy of such request shall be forwarded to the Cablevision committee, who shall prepare an advisory recommendation for the public hearing. SECTION 20: Notwithstanding any provision of this ordinance, the franchisee shall meet or exceed all those regulatory standards imposed by the applicable regulatory agencies as such standards are amended from time to time. Such standards shall be deemed to be incorporated by reference. In the event any regulatory standards governing performance are rescinded, the Town may request the company to renegotiate the provisions affected. In the event agreement is not reached within 90' days after the request for renegotiation, except as provided for below, the matter shall be submitted to the New York State Commission on Cable Television for arbitration. The renegotiation request may be withdrawn by the Town at any time. SECTION 21: Ordinances Repealed. All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed. SECTION 22: BE IT FURTHER ORDAINED that this Ordinance take effect from the date it shall have been passed by the Board, certified and delivered, to the office of the Supervisor, in writing, and become effective as otherwise provided by law. Louis D. Diehl, Supervisor Town of Wappinger Attest: Elaine Snowden, Town Clerk Town of Wappinger Piatmes ROSEN CRANE AND WOLFSON ATTORNEYS AND COUNtELLO11t AT LAW 'AEKET STRUM :t►Elt. NEW 11011E 11101 m1 404.1100 AGREEMENT, made this /.3 qday of ©e -T Zef' 1982, by and between the TOWN OF WAPPINGER, Dutchess County, New York, a municipal corproation, with offices situate at the Towg Hall, Mill Street, Wappingers Falls, New York, 12590, hereinafter designated as the "Town", and the TOWN BOARD OF THE TOWN OF WAPPINGER, acting as Commissioners of the Rockingham Farms Sewer District, hereinafter designated as the "Board", and Z & M DEVELOPMENT CORPORATION, a domestic corporation with its principa" place of business situate at 12 Plaza Road, Wappingers Falls, New York, hereinafter designated as the "Corporation", and MAKS ETINGIN, with offices situate at 140 East 81th Street, New York, New York, 10028, hereinafter designated as "Etingin", WITNESSETH: WHEREAS, the Corporation and Etingin are the owners of a certain parcel of land situate in the Town of Wappinger, Dutchess County, New York, which premises have received prel.minaxy subdivision approval from the Planning Board of the Town of Wappinger and which premises are to be known as the "Carmel Heights Subdivision"; and WHEREAS, the Town of Wappinger is the owner of the Rockingham Farms Sewer District and the Town Board of said Town acts as,the Commissioners of said sewer district; and WHEREAS, the Corporation and Etingin, as the owners of the subdivision to be known as the "Carmel.Heights Subdivision' ��C..9'.Wta' fit"' td/',`v ROSEN CRANE AND WOLFSON •TTOIINEYE AND COUNSILLONE AT LAW MA*KET STRUT ;EE►NE. Naw YORK 131101 •1 414.1300 have made a request to the Town Board of the Town of acting as the Commissioners for the Rockingham Farms District, to allow the individual proposed building Carmel Heights Subdivision to become tenants of the Wappinger, Sewer lots in the Rockingham Farms Sewer District, subject to certain conditions hereinafter set forth; and WHEREAS, the Town Board of the Town of Wappinger, by resolution dated the day of , 1982, has determined it will permit the Corporation and Etingin, as the owners of the Carmel Heights Subdivision, to allow the individual building lots within such subdivision to become tenants of the Rockingham Farms Sewer District, upon certain terms and conditions set forth in said resolution, a copy of said resolu- tion as attached hereto and made part hereof, marked and designated Exhibit "A"; and WHEREAS, in consideration of the Town Board granting 4 permission to the Corporation and Etingin to allow the individual building lots in the proposed subdivision to become tenants of the Rockingham Farms Sewer District, the Corporation and Etingin have agreed to make certain improvements to the sewer pipes and manholes of the Rockingham Farms Sewer District; and WHEREAS, the New York State Department of Environmental Conservation has granted its approval of the proposed connection of the said subdivision to be known as "Carmel Heights Subdivi- sion" to the Rockingham Farms Sewer District,.upon completion -2- ROSEN CRANE AND WOLFSON ATTORNEY/ AND COUNSELLOR/ AT LAW /TwER - 11. NM VOID( 11/01 • Al1111.1200 of the proposed improvements as hereinafter set forth; and WHEREAS, the parties hereto desire to make the provisior. for such connection to fix the consideration and conditions L thereof; NOW, THEREFORE, in consideration of the mutual covenant:, conditions and promises herein contained, it is mutually understood and agreed as follows: 1. Homes built upon approved lots within Carmel HeightP. Subdivision shall, subject to the rules of the Rockingham Farms Sewer District and at their own expense, have the right to dis- charge into the sewer system known as the Rockingham Farms Sewer District the sewage outflow from the individual building lots located therein in accordance with the proposed sewage plans prepared by Richard G. Barger, P.E. & L.S., dated the 1st day of June, 1982, as amended, upon the express condition that the Corporation and Etingin, as the owners of the proposed subdivision to be known as the "Carmel Heights Subdivision",‘ make the improvements and repairs to the sewer pipes and manholes as set forth in the aforementioned report prepared by Richard G. Barger, P.E. & L.S., dated June 1, 1982, as revised, entitled "Rockingham Farms Sewer District Infiltration/Inflow Removal Carmel Heights Subdivision". A copy of said report is attached hereto and made a part hereof, marked and designated Exhibit "B". 2. The parties acknowledge that at present, there exists excessive inflow of rain and surface water into the sewer -3- ROSEN CRANE AND WOLFSON done under the supervision and inspection of 2udolph E. Lapar, ATTORNEYS AND COU NIELLODA AT LAW STRUM PLO04EttP$I(NEW YORK 121102 141 434.2200 lines and appurtenances in the Rockingham Farms Sewer District, which results in daily flow rates well above the plant capacity. It is the intention of this agreement that the Corporation and 4- Etingin shall make certain repairs to the sewer pipes and manholes in the Rockingham Farms Sewer District in such a manner so as to remove the infiltration/inflow of rain and surface water into the sewer pipes and appurtenances in an amount equivalent to the sewage flow capacity necessary to connect the individual single family building lots located within the subdivision to be known as the "Carmel Heights Subdivision" to the Rockingham Farms Sewer District. The parties agree that for the purposes of this agreement, page 4 of the report of Richard G. Barger, P.E. & L.S.. dated June 1, 1982, as revised, indicates the amount of infiltra- tion/inflow that will be removed upon the satisfactory completion of the repairs as set forth in said report. Accordingly, the Corporation and Etingin shall be entitled to connect one residen- tial lot for each 400 gallons of infiltration/inflow removed per day, as the work/repairs progresses. (For example, if the Corporation and Etingin make the necessary repairs from manhole 1 to manhole 2, they/shall be deemed to have removed 1,440 gallons per day of infiltration/inflow, and, accordingly, would be entitled to connect 3.6 residential building lots to the Rocking- ham Farms Sewer District.) All work done pursuant to this agreement shall be -4- ROSEN CRANE AND WOLFSON •TTOIINfYI AND .t(LLO"t AT LAW NAN KIT 111TNt07 11C WW1. Ntw YON" ISMS 1.111 •01.1100 engineer to the Town, whose decision as to the progress and method of work and satisfactory completions thereof shall be final and binding. 4- 3. Upon connection to the Rockingham Farms Sewer District sewer system, the individual building lots contained within the subdivision shall be charged and assessed double the operation and maintenances charges that the Rockingham Farms Sewer Disrict charges to the present residents of the Rockingham Farms Sewer District, as established by the Town Board. The rates charges herein to the individual building lots in the Carmel Heights Subdivision as established herein shall continue for a period of five (5) years, and thereafter, at such reasonable rates as established by the Town Board. it is hereby expressly agreed that in consideration improvements to be made pursuant to this agreement, Further, of the there shall be no individual "connection fee" charged to the approved building lots within the Carmel Heights Subdivision. 4. The corporation and Etingin, their agents, servants. employees, contractors and subcontractors hereby agree to hold the Town of Wappinger and the Rockingham Farms Sewer District harmless from any claims which might arise from the work under- taken pursuant to this agreement. '' 5. The Corporation and Etingin or any contractor em - 1 ployed by them to do the work required to be done pursuant to this agreement, shall purchase and maintain such comprehensive general liability and other insurance as will provide protection from claims set forth below, which may arise out of or result from -5- iOSEN CRANE ANo WOLFSON ATTORNEYS AND COUNSELLORS AT LAW MEET STREET .o ,EPSHE, NEW YORK 1RO01 4) 4SA-EE00 the performance of the work required to be done herein and the other obligations pursuant to this agreement, whether such performance is by the Corporation and Etingin, by any contractor or by any subcontractor, by anyone directly or indirectly employed by any of them or by one for whose acts any of them may be liable: (a) Claims under workers' or workmen's cotnpensaticn, disability benefits and other similar employee benefit acts. (b) Claims for damages because of bodily injury, occupational sickness or disease, or death of any employee of the Corporation, Etingin or any contractor or subcontractor. (c) Claims for damages because of bodily injury, sickness or disease, or death of any person other than Corpora- tion's, Etingin's, contractor's or subcontractor's employees. (d) Claims for damages insured by personal injury liability coverage which are sustained (i) by any person as a result of an offense directly or indirectly related to the employ- ment of such person by the Corporation, Etingin, a contractor, or subcontractor, or (ii) by any other person for any other reasor. (e) Claims for damages, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom. (f) Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph shall include the specific coverages and be written for not less than $500,000.00. No insurance will be cancelled unless 30 days written notice has been given to the Town. All such insurance shall remain in effect until all work has been completed pursuant to this agreement and at all times thereafter when the Corporation, Etingin, any contractor or subcontractor may be correcting, removing`or replacing defective work in accordance with paragraph 01CP. -5a- ROSEN CRANE AND WOLFSON ATTONMEYS AND NSILLONS AT LAW 1 LANKLY STNIET M It. NEW YOLK 11191101119141 494.4200 It is presently contemplated that the Corporation and Etingin intend to subcontract the work to be done pursuant to this agreement, and in consideration thereof, it is expressly agreed that any work so contracted shall be done under the supervision and inspection of Rudolph E. Lapar, Engineer to the Town of Wappinger. 6. The parties further agree that upon dedication of highways and upon completion of any necessary sewer trunklines in the highway rights of way located with the subdivision to be known as "Carmel Heights Subdivision" that the same will be maintained by the Town of Wappinger and that upon dedication, any subsequent repairs or improvements to the sewer pipelines and appurtenances in the subdivision to be known as "Carmel Heights t Subdivision" shall be assessed separately to the residents thereof. In furtherance hereof, the Corporation and Etingin hereby agree to petition to the Town Board of the Town of Wappinger for the creation of a tenant sewer district. 7. This agreement is further subject to and conditioner upon approval by the Dutchess County Board of Health as to the proposed plans for repair work as set forth in the report of Richard G. Barger, dated June 1, 1982, as revised. 8. The parties agree to be bound by and to comply -6- ROSEN CRANE A N o WOLFSON •TTOKMEY/ AND `YM{ELLO110 AT LAW 1 MARKET TEXT fMKEEPE1E. MEW TOME 18001 with all the applicable provisions of the Town Law and the Environmental Conservation Law, as well as the rules, require- ments and orders of the New York State and Dutchess County Department of Health and the New York State Department of Environmental Conservation, the requirements of any other proper regulatory board or agency, and the ordinances, local laws or regulations of the Town of Wappinger, Dutchess County, New York. 9. The parties agree that the Corporation and Etingin shall be deemed to have completed the repair work required to be done pursuant to this agreement, or a pro rata portion thereof as soon as same has been approved and accepted by the Engineer to the Town. 10. All work done pursuant to this agreement, whether done by the Corporation and Etingin, or by another contractor, shall be guaranteed from defects in materials and workmanship for a period of one (1) year from the date of acceptance and approval by the Engineer to the Town. 4 11. The parties further agree that the fees of the Engineer to the Town shall be paid by Z & M and Etingin pursuant to a separate agreement. 12. This agreement shall be binding upon the parties, and their heirs, executors and assigns. IN WITNESS WHEREOF, the parties have executed this agreement in four counterparts, each of which shall constitute -7- and their heirs, executors and assigns. IN WITNESS WHEREOF, the parties have executed this agreement in four counterparts, each of which shall constitute an original as of the day and year first above written. i ROSEN CRANE AND WOLFSON ATTONNSYS AND COUNSELLORS AT LAW MARKET STRICT :ESpu1E. NSW YORK 12001 141 104.2200 TOWN OF WAPPINGER By: TOWN BOARD OF THE TOWN OF WAPPINGER By: Z & M DEVELOPMENT CORPORATION By: MAKS ETINGIN an original as of the day and year first above written. TOWN OF WAPPINGER 4 - By: TOWN BOARD OF THE TOWN OF WAPPINGER By: Z & M DEVELOPMENT CORPORATION By: MAKS ETINGIN STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) 4 On the day of , 1982, before me personalli came , to me known, who, being by me duly sworn, did depose and say that he resides at that he is the of the TOWN OF WAPPINGER, the corporation described in and which executed the fora oing instrument; that he knows the seal of said corpora- tion; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Trustees of said corporation, and that he signed his name thereto by like order. Notary Public 4411 it:C i..i i STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) On the day of , 1982, before me Eersonally came , to me known, who being by me duly sworn, did depose and say that he resides at ; that he is the of the TOWN BOARD OF THE TOWN OF WAPPINGER, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixec by order of of said corporation, and that he signed his name thereto by like order. Notary Public STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) 4 On the day of , 1982, before me personally came ZVI SEGAL, to me known, who, being by me duly sworn did depose and say that he resides at Plaza Road, Wappingers Falls, New York; that he is the President of Z & M DEVELOPMENT CORPORATION, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Notary Public STATE OF NEW YORK ) ss: COUNTY OF ) On the day of , 1982, before me, the subscriber, personally came MAKS ETINGIN, to me personally known and known to me to be the same person described in and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. Notary Public