1977-03-10 PH127/'
A Public Hearing was held by the Town Board of the Town of Wappinger
on March 10, 1977 at 7:00 P.M. at the Town Hall, Mill Street, Village
of Wappingers Falls, Dutchess County, New York, on an Ordinance
Amending the Zoning Ordinance of the Town of Wappinger (Special
Use Permit).
Supervisor Diehl opened the hearing at 7:01 P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Absent:
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Others Present:
Allan Rappleyea, Attorney to the Town
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized by Albert Osten of the
W&SD News. All surrounding municipalities had been notified, all
newspapers and radio stations had been notified.
Mr. Clausen said as he understood it, the proposed change in the
Ordinance would bring the present Ordinance more in line with Section
. 281.
Mr. Fanuele--on one of the sections on the appeal of a decision by
the Zoning Board, if we change the word Planning Board to Zoning
Board of Appeals, then the Zoning Board of Appeals issues special
use permits and they appeal back to themselves - Section 436 needs
clarification.
Mr. Rappleyea explained that actually the ultimate decision rested
with the Zoning Administrator.
No one else spoke.
The hearing closed at 7:08 P.M.
at,us _SA
Elaine H. Snowden, Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
• IN THE MATTER
127
AFFIDAVIT OF
OF POSTING
AN ORDINANCE AMENDING THE ZONING.
O RDINANCE C ' THE TOWN OF WA PPIN_ GER_
(SPECIAL USE PERMITS).
STATE OF NEW YORK )
)ssi
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 Feb. 22, 1977, your deponent posted a copy
of the attached notice of Public Hearing on an Ordinance
Amending the Zoning Ordinance of 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, Town of
Wappinger, Dutchess County, New York.
Zeap�tkellOCO(.t
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this /D 7:4(
day oaf, )6/44-4-4-Z 1977.
Notry
a Public
Awry Ft r c: !;.:r i;rn Stair
Cot:iri
Gomm4 n ew.ros Fwin;h 30, 197
W. and S. D.
NEWS
DISPLAY ADVERTISING
914-297-3723
84 EAST MAIN STREET - WAPPINGERS FALLS
ti~
CLASSIFIED ADVERTISING
rPIEA;kw tsc-
s s**att-- - ---
•
WI Hai NNA'- StreetW WppiM
atl 7:a Yo0 P.MOrn TA_$t to i _M a
: aslrof NM ^�
persons=-toncerfinq:•an -Ord ncer
Amend ttie:2oni •cddM.nCt"Of.
Taw
•Board et, T
,y om i al F, . Pre r u.,, yr
(ra ed t oormdsi
moved its tion:
An erdi amending'��jj 3a►thq.
ordinance a 'Term .I;; YYip�lilga
a optepd..Jo 29�MT `-4. lei'--:�^
;* Tow*
�, ey u ful aoald
•�, 0) as
4111i.02-oo1 tl
:ion • are repealed.
- FE off TWO;
nn
INimuilf rl1R•PAW
;mod ffl' ptOWsione of to
mthe
agiPuTriibili FaN I
devetopm t m
ppropriatt
P era street: andtit
a
Of open7. IL That
aooticatiatiter Of
It maytiitreferred lathe ..
thedfecretion'of the PI
In the said Ptarioterg Board's
the use of this
McTown* Wappinger.. l
shaltthe location and i
fpraperiy'#2-., n number and
Jotter
,434.03#4,
amended
B and ofAar to OF pi
1te PI Board.
'the same, any lippliu
permits which My
Zoning Adml$fstratar
date of
, i pracesud
TA ^r effect Gn. °
nwe>�',+aly Ion,- "Town and
,sacaarnd CauncIm,usen .
1l_c-F..Town Clark .
wnaf wapOt
AFFIDAVIT OP PUBLICATION
State of New York.
County of Dutchess.
Town of Wsppinger.
• Gisela Schmitz
a•
127
of the
Town of Wappinger. Dutcheu County. New Yak.
being duly sworn. says that he U. knd !t the several
times hereinafter was. the...$QP. PAIleF of
W. & S.D. NEWS. a newspaper printed and published
every Thursday In the year in the Town of Wappinger.
-Dutcheu County. New Yak. and that the annexed
NOTICE was duly published in the said newspaper for
....Ale .week succeuively...4Ft&c..in each week.
commencing on the.. A ..day of.... 'ebr rx..
1977. and on the following dates thereafter. namely on
and ending on the 23rd day of Februar...
1977. both days inclusive.
Subscribed andsworn to before me
this 41UL....day 01. • •CbX140TY
Notary Public
My commission expires
- ALBERT M. OSTEN
NOTARY PUBLIC, STATE 1F NW YORK
QUALIFIED IN CU HRH COUNTY
014-E240760 �
.:iH^.LlISSIoN EXPIRES MARCH 30,19.4v
A Public Hearing was held by the Town Board of the Town of
Wappinger on Thursday, March 10, 1977, at 7:30 P.M. at Town
Hall, Mill Street, Wappingers Falls, New York on the Petition
of U.S. Cablevision Corporation for an Amendment to a Franchise
to Increase Rates of CATV system servicing the Town of Wappinger.
Supervisor Diehl opened the hearing at 7:30 P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Others Present:
Allan Rappleyea, Attorney to the Town
The Town Clerk offered for the record the Affidavits of Posting and
Publication duly signed and notarized by Albert M. Osten of the
W&SD News. All newspapers and radio stations had been notified
of the Public Hearing and notice was posted on the bulletin board
maintained by the Town Clerk in her office.
Supervisor Diehl asked if there was anyone present who wished to
speak.
• Gerard Pisanelli representing Harold Mangold, Attorney for U..
Cablevision presented a report on financial data to justify the
increase they requested from $6.00 to $7.00 per month. The manager,
Mr. Howard Erichsen and comptroller were also present to answer
questions. They have provided service to the Town since 1967, the
original charge was $4.85 per month, this amount stayed in effect
until the end of 1974 when the rate was increased to $6.00. The
increase they were requesting would become effective May 1, 1977,
and although this amount was not all that satisfactory, but fair and
reasonable under the circumstances, as they are well aware of the
high cost of everything for the individual subscriber. Document was
presented to the Board giving a brief description of the system and
showed the efforts the system has made with the Wappinger Central
School District to provide services to the community.
Charles Cortellino, 11 Russ Place asked about their return on
assessment and equity for 1967 and intervening years up to 1974.
He had heard a reference to the WCS program - he has never seen
the program, was this done recently. There is no local program.
He then asked the reason for the low return since they were picking
up customers.
Mr. Erichsen stated they had lost 171 customers. When asked why,
he said the unemployment rate in the area was one reason - people
were reverting back to antennas. Another reason was vacant homes.
Mr. Cortellino discussed the Home Box Office and Charter Cable -
they were combining these two in their finances, which shouldn't be
done. He complained about the reception and static - it was terrible,
he was not concerned about the airport being there or high tension
lines, "that's the reason I'm on cable" - does not have quality
reception. Another problem is service, if something happens to the
set on the weekend -- nothing gets fixed until Monday. If this
happens with Central Hudson or the telephone company, they don't say,
are your neighbors without a phone - I don't wish to go to a neighbor,
he's watching Channel 7, I might want to watch Channel 4. He asked
about microwave relay, test patterns, UHF, FM. Mr. Cortellino then
demonstrated a $600 tuner to prove a point in reception. He brought
up a case he heard about with the N.Y. Telephone Company or the
telephone company in general appealing a court decision that the
customer pays for service to the house, if you hook up your own
phone, there is no additional charge. The cablevision company
charges for each additional set put on the system.
When asked by Mr. Diehl why Wildwood Manor Apartments gave up the
service, Mr. Erichsen said they did this as an economy measure, he
didn't think their rates had increased.
0"
Joseph Landolfi, Wildwood Drive --at the time of the franchise, it
was awarded because the company was a local organization, now we
pay our bill to Rhode Island. Is it still local? He questioned
the rate on HBO installed at the local fire house, $30.00 per
month which is the commercial rate.
Rudolph Lapar--is there on file some sort of paper which lists what
these people will not provide? They will not provide FM, or weekend
service. Is this utility supposed to be run for the convenience of
the people of the Town of Wappinger or for the convenience of the
people running the organization? Mr. Erichsen replied that con-
venience has a price tag. Mr. Lapar suggested changing their hours --
on weekends and off during the week; if you have more than one
employee, no overtime should be involved.
Mr. Rappleyea asked for a breakdown on figures of depreciation and
amortization.
Mr. Gus Tullo asked for the number of customers on plain cable and
the number on Home Box.
Tom Byrne, Quarry Drive --Poughkeepsie Cable charges $5.75 a month,
don't they provide the same service.
Gus Tullo--"I find it hard to accept when I complain about a color
reception and the serviceman shows up with a black and white set.
They cannot communicate that way. We must insist on better service".
He has kept his antenna on the house and many nights he switches
over to that rather than cable and gets a much better picture. It's
been that way for months. Response to complaints is terrible, he
even sent in a partial payment hoping for some communication, they
just added it on to the next bill. Buzzing on HBO terrible for 8
months. WCS program - it's hard to believe it's 256 hours a year,
that's more than 5 hours a week, what he did see he wouldn't watch
for more than 5 minutes; the lighting is poor, is it the school
equipment or theirs.
When asked if it was still the original company, Mr. Erichsen
replied it was Highway Display and it changed ownership in 1970.
kW 1
Mr. Diehl then asked
for a rate increase,
if that was the reason they were now asking
to help defray cost of purchase.
Jim Sheedy, small business man in the town, wished he could run
his business inefficiently and when it starts to falter,go out and
ask for price increases to cover his inefficiency. "Look within
your own house before you start asking for rate increase. In a
tight ship everyone knows what they are doing. If your operation
isn't running efficiently you won't get a reasonable return, even
if yoli'get a price increase. I've seen three of your men working
on one line - incredible - I've seen 1 telephone man working on
a line z mile long'
Mr. Jensen --the same questions came up several years ago when
Mr. Calhoun came in for a rate increase. Nothing has happened.
The spokesmen here tonight represent some 2,000 people, otherwise
the hall would be jammed. We had asked about the southwestern
portion of the Town.
At that time Mr. Calhoun said it wouldn't
be long before they would have cable. It hasn't happened yet. It
seems you've gone backwards rather than ahead. He's heard the same
complaints verbatim from others. He would hope and trust they
could come up with a better service to the Town. They have a
sizable franchise in the Town of Wappinger, 61 miles, and feels we
are entitled to better service.
Mr. Versace had two questions --1. the agreement with Highway Displays
June 1967 is renewable this year. In Article 14 of this agreement,
it provides for 12 channels and channel 12 was reserved for Town
and school for local programs. Within the last six or seven months
channel 12 has become channel 5 and vice versa. If you are using
channel 6 for local, then you are only providing 11 channels, you're
using one channel twice. The second comment is the method of billing.
Evidently, you are billing residents in the Town of Wappinger two
months in advance for service that is evidently not good judging
from the comments heard tonight. There is no provision for reduction
in payment if they are without service. Central Hudson and the
L
L
132'
telephone company, you use the service, then you pay the bill, is
there any reason why they don't do that.
Vic Fanuele--there's a lot of interference, although it's the best
reception he's had in a good while. Channel 11 barely comes in
with color, black and white is beautiful. They keep telling me the
trouble is on the pole, but I never see anyone on the pole. If
you know there's trouble there, why don't you fix it, why wait for
a complaint. This has been going on for 6 years.
Mr. Pisanelli told the Town Board they have three alternatives -
either approve or deny the rate increase, if you deny, it would be
their position based on information they have provided, to commence
a lawsuit which they have done in the Town of Poughkeepsie where
they arbitrarily refused a rate increase. The third choice --the
New York State Commission is given the responsibility of looking at
cable TV and deciding whether or not the services are comparable in
the area - the Town can join with them asking the State Commission
to fix a rate in this area comparable to other areas of this size.
He presented a draft resolution if they wished to consider it.
Mr. Diehl asked for answers to some of the questions presented
tonight, their intent to improve or correct any problems heard
tonight, based on this the Board will make a decision and will take
steps necessary at that time.
Mr. Cortellino asked for the public hearing to be continued at a
later date. A log was supposed to be kept of every complaint,
action taken and time period that had elapsed. There were more
questions to be asked.
Mr. Fanuele said this log couldn't be accurate or up to date as
they do not ask his name and address when he calls.
Mr. Jensen said the Town Board was aware of the options they had,
but if commission decides, were they saying they would be satisfied
with an increase less than $7 and continue operating the system.
Mr. Clausen asked Mr. Pisanelli's interpretation of the franchise
with the Town of Wappinger--exclusive company in the Town of
Wappinger? Are you so confident that your contract with the Town
will be renewed? Tell us what the cost is for good service. All
you have told us tonight is that you want an increase for poor
quality reception and subsequent service. If you have to increase
your signal, fine, do that, do what you have to do, even if it
costs $10 a month, you would get better reception from your customers.
Improve first, then increase. When you receive service call in
Beacon office, is there any method of calling people back after
repairman has been there to see if it was satisfactory. What are
your intentions for southeast and southwest portions of the Town.
When asked about "poor signal", Mr. Erichsen explained that the
signal was received at the head -in site on Cider Mill Loop which
is 70 miles from the origin of the signal at Empire State Building.
Many things affect it when it leaves that point. Once it fades,
there's nothing you can do to recover it. Bad amplifiers on the
pole cause a lot of trouble of snow on higher channels. Their
system in the town meets all technical standards required by
Federal and State. Any furtherimprovement requires drastic expen-
sive measures such as microwave signals to improve quality.
Mr. Versace going back to 12 channels - channel 12 was originally
set aside for Town and school type of programs, channel 5 is spec-
ifically used for home box, you reversed this when you found home
box could be seen free with a contraption on channel 12.
Mr. Erichsen explained that the channel they originally put home
box on could cause interference with aircraft navigational equipment,
so it had to be changed at the request of FCC and FCA; they had a
choice of either dropping home box or place it on a normal channel
which would have no security so a trapping device would have to be
used and the only channels this could be used on was 2, 5 and 7.
Since 5 was a non -network station, it was moved to that channel.
Mr. Versace reiterated that this answered his question but thought
the Town Board should have been made aware of it, since this was a
change in their agreement.
1 3 4
More discussion ensued along the same lines and from the same
speakers that had spoken previously. No one, it seemed, had good
reception or good service and more questions were directed to the
officials from U.S. Cablevision, but it was repetitious, and they
were told a report would be forthcoming to the Town Board for their
perusal and eventual decision on the petition that was presented.
Mr. Jensen moved to close the Public Hearing, seconded by Mr. Diehl
and unanimously carried.
The Hearing closed at 9:38 P.M.
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF
PETITION OF U.S. CABLEVISION CORP.
FOR AN AMENDMENT TO A FRANCHISE TO
INCREASE RATES OF CATV SYSTEM
- SERVICING TOWN OF WAPPINGER.
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
says:
POS TING
ELAINE H. SNOWDEN, being duly sworn, deposes and
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 Feb. 22, 1977, your deponent posted a copy
of the attached notice of Public Hearing on a Petition
of U.S. Cablevision Corporation for an Amendment to a
Franchise to Increase Rates of CATV system servicing the
Town of Wappinger, on the signboard maintained by your
deponent in heroffice in the Town Hall of the Town of
Wappinger, Mill Street, in the Village of Wappingers Falls,
Town of Wappinger, Dutchess County, New York.
Elaine K. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this
day of
(),1.44/1.
r
'Notary Public
1977.
ai :.,:es .30, 131
411
W. and S. D.
NEWS
DISPLAY ADVERTISING
•
13'7 .
•
CLASSIFIED ADVERTISING
914-297-3723
84 EAST MAIN STREET - WAPPINGERS FALLS
EASE TAKE NOTICE Mat" the
n Board of m.e. Town of
WaPolak Nearingup�pin�glh��
oconduct
U S. Cablevisbn-TArporafbn
an Amendment • to a Franchise to ,
ease Rates of CATV system ser•
ng the Town of Wappinger, and that
Amwidmwd and approval thereof
would be subset to the approval of the -
New York Stat* Commission on Cable
Television and other governmental '
indher#la es.auA+orized. to be held on-- -
Y. March 10, ftin, N 7: F.M.
UT,gat 1111 Tann- MUT $trsst.
New Y*Much
timealtintareptedet snewden.
e_ awfiofwappi4
-Dated: Feb. '111.; 1t►1T • �.
Wappingers Faps.,tw`wYork ..y:
AFFIDAVIT OP PUBLICATION
State of New York.
County of Dutchess.
Town of Wappinger.
Gisela Schmitz
of the
Town of Wappinger. Dutcbeu County. New Yak.
being duly sworn. says thatoe het.II. and it the several
times bereiaafter was. the eeper of
W. & S.D. NEWS. a aewspaper printed and published
every Tbutsday in the year in the Town of Wappinger.
-Dutcbeu County. New Yak. and that the annexed
NOTICE was duly published in the said newspaper for
.. Rink ...week successivelyJ... At34 P . in each week.
commencing on the. ..2r 4;.. day of POTMEI "9. .
1972 and on the following dates thereafter, namely on
and ending on the 3r$ day of February
19..Vboth days inclusive..
d.q...
c' •A'
(441
Subscribed and swan to before me
this 23rd day of February t9.
Notary Public
My commission expires
ALERT M. CSTEN
R3TA ZY FU^UC, STATE OF 1.E\'1 YORK
QuAF lfl 3N CJTC+1L"S CCUt1TY
0.14-52050 (�
rOMMISS:G% EXPIRES ':.r?Cit .1Q, 162D