2008-077K V,
bad! T J
2008-77
Resolution Authorizing a Public Hearing in Connection with Initial Franchise Agreement
for Cable Television Service with Verizon New York, Inc.
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on March
l0", 2 00 8.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina (arrived at 9:14 PM)
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilwoman McCarthy.
WHEREAS, the Town of Wappinger (the "Town") is a franchising authority in
accordance with Title VI of the Communications Act of 1934 (the "Communications Act") and
is authorized to grant one or more cable television franchises pursuant to Article 11 of the New
York State Public Service Law, and Title 16, Chapter VIII, Parts 890.60 through 890.6 through
899, of the Official Compilation of Codes, Rules and Regulations of the State of New York (the
"Cable Laws"); and
WHEREAS, VERIZON NEW YORK INC. ("Verizon") is upgrading its existing
telecommunications and information services network through the installation of what Verizon
refers to as "Fiber to the Premises Telecommunication Network" (the "FTTP Network") within
the Town and elsewhere, which existing network transmits Non -Cable Services (as defined in the
Verizon Franchise Agreement) pursuant to the authority granted by Section 27 of the New York
Transportation Corporations Law, and Title II of the Telecommunications Act, which Non -Cable
Services are not subject to the Cable Law or to Title VI of the Communications Act; and
WHEREAS, the FTTP Network occupies public rights-of-way (as defined in the Verizon
Franchise Agreement) within the Town, and Verizon desires to use portions of the FTTP
Network now or hereinafter installed within the Town to provide cable service (as defined in the
Verizon Franchise Agreement); and
WHEREAS, Verizon has previously submitted an application for cable television service
to the Town; and
WHEREAS, joint negotiations between the Town of Wappinger, the Town of
Poughkeepsie and the Village of Wappingers Falls have resulted in a proposed agreement
entitled "Cable Franchise Agreement between the Town of Wappinger, New York and Verizon
New York, Inc" ("Verizon Franchise Agreement"), copies of which are available for review and
inspection of the Town Clerk during normal business hours; and
WHEREAS, Verizon has requested that the Town Board conduct an initial Public
Hearing on the proposed grant of the Franchise to Verizon; and
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby schedules a Public Hearing for the purpose of
considering the granting of an initial franchise agreement for cable television
service in the Town of Wappinger with Verizon New York, Inc. to be held at
Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 24th day of
March, 2008, at 7:00 PM, and that the Town Clerk be directed to post and publish
Notice of the Public Hearing in the form annexed hereto. Said publications are to
be made in the Southern Dutchess News and the Poughkeepsie Journal at least ten
(10) days prior to the scheduled Public Hearing.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
3/10/2008
The Resolution is hereby duly declared adopted.
Q�' C. M� � ,
-V AN C. MA TERSON, TOWN CLERK