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2018-2312018-231 Resolution Authorizing The Town Of Wappinger To Renew A Cable Franchise Agreement With Cablevision Of Wappingers Falls, Inc., To Operate A Cable System In The Town Of Wappinger 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 October 9, 2018. The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the following was recorded: ✓ Vote Record - Resolution RES -2018-231 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Seconder Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Robert Johnston Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Beale. 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 nonexclusive cable television franchises pursuant to Article 11 of the New York Public Service Law, as amended, and Title 16, Chapter VIII, Parts 890.60 through 899, of the Official Compilation of Codes, Rules and Regulations of the State of New York, as amended (collectively the "Cable Laws"); WHEREAS, the Town, executed a franchise agreement with Cablevision of Wappingers Falls, Inc. (the "Franchisee") on April 30, 2007, which was thereafter confirmed and made effective by the New York State Public Service Commission ("Commission") on October 22, 2007 for a term of ten (10) years (Case No. 03-V-1133), and WHEREAS, said franchise agreement expired on October 22, 2017; and WHEREAS, Franchisee has submitted a proposed franchise renewal agreement (the "Franchise Renewal Agreement") to continue operating its system within the Town; and WHEREAS, The Town and Franchisee have mutually agreed to the terms of said Franchise Renewal Agreement; and WHEREAS, the Town has determined that the Franchisee is and has been in substantial compliance with all terms/provisions of its existing franchises and applicable law; and WHEREAS, on October 9, 2018 at a regularly scheduled Town Board meeting, the Town held a public hearing on the Cablevision Application and the Franchise Agreement at which Cablevision made a presentation to the Town Board in favor of the Franchise Agreement, and members of the Town Board and the public were given notice and opportunity to comment on the presentation and ask questions; and WHEREAS, the Town Board has identified the cable related needs and interests of the residents of the Town of Wappinger and has exercised due diligence in considering the technical ability, financial conditions, character and legal qualifications of Verizon to meet such needs and interests. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board finds that Cablevision of Wappingers Falls, Inc. is legally (pursuant to NY Public Service Commission Rules and other statutory requirements), technically, financially and otherwise qualified to meet the cable -related needs and interests of the Town of Wappinger and that the Franchisee will meet all statutory and regulatory non- discrimination requirements. 2. The Town Board finds that the cable service offered by the Franchisee will include competitive offerings with its existing competition. 3. The Town Board determines that it serves the public interest to award Cablevision of Wappingers Falls, Inc. a franchise to own, construct, operate and maintain a cable system along the public rights-of-way within the Town in order to provide cable service. 4. The Town Board authorizes the award of a non-exclusive franchise to the Franchisee to own, construct, operate and maintain a cable system along the public rights-of-way within the Town, in order to provide cable service, which authorization is made in accordance with the applicable provisions of Title VI of the Communications Act and the Cable Laws. The Town Board of the Town of Wappinger hereby authorizes the Supervisor to execute the annexed Franchise Agreement and to execute any other documents necessary to effectuate the granting of the franchise to Cablevision of Wappingers Falls, Inc. on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Dated: Wappingers Falls, New York 10/9/2018 The Resolution is hereby duly declared Adopted. P. PAOLONI, TOWN CLERK