2003-291RESOLUTION NO. 2003-291
RESOLUTION AUTHORIZING SUPERVISOR TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN
CABLEVISION OF WAPPINGERS FALLS, INC. AND 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 the 8th
day of December, 2003, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor -
Councilmen -
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Christopher J. Colsey
The following Resolution was introduced by Mr. Colsey and seconded by
Mr. Bettina
WHEREAS, Cablevision of Wappingers Falls, Inc. (hereinafter referred to as
"Cablevision") has previously tenninated the broadcast of local news on its local programming
channel; and
WHEREAS, a number of elected officials have requested that Cablevision restore the
local news on the local programming chamlel; and
WHEREAS, Cablevision has agreed to restore the local news on the local programming
chamlel at a cost not to exceed $350,000, which cost shall be passed through to subscribers at a
cost per subscriber of $0.58 per month; and
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WHEREAS, the Town Board has conducted a Public Hearing on December 8, 2003 at
Town Hall at 7:30 p.m. to get public input on the restoration of local news programming at a cost
per subscriber of $0.58 per month; and
WHEREAS, the Public Hearing was opened and concluded on December 8, 2003; and
WHEREAS, Cablevision has submitted a Memorandum of Understanding more
precisely defining the terms and conditions under which local news programming will be
restored to the local programming channel, a copy of said Memorandum of Understanding is
attached hereto and made hereof marked and designed Exhibit "A"; and
WHEREAS, one of the conditions contained in the Memorandum of Understanding is
that the Town of Wappinger will cause the proposed Franchise Renewal Agreement between the
Town and Cablevision to be negotiated and executed by December 31, 2003, which condition the
Town Board hereby determines to be objectionable.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby determines that Paragraph IV "Franchise Commitment"
is objectionable and hereby determines that the same is to be deleted from the Memorandum of
Understanding.
3. The Town Board hereby approves the Memorandum of Understanding with
Paragraph IV "Franchise Commitment" deleted and, as amended, hereby authorizes Town
Supervisor Joseph Ruggiero to execute said Memorandum of Understanding by and on behalf of
the Town of Wappinger with the understanding that Paragraph IV in said Memorandum shall be
deleted.
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The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDATI, Councilman Voting Aye
VINCENT F. BETTINA, Councilman Voting Aye
JOSEPH P. PAOLONI, Councilman Voting Aye
CHRISTOPHER J. COLSEY, Councilman Voting Aye
Dated: Wappingers Falls, New York The Resolution is hereb7 duly declared adopted.
December 8, 2003
GLORIA MORSE, TO CLERK
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is entered into this day of
, 2003 (the "Effective Date") by and between the Town of Wappinger
("Franchisor") and Cablevision of Wappingers Falls, Inc. ("Cablevision");
WHEREAS, Franchisor and Cablevision entered into a franchise agreement dated
November 15, 1995, pursuant to which Cablevision operates a cable communications
system in the Town of Wappinger; and
WHEREAS, Franchisor has requested that Cablevision expedite the restoration of
local news programming cablecast on the local programming channel; and
WHEREAS, Cablevision has agreed to restore such local news programming on
the terms and conditions set forth below:
I. Local News Programming.
a. In response to Franchisor's request and in accordance with the terms and
conditions set forth herein, Cablevision agrees to restore the local news
programming on its focal programming channel within ninety days
following its receipt of an acceptable, executed MOU from all of the
communities within the Wappingers Falls system as set forth in Exhibit
A ("the Wappingers Communities").
b. Franchisor understands and agrees that the restoration of such local news
programming shall not take effect unless and until the Wappingers
Communities have executed their respective MOUS.
II. Pass Through of Costs to Subscribers
a. In consideration of the restoration of its local news programming,
Franchisor authorizes Cablevision to pass through on a pro rata basis to
its Basic Tier subscribers, and as a line item on subscriber monthly bills,
costs related to such local news programming. During the first year of
this MOU, such passed through subscriber costs in total shall not exceed
three hundred and fifty thousand dollars ($350,000.00). During each
successive year of this MOU, such total passed through costs shall not
increase by more than two (2) percent per year.
b. Local news programming costs to be passed through to subscribers shall
be net of advertising revenue received by Cablevision that is associated
with such local news programming. Such revenue shall be offset against
the total costs passed through to subscribers for the programming year.
LII. Term & Termination.
This MOU shall continue to be in effect until terminated by either
Cablevision or the Wappingers Communities as set forth below:
a. Cablevision Termination
Cablevision may terminate this MOU no earlier than May 31, 2005,
upon thirty days prior written notice to Franchisor; provided, however,
that in the event that during the term of this MOU, Cablevision
introduces a regional news program (i.e., News 12) that shall be
provided to the Wappingers Communities, then this MOU and all rights
and obligations hereunder shall be terminated upon the effective
commencement date of such regional news program.
b. Franchisor Termination
Upon one hundred twenty days prior written notice to Cablevision and
commensurate with the unanimous, contemporaneous termination by the
Wappingers Communities, Franchisor may terminate this MOU;
provided, however, that such termination shall only become effective
upon receipt by Cablevision of the written termination by the
Wappingers Communities in accordance with their respective MOUs. if
any of the Wappingers Communities fails to abide by the terms and
conditions of its respective MOU, then this MOU shall be null and void
as between Cablevision and Franchisor.
IV. Franchise Commitment
Franchisor agrees to cause the attached Franchise Renewal Agreement
(Exhibit B), to be negotiated and executed by December 31, 2003, on
substantially similar terms and conditions.
V. Authority
By executing below, each Signatory hereto represents that it is authorized to
execute this MOU on behalf of its respective party.
[FRANCHISOR]
By:
Title:
Date:
CABLEVISION OF WAPPINGERS FALL
INC.
By:
Title:
Date:
EXHIBIT A
1 Wappinger (Town)
2 East Fishkill (Town)
3 Hyde Park (Town)
4 Poughkeepsie (Town)
5 Fishkill (Town)
6 Beacon (City)
7 LaGrange (Town)
8 Lloyd (Town)
9 Plattekill (Town)
10 Wappingers Falls (Village)
11 Cold Spring (Village)
12 Philipstown — North (Town)
13 Fishkill (Village)
14 Nelsonville (Village)
15 Marlborough (Town)