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1995-05-08 SPM950508.SPM A Special Meeting of the Town Board of the Town of Wappinger was held on May 8, 1995 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith Called the Meeting to order at 7:15 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Joseph Incoronato, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: Robert Valdati Others Present: Albert Roberts, Attorney to the Town Graham Foster, Highway Superintendent The Supervisor Called the Special Town Board Meeting for May 8, 1995 for the purpose of addressing three items; to vote on U.S. Cablevision transfer to Continental Cable; to vote on two (2) Purchase Orders for Highway; Introduce and set a Public Hearing for Tomasic rezoning. The first item for the Boards consideration is to approve the Merger and related transactions between Providence Journal Company and Continental Cablevision. The following resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption and seconded by Mr. Ruggiero WHEREAS, U.S. Cablevision ("Franchisee") is the duly authorized holder of a franchise (as amended to date, the "Franchise"), authorizing the operation and maintenance of a cable television system and authorizing Franchisee to serve the Town of Wappinger ("Franchise Authority"); and WHEREAS, Providence Journal Company ("PJC") is currently an indirect parent of Franchisee, and WHEREAS, PJC, and Continental Cablevision, Inc. ("Continental") have entered into an Amended and Restated Agreement and Plan of Merger dated as of November 18, 1994 (the "Agreement"), subject to, among other considerations, any required approval of the Franchise Authority with respect thereto; and WHEREAS, in connection with the merger and other transaction (the "Transaction") contemplated by the Agreement, transfer of ultimate control of the Franchisee will shift from PJC, through its wholly owned subsidiary, Colony Communications, Inc, to Page 1 950508.SPM Continental: and WHEREAS, to the extent the franchise requires, Continental and PJC now seek approval of the Transaction; an WHEREAS, the Transaction is deemed to be in the best interests of the residents of the Town of Wappinger; NOW THEREFORE, BE IT RESOLVED BY THE TOWN OF WAPPINGER AS FOLLOWS: Section 1. The Franchise Authority hereby consents to the Transaction which includes the transfer of ultimate control of the Franchisee from PJC to Continental, to the extent that the consent of the Franchise Authority is required by the terms of the Franchise and applicable law, with such consent to be effective as the closing date of the Transaction. Section 2. The Consent herein granted does not constitute and shall not be construed to constitute a waiver of any obligations of Franchisee under the Franchise. Section 3. This resolution shall have the force of a continuing agreement among Franchisee, Continental and the Franchise Authority, and the Franchise Authority shall not amend or otherwise alter this Resolution without the consent of Franchisee and Continental. The question of the forgoing Resolution was duly put to a vote on roll call which resulted as follows: Roll Call Vote: Constance Smith, Supervisor Aye Joseph Ruggiero Aye Robert Valdati Absent Joseph Incoronato Nay June Visconti Aye The Resolution was thereupon declared adopted. The following Purchase Orders were submitted for approval by Graham Foster, Highway Superintendent. (1) $6,000.00 payable to Salt Point Enterprises, Inc., to supply and install fire suppression over pump island, they being the lowest Bid. (2) $1,960.00 payable to Enviroscience, Inc., site assessment, for installation of new gas tanks, they being the lowest Bid. COUNCILWOMAN VISCONTI moved to approve the above Purchase Orders, for Salt Point Enterprises, in the amount of $6,000.00 and Enviroscience in the amount of $1,960.000 based on the recommendation of Graham Foster, Highway Superintendent. Seconded by Mr. Incoronato Page 2 Motion Unanimously Carried 950508.SPM Next is to introduce and set a Public Hearing for Tomasic Rezone. SUPERVISOR SMITH set the Public Hearing for May 22, 1995 at 7:15 P.M. The following Resolution was moved by COUNCILWOMAN VISCONTI and seconded by Mr. Ruggiero. WHEREAS, the Town Board has heretofore received an application from Peter Tomasic for a change of zoning designation for premises owned by him located on Old Hopewell Road in the Town of Wappinger, identified on the tax maps on the Town of Wappinger as parcel number as parcel number 6157-02-637535, and more particularly described in Schedule "A" attached hereto; and WHEREAS, the subject parcel contains approximately 1.5 acres and is presently zoned Residential R-20; and WHEREAS, the application for a change of zone requests a a change of zoning designation from Residential R-20 to Highway Business (HB); and WHEREAS, the parcel described in Schedule "A" is contiguous to parcels presently zoned Highway Business; and WHEREAS, the Town Board desires to formally consider the application of Peter Tomasic requesting a change in zone from Residential R-20 to Highway Business (HB) for the premises specifically described in Schedule "A" attached hereto. SCHEDULE A All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying nd bounded and described as follows: BEGINNING at a point marked by an iron pin set on the southerly side of the Hopewell -New Hamburg road at the northeast corner of lands now or formerly of Wm. J. Bombardi and running thence along the southerly side of said road the following courses and distances: south 69 degrees 34 50" east 139.4'; south 74 degrees 07'40" east 29.62'; south 81 degrees 5340" east 95.82' and south 50 degrees 36'00" east 59.92'; thence leaving said road and running along the westerly line of three parcels of land now or formerly of C.C. Knight the following courses and distances: south 28 degrees 38'00" west 140.31'; north 65 degrees 57'00 west 20.20'; south 52 degrees 24'00" west 30.00'; north 59 degrees 02'00" west 45.00' and south 29 degrees 59'00 west 187.40' to the northerly line of lands now or formerly of Gumpert; thence along said line north 60 degrees 14'30" west 155.46' to a point marked by an iron pin set on said line at the southeast corner of said Bombardi; thence along said Bombardi 1%W north 14 degrees 56'20" east 310.87' to the point of beginning containing about one and three quarters acres of land be the same more or less. SUBJECT to rights of Public Utility Corporation of record, if any. EXCEPTING, however, from the above described premises all that piece or parcel of land consisting of .192 acres of land more or less which was heretofore conveyed to the County of Dutchess and Page 3 950508.SPM which land is more particularly described in a certain deed made by Josephine Case to the County of Dutchess dated March 27, 1969 and recorded in the Dutchess County Clerk's Office on July 1, 1969 in Liber 1267 of deeds at page 871. NOW THEREFORE, BE RESOLVED AS FOLLOWS: 1. The Town Board hereby introduced for consideration of adoption proposed Local Law # of the Year 1995, Amending Local Law #5 of 1990, the Zoning Law of the Town of Wappinger, in the form annexed hereto. 2. The Town Board of the Town of Wappinger has reviewed the intended action with respect to the provisions set forth in 6► NYCRR (SEQRA) and the provisions of Local Law No. 6 of the year 1992 and hereby determines that the intended action is an unlisted action. 3. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself LEAD AGENCY PURSUANT TO ARTICLE 8 ECL AND THE RELATED TITLE 6 PART 617 - NYCRR. 4. The applicant has caused to be prepared and completed Part 1 and Part 2 of the short form EAF for this project, in the form annexed hereto. 5. The Town Board acknowledges its obligation to review the subject action pursuant to SEQRA and reserves its obligation to make a Determination of Significance until the conclusion of the Public Hearing hereafter ordered. 6. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law for 7:15 p.m. on the 22nd day of May, 1995, and the Town Clerk is directed to publish notice thereof in the Town's official newspaper not less than ten days prior to said public hearing date. 7. The Town Board further directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this Resolution, the annexed proposed Local Law, and the Public Hearing Notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this Resolution, the annexed proposed Local Law, and the Public Hearing Notice to the Dutchess County Planning Department for advisory review in accordance with Section 239 of the General Municipal Law: and C. To distribute a copy of this Resolution, the annexed proposed Local Law, and the Public Hearing Notice to the Town of Wappinger Planning Board for its recommendation prior to said Public Hearing. The question of adoption of the foregoing Resolution was duly put to a vote on roll call, which resulting as follows: Constance Smith, Supervisor Voting Aye Joseph Ruggiero, Councilman Voting Aye Page 4 950508.SPM Robert Valdati, Councilman Voting Absent Joseph Incoronato, Councilman Voting Aye June Visconti, Councilwoman Voting Aye The Resolution is hereby duly declared adopted. COUNCILMAN RUGGIERO moved to set the Public Hearing on May 22, 1995 at 7:15 P.M. in order to vote on the Local Law amending the Zoning Law and Zoning Map of the Town of Wappinger Seconded by Mrs. Visconti Motion Unanimously Carried SUPERVISOR SMITH announced that she had received the Report of Examination from the office of the State Comptroller for the Year 1993 and it was an excellent Report. Town Clerk, Elaine Snowden added that this Audit Report had also been filed in her office on May 1st, as a Public Record and is open for inspection by all interested persons. There being no other business to come before the Board. COUNCILWOMAN VISCONTI moved to close the Special Meeting. Seconded by Mr. Incoronato Motion Unanimously Carried The Special Meeting closed at 7:20 P.M. Elaine H. Snowden Town Clerk Page 5 950508.PH A Public Hearing was held by the Town Board of the Town of Wappinger on May 8, 1995 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on proposed transfer of control of the existing U.S. Cablevision Corp. Cable Television franchise from Providence Journal Company to Continental Cablevision, Inc. Supervisor Smith opened the Meeting at 7:05 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Joseph Incoronato, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: Robert Valdati, Councilman Others Present: Albert Roberts, Attorney to the Town Graham.Foster, Highway Superintendent The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Meeting). SUPERVISOR SMITH announced that several representatives from the Cablevision Company were in attendance to answer any questions. MARI SEVEY, General Manager of U.S. Cablevision introduced JoAnne Somers, Manager of Governmental Affairs and Lorine Card Director of Governmental Affairs of Continental Cablevision. A brief presentation was made by Lorine Card of Continental, going over the Merger Plans and providing background information on Continental Cablevision. COUNCILWOMAN VISCONTI asked if there would be any change in management. Ms. Carr responded that there would be no change in management nor disruption of service when the transfer occurs. COUNCILMAN INCORONATO inquired about surveys. Are surveys taken as to what type of programs viewers are interested in. Mr. Page 1 950508.PH Incoronato was informed that surveys are taken and overall customers are very satisfied with programs. GRAHAM FOSTER, questioned changes in program viewing policy, and was informed that before a station is changed over to another channel, it is posted on each Cablevision bill 30 days prior to change. There were no other comments or questions. COUNCILWOMAN VISCONTI moved to close the Public Hearing, Seconded by Mr. Ruggiero Motion Unanimously Carried The Public Hearing closed at 7:15 P.M. Elaine H. Snowden Town Clerk Page 2 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF 1 OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED TRANSFER OF CONTROL OF THE EXISTING U.S. CABLEVISION CORP. CABLE TELEVISION FRANCHISE FROM PROVIDENCE JOURNAL COMPANY TO CONTINENTAL CABLEVISION, INC. ---------------------------------- 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 May 3, 1995, your deponent posted a copy of Lthe attached notice of Public Hearing on the a proposed transfer of control of the existing U.S. Cablevision Corporation cable television Franchise from Providence Journal Company to Continental Cablevision, Inc. in the Town of Wappinger on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dut.chess County, New York. S RA Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this g day of YY 1995. NOTARY PUBLIC 1.IN11A R4. 1.11 Irrl imaw Public, State of New York No.2381720 Qualified in Dutchess county !� Commission Expires 1013t/1y_L,.� Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS ' NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. JOAN MILLER, of the ....................................................... Town of Wappinger, Dutchess County, New York, IMAM NOTICE .. p .PLEASE TMWNOTICE the the. being duly sworn, says that he is, and at the several Towiioosrdpf"Towoof WEpp� Will OOndNQt 4 pw*Nearim for &I c"ItelavwloillbanaaTnrlNerof times hereinafter was, the ............ �7dopM attMTown�W f 6 toMm .;2, JA� Road. of the SOUTHERN DUTCHESS NEWS, a Wdppkpwrs'FaIN.`: Yodrohthej propoled wnNer.of of a>. newspaper printed and published every Wednesday evlstlnpU.B. corpordwn =cable television Fr hiss from Pr,vldene.,w„mu comp.ny; �o in the Town of Wappinger, Dutchess County, New ccntlnenfd Cablwbion` Inc. ,, 4Th. wpm for bl of the transfer Is available for public York, and that the annexed NOTICE was duly :c t i,gp�tlon k1 ttls:O" of dN Town;; e oAM3040R.M,;tilW&Y' published in the said newspaper for one ...weeks " successively in each week, commencing on the 3Ld..... day of .Mair............ 199.5.. and on the .-'ry! ewi'fi s following dates thereafter, namely on ................................................................. and ending on the ...3rd..... day of .. Max...... 19.95 both days inclu 've. l Subscribed and sworn to before me this ..4th..... day of ...May 95 k.. .�.. ...........� 4G�. .............. Notary Public My commission expires ................................. AA1-+rt Wl^al'AnTrupt , , fr -O IP4 , '-" - f'b°�4?'#jssiON EXPInES hlfiAcd/ 9t rn�