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1993-07-26 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JULY 26, 1993 7:00 P.M. — — — — — — — — — — — — — — — — — — — — — — 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. June.28, 1993 Special July 12, 1993 4. REPORTS OF OFFICERS: Sup./Compt. T/Justices Receiver of Taxes Bldg. Insp. Zng. Adm. Dog Control Officer 5. PETITIONS & COMMUNICATIONS a. Helen & Kevin Miller, Brothers Rd., re: Complaint of damage to property by H. Dept. Vehicles b. Notification of Intent to renew Liquor Lic. from Rob't Fair, DBA Jack's Tavern, Rte 376 c. Request for return of Escrow Funds from C. O'Donnell -Lot #13 Srping Terr. (for Jos. Manz) d. J. Paggi, Eng. to Twn, Report on Short Term Financing - SRF Loans e. Notification from Hughsonville & Chelsea Fire Dists re -appointment of Leonard Supple & Yvonne Tompkins as members of fire Prevention Bu.. f. Andrew Layer re: Castle Point employees picnic and the serving of Be, g. Edward Kleinbaum, Winesap Lane re: request for Speed limit reduction h. Authorize J. Paggi to do necessary work for preparation of Hilltop Wells renovation. i. Bonny Brothers re: Traffic on Diddell Rd, and through tunnel j. Hollis Shaw, Wassaic Dev. Disabilities Service notification that the are again looking for homes in the Wappinger area k. NYS Police re: Approval of Emergency Services Bldg. 1. R. Hold, Rec. Comm. Ch. re: (1) Electric at Robinson Lane (2) Clay for Robinson Lane and permission to upgrade Castle Point fields m. Town served with: (1) Summons in the matter of Churchill Mtg. investment Corp. vs: Braker, T/W etc. (for A.Roberts) (2) Tax Reviews from: Texland Properties Corp.; The Southland Corp.: Wappinger Associates: wappingers Falls Owner Corp: & Brack Const. n. Applications for Hawking & Peddling Licenses from: Martin Newbould & Nik Holland (Selling Aerial Maps) o. Louis & Michael Suozzo request for reduction of Performance Bond 6. COMMITTEE REPORTS 7. BONDS AND LETTERS OF CREDIT H. Levenson report 8. RESOLUTIONS a. Consider adoption of LL for Capollino Rezoning b. Consider adoption of LL for Satellite Castle Corp. Rezoning c. Consider approval of U.S.Cablevision Agreement d. Introduce Amendment of LL for regulation of traffice (Stop signs) e. Proposed LL allowing for increase in Redemption Fees for impounded d f. Declaration of Lead Agency for Emergency Service Bldg. & Resolution g. Rezoning application for W.B.Nelson Construction, Inc., Maloney Rd., for rezoning Parcel from AI to RMF5 h. Request for Transfers of Funds from A. Buckley, Compt. i. Communications from E. Saris, Attny, for Tax reviews for a proposed settlement for Wappingers Falls Owners Corp. (Brack Const.), and Confirm stipulation of settlement for Friendly Acura 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: PUBLIC HEARINGS START AT 6:45 P.M. (2) s 930726.RGM t 3 The Regular Meeting of the Town Board of the Town of Wappinger Was held on July 26, 1993 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the Meeting to order at 7:00 P.M. Present: Constance Smith, Supervisor James Mills, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Robert Wallace, Councilman Elaine Snowden, Town Clerk Absent: None Others Present: Albert Roberts, Attorney to the Town Joseph E. Paggi, Jr., Engineer to the Town Herbert Levenson, Zoning Administrator The Supervisor asked all to join in the Pledge of Allegiance to the Flag at the commencement of the Meeting. MINUTES The Minutes of the Regular Meeting of June 28, 1993, and the Special Meeting of July 12, 1993; having previously been forwarded to the Board Members, were placed before them for their consideration. MRS. VISCONTI moved that the above stated Minutes, be and they are hereby approved as submitted by the Town Clerk. Seconded by Mr. Wallace Motion Unanimously Carried REPORTS Reports for the month of June were received from the Town Justices, Supervisor/Comptroller, Receiver of Taxes, Building Inspector, Zoning Administrator, Dog Control Officer. MRS. VISCONTI moved to accept the above stated reports and place them on file. Seconded by Mr. Valdati Motion Unanimously Carried Page 1 930726 . RGM PETITIONS & COMMUNICATIONS A letter from Helen and Kevin Miller on Brothers Road was received regarding a complaint of damage to their property by the snow plows last winter. MRS. VISCONTI moved that the Board refer the correspondence to Graham Foster, Highway Superintendent. Seconded by Mr. Wallace Motion Unanimously Carried The Town received notification of Intent to renew Liquor License from Robert Fair, DBA Jack's Tavern, Route 376, Wappingers Falls. MR. VALDATI moved that the Board accept the notification of Intent to renew Liquor License and place on file without comment Seconded by Mrs. Visconti Motion Unanimously Carried A Request for the return of Escrow Funds from Mr. C. O'Donnell of the Driveway Bond for $1,000.00 for Lot #19, Spring Terrace (for Jos. Manz) was presented to the Board. MRS. VISCONTI moved that Board approve the return of Escrow Funds to the O'Donnell Corporation being that all paperwork was in order. Seconded by Mr. Valdati Motion Unanimously Carried Joseph Paggi presented a brief report on the Short Term Financing Project Intended Use Plan which is available to the Town of Wappinger for the Phase 3A of the Wappinger Sewer Transmission/Treatment Improvement Area and also for Project #535602 Plant Expansion, which we are currently doing. He reviewed it and went to the Seminar in Albany and believed that the Town would not be able to meet the time and documentation requirement for Phase 3A. He further stated that Page 2 r D 930726.RGM he hoped that the New York State Environmental Facilities Corporation would have the Funds available next year for Phase 3A; however, he does recommend that we stay on the Priority List for the #535602 Project of the Plant Expansion just in case we do not get in the Fall 1993 Pool. MRS. VISCONTI moved that the Board accept Mr. Paggi's Report and place it on file Seconded by Mr. Wallace Motion Unanimously Carried Notification from Hughsonville and Chelsea Fire Districts for the re -appointment of Leonard Supple and Yvonne Tompkins respectively as members of Fire Prevention Bureau was received. MR. MILLS moved to approve the reappointment of Leonard Supple and Yvonne Tompkins as members of the Town of Wappinger Fire Prevention Bureau. Seconded by Mr. Wallace Motion Unanimously Carried Another letter from Mr. Andrew Layer, Veterans Administration, requesting, again, that beer be allowed at an Employees Picnic for their employees at Castle Point Recreation Area. MRS. VISCONTI moved to reaffirm the Town Policy that alcoholic beverages cannot be served on Town property. Seconded by Mr. Wallace Motion Unanimously Carried A letter from Mr. Edward Kleinbaum, Winesap Lane, regarding a request for Speed Limit reduction to 20 MPH at Cider Mill Loop. MRS. VISCONTI moved to authorize the Town Supervisor to write a letter to Mr. Kleinbaum stating that the state will not give permission to go below 30 MPH for any Town Roads. Seconded by Mr. Mills Motion Unanimously Carried A memo from CAMO was received outlining work to be done at the Hilltop well site and recommending some other work to be done at Page 3 930726.RGM the same time. The Board considered authorization to do the necessary work for the renovation of Hilltop Wells in replacing the 50 hp turbine pump with a 30 hp submersible pump in well #5 which requires a retrofit of piping and the installation of new piping on the submersible pump. The work has been presented to the Dutchess County Health Department and the Town Engineer, Jay Paggi and was approved by both. MRS. VISCONTI moved to authorize CAMO to do the necessary work on well #5 at the Hilltop well site at a cost not to exceed $23,000. Seconded by Mr. Mills Motion Unanimously Carried A letter from Bonny Brothers of Smith Crossing Road was received by the Board regarding the traffic situation on Diddell Road and through the tunnel. Ms. Brothers stated that the traffic has increased and claims it is a hazard with the narrow tunnel. MRS. VISCONTI moved to authorize the Town Supervisor to write a letter to the County on the behalf of the Town Board and the Highway Superintendent asking if the County can begin the removal of the tunnels because they are a detriment to health and safety. Seconded by Mr. Valdati Motion Unanimously Carried Notification from Hollis Shaw of the Wassaic Developmental Disabilities Services Office, looking again (annual letter) for homes in the Wappingers Falls area to provide residential services for individuals with developmental disabilities. MRS. VISCONTI moved to accept the correspondence and place on file. Seconded by Mr. Valdati Motion Unanimously Carried Page 4 930726.RGM Notification was received from New York State Police regarding Approval of the Emergency Services Building to relocate within the Town of Wappingers from Fishkill. MR. VALDATI moved to accept the correspondence and place on file. Seconded by Mrs. Visconti Motion Unanimously Carried Several letters were presented to the Town Board from Ralph Holt, Recreation Commission Chairman, requesting to obtain Purchase Orders for (a.) installation of electric at Memorial Field on Robinson Lane (b.) clay for the fields at Robinson Lane; and (c.) permission to upgrade two softball fields at Castle Point. MRS. VISCONTI moved to approve the Purchase Orders for all three requests for the Recreation Department. Seconded by Mr. Mills Motion Unanimously Carried The Town was served with: (1) A Summons' in the matter of Churchhill Meeting Investment Corp. vs.: Braker, T/W etc. (2) Tax Reviews from: Texland Properties Corp.: the Southland Corp.: Wappinger Associates: Wappingers Falls Owner Corp.: & Brack Construction: T. H. Baker & Charles Gilbride: Dinolfe Wilson Agency: Waldbaum, Inc.: Imperial Plaza Partnership: Imperial Gardens Company. MRS. VISCONTI moved to refer the matter of Churchill, etc., to Albert Roberts, Attorney to the Town, to answer on behalf of the Town of Wappinger; and, refer the Certiorari actions to Emmanuel Saris, Attorney for the Tax Reviews, to answer and defend on behalf of the Town of Wappinger. Seconded by Mr. Valdati Motion Unanimously Carried Two Applications for Hawking and Peddling Licenses were received from Martin Newbould and Nik Holland. They will be going door Page 5 930726 . RGM to door selling Aerial Photographs. The applications were all in order. MRS. VISCONTI moved to approve the Hawking and Peddling Licenses for Martin Newbould and Nik Holland. Seconded by Mr. Wallace Motion Unanimously Carried A Request for a Reduced Performance Bond in the amount from $40,000 to $7,000 was received from Louis and Michael Suozzo Subdivision. MRS. VISCONTI moved that, based upon the recommendation of J. Paggi, Engineer to the Town, the Board accept the Letter of Credit for the Performance Bond in the reduced amount of $7,000.00 and release the original Letter of Credit. Seconded by Mr. Mills Motion Unanimously Carried COMMITTEE REPORTS There were no reports from any of the Board members. BONDS & LETTERS OF CREDIT A report was submitted by Mr. Levenson on the status of Bonds and Letters of Credits for the current subdivisions. MRS. VISCONTI moved to accept Mr. Levenson's report. Seconded by Mr. Wallace Motion Unanimously Carried RESOLUTIONS A Public Hearing having been held on the Rezoning Request of Keith and Margaret Capolino for land parcels between Middlebush Road, Old Hopewell Road and Old Route 9D, the matter of adoption was placed before the Board for their consideration. COUNCILWOMAN VISCONTI moved to adopt the Local Law amending the Zoning Law of the Town of Wappingers Capolino Parcels. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Page 6 930726.RGM �2 Section 1. The Zoning Law and the Zoning Map of the Town of Wappinger prepared by Raymond H. Arnold, Planning Consultant, dated July 31, 1990, adopted by the Town of Wappinger pursuant to Local Law #5 of 1990, is hereby further amended by designating two parcels of property owned by the Estate of Margaret A. Capolino and Keith Capolino from R-20/40 to Multi -Family RMF -3, said parcels of property being more particularly described in Schedule A, annexed hereto and part hereof, and containing 47.594 acres of land, more of less. Section 2. The Town Supervisor is hereby directed to retain the services of a professional engineer, licensed land surveyor or planning consultant to amend the Town of Wappinger Zoning Map, above described, to reflect the zoning changes herein adopted within sixty (60) days from the date of adoption of this Local Law. Section 3. The two parcels of property which are the subject of this Local Law are further identified as follows: PRESENT OWNERS: Estate of Margaret Capolino, Route 9D and Old Hopewell Road, Wappingers Falls, New York TAX GRID NUMBER: 6157-01-285673 DEED REFERENCE: A portion of Liber 1373 of Deeds, page 897 PRESENT OWNERS: Keith Capolino, Middlebush Road, Wappingers Falls, New York TAX GRID NUMBER: 6157-01-240641 DEED REFERENCE: Liber 1895 of Deeds, page 306 The parcels described in Schedule A, annexed hereto, contain a total of 47.594 acres and are identified by the above tax grid numbers. Section 4. This Local Law shall become effective immediately upon adoption filing with the Secretary of State as prescribed by law. Schedule "A": Parcels "A" & "B" on Map *9145 filed in the Dutchess County Clerk's Office. Seconded by Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays The matter of the Public Hearing for the Rezoning request of Satellite Castle Corporation had been opened at the scheduled time and date set forth in the published notice, however, information pertinent to the subject was not available at this time. The Board had agreed to adjourn and reschedule this Hearing to a date and time certain. Page 7 930726.RGM MRS. VISCONTI had moved to adjourn the Public Hearing on Satellite Castle Corporation and reset for August 9, 1993 at 7:00 P.M., due to a lack of pertinent information on the matter, which was seconded by Mr. Wallace. Motion Unanimously Carried MRS. SMITH moved to set a Special Meeting to entertain the adoption of the Local Law amending the Zoning for Satellite Castle Corporation for August 9, 1993, at 7:00 P.M. Seconded by Mr. Wallace. Motion Unanimously Carried A Public Hearing having been held on the matter of the approval of the U.S. Cablevision Agreement was placed before the Board for their consideration. MRS. VISCONTI moved to accept the Agreement and authorize the Town Supervisor to sign said Agreement with U.S. Cablevision Corporation. The Agreement is attached hereto and made a part hereof of the minutes of this meeting. Seconded by Mr. Valdati Motion Unanimously Carried The Introduction of the Proposed Amendment of Local Law #6, 1991, as amended by Local Law #7, 1992, by designating Woodland Court, Harbor Hill Road and South Court as full stop intersections was placed before the Board. The following resolution was offered by COUNCILMAN MILLS who moved its adoption: WHEREAS, the Town Board has recently received a recommendation from the Superintendent of Highways to establish the following full stop streets: South Court at its intersection with Hackensack Heights; Harbor Hill Road at its intersection with Hackensack Heights; and i J Woodland Court at its intersection with Ketchamtown Road. WHEREAS, the Town Board has determined that it is in the best interests of the public health, welfare, and safety of the Page 8 i CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE TOWN OF WAPPINGER AND U.S. CABLEVISION CORP. Table of Contents OPENING STATEMENTS 1 DEFINITIONS OF TERMS USED IN THIS AGREEMENT 3 SECTION 1. SERVICE PROVISIONS 6 SECTION 2. FACILITIES AND EQUIPMENT 12 SECTION 3. PUBLIC, EDUCATION, AND GOVERNMENT ACCESS 15 SECTION 4. SERVICE QUALITY 15 SECTION 5. RATES FOR SERVICE 17 SECTION 6. LIABILITY 18 SECTION 7. FRANCHISE FEE 20 SECTION S. TRANSFER OF OWNERSHIP OR CONTROL OF CABLE SYSTEM 22 SECTION 9. COMMUNICATION BETWEEN OPERATOR AND MUNICIPALITY 24 SECTION 10. ACCOUNTABILITY PROVISIONS 25 SECTION 11. CONSUMER SERVICES AND PROTECTION 27 SECTION 12. PERFORMANCE BONDS 30 SECTION 13. CONDITIONS PERMITTING REVOCATION 34 SECTION 14. PROGRAMMING 37 SECTION 15. TERM 38 CLOSING STATEMENTS 38 REVISED DRAFT FRANCHISE RENEWAL AGREEMENT 6TH REVISED DRAFT 6/16/93 (JNK) CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE TOWN OF WAPPINGER AND U.S. CABLEVISION CORP. THIS AGREEMENT is made and entered into as of this, day of , 1993, by and between the Town of Wappinger, located in Dutchess County, New York, hereinafter referred to as "Municipality", and U.S. Cablevision Corp., a Rhode Island corporation qualified to do business in the State of New York, hereinafter referred to as "Operator." OPENING STATEMENTS: 1.) The Operator has already constructed and has for some years lawfully and properly operated a Cable Television System within the Town of Wappinger pursuant to a franchise granted by the Municipality, which franchise had been scheduled to expire most recently on June 24, 1990. 2.) The Operator has made proper application to the Municipality for a renewal and extension of its franchise, and the Municipality heretofore has extended the Operator's previously granted franchise rights and authority for a temporary term extending from the most recent franchise expiration date until the Effective Date of this franchise renewal. DRAFT 6/16/93 3.) The Municipality has considered the technical ability, financial condition and character of the Operator and has reviewed the Operator's plans for constructing, maintaining, improving and operating the Cable Television System in the Town of Wappinger. 4.) In a full public proceeding affording due process to all affected and interested persons, the Municipality has considered the Operator's plans for further investment and continued operation of the Cable Television System within the Town of Wappinger and has found such plans adequate and feasible. 5.) The Municipality has resolved and determined to grant to the Operator a renewed and extended franchise, upon the terms, conditions, understandings and obligations stated herein, for an addition term of ten (10) years from the Effective Date of this Agreement. 6.) This franchise complies with the current franchise standards of the New York State Commission on Cable Television. 7.) The Municipality, therefore, subject to the provisions expressed in this Agreement, grants to the Operator the right to erect, maintain and operate a Cable K DRAFT 6/16/93 Television System and to provide Cable Service and other lawful communications services within the jurisdiction of the Municipality, and to use and occupy any and all of the public streets, roads and rights of way within the current or future boundaries of the Town of Wappinger. DEFINITIONS OF TERMS USED IN THIS AGREEMENT: Agreement, means this contract and its provisions. Cable service, means television, video, and audio programming and other transmissions that are received by subscribers via the Cable System. Cable System, or Cable Television System, means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service and other lawful services via electrical, electronic, and optical signals to subscribers and/or customers. CCPA means Cable Communications Policy Act of 1984 (47 U.S.C. §§521-559) as enacted and as may be amended by Congress. Effective Date means the date on which the Operator's previous franchise rights and authority shall expire and on 3 DRAFT 6/16/93 which the provisions and term of this Agreement shall begin to take effect, which date shall be the date upon which the NYSCCT approves and certifies this franchise renewal and this Agreement without material conditions or modifications substantially adverse to the Operator. FCC means the Federal Communications Commission. Gross Receipts means any and all compensation received by the Operator that is derived from the operation of the Cable Television System within the Town of Wappinger, including, but not limited to, such receipts from all current and future sources of such compensation during the term of this Agreement, excluding receipts from operations within the Village of Wappingers Falls; provided, however, that Gross Receipts shall not include any taxes on services furnished by the Operator imposed directly or indirectly on any, subscriber by any State, city or other governmental unit or third party and collected by the Operator on behalf of such entity; and provided further, that Gross Receipts shall provide for the deduction of adjustments to cash receipts such as refunds to customers. Municipality means the government of the Town of Wappinger that is a party to this franchise. 4 DRAFT 6/16/93 NYSCCT means the New York State Commission on Cable Television. Operator means the grantee of this franchise, U.S. Cablevision Corp., a Rhode Island corporation qualified to do business in the State of New York, and its successors, transferees and assigns. Person means all individuals residing in a dwelling, or doing business in the Town of Wappinger from a structure, physically capable of receiving Cable Service. Service Area means the geographic area within which the Operator maintains and operates the Cable Television System from which service is provided to the residents of the Town and neighboring communities in Dutchess County. Town of Wapoinger means the corporate and territorial limits of the Town of Wappinger, the Municipality that is a party to this franchise, as exist on the day this Agreement is signed and as may be amended or modified during the term of this Agreement, exclusive of the area within the Town of Wappinger governed by the Village of Wappingers Falls. 9 DRAFT 6/16/93 SECTION 1. SERVICE PROVISIONS A. The Operator shall offer Cable Service to any person within the Town of Wappinger who demands service and who is located within 200 feet of feeder cable and the charge for the installation for any subscriber so situated shall not be in excess of the normal installation charge. B. The Operator will not abandon service to any portion of the Town of Wappinger without the approval of the Municipality. C. The Municipality grants to the Operator, for the purpose of installing the Cable System and providing Cable Service or other lawful communications services, the right to use and occupy any and all of the public streets, roads and rights of way within the boundaries of the Town of Wappinger, and any of the public property of the Municipality and any easements over which the Municipality exercises control and which may be granted for or dedicated to compatible uses, such as electric, gas, telephone, or other utility transmissions. D. The Operator agrees to make its best efforts to utilize existing utility poles in the construction and extension of its Cable Television System. In the event the use of said utility poles is not feasible, the Operator may erect its own poles, and may erect such poles within the public streets, roads or rights of way upon notice to the ME DRAFT 6/16/93 Municipality and subject to compliance with applicable requirements of the Municipality's Superintendent of Highways, whose approval shall not be unreasonably withheld. E. The Operator will locate its facilities underground in accordance with local laws, ordinances, rules and regulations of areas of the Town of Wappinger where both electric and telephone utilities are so located. In the event that it is not feasible for the Operator to locate its facilities underground in such areas, it may petition Town Board for a waiver of this provision for due cause shown and for permission to locate its facilities upon poles as the Town Board may direct, subject to compliance with applicable laws, rules and regulations. F. The Operator will locate its facilities so as to cause the least possible interference with the usual use of the streets and so as to cause minimal interference with the rights of property owners abutting said streets. In no event, shall any Cable Television System equipment or facility be located so as to unreasonably interfere with the usual public travel on any street in the Town of Wappinger. G. Upon prior notification to the Municipality, the Operator may trim trees that are located in the Municipality's rights of way to the minimum extent necessary so as to prevent the branches from coming in contact with 7 DRAFT 6/16/93 the wires, cables and other equipment of the Cable Television System. H. Where the Municipality requires the relocation of any property of the Operator, the latter shall remove and relocate or reinstall such property upon written notice, as may be reasonably necessary to meet the requirements of the Municipality. I. Upon the request of a person holding a building or moving permit issued by the Municipality, the Operator will temporarily relocate its property so as to permit the movement or erection of buildings. The expense of any such temporary removal shall be paid in advance to the Operator by the person holding the permit, who shall give the Operator not less than ten working days prior written notice to arrange for the changes required. J. The Operator will obtain such additional prior approval of the Municipality as may be required before performing any work that will affect municipal property and the Operator will promptly repair or replace any municipal property damaged or destroyed by the Operator so that the affected property is restored to its original or like condition to the extent reasonably practicable. 8 DRAFT 6/16/93 K. The Operator shall inform each owner and each subscriber resident any residence or structure of any work to be performed by the Operator that will affect that property. The Operator will repair or replace any private property damaged or destroyed by the Operator so that the affected property is restored to its original or like condition to the extent reasonably practicable, unless otherwise agreed between the parties. L. The Operator shall give notice to the Municipality and to residents and commercial establishments in the vicinity of proposed construction, excavation, laying or stringing of cable under streets or on poles, not less than seven (7) calendar days before the commencement of such work, if such work will result in a substantial obstruction or inconvenience to normal activity in the area such work is to be performed. M. The construction, installation, operation, maintenance and/or removal of the Cable System shall meet all of the following safety, construction and technical specifications and codes and standards: Occupational Safety and Health Administration Regulations (OSHA); National Electrical Code; National Electrical Safety Code (NESC); National Cable Television Standard Code; all applicable and pertinent federal, State and Municipal construction requirements including FCC Rules and Regulations and Rules & Regulations 0 DRAFT 6/16/93 of the NYSCCT; all applicable building and zoning codes; all applicable land use restrictions. 1. The Operator will comply with such specifications, codes, and standards as they now exist and as they may be amended hereafter. 2. The Municipality or its designee shall have the right upon due notice to the Operator to inspect the Cable System during normal business hours and to make such tests as it shall deem necessary to ensure compliance with such codes and standards, the terms of this Agreement, and all other applicable and pertinent laws and regulations, so long as such tests are reasonable and do not interfere with the operation or the performance of the facilities of the Cable System. a. The Operator shall cooperate fully with the Municipality or its designee during all such inspections and tests, and shall provide access to all records, materials, and information necessary for the conduct of such inspections and tests, subject to the requirements relating to the protection of confidentiality of subscriber records. b. Such inspections and tests shall be performed without cost to the Operator other than expenses for the Operator's personnel if the presence or assistance of such personnel is necessary for the conduct of such inspection or 10 DRAFT 6/16/93 test, or if the presence or assistance of such personnel is required by the Operator. In the event such inspection or testing determines that the Operator is not in compliance with existing Regulations and Codes, the Operator shall reimburse the municipality for all reasonable costs incurred in making such inspections and tests. N. All contractors or subcontractors of the Operator must be properly licensed and insured under all applicable federal, State, and local laws and regulation. O. Except where there exists an emergency situation necessitating a more expeditious procedure, the Operator shall use its best efforts to interrupt Cable Service for the purpose of repairing or modifying the Cable System only during periods of minimum use. Whenever such an interruption is scheduled, the Operator shall provide at least twenty-four hours prior notice to subscribers that will be affected by the interruption through a character - generated announcement on a channel commonly utilized by the Operator to communicate with its subscribers about their Cable Service. The Operator also shall provide notice to the Municipality at least twenty-four (24) hours prior to the time the interruption is scheduled to occur; Operator may provide such notice by telephone or by FAX transmission 11 DRAFT 6/16/93 or in writing. Operator will comply with all applicable Federal and State Regulations. SECTION 2. FACILITIES AND EQUIPMENT A. The Operator shall complete a technical upgrade and rebuild of the current Cable System within two (2) years of the Effective Date of this Agreement. The resulting Cable System shall have a minimum capacity of 450 MHz. or 60 channels. 1. The Operator will make reasonable efforts in good faith to maximize the number of energized channels available to subscribers and provide to those subscribers a wide diversity of programming sources and services. 2. The Operator shall present to the Municipality a plan for the completion of the rebuild and upgrade within thirty days of the Effective Date of this Agreement. This plan shall include: a. A detailed map of the entire franchise area clearly indicating all street names and accurately indicating the areas to be affected by the upgrade and rebuild, and confirming that the proposed upgrade and rebuild shall encompass all areas of the Town now served. 12 DRAFT 6/16/93 b. A description, in stages and in chronological order, of how the completion of the upgrade and rebuild is expected to proceed. c. Notification of whether the newly rebuilt and upgraded Cable System will be activated in stages or upon completion of the entire project and the projected date(s) this will occur. (It is understood that all dates provided by the Operator about the rebuild and upgrade are for informational purposes only and that the Operator will remain in compliance with the terms of this Section of this Agreement as long as the rebuild and upgrade are completed within two (2) years of the Effective Date of this Agreement and the required plans are tendered to the Municipality within thirty days of the Effective Date of this Agreement.) 3. The conduct of the Operator's rebuild and upgrade shall conform to the plans submitted by the Operator. The Operator shall inform the Municipality in writing of any substantial deviations from those plans, no more than 30 days after such deviations become known to Operator. B. Parental control devices capable of securing individual channels from being heard and viewed will be made available to all subscribers, upon request. 13 DRAFT 6/16/93 C. The Operator shall construct and operate the Cable System in such a manner as to deliver in proper form, directly to the television receivers of its subscribers, those stereo audio signals and other similar special audio signals that accompany the television signals received and distributed by the Operator. D. During the rebuild and upgrade and any extension of the Cable System, the Operator shall use materials of good and durable quality and all work involved in the construction, installation, extension, maintenance and repair of the Cable System throughout the term of this Agreement shall be performed in a safe, thorough and reliable manner subject to applicable regulations. E. Upon written request by the Municipality, the Operator shall provide a free installation of Cable Service to one television reception outlet, and shall provide without charge a basic level of subscriber service for one such outlet, to each qualified public and private school, police station, firehouse, volunteer ambulance corps facility, municipal building, public library, and Municipality - sponsored senior citizen center located within 200 feet of the Cable System and within the Town of Wappinger. For purposes of determining the Operator's obligations under this Section 2 (E), a qualified school shall include only a school offering primary or secondary education (grades K 14 DRAFT 6/16/93 through 12) properly licensed or certified by the State of New York, and the Dutchess County Community College. SECTION 3. PUBLIC, EDUCATION, AND GOVERNMENT ACCESS The Operator shall comply with Section 595.4 of the Rules and Regulations of the NYSCCT pertaining to public, educational, and governmental (PEG) access to the Cable System. SECTION 4. SERVICE QUALITY A. The Operator shall maintain and operate its Cable Television System at all times in compliance with the applicable technical performance standards and requirements of the NYSCCT and the FCC. B. The Operator shall maintain staffing levels and support equipment to assure that telephone inquiries are handled promptly in order to minimize busy signals and hold time in accordance with all applicable regulations. C. The Operator shall have on call at all times a person able to perform at least minor repairs or corrections to malfunctioning equipment of the Cable System. 1. The Operator shall have in place at all times and shall maintain a system for receipt of subscriber complaints and reports of service problems or service interruptions. Such a complaint and reporting system shall allow 15 DRAFT 6/16/93 subscribers to call in a complaint or report a problem by telephone at any time of day, on all days of the year, and such reports shall be received by company agents or recorded and monitored so that prompt response may be initiated as appropriate. 2. The Operator shall initiate response to all service complaints promptly and in no case later than the following business day. An appropriate response to reports of service interruptions shall be initiated as promptly as is feasible and in no case later than within 24 hours following receipt of the reports of service interruption, unless general emergency conditions make such response impossible. 3. Whenever the Operator becomes aware that the volume of incoming telephone calls exceeds the capacity of the Operator's telephone answering system to accommodate normal receipt of complaints and reports, the Operator shall promptly take action to put in place an audio message on its telephone system to inform callers that an outage or other emergency is in progress and that appropriate repairs or other actions are underway, and explaining the appropriate procedure for making subsequent reports or seeking credit of subscriber charges if appropriate. 16 DRAFT 6/16/93 D. The Municipality shall have the right and authority to request an inspection or test of the Cable System by the NYSCCT, the FCC, or to have such inspection or test performed at the Municipality's expense. The Operator shall fully cooperate in the performance of such testing. SECTION S. RATES FOR SERVICE A. Rates and charges imposed by the Operator for Cable Service shall be subject to the approval of the Municipality and the NYSCCT to the extent consistent with applicable State and federal law. The rates for any Cable Service for which approval is required shall be deemed part of the franchise whether or not the same are specifically set forth therein. B. All rates and charges associated with the provision of Cable Service shall be published, with the exception of temporary special and promotional rates. A written schedule of all such rates currently in effect shall be available and obtainable in person or by mail upon request during business hours at the Operator's business office and at the offices of the Municipality, and shall be provided to each subscriber and the Municipality annually. 17 DRAFT 6/16/93 SECTION 6. LIABILITY A. The Municipality will be held harmless and indemnified from all liability, damage, cost, or expense arising from claims of injury to persons or damage to property by reason of any conduct undertaken in the Town of Wappinger by the Operator its agents, servants, employees, contractors or subcontractors in the operation of the Cable System. B. By its acceptance of this franchise, the Operator specifically agrees that it will pay all reasonable expenses incurred by the Municipality in defending itself with regard to all damages and/or penalties mentioned in subsection A of this section, provided the Municipality gives to the Operator reasonable notice of claims for damage and penalties upon receipt of same. These expenses shall include out-of-pocket expenses such as attorney's fees. In connection with the defense of claims for damages and/or penalties mentioned in subsection A of this section which may from time to time be brought against the Municipality as a result of this franchise, the Operator shall have the option of selecting the attorney or attorneys to represent the Operator and the Municipality. Notwithstanding anything to the contrary contained herein, the Municipality shall not be indemnified or reimbursed in relation to any matter in such action, suit, or proceeding to the extent which (i) the Municipality shall finally be adjudicated to have been guilty of or liable for negligence, willful misconduct or 18 DRAFT 6/16/93 criminal acts, or (ii) the Municipality has entered into a compromise settlement, without notice to or consent of the operator, except to the extent that said compromise settlement shall have been approved by a court of competent jurisdiction after a hearing regarding which the operator was given notice and the opportunity to be represented by counsel. C. By its acceptance of this franchise, the Operator specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance insuring the Municipality and the Operator with regard to all damages and/or penalties mentioned in subsection A. of this Section in the minimum amounts of: 1. $1,000,000 for bodily injury or death to any one person within the limit, however, of $2,000,000 for bodily injury or death resulting from any one incident. 2. $500,000 for property damage resulting from any one accident. D. A certificate evidencing the insurance coverage herein provided shall be delivered by the Operator to the Municipality within 30 days after the Effective Date of this Agreement. The Municipality will be an additional insured on any and all such policies or coverages. 19 DRAFT 6/16/93 SECTION 7. FRANCHISE FEE A. The Operator will pay to the Municipality on a quarterly (quarter -annual) basis throughout the term of this Agreement a sum totalling three percent 3% of Gross Receipts received by the Operator during each quarterly period, less any amount due the NYSCCT for such period. 1. The first quarterly period for the purpose of the payment of the franchise fee pursuant to this section shall begin on the Effective Date of this Agreement and extend to the end of the subject calendar quarter, and payments for this period shall be prorated appropriately. Subsequent quarterly periods shall coincide with the calendar year (January -February -March, April -May -June, July -August - September, October -November -December). Payments, shall be due by a date thirty-one (31) days following the close of each calendar quarter. B. The Operator shall submit to the Municipality a statement containing sufficient information necessary to permit the Municipality to independently verify that payment of the franchise fee has been fully and accurately made. The statement shall be submitted at the same time as payment of the franchise fee is made. The statement shall include gross receipts itemized by category, both cable and non - cable, with accompanying subscriber data. 20 DRAFT 6/16/93 1. The accuracy of the statement may be independently audited by the Municipality at any time at its own expense, subject to the obligations of the Operator to protect the confidentiality of subscriber records under applicable State or federal law. a. If an error of greater than 5% of the correct franchise fee owed is found, the Operator shall promptly reimburse the Municipality for all expenses incurred in the conduct of the audit, in addition to any additional fee owed the Municipality. b. However, if the Operator disputes the findings of the Municipality's audit, the disputed amount shall be placed in escrow until a final judgment is rendered by a court of competent jurisdiction. As an alternative to litigation, the parties may agree to abide by a final judgement arrived at through binding arbitration. c. Any final judgment for the Municipality that shows an error of greater than 5% shall result in a requirement that the Operator reimburse the Municipality for court costs or arbitration fees incurred by the Municipality. 2. Subject to the obligation of the Operator to protect the confidentiality of subscriber records under applicable State and federal law, the underlying books and records of the Operator may be audited on the Municipality's 21 DRAFT 6/16/93 behalf as is reasonably necessary to effect such independent audit of the statement and the Operator shall cooperate fully with the Municipality and its agents in the conduct of the audit. C. In addition to the quarterly fee payment described above in Paragraph A. of this Section 7 of this Agreement, the Operator shall make a one-time payment to the Municipality of an additional sum of sixty thousand ($60,000.00) dollars to be used by the Municipality in support of its "Senior Citizens" Center or for any other appropriate purpose determined by the Municipality. Such one-time payment shall be paid at a time and in a manner to be determined by the Municipality in coordination with the Operator, but in no event later than one year following the Effective Date of this Agreement. SECTION S. TRANSFER OF OWNERSHIP OR CONTROL OF CABLE SYSTEM A. The Operator shall not transfer this franchise to any other person, firm, company, corporation, or entity without the prior approval of the Municipality. B. The Operator shall file with the Municipality prompt notice of any proposed transfer of control for which approval is legally required from the Municipality or the NYSCCT. 22 DRAFT 6/16/93 C. The Municipality shall not unreasonably withhold its approval of a request for transfer of the franchise or transfer of control filed by the Operator. 1. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, the Municipality may inquire into the legal, financial, character, technical and other public interest qualifications of the prospective controlling party, and the Operator shall assist the Municipality in any such inquiry. 2. Failure to provide all transfer related information reasonably requested by the Municipality as part of said inquiry shall be grounds for denial of the proposed change, transfer, or acquisition of control. D. The Municipality shall act on a request for any consent or approval required by this section within 60 days of such request. E. The Municipality may approve a request for transfer contingent on compliance with standards, terms or conditions within its purview, as permitted by federal or State law and regulation or as permitted by the terms of this Agreement, provided that such standards, terms or conditions are not inconsistent with the terms, rights and privileges granted to the Operator under this Agreement. 23 DRAFT 6/16/93 F. In the event the Municipality refuses to approve a request for transfer it shall specifically set forth its reasons for its decision in writing by municipal resolution. SECTION 9. COMMUNICATION BETWEEN OPERATOR AND MUNICIPALITY A. Formal notices made by the Municipality to the Operator as required by any provision of this Agreement must be in writing, by registered first class U.S. mail, return receipt requested. Notices to the Operator shall be addressed to: U.S. Cablevision Corp. 38 Old Route 9 P.O. Box 889 Wappingers Falls, New York 12590 Attention: General Manager with a copy to: U.S. Cablevision Corp. 20 Washington Place Providence, Rhode Island 02901-0969 Attention: President B. Unless otherwise required, notices required to be made by the Operator to the Municipality pursuant to the provisions of this Agreement may be made in writing, by telephone or by FAX transmission. Any such written notices to the Municipality shall be addressed to: Town of Wappinger Town Hall 20 Middlebush Road P.O. Box 324 Wappingers Falls, New York 12590 Attention: Town Supervisor 24 DRAFT 6/16/93 C. The parties will notify each other of any change in this information within fifteen days of such change. SECTION 10. ACCOUNTABILITY PROVISIONS A. It shall be the obligation of the Operator to promptly file with the Municipality copies of any and all reports, applications, petitions, requests, submissions, responses or other communications that have been submitted or provided by the Operator to the FCC or NYSCCT or other governmental agency and that are required to be provided to the Municipality by current or future law or rule, or any further modification or amendment thereof, including without limitation applications to the NYSCCT pursuant to sections 821 and 822 of article 28 of the New York State Executive Law ("Executive Law"), notices of program service deletions required to be given to the Municipality pursuant to section 824-a of the Executive Law, notices of abandonment that may be governed by section 826 of the Executive Law, requests for modification of franchise obligations or renewal of franchise rights that are required to be given to the Municipality pursuant to sections 625 or 626 of the CCPA (47 U.S.C. sections 545 or 546), requests for modification of any subscriber rates or charges that may be subject to regulation by the Municipality pursuant to applicable federal law, requests submitted to the FCC for "special relief" pursuant to section 76.8 of the FCC regulations and 25 DRAFT 6/16/93 that would directly affect the Municipality if granted; Provided, however, that the obligation of the Operator to submit any such information or documentation shall be limited to the extent necessary to permit the Operator to protect the confidentiality of subscriber information as required by State or federal law or to protect confidential or proprietary business information or commercial trade secrets. B. The Operator shall maintain the following records: 1. A record of all service repair orders received including the date and time received, nature of complaint, date and time resolved, and action taken to resolve or current status if not resolved. 2. A log showing, when known, the date, approximate time and duration, type and probable cause and resolution of all Cable System outages, whole or partial due to causes other than routine testing or maintenance. C. The Municipality reserves the right to inspect any and all pertinent records the Operator is required to maintain pursuant to this Agreement or applicable laws and regulations upon reasonable notice and during normal business hours. The Operator shall promptly make such materials available at its local business office, subject to the obligation of the Operator to protect the confidentiality of subscriber records. 26 DRAFT 6/16/93 D. Once during the first quarter of each calendar year during the term of this Agreement, at the request and invitation of the Municipality, the Operator's System Manager or Regional Manager shall appear at a public session scheduled by the Municipality to answer the inquiries of representatives of the Municipality and the residents of the Town of Wappinger pertaining to the operation of the Cable System in the Town of Wappinger and to present a report on the operation of the Cable System. E. The Municipality may adopt additional reasonable regulations as it may find necessary in the exercise of its police power that are consistent with and not in contravention of the provisions of this Agreement and applicable laws and regulations. F. The Operator shall provide to the Municipality copies of all general correspondence to its subscribers, including but not limited to the forms of surveys sent generally to all subscribers within the Town of Wappinger. SECTION 11: CONSUMER SERVICES AND PROTECTION A. The Operator shall respond to trouble calls, and shall conform its subscriber billing practices, in the manner prescribed in the applicable provisions of all applicable f rules and regulations. 27 DRAFT 6/16/93 B. Consistent with all applicable federal and State requirements, the Operator shall maintain and operate a local customer service center and bill payment location which shall be open at least during normal business hours and which shall be conveniently located within its Service Area and which shall operate for the purpose of receiving and resolving all complaints, including without limitation those regarding service, equipment malfunctions or billing and collection disputes. 1. In addition to being open for walk-in business, the business office shall have a publicly listed, toll-free telephone number. 2. The Operator shall periodically, and at various times of the day, present its business office address and publicly listed toll-free telephone number by means of alphanumeric display on a channel regularly used by the Operator to communicate with subscribers and about aspects of its Cable Service. 3. In the event the Operator moves its primary business office outside the Town of Wappinger during the term of this Agreement, the Operator shall arrange to have an agent within the Town of Wappinger for receiving payment of bills. 28 DRAFT 6/16/93 C. A subscriber who is dissatisfied with the Operator's handling or resolution of a complaint may petition the Municipality or the NYSCCT at any time for assistance in reaching a satisfactory resolution. D. The Operator will discontinue charging subscribers for Cable Service or any portion thereof on the date cessation of such service or portion thereof was requested by the subscriber, provided the subscriber surrenders any equipment of the Operator necessary for receiving such service at the time mutually agreed upon between the Operator and the subscriber, and provided that the Operator is not prohibited hereby from sending its subscriber bills in advance of service periods nor from sending subsequent bill notices reflecting the correct amount of pro -rated charges actually due. E. Employees of the Operator shall not enter a customer's home without the permission of the customer or under other appropriate legal authority. F. Each representative or employee of the Operator entering upon private property on the Operator's business shall be required to have, and produce on request, an employee identification card issued by the Operator bearing a picture of said representative. 29 DRAFT 6/16/93 G. The Operator shall provide for display a standard photo -identification document to all employees, including employees of subcontractors, who will be in contact with the public. Such documents shall include a telephone number that can be used to verify identification. H. The Operator shall respond within twenty (20) days to all written inquiries of subscribers. SECTION 12. PERFORMANCE BONDS A. The Operator shall provide a construction surety bond in the amount of twenty-five thousand dollars ($25,000) �kw until the rebuild and upgrade of the Cable System required in Section 2 is completed and shall maintain a performance surety bond in the amount of ten thousand dollars ($10,000) for the remaining term of this Agreement. 1. Each surety bond shall be provided and regulated in accordance with the provisions of this Section. 2. Each surety bond shall be provided within thirty (30) days of the Effective Date of this Agreement. 3. Each surety bond shall provide that there shall be recoverable by the Municipality jointly and severally from the principal and surety bond, subject to then existing limits of the surety bond any and all damages, losses, costs and expenses suffered or incurred by the Municipality M DRAFT 6/16/93 resulting from the failure of the Operator to faithfully comply with the terms and conditions of this Agreement as pertains to each specific bond. 4. Each surety bond required herein shall be in a form satisfactory to the Municipality and shall require thirty (30) days written notice of any non -renewal, alteration or cancellation to both the Municipality and the Operator. The Operator shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file a replacement bond within forty-five (45) days following receipt by the Municipality or Operator of any such notice of cancellation. 5. The Municipality shall not seek recovery from the surety bonds until it has provided the Operator with at least sixty (60) days to cure any defaults as specified herein. B. In the event that the Municipality has reason to believe that it has suffered or incurred damages, losses, costs, or expenses, as a result of a default by the Operator in the performance of its obligations under this Agreement, except as excused by force majeure and other circumstance beyond the Operator's control enumerated in Section 13.D. of this Agreement, the Municipality shall notify the Operator in writing of the provision or provisions which the Municipality believes may be in default. The Operator shall have sixty (60) days from the receipt of such notice to: 31 DRAFT 6/16/93 1. Respond to the Municipality in writing, contesting the Municipality's assertion of default and providing such supporting information or documentation as may be necessary or; 2. To cure any such default or, in the event that by nature of the default such default cannot be cured within such sixty (60) day period, to take reasonable steps to cure the default and diligently continue such efforts until said default is cured. The Operator shall report to the Municipality in writing, at thirty (30) day intervals, as to the Operator's efforts, indicating the steps taken by the Operator to cure the default and reporting the Operator's progress until such default is cured. C. In the event the Municipality believes that a default continues to exist and the Operator fails to comply with the terms of Section 12.B. herein, the Municipality may convene a public hearing on reasonable notice at which hearing the Operator may be heard and after which the Municipality shall specify its complaint against the Operator. 1. The Municipality and Operator may agree on the appointment of an impartial person to act as a factfinder who shall fix a date for a hearing at which evidence shall be received and a record kept of evidence of the complaint. 32 DRAFT 6/16/93 2. The factfinder shall report in writing to both parties with his or her findings of fact. The Municipality shall make a finding of violation or no violation based on those findings. 3. In the event that the Municipality after such hearing determines that the Operator is in default of any such provision of this Agreement, the Municipality may also determine to pursue any or all of the following remedies: a. Foreclose on all or any part of the surety bonds provided pursuant to this section, provided, however, the foreclosure shall be in such amount as the Municipality reasonably determines is necessary to recover its damages, losses, costs, or expenses, as a result of the default and any reasonable costs in connection with the foreclosure. b. commence an action at law for monetary damages, including the expenses of the factfinding hearing. C. Any other recourse as available by law or federal or State regulation. D. The Operator shall not be held to be in default, violation, or noncompliance with the provisions of this Agreement where such default, violation, or noncompliance is 33 DRAFT 6/16/93 a result of force majeure or other circumstances beyond the control of the Operator, as enumerated in Section 13.D. of this Agreement, are deemed to exist. No decision by the Municipality to invoke any remedy under this Agreement or under any statute, law or regulation shall preclude the availability of any other remedy. E. Whenever monies are taken from the performance bond pursuant to this section, the Operator must replenish the bond to the amount required by this Agreement. F. The Operator may withdraw the construction bond upon completion, satisfactory to the Municipality, of the upgrade and rebuild of the Cable System required under Section 2 of this Agreement. SECTION 13. CONDITIONS PERMITTING REVOCATION A. Except during the final twelve months of this Agreement, the Municipality may revoke this Agreement for the following material breaches of this Agreement: 1. Failure to complete the required rebuilds and upgrades as provided for in section 2 of this Agreement; 34 DRAFT 6/16/93 2. Reporting fraudulent information to the Municipality or displaying gross negligence in the preparation, transmission or maintenance of information required under this Agreement; 3. Failure to pay taxes or fees due the Municipality or, if the amount to be tendered under this Agreement is in dispute, failure to pay taxes or fees due the Municipality as finally determined by a court of competent jurisdiction. 4. Failure to maintain insurance at the levels required by this Agreement. 5. Failure to establish and maintain the performance bonds as required by this Agreement. 6. Failure to obtain prior approval of the Municipality for transfer of the franchise as required by this Agreement. B. No revocation provided for in this section shall be effective unless and until the Municipality shall have provided: 1. Prior written notice of at least thirty (30) days to the operator, and 35 DRAFT 6/16/93 2. An opportunity has been provided for the Operator to be fully and fairly heard in a public session of the Town Board duly advertised to the public and held within 60 days of the aforementioned notice. C. The Operator retains all rights of judicial appeal provided by federal and State law or regulation. D. In no event, and notwithstanding any contrary provision in this section or in this Agreement, shall this franchise be subject to revocation or the Operator be liable for breach of this Agreement during the period of time where substantial noncompliance or failure to take reasonable steps to remedy a duly noticed material provision, is due to war, government restrictions, embargo, civil commotion, strikes or work stoppage, fires, and any act of God or other similar condition beyond the control of the Operator. Provided the Operator timely informs the Municipality of such circumstance, the Operator shall be released from specific obligations herein so affected, except for provisions guaranteeing public safety, during the course of any such conditions, and the time specified for performance of the Operator's obligations hereunder shall automatically extend for a period of time equal to the period of the existence of any such conditions which interferes with the performance of the Operator's obligations. 36 DRAFT 6/16/93 SECTION 14. PROGRAMMING A. Subject to the limits upon the authority of the Municipality to regulate the services provided by the Operator under applicable State and federal law, the Operator shall provide, at a minimum, the following broad categories of programming: 1. Broadcast Stations as required by federal law. 2. Children's Programming. 3. Music Programming. 4. Government and Public Affairs Programming. 5. News Programming. 6. Religious Programming. 7. Sports Programming. 8. General Entertainment Programming. 9. Ethnic Programming. 10. Pay TV Programming. 11. Shopping Services. 12. Educational Programming. B. Subject to the conditions expressed in Paragraph 14.A. herein above, the Operator shall maintain, at a minimum, the mix, quality, and level of programming set forth in this Section. 37 DRAFT 6/16/93 SECTION 15. TERM This Agreement shall expire ten (10) years from the Effective Date of this Agreement. CLOSING STATEMENTS: 1) The Operator may apply to the Municipality for a temporary waiver of any provision of this Agreement or for an extension of time to comply with any provision of this Agreement. The Municipality may grant such waiver or extension for good cause shown. The Municipality may require the Operator to submit information necessary to support such request for waiver or extension. 2) All references within this Agreement to the applicability of the current or future rules, regulations, standards or requirements of the FCC or the NYSCCT are hereby expressly conditioned upon the validity and enforceability of such rules or regulations and subject to any waivers thereof by action of the FCC or the NYSCCT, respectively. 3) The validity of the ten (10) year term of this Agreement and the franchise rights of the Operator shall be considered a material element of this Agreement. Should any other provision of this Agreement be held invalid by a court 38 DRAFT 6/16/93 or regulatory agency, the remaining provisions of this Agreement shall remain in full force and effect. 4) Subject to the obligation of the Operator to protect the confidentiality of subscriber records under applicable State or federal law, the Municipality reserves the right to inspect all pertinent books, records, maps, plans, financial statements, and other like materials of the Operator upon reasonable notice and during normal business hours. 5) The Operator will not refuse to hire an employee, nor bar or discharge from employment, nor discriminate against any person in compensation or in terms, conditions or privileges of employment because of age, race, creed, color, national origin or sex. 6) This Agreement is subject to the approval of the NYSCCT. 7) This franchise is non-exclusive. It is the understanding and agreement of the parties hereto that the Municipality may grant other franchises at any time, subject to applicable federal and State laws and regulations. If such a franchise is granted, the Municipality shall give notice to the Operator of such grant. Upon the request of the Operator, the Municipality shall amend the terms of this Agreement to reflect any more favorable provisions of such DRAFT 6/16/93 other franchise agreement entered into by the Municipality during the term of this Agreement, provided that the Operator agrees to comply with other lawful provisions of such other franchise agreement. 8) The official responsible for administration of this Agreement on behalf of the Municipality shall be the Town Supervisor, or such other official as may be designated hereafter by the formal action of the Municipality. 9) This Agreement shall be governed by the laws of the State of New York and is subject to the applicable provisions of federal law and regulations including the COPA. 10) By execution of this Agreement neither the Operator nor the Municipality waives any rights either may have under federal, State or local law. [ Jurats ] Town of Wappinger Constance O. Smith, Supervisor U.S. Cablevision Corp. Bruce A. Clark President 40 DRAFT 6/16/93 REVISED DRAFT FRANCHISE RENEWAL AGREEMENT 6TH REVISED DRAFT 6/16/93 (JNK) (based on JNK drafts of 4/11/92, 5/11/93, and 5/18/93 town suggestions and meetings of 5/6/93 and 5/13/93) 41 930726.RGM i7, people of the Town of Wappinger to designate and formally establish the aforementioned full stop streets. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption Local Law # of the Year 1993 in the form annexed hereto. 2. 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. 3. The Town Board has caused to be completed Part 1 and Part 2 of the short form EAF for this project in the form annexed hereto. 4. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR, and hereby determines the intended action will not create any significant adverse impacts on the environment and hereby issues a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project. 5. The Town Supervisor is hereby authorized to execute Part 3 of the short form EAF and the Town Clerk is further directed to provide for the filing and distribution of same as provided by law. BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law # of the Year 1993 to be held at the Town Hall on the 23rd day of August, 1993, at 6:45 P.M. o'clock in the evening and that the Town Clerk is directed to post and publish notice of the Public Hearing in the form annexed hereto. Seconded by Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays The next item was the introduction of the Proposed Local Law Amending Local Law #3 of 1980 and Local Law #2 of 1982, Increasing Redemption Fees for Impounded Dogs was placed before the Board. The following Resolution was presented by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, the Town Board has recently received a recommendation from the Dog Control officer to increase the redemption fees for dogs impounded; and WHEREAS, the Town Board has determined that it is in the best interests of the people of the Town of Wappinger to increase the redemption fees for dogs impounded and to include in such fees all costs incurred by the Town in impounding a dog. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption Local Law # of the Year 1993 in the form annexed hereto. Page 9 \ 930726.RGM 2. The Town Board hereby determines that it is the only involved agency in this action and hereby determines that an increase in redemption fees for impounded dogs is an exempt action under SEQRA for which no environmental review is required and no environmental studies need be undertaken. 3. The Town Board hereby schedules a public hearing on the proposed adoption of Local Law * of 1993 to be held at the Town Hall on the 23rd day of August, 1993, at 6:55 P.M. o'clock in the evening and that the Town Clerk is directed to post and publish the notice of Public Hearing in the form annexed hereto. Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays The Town Board proposes to be the Lead Agency with regard to the proposed action under the procedures and requirements of the New York State Environmental Quality Review Act (SEQRA) in the Proposed Municipal Service Development, "Wappinger Emergency Services Building"; and adopt a Resolution prepared by Dan Wery giving reasons why there is a Negative Declaration. COUNCILWOMAN VISCONTI moved to declare the Town Board as Lead Agency in regard to the proposed "Wappinger Emergency Services Building". Seconded by Mr. Valdati Roll Call Vote: 5 Ayes 0 Nays The Bond Resolution dated July 26, 1993 was presented. A Resolution authorizing the issuance of $1,500,000 Serial Bonds of the Town of Wappinger, Dutchess County, New York, to pay the cost of the construction of an Emergency Services Building to be located on a parcel of town -owned land adjacent to the Town Hall at Middlebush Road, in Wappinger Falls, New York, in and for said town. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, the capital project hereinafter described has been determined to be a Type 1 Action pursuant to Local Law No. 6 of 1992 of the Town of Wappinger and the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has Page 10 9 930726.RGM 14) determined will not result in any significant environmental effects; and WHEREAS, it is now desired to authorize the financing of said capital project; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the ow cost of the construction of an Emergency Services building to be located on a parcel of Town -owned land adjacent to the Town Hall, at Middlebush Road, in Wappingers Falls, New York, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, there are hereby authorized to be issued $1,500.000 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $1,500,000, and that the plan for the financing thereof shall consist of the issuance of the $1,500,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 11(a) of paragraph of a Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized shall exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he Page 11 � 930726.RGM or she shall deem best for the interests of the Town; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph C of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Sections 1.150-2(d) and (e). Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. Upon this resolution taking effect, the same shall be published in full in the Southern Dutchess News, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. Page 12 0 930726.RGM Seconded by: Councilman Wallace Roll Call Vote: 5 Ayes 0 Nays Also, at this time, the Town Supervisor set a Public Information Meeting with a full presentation to be held August 9, 1993 at 7:30 P.M. at the Town Hall. A Rezoning Application from W. P. Nelson Construction, Inc., of Rt. 52 Wicoppe Plaza, Hopewell Junction, New York, to change a section of Maloney Road, Town of Wappinger, consisting of approximately 1400' east of the intersection of Route 376 from the present AI Zoning designation to RMF -5 Zoning designation for the development of housing for Senior Citizens. MRS. VISCONTI moved to accept the Application and refer to Al Roberts, Attorney to the Town, to prepare the necessary Resolutions. Seconded by Mr. Mills Motion Unanimously Carried A Request from Ann E. Buckley, Comptroller for the Town of Wappinger, for the transfer of Various Funds was presented to the Board for their approval: GENERAL FUND TOWN WIDE (A) FUND Revenue 2070A Increase $2,500.00 Recreat./Contri Account Agencies Expenditure 7110.2A Increase $2,500.00 Parks/Equipment Account To pay for electric at Robinson Lane Expenditure 5010.2A Decrease $ 316.90 Account Expenditure 5010.4A Increase $ 316.90 Account To reclassify budget line items Revenue 3001A Increase $25,146.00 Account Expenditure 1420.4A Account Increase $20,000.00 Page 13 Trans.Hwy/Equip. Trans.Hwy/C.E. St.Revenue Shar. per capita Attorney/C.E. �3 N 930726.RGM Expenditure 1440.4A Increase $ 5,000.00 Engineer/C.E. Account Expenditure 9050.8A Increase $ 146.00 Unemployment Account Insurance ADA and Tax Certiorari Additional projects - Senior Citizens Expenses and Water Line Highway Department SEWER FUNDS m Watchhill Sewer (SH) Expenditure 8110.4SH Increase $12,006.00 Administrative/ Account C.E. Expenditure 9789.6SH Decrease $12,006.00 Other Long Term Account Debt To adjust budget line items to reflect debt to Town of Fishkill WATER FUNDS Central Wappinger Water (WC) Expenditure 9710.6WC Increase $ 100.00 Serial Bonds Account Principal Expenditure 9730.6WC Increase $ 93.00 BAN Principal Account Payment Expenditure 9730.7WC Decrease $ 193.00 B.A.N. Interest Account To adjust budget line items to reclassify debt Watchhill Water (WH) Expenditure 8310.4WH Increase $ 4,700.00 Admin./C.E. Account Expenditure 8320.4WH Increase $ 4,700.00 Source of Supp., Account Pwr. Pump Approp. Fund 599 WH Increase $ 9,400.00 Approp.Fund Balance Account Balance To adjust budget line items to reclassify for debt to Town of Fishkill MRS. VISCONTI moved to Approve and Authorize the Request for the transfer of the following accounts: GENERAL FUND TOWN WIDE (A) FUND - (1) To pay for electric at Robinson Lane; (2) To reclassify budget line items; (3) ADA and Tax Certiorari, Senior Citizens Expenses and Water Line Highway Department. SEWER FUNDS - to adjust budget line items to reflect debt to Town of Fishkill.; WATER FUNDS - to adjust Page 14 930726.RGM budget line items to reclassify debt; WATCHHILL WATER (WH) - to adjust budget line items to reclassify for debt to Town of Fishkill. Seconded by Mr. Valdati Motion Unanimously Carried Communications from Emanuel F. Saris, Attorney for Tax Reviews, for a proposed settlement between Wappingers Falls Owners Corporation (Brack Construction Corporation) and reaffirm a Stipulation of Settlement for Friendly Acura, were presented to the Board. MRS. VISCONTI moved to authorize the Signing of the Stipulation of Settlement for Friendly Acura as proposed by Emanuel Saris in his letter dated July 13, 1993. Seconded by Mr. Valdati Motion Unanimously Carried MR. VALDATI moved to table and go into Executive Session, at the end of the regular agenda regarding the matter of Wappingers in. Falls Owners Corp. (Brack Construction Corp.) and the Town of Wappinger. Seconded by Mr. Mills Motion Unanimously Carried A Bid Analysis was presented to the Board by Donald Swartz, Architect and consultant, for expansion of the Senior Citizen Center following the General Construction "Re -bid". He reported receiving seven (7) new proposals, with a qualified low bid of $94,782.00 which was submitted by Hansen Custom Buildings of Middletown, New York. (This is a savings of $13,418.00 over our previous bids.) The following were his recommendations as the qualified low bids: General, Hansen Custom Builders - $94,782.000; H.V.A.C., A.C. Smith - $13,450.000; Plumbing, A.C. Smith - $8,450.000; Electric, Bragg Electric - $10,200.000 for a total of $126,882.00. Page 15 930726.RGM The following Resolution was offered by COUNCILMAN MILLS who moved its adoption: WHEREAS, by resolution adopted on March 22, 1993, the Town of Wappinger authorized the construction of an addition to Town Hall to house the expanded needs of the Town sponsored Senior Citizens' Center; and WHEREAS, the resolution authorized the construction of the addition to Town Hall containing approximately 858.6 square feet at a maximum estimated cost of $89,958.00 in accordance with plans prepared and drawn by Archetypes Architecture and Planning, P.C. the cost of same to be paid out of unallocated surplus general Town funds; and WHEREAS, it has been determined that the original costs of construction were underestimated upon analyses of in place building components and soils conditions; and WHEREAS, Donald Swartz, architect to the Town, has advised the Town Board that their revised costs of construction should not exceed a maximum estimated cost of $133,698.00; and WHEREAS, the Town Board has sufficient unallocated surplus general Town funds to pay for the additional costs of construction. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1) The Town Board of the Town of Wappinger hereby determines that it is in the best interest safety of the people of the Town of Wappinger and in furtherance of the public welfare to expand the existing Town Hall to house the additional needs of the existing Senior Citizens' Center by constructing an additional to the Town Hall containing approximately 858.6 square feet at a maximum estimated cost of $133,698.00, to be paid out of unallocated surplus general Town funds. 2) The Town Board hereby modifies and amends their Resolution of March 22, 1993, by increasing the maximum estimated cost of the construction to the addition to Town Hall from the sum of $89,958.00 to the sum of $133,698.00. 3) The Town Board, except as herein modified and amended, hereby ratifies, adopts and reconfirms the Resolution of March 22, 1993. 4) The Town Board further authorizes the Supervisor to enter into contracts with the lowest responsible bidders who have submitted bids for the construction of the 858.6 square foot addition to Town Hall. Seconded by : Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays At this time, Supervisor C. Smith recognized County Legislator Beale who gave a report of the past 6 months of measures that were presented to the Dutchess County Legislature. Page 16 930726.RGM UNFINISHED BUSINESS There was none. ,4 NEW BUSINESS Highway Superintendent, Graham Foster, would at this time like to volunteer our Highway Department's Tank Vehicle to help fight fires in the Town of Wappinger. That is, to aid Chelsea, Hughsonville and New Hackensack Fire Districts in case of an emergency, and at the request of either the Fire Chief or Fire Alarm Headquarters to be used at their disposal. It would give the three Fire Departments another 2,500 gallons of water to fight a fire in the Town of Wappinger. Supervisor C. Smith stated that she would notify the Town's Insurance Carrier, Marshall and Sterling of the change with the policy. She further stated that she would send a letter out to the Fire Districts of Chelsea, New Hackensack and Hughsonville stating that the Board has authorizes Mr. Foster to be available and to be notified by the Fire Chief when needed. MR. MILLS moved to authorize the Town give the Fire District of Chelsea, New Hackensack and Hughsonville use of our Town's Highway Department's tank vehicle to use when needed in case of an emergency. Seconded by Mrs. Visconti Motion Unanimously Carried Councilman Mills stated that he had a copy of a letter from Steve Collins regarding property in the Town of Wappinger which would be up for Tax Sale that necessitated a reply by August 13, 1993. Mr. Mills would like to refer the letter to Jay Paggi, Engineer to the Town, to see if some of the parcels could be used for the Recreation Department, depending upon the price. MR. MILLS moved to refer the letter to J. Paggi, Engineer to the Town, for consideration of land parcels for possible use by the Recreation Department. Page 17 11 930726 . RGM Seconded by Mr. Valdati Motion Unanimously Carried Councilman Mills would like to make a proposal to amend the existing water conservation policy which is in force at this time due to a large number of complaints. He would like to amend the restriction of watering vegetable gardens by pails of water to the use of a garden hose, under attendance for large vegetable gardens. MR. MILLS moved to amend the existing water restrictions to allow the watering of vegetable gardens by hose (not a sprinkler system) under attendance. Seconded by Mr. Valdati Motion Unanimously Carried The Board went into Executive Session at 8:17 P.M. The Board reconvened the Meeting at 8:30 P.M. with all Board members present. MRS. VISCONTI moved to authorize the Supervisor to discuss with Emanuel F. Saris, Attorney for Tax Reviews, the boundaries of his authority in regards to his settlement question as set forth in his correspondence dated July 13, 1993. Seconded by Mr. Valdati Motion Unanimously Carried MRS. VISCONTI moved to adjourn the Town Board Meeting, Seconded by Mr. Wallace and unanimously carried. The Meeting was adjourned at 8:55 P.M. ?-�' a twL (��Jft— Elaine Snowden Town Clerk Page 18 930726.PH A Public Hearing was held by the Town Board of the Town of Wappinger on July 26, 1993, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on a proposed Local Law Amending the Zoning Law and Zoning Map of the Town of Wappinger by rezoning a parcel of land owned by the Satellite Castle f Corporation from the present zoning classification of Conservation Office Park (COP) to Highway Business (HB) and by directing that the Zoning Map of the Town of Wappinger dated the 31st day of July, 1990, be amended to reflect such rezoning classification. Supervisor Smith opened the Meeting at 6:50 P.M. Present: Constance 0. Smith, Supervisor James Mills, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Absent: Robert Wallace, Councilman The Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Meeting). Because the Town has not gotten any paperwork from the Planning Board as yet, Supervisor Smith will set a Special Town Board Meeting just prior to the Work Shop Meeting to vote on this. MRS. VISCONTI moved to adjourn the Public Hearing to August 9, 1993, at 7:00 P.M., seconded by Mr. Valdati and unanimously carried. The Hearing closed at 6:50 P.M. a-t��� &'eu CjL� Elaine H. Snowden Town Clerk Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wapp Inger will conduct a PUBLIC HEAR- ING on the 28th day of July, 1993, at 8.48 p.m. at the Town Hal, Town of W 20 MkldNbush Rced, W opera Fall., New York, et whk: time ail paril" In Interest and cititen..hall have an opportunity to be heard as to whether the Town Soard of the Town of Wappinger. shall adopt a proposed "Local Law Amending the ZonhV Law and the ZoninP Map of the Town.ot Wapp Inger' by rezoning a parcel of land owned by the SatellNe Ca"* Corp. and located on the seat "of Rout 378 at Its intersection with Myers Corners Road and designated on the * Town of Waootrwer rex Mao$ as tax present of nConsnservation OfAoe Park ( M Hlphwsy Bu$krese (HB) and by dkec. tir thai the Zoning Map of the Town of Vllappi�perated tM 31 a day M ,=, 9gg0 be amended to re8sa such retonirp daseNkxdlon. PLEASE' TAKE FURTHER NOTICE that the Town Board of the . Town of Waooinaer hes not mea any Declarat of S1�Nicen� pw $vent to the New York Stats En vironmental Review Act. PLEASE TAKE FURTHER NOTICE that copka d the propce ad Local Law ere awNabk fa review and I at the office of the Town Clerk ami weekday$ from 8:30 am. to 4:00 p.m. BY ORDER, OF THE TOWN BOARD OF THE TOWN OF WAPPINGER ELAINE SNOWDEN, TOWN CLERK DATED: JULY 12. 1983 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, .-- Town of Wappinger. Joan miller ....................................................... of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several Bookkeeper times hereinafter was, the .............................. of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for ..one. weeks successively in each week, commencing on the 14th day of ,,.July 19 .93 and on the following dates thereafter, namely on and ending on the .,,14th day of .,July 19.9 3. both days inclusive. Subscribed and sworn to before me this ..14th... day of ........ uIly��,A,..... 199 933 Notary Public My commission expires .......... RT ............ RACHEL WISHA WARY PUBLIC. STATE OF NEW YORK OUALIFiED IN DUTCHESS COUNTY III 14-4855902 ISSION EXPIRES MARCH 31, ISS Tc►WN BOARD: TOWN OF 1gAPP I NGF,I?. DU'rCHFSS ("011NTY : NEW YORK IN THE, MATTER OF NOTICE: OF PiJBLIC HEARING ON T1IE PROPOSED LOCA.L, LAW AMENDING THE ZONING. LAW OF AND 'ZONING MAF' OF THE TOWN OF WAPPINGER. STATE OF NEW YORK ) ) ss. COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE, Il. SNOWDEN, being duly sworn, deposes and says: That, she i s the dt i l y e I r>ct.e d , cp►n I i f i e d and aet.'i n g '.town Clerk of the 'Town of Wappinger, County of Dutchess and State of New York. That, oil J► ne 14, 1993, yoi.tr deponent-, posted a �op,y of the attached notice of Public Hearing on the proposed "Local Law Amending the Zoning Law and the Zoning Map of the 'town of Wappinger" by rezoning a parcel of land owned by the Satellite Castle Corporation and located on the east side of Roi.tte 376 at Its intersection with Myei•s Corners Road and designated on the 'town of Wappinger tax Maps as tax grid numbers 19-6359-01-296627 from the present, zoning classification of Conservation Office Park (COP) to Highwa,y Business (HB), on the signboard maintained by your deponentiii her office in the 'town Halt of the Town of Wappinger, 20 M i dd 1 ebiish Road, W(appi tigers Falls, Dutchess County, New York. <-� Elaine H. Snowden Town C]_erk Sworr► to before t,h i s �2w V4) day of 1 1993. Notary Public ,f,, jC_ —r� "e�� LINDA M. LIUCCI Notary Public, State of NAWY0M No. 2381720 Ouslified in Dutchess Counv 13 Commission Expires 10/31/1