1980-01-14 RGMAGENDA
TOWN BOARD
TOWN OT WAPPINGER
JANUARY 14, 1930
1. SUPERVISOR CALL MEETING TJ DRDER
2. CALL MEETING TO ORDER
3. BOY SCOUT TROOP #F7 - Lead Board in Pledge of Allegiance
4 .
REPORTS OF OFFICERS
Town Justices
144
Bldj/Zoning Hydrant Report Receiver of Taxes
Copy of Planning B5. & Zoning Bd. report on Fees Collected for '79
5. PETITIONS & COMMUNICATIONS
A. Memo From M. Ryan re: Refund for Mangone, high meter reading
B. M. Brownell, Prs. Sloper-Willen, re: Town Contract
C. N.Y.S.D.E.C. re: approval of 0 & M reimbursement costs for 1978
Wildwood S.D. & Mid Point Park S.D.
D. R.E. Lapar re: Recomnendation for release of retainage on Contract
#9, Dave Alexander
E. R.E. Lapar recortwendation on proposed Water & Sewer Repairs
Ordinance
F. R.E. Lapar recommendation on release of retainage for White Gates
Mater Pit Contract.
G. Has Gunderud re: rest for Deputy Bldg./Zng
H, CL ro _ cjce
IC (=Yoru-\ii-Ll( SbbA, 3 NAs.
6. REPORTS OE COMMITTEES '06-d • -b=ia-t 1--Vezai% -V r.,›- c3f5c.."-, on
7. RESOLUTIONS
a. Introduce Local .-ending LL#1 of'67 for Over 65 -Tax Exemptions
b. Vacancy on Planning 'ioard
c. Introduce Proposed Orfdnance for Sewer & Water Repairs
d. Resolution by Sup. Dithl for reward for information regarding
fatal accident -hit Cs run -De Garno Ellis Rd.
e. Local Law amendMent for Commercial Rates -
f. Cablevision Franchise
8. UNFINISED BUSINESS
a. R.E. Lapar re: A5,7-sms & Puretz 1:,?quest for
Myers Corner's Rd.
b, Part Time Clerl't tc j‘:.etice
c. Storm Drainage prcposal - Bel -Aire Lane.
9. NEW 3U:7-:.r!ESS
10. PtliJOlgT
Sewer & WaLer
145
The Regular Meeting of the Town Board of the Town of Wappinger
was held on January 14, 1980 at Town Hall, Mill Street, Village
of Wappingers Falls, Dutchess County, New York.
Deputy. Supervisor Johnson opened the meeting at 8:15 P.M.
Present:
Nicholas Johnson, Deputy Supervisor
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Absent:
Louis Diehl, Supervisor
Others Present:
William Horton, Superintendent of Highways
Jon Holden Adams, Attorney
Mr. Johnson recognized Boy Scout Troop #67, and asked them to come
forward and lead the public in the Pledge of Allegiance to the
Flag.
All stood and said the Pledge of Allegiance to the American Flag.
Mr. Johnson then thanked the Troop for their attendance and partici-
pation.
Reports were received from the Town Justices for the month of
December, the Building Inspector and Zoning Administrator's report
for the month of December and a corrected report for the month of
September, Receiver of Taxes for December and Hydrant Report from
the Highway Superintendent for December, and copy of Planning Board
and Zoning Board of Appeals Report on Fees Collected for 1979.
MRS. REILLY moved to accept the Reports and place them on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Gerald Webb, 23 Pleasant Lane had sent in a late correspondence
for the Agenda, and Mr. Johnson recognized him at this time since
he was present. Mr. Webb requested that the following letters be
entered into the minutes of the meeting.
1
146
January 7, 1980
23 Pleasant Lane
Wappingers Falls NY
Grid 19-6157-01-436696
Mr. Lou Diehl, Supervisor
Town of Wappinger
Town Hall, Mill Street
Wappingers Falls, N.Y. 12590
Dear Mr. Diehl:
It has come to my attention that construction has begun on the
Waldbaum's Shopping Center that will be located at the intersection
of Rt. 9 and Myers Corners Road. A couple of my neighbors also
informed me that this plaza is to be drained by the small stream
that runs across my property. I phoned Mr. Lapar and he confirmed
that this was correct and that as of now, there was no downstream
drainage work being done.
It is obvious to me that this stream is in no way capable of
handling the runoff water from any plaza of that size or even a
much smaller one.
I have not had any water damage in the three years that I have owned
this property. There is also no evidence that there ever was any
with the previous owners.
It is my opinion that the proposed Waldbaum's Shopping center may
cause severe flooding and extensive damage to my property, perhaps
even flooding the basement.
This is to notify you, the Town Supervisor, with a copy to the
Town Engineer and to my attorney, that I hold you and the Town of
Wappinger fully liable and financially responsible for any damages
that I incur as a result of this project.
Very truly yours,
s/ Gerald F. Webb
January 13, 1980
23 Pleasant Lane
Wappingers Falls NY
297-5203
Mr. Louis Diehl, Supervisor and
the Town Board
Town of Wappinger
Mill Street, Wappingers Falls
Statement to be delivered at the Jan. 14, 1980 meeting of the
Town.Board
1. I would like my letter of January 7, 1980 read into the minutes
2. In the past week that I have become aware of the potential
drainage problem, several different people have questioned
whether the Town has any obligation regarding "downstream
drainage". Therefor, I would like the following to be read
into the minutes:
From the Town of Wappinger Zoning Ordinance:
Article I - Purposes
Section 102. To provide adequate light, air, and privacy; to
secure safety from fire, flood and other danger, and to prevent
over -crowding of the land and undue congestion of population.
the
147
Section 108. To avoid hazardous conditions and damage from
flooding and storm water runoff, to protect streams, ponds
and swamps from pollution; to safeguard the water table, and
to encourage the wise use and sound management of the natural
resources throughout the Town in order to preserve the
integrity, stability and beauty of the community, and the
value of the land.
In the event that some people feel that permits have been issued,
construction started, and nothing can be done. I would like to
also have the following entered into the minutes, also from the
Town of Wappinger Zoning Ordinance:
ARTICLE V. - ADMINISTRATION AND ENFORCEMENT
Section 501 - No board, agency, officer, or. employee of the
Town shall issue, grant, or approve, any permit, license,
certificate, or other authorization, including adjustments
by the Board of Appeals, for any construction, reconstruction,
alteration, enlargement, or moving of any building, or for
any use of land or building that would not be in full com-
pliance with the provisions of this Ordinance. Any such
permit, license, certificate, or other authorization, issued,
granted or approved in violation of the provisions of this
Ordinance, shall be null and void and of no effect, without
the necessity of any proceedings or revocation or nullification
thereof, and any work undertaken or use established pursuant
to any permit, license, or certificate or authorization, shall
be unlawful, and no action shall be taken by any board, agency,
officer or employee of the Town purporting to validate any
such violation.
Section 530 - Violations and Penalties
Section 531 - Any owner, lessee, tenant, occupant, architect
or builder, or the agent of any of them,.who violates or is
accessory to the violation of any provisions of this Ordinance,
or who fails to comply with any of the requirements thereof,
or who erects, constructs, alters, enlarges, converts, or
moves, uses any building, or uses any land in violation of
any detailed statement or plans submitted by him and approved
under the provisions of this Ordinance, or who fails to comply
with any condition or safeguard attached to a special permit
issued under Section 435.02 hereof shall be guilty of a
misdemeanor, and shall be liable to the penalties provided
in Section 268 of the Town Law. Each week's violation shall
constitute a separate offense. Violations shall be prosecuted
and penalties collected in the manner prescribed by law or
Ordinance effective in the Town.
Section 532 - Any building erected, constructed, altered,
enlarged, converted, moved or used contrary to any of the
provisions of this Ordinance, and any use of land or any
building which is conducted, operated or maintained contrary to
any of the provisions of this Ordinance, shall be and the same
is hereby declared to be unlawful. The Zoning Inspector may
institute an injunction, mandamus, abatement, or any other
appropriate action to prevent, enjoin, abate, or remove such
erection, construction, alteration, enlargement, conversion,
ou use in violation of any of the provisions of this Ordinance.
Such action may also be instituted by any property owner who may
be particularly damaged by any violation of this Ordinance.
The Zoning Inspector shall serve notice personally, or by
registered mail addressed to the premises of such violation,
on the person or corporation committing or permitting the
same and, if such violation does not cease within such time
as the Zoning Inspector may specify, and a new Certificate
of Occupancy is not obtained, he shall institute such of
the foregoing actions as may be necessary,to terminate the
violation. Such notice may also be served by posting on the
premises.
I would also like included in the minutes the following sections
of the LAND SUBDIVISION REGULATIONS, TOWN OF WAPPINGER, NEW YORK:
p.l. Section 10. Policy
It is declared to be the policy of the Town Planning
Board to consider land subdivisions as part of a plan for the
orderly, efficient and economical development of the Town.
Land to be subdivided shall be of such character that it can
be used for building purposes without danger to health or
peril from fire, flood, or other menace. Proper provision
shall be made for drainage, water, sewerage, and other
needed improvement.
p.8. Section 30.
31.1 Character of Land
Land to be subdivided shall be of such character that
it can be used safely for building purposes without danger
to health or peril from fire, flood or other menace.
pgll 33.2
Drainage Improvements
The developer may be required by the Planning Board to carry
away by pipe or open ditch any spring or surface water that
may exist either priviously to, or as a result of, the
subdivision. Such drainage facilities shall be located in
the road rights-of-way where feasible, or in perpetual
unobstructed easements of appropriate width.
A culvert or other drainage facility shall, in each case, be
large enough to accommodate potential run-off from its entire
upstream drainage area, whether inside or outside the subdi-
vision, The Town's engineer shall determine the necessary
size of facility, based on anticipated run-off from a 20 -
year storm under conditions of total potential watershed
development permitted by the Zoning Ordinance. The developer
shall submit to the Planning Board computations and data in
sufficient detail to make possible the ready determination
of the adequacy of the proposed drainage installation.
The Town's engineer shall also study the effect of each
subdivision on existing downstream drainage facilities
outside the area of the subdivision. Where it is anticipated
that the additional run-off incident to the development of
the subdivision will overload an existing downstream drainage
facility during a 20 -year storm, the Planning Board shall
notify the Town Board of such potential condition. In such
case, the Planning Board shall not approve the subdivision
until provision has been made for the improvements of said
potential condition.
I would also like to have included in the minutes; the following
statement from a letter to the Planning Board from Eric W. Gillert,
an'Associate Planner with The Dutchess County Department of Planning,
dated October 16, 1978, a review of the Sketch Site Plan:
p.2, Re: Parking lot landscaping and Drainage
Item #7 The site presently contains two wetlands areas which
act as storm water retention basins. These basins help to
minimize flooding in an extensive floodplain system which
covers large tracts of land to the east and south of this
site including a residential subdivision already plagued
with flooding problems. It would be near impossible to
economically develope a shopping center here while
simultaneously preserving these wetlands. A drainage
system, however, should be designed incorporating retention
features which would minimize the downstream flood flow
increases.
All of the:information. that I have accumulated in the past week
indicates to me that your consideration and the Planning Boards
review of this project has been less than thorough. Especially
the portion that relates to downstream drainage. I would urge
you to give this situation immediate and serious consideration.
I would be happy to cooperate in any way that I can in an effort
to find an acceptable resolution of this problem. Failing in
this however, I am prepared to take whatever steps that I feel
are necessary to protect my property.
I thank you very much for your time and hopefully your consideration
and cooperation.
Very truly yours,
s/ Gerald F. Webb
Mr. Webb then -addressed the Board and said that he had had a
460 meeting with Mr. Diehl and Mr. Lapar and they questioned whether
the Town had any obligation in this matter. He felt, that after
reviewing the Zoning Ordinance and the Land Subdivision Regulations,
it is clearly spelled out that the Town does have an obligation
in this matter, through downstream drainage. When Mr. Johnson
asked Mr. Webb if he wanted to Town to check to see where the
liability was and to determine if all regulations have been met,
Mr. Webb replied that he would like to see the Town proceed with
downstream drainage funding.
MR. JOHNSON moved that the letters from Mr. Webb be referred to
the Drainage Committee for investigation of the situation and
report back to the Town Board.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A letter had been received from Mary Mangone in December, 1979
regarding a faulty water meter which was running fast and
bringing her water bill to an over average amount. An average
bill for her residence would be approximately $14.32; she paid
a bill in April of 1979 for a three month period in the amount of
$78.99; she was therefore, requesting a refund of $64.67.
A memo was received from Mr. Ryan confirming this fact and he
recommended that a refund be made to Mrs. Mangone in the amount
of $64.67, since they had reviewed three quarters usage and it
was determined that the meter was running fast.
150
MRS. MILLS moved that a refund be made to Mrs. Mangone in the
amount of $64.67, as recommended by the Comptroller (Mr . Ryan).
Seconded by Mrs. Reilly
Motion Unanimously Carried
A letter was received from Maynard Brownell, President of
Sloper-Willen Community Ambulance Service, Inc. renewing their
contract with the Town of Wappinger for 1980 and the sum of
$38,000 had been allocated as a line item in the Town Budget
for Sloper-Willen Community Ambulance Service, Inc.
MR. JOHNSON moved to receive this letter and place it on file.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Two communications were received from the New York State Department
of Environmental Conservation approving applications for reim-
bursement for operation and maintenance of the Mid -Point Park
Sewer District and the Wildwood Sewer District. The Grant Amount
for Mid -Point Park Sewer District was $8,966.41 and for the
Wildwood Sewer District, $9,156.06, a 25% reimbursement rate.
MRS. REILLY moved that these letters be received and placed on
file and copies be sent to Mr. Lapar and Camo Pollution Control.
Seconded by Mrs. Mills
Motion Unanimously Carried
A recommendation to release the 5% retainage fee on Central Water
Contract #9 to Dave Alexander, Inc. was received from Mr. Lapar.
Mr. Versace asked what work was done and since this was completed
a year ago, Mr. Lapar could not respond without checking his files.
MR. VERSACE moved to table this matter until the next meeting
in order to receive specific information from Mr. Lapar as to the
exact nature of the work.
Seconded by Mr. Johnson
Motion Unanimously Carried
The Boy Scout Troop #67 left the meeting at this point and their
leader, Mr. Hans Gunderudithanked the Board again for inviting them
to attend and he also thanked the Town,of Wappinger, especially
Supervisor Diehl for their support of the Boy Scout's program of
151
recycling that was conducted at Imperial Plaza.
Mr. Johnson thanked the Troop for their participation and invited
them to attend the meetings again.
Favorable recommendations were received from Mr. Lapar, Mr. Horton
and Mr. Gunderud on the proposed Ordinance for Water and Sewer
Repairs.
MRS. MILLS moved that these letters be received and placed on file.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A recommendation was received from Mr. Lapar regarding the request
from Joseph Ruscitti, Inc. to release the 9% retainage fee on the
White Gates Meter Pit Contract. Mr. Lapar reported that the work
had been completed to the satisfaction of his office and the fee
of $375.00 should be returned to Mr. Ruscitti.
MRS. REILLY moved to release the retainage fee of 9%, in the amount
of $375.00 to Joseph Ruscitti, Inc., on the White Gates Meter Pit
Contract, as recommended by the Engineer.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Hans Gunderud, Building Inspector and Zoning Administrator
wrote to the Board again requesting that a Deputy be appointed for
his office. He pointed out that the money had been budgeted for 1980,
for a part time deputy and he needed this person immediately.
MRS. MILLS moved to refer this matter to the Personnel Committee
for discussion with Mr. Gunderud to determine his needs and assist
him in finding a suitable deputy.
11100
Seconded by Mrs. Reilly
Motion Unanimously Carried
A request was received from Otto Klassen of'Klassen Builders Inc.
for the Town to accept East Salem Road as a Town road. He enclosed
the deed and "as built" map.
MR. JOHNSON moved to refer this matter to the Attorney, the Engineer
and the Highway Superintendent for review and recommendation.
Seconded by Mrs. Mills
Motion Unanimously Carried
152
The following letter was received:
January 11, 1980
Town Board, Town of Wappinger
Mill Street
Wappingers Falls, New York 12590
Re: Spring Hill Subdivision
Diddell Road
Town of Wappinger
Gentlemen:
Pursuant to my recent discussion with Jon Adams, Attorney for the
Town, it has been agreed that the Developer of the above sub-
division, A. J. Scaccia Enterprises, Inc., has agreed to file a
performance bond for the completion of the road within the sub-
division which bond shall be in the amount of $32,000.00.
In addition to such bond, the Developer will enter into an
agreement with the Town wherein it will be stipulated that the Town
Board, and/or the Planning Board shall reserve right to review the
adequacy of the bond amount during the lifetime of the bond for
purposes of increasing the same if deemed necessary. The
Developer, by the same agreement, posts a separate undertaking in
a form satisfactory to the Town Attorney to guarantee the Town
legal expenses in the event a legal proceeding is initiated to
recover on the bond.
I would appreciate your considering this proposal at the meeting
on January 14, 1980 and adopting a resolution approving these
arrangements.
If you have any questions, please do not hesitate to call me.
Very truly yours,
s/ Gerald A. Vergilis
Mr. Adams noted that there is a problem with this particular bond
due to the fact that the Town is presently reviewing what steps they
want to take in handling future regulations on road bonds. His office
has forwarded several recommendations to the Board, which are basically
included in this letter -- namely, that the developer have included
in the bond a clause that would cover the cost of legal expenses as
well as the completion of work, if the Town has to start a law suit
to recover the bond. Another factor would be the right of the Town
to "yank the bond" at any time during the term of the bond, if the
Town felt it was not adequate because of escalating costs. Another
recommendation was that the Town should require that roads be
completed within a subdivision after a certain percentage of the
lots have been developed. If the roads are built before the last
lots are developed and sold, which is when the developer normally
reaps the profits, then this would be more protection for the Town.
153
Mr. Versace asked if these recommendations were being incorporated
in the new Subdivision Regulations. He felt that if this bond was
accepted under the present regulations there would be a further
problem --that of plowing. At the present time, the developer would
be fined if he did not plow the roads, but that would not necessarily
mean that they would be plowed. Under the new regulations, there
was a stipulation stating that roads must be made passable by the
, developer. If the bond in question was accepted at this time, there
would be no such protection for the residents of this subdivision.
Further discussion ensued on this matter ---should they accept the
bond submitted by Spring Hill Subdivision subject to these regula-
tions, as recommended by the Attorney, being included, or table
action until a resolution spelling out all these conditions was
presented by the Attorney for their consideration.
MR. JOHNSON moved to refer this matter to the Attorney to draw up a
resolution containing the necessary stipulations for acceptance of
the bond for the Spring Hill Subdivision.
Seconded by Mrs. Mills
Motion Unanimously Carried
A report was received from James Napoli, Assistant Public Health
Engineer of the Dutchess County Department of Health regarding a
visit he made to the Sewage Treatment Plants and a meeting with
Camo Pollution Control to discuss these inspections. Comments and
recommendations were noted on all the sewer treatment plants and
copies of this report were sent to Camo Pollution Control, Joseph
Marcogliese of the Department of Environmental Conservation and
Rudolph Lapar, Engineer to the Town.
MR. JOHNSON moved to receive this report and place it on file,
Seconded by Mrs. Reilly
Motion Unanimously Carried
Mrs. Mills reported that she had made an inspection of the stream
on Mr. Webb's property, but at this time she had no comment. She
would investigate the situation with Mr. Johnson, as they were both
on the Drainage Committee, and report back to the Town Board.
Under Tri -Municipal, Mr. Johnson reported that the Committee met
last Thursday night; Mr. Robert Vaughn from the EPA was present at
1(54
this meeting. They would have a Reorganizational Meeting on the
21st of January at the Dutchess County Health Department at 7:30 P.M.
The next regular Commission meeting would be on February 7th, 1980,
and they intended to have a public informational meeting on the 28th
of February, 1980, as part of the Environmental Impact Study which
requires a number of public imput meetings. This meeting would
probably be scheduled at Vassar Road School since the last one was
held at a Wappinger school.
The following Local Law was introduced by COUNCILWOMAN MILLS
A Local Law amending Local Law No. 1 of 1967 and Local Law
No. 5 of 1977.
Be It Enacted by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. Section 2 of Local Law No. 1 of 1967 and Section
2 of Local Law No, 5 of 1977 are hereby amended to read as follows:
Section 2. Real property owned by one or more persons, each
of whom is sixty-five (65) years of age or over, or real property
owned by husband and wife, one of whom is sixty-five (65) years of
age or over, shall be exempt from town taxes to the extent of Tifty
(50%o)percentum of the assessed valuation thereof, subject to the
following conditions:
(a) The owner or all of the owners of such real property
must file an application on forms provided by the State Board of
Equalization and Assessment in the assessor's office on or before
the first of May of each year or at such date as may be hereafter
fixed by law.
(b) The income of the owner or the combined income of the
owners of the property shallnot and may not exceed the sum of
Eight Thousand ($8,000.00) Dollars for the income tax year
immediately preceding the date of making the application for
exemption. The_income tax year shall mean the twelve month
period for which the owner or owners filed a federal personal
income tax return, or if no such return is filed, the preceding
calendar year. Where title is vested in either the husband or the
wife, their combined income may not exceed such income. Such income
shall include social security and retirement benefits, interest,
dividends, net rental income, salary or earnings, and net income
from self-employment, but shall not include a return of capital
gifts or inheritances. Rental income and self-employment shall
not be reduced by an allowance for depreciation.
(c) The title to such real property shall have been vested
in the owner or all owners of such real property for at least
twenty-four (24) consecutive months prior to the date of making
application for exemption.*
(d) The real property shall be used exclusively for
residential purposes.
(e) The real property shall be the legal residence of and
shall be occupied in whole or in part by the owner or by all of
the owners of the same.
(f) Applications for such exemption shall be made by the
owner, or all of the owners of the property, upon forms prescribed
‘e,
i
155i
by the State Board of Equalization and Assessment to be furnished
by the assessing authority, and applicants, shall furnish such
information and shall execute the application in the manner
prescribed in such forms. Such application must be filed with
the assessor on or before the first day of May of each year or
such other date as may be hereafter filed by law.
Section 2. This Local Law shall take effect immediately
upon adoption.
* Not withstanding any other provision of law, where a residence
is sold and replaced with another within one year and both
residences are within the state, the period of ownership
of both properties shall be deemed consecutive for purposes
of the exemption from taxation by a municipality within the
state granting such exemption.
The following resolution was introduced by COUNCILWOMAN MILLS
who moved its adoption:
WHEREAS, there has been duly presented and. introduced at
a meeting of this Town Board on the 14th day of January, 1980,
a proposed Local Law Amending Local Law *1 of 1967 for Over
65 Tax Exemptions, and,
WHEREAS, the provisions of the Municipal Home Rule Law
requires that no local law shall be passed by the Legislative
Body of the Town until a Public Hearing thereon has been held
before such body,
NOW, THEREFORE BE IT RESOLVED,
1. That a Public Hearing
Local Law by the Town Board of
day of February, 1980, at 7:00
Mill Street, in the Village, of
New York.
shall be held on the said proposed
the Town of Wappinger on the 13th
P.M. EST, on such day at Town Hall,
Wappingers Falls, Dutchess County,
2. That at least five (5) days notice of such hearing shall
be given by the Town Clerk of the Town of Wappinger, by the due
posting thereof upon the bulletin board maintained by said Town
Clerk in the Town Hall and by publishing such notice at least
once in the official newspaper of the Town of Wappinger.
Seconded by: Councilwoman Reilly
Roll Call Vote: 4, Ayes 0 Nays
A vacancy still existed on the Planning. Board, however, more
resumes had been received from people interested in being appointed,
and Mr. Johnson said that the Board had not had a chance to review
them.
MR. JOHNSON moved that this appointment be tabled until the next
meeting.
Seconded by Mrs. Reilly
Motion Unanimously Carried
The following Ordinance was introduced by COUNCILWOMAN MILLS:
An Ordinance regulating water and sewer service pipes.
BE IT ORDAINED by the Town Board of the Town of Wappinger
as follows:
Section One: This ordinance shall apply to all water and sewer
improvement districts within the Town of Wappinger.
Section Two:
a. The water service pipe or pipes leading from dwellings
or other places, to the district water distribution system,
together with the sanitary sewers from dwellings or other
places to the main sewer, shall be installed and connected at
the expense of the property owner. No connection to the water
distribution system or the main sewer shall be made until a
permit therefor shall be issued by the building inspector and
all such connections or service pipes and fixtures shall be
constructed under and in accordance with the "Rules and Regula-
tions, Sewer, and Water Hook-ups, Town of Wappinger, effective
June 1, 1976".
b. The water service pipe or pipes from dwellings or
other places to the edge of the paved portion of the road shall
be kept in good repair by the property owner and at his expense
and shall be maintained so that said pipes and connections shall
be free of leaks. Upon abandonment of the water service or
demolition of the building, the water service shall be dug up
and shut off at the curb valve by the property owner and at his
expense after obtaining a permit for the same and upon inspection
by the building inspector.
(1) The building inspector shall notify the property
owner in writing of any existing leaks in the water service
between the edge of tie paved portion of the road and the meter
or that the water service. shall be dug up and shut off at the
main because of the abandonment of the water service or demoli-
tion of the building or buildings serviced by water, and that
such repairs or shut off shall be made within seven (7) days
after the mailing of such notice by registered mail, return
receipt requested, except that in the event of an emergency, as
determined by the building inspector, in which case, the building
inspector shall order the repairs to be made immediately. Upon
failure of the property owner to act, the building inspector shall
order the repairs or shut off made and the cost of making the
repairs or shut off shall be paid for by the property owner.
(2) If upon excavating the leak, it is found that the
water service is pitted or crystallized to a point that permanent
repairs cannot be made, then the building inspector shall order
the water service replaced with new service pipe, and the cost shall
be charged against the property owner.
(3) Such repair costs or shut off costs as well as engineering
and administrative costs if undertaken by the town shall be assessed
by the building inspector, and shall be a lien upon real estate,
and if not paid within sixty (60) days after the billing date,
shall be collected in the same manner as provided in this act
for the collection of taxes or other charges or assessments, in
default of their payment.
c. The repairs and replacements to the water service from
the paved portion of the road to the distribution main shall be
made by the town and the cost thereof shall be borne by the town.
d. The domestic sewer from the dwelling to the main sewer
or from other places to the main sewer shall at all times be
maintained by the property owner and at his expense in the same
manner and subject to the same town remedies and enforcement
powers as heretofore set forth for water connection pipes.
13 157
kw,
MRS. MILLS moved to set a Public Hearing on the Ordinance
Regulating Water and Sewer Service Pipes on February 13, 1980
at 7:15 P.M. at the Town Hall, at which time all interested
persons would be heard.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A memo had been received from Mr. Diehl addressed to the Town
Clerk for inclusion in tonight's Agenda, regarding a reward of
$500.00 for information which leads to the detection, arrest
and conviction of the person guilty of leaving the scene of an
accident . This accident occurred on October 29, 1979 on
DeGarmo Hill Road and resulted in the death of Lester Storm.
Although Mr. Diehl was not present at the meeting, Mr. Johnson
said he felt very strongly about this matter and he felt that
the Board should act on it.
MR. JOHNSON moved that the Town post a $500.00 reward for
information leading to the detection, arrest and conviction
of the person guilty of leaving the sceneof an accident on
DeGarmo Hill Road which resulted in the death of Lester Storm.
Seconded by Mr. Versace
Roll Call Vote:
Councilman Johnson Aye
Councilwoman Mills Nay
Councilwoman Reilly Nay
Councilman Versace Aye
Supervisor Diehl Absent
Motion Defeated
Mrs. Reilly, when voting Nay, said she felt that since the Storm
family was offering $1,000 reward, this was sufficient for anyone
to come forward with information. If the Town wished to offer a
reward, she would rather see it offered for the arsonists at
large.
Mrs. Mills, when voting Nay, concurred with Mrs. Reilly and
felt we would be opening "pandora's box"; the Storm family was
offering a $1,000 reward which topped the Town's offer, and this
was ample.
A Public Hearing having been held by the Town Board of the Town
of Wappinger on January 9th, 1980 on Local Law #1 of 1980 Amending
1`58
Local Law ##5 of 1975, Increasing Commercial Rates of Central
Wappinger Water Improvement Area, the matter was now placed
before them for their consideration.
Mr. Fulton, being recognized by the Chair, wished to discuss this
matter before the Board took any action. He went back several
years and referred to a hearing by the Water Resources Commission
and a stipulation that Hilltop Water Company pump a maximum of
50,000 gallons a day or 42millions per quarter; he believes this
limitation still stands. He objected to the overuse of this
system - it would not take this abuse, he contended, it would
jeopardize the whole system; it could not handle these new develop-
ments coming in. The commercial parcel in the district is presently
paying $1,500 per quarter; the residents are paying 67c per 1,000
gallons, the corporation is paying about 12 per 1,000 gallons.
He had one question --who gave the authorization for this rate?
They had a problem and he requested that they give this serious
consideration before they took any action on the matter in front
of them.
Mr. Versace asked the Board if they had any answers to some of the
questions Mr. Fulton brought up and he felt they should set up some
work shop sessions with Mr. Adams and Mr. Lapar to discuss some of
the problems Mr. Fulton is talking about.
Mr. Johnson did not agree with this thinking, since on the advice
of the Attorney and the Engineer the Town was within their legal
right to sell water to Fairchild or any other corporation. They
had proposed this local law because the rate that the commercial
parcel was presently paying was unrealistic. He was not in favor
of a work shop session and asked the Board if they wished to act
on the local law that was now placed before them for action.
MR. JOHNSON moved to adopt the following Local Law##1 of 1980:
BE IT ENACTED by the Town Board of the Town of Wappinger:
Section 1. Section 1, Paragraph B of Local Law ##5 of 1875
is hereby amended.
Section 2. The following commercial water rates are hereby
established for the Central Wappinger Water Improvement Area;
50/100 cubic feet
45/100 cubic feet
40t/100 cubic feet
0-750,000 gallons
750,000-1,500,000 gallons
1,500,000 & up, gallons
L
159
Section 3. This Local Law shall take effect upon adoption
and as provided by the Municipal Home Rule Law.
Seconded by: Councilwoman Mills
Roll Call Vote:
Councilman Johnson Aye
Councilwoman Mills Aye
Councilwoman Reilly Aye
Councilman Versace Abstain
Supervisor Diehl Absent
Before the vote was taken, more discussion ensued on allegations
made by Mr. Lafko. Mr. Fanuele, being recognized by the Chair,
thought that Mr. Versace's questions should be answered; the Board
should not be acting on this law until all this was cleared up.
The vote was then taken -- however, Mr. Incoronato, being recog-
nized by the Chair wished to discuss this further as he felt that
Mr. Fulton had raised some serious questions. How could the Town
pump more than the legal limit prescribed by the DEC?
Mr. Johnson explained that the Town was not bound by any previous
contracts between Cogar Corporation and Hilltop Water Company; the
water resources are there, we have no water problems --logs have been
kept of the consumption, amount of water pumped and taking all this
into consideration, we are well within our bounds. He brought up the
fact that all these allegations were the same as ones brought up by
Mr. Lafko after the public hearing on this Local Law which no one
attended. He referred this matter to the Water and Sewer Committee
to investigate and report back to the Board.
Mrs. Reilly pointed out that the Conservation Advisory Council had
done a report on water resources within the Town of Wappinger and
she suggested that Mr. Fulton read it since it was very informative
and indicated that water was plentiful in this area.
A Public Hearing having been held by the Town Board of the Town of
Wappinger on January 9, 1980, on an Ordinance to Amend the Cable
Television Franchise Agreement with U. S. Cablevision Corporation,
the matter was now placed before them for their consideration.
Mr. Cortellino, Chairman of the Town Cable Committee, being recog-
nized by the Chair had a few comments to make. He had requested
Mr. Erichsen, General Manager of U. S. Cablevision Corp. to take
a survey to determine the preference of the public on up front
channels. The survey has not as yet been started.
i00
Another complaint he had was the Community Access Channel --the
sound and the picture on this channel was in his opinion "lousy",
and is this truly a community access channel. He would like to
know who was running this channel --it is not U. S. Cablevision
and it was not Wappinger Central School; he did not seem to be
able to find out who was controlling it.
The following Amendment to the Cable Television Franchise Agreement
with the U. S. Cablevision Corp., was offered by COUNCILWOMAN
REILLY, who moved its adoption, seconded by CCUNCILWOMAN MILLS,
to wit:
(Attached hereto and made a part thereof of the Minutes of this
Meeting).
The foregoing resolution was duly put to a vote, which resulted
as follows:
Supervisor Diehl Voting Absent
CDuncilman Johnson Voting Aye
Councilwoman Mills Voting Aye
Councilwoman Reilly Voting Aye
Councilman Versace Voting Aye
Resolution Duly Adopted
Under Unfinished Business, the following report was received
from Mr. Lapar:
December 14, 1979
Mrs. Elaine H. Snowden
Town Clerk, Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, N.Y. 12590
Re: Adams & Puretz Subdivision
Dear Mrs. Snowden:
As per the request of the Town Board, in your letter of December
12, 1979, please be informed that the above captioned subdivision
is in the Wappingers Sewer Improvement ##1.
I see no problem in their attaching to the Oakwood Knolls Sewage
Treatment Plant since the work on sealing the sanitary sewers by
Penetryn System, Inc. has started. This was a pre -requisite of
the Dutchess County Health Dept. before any new attachment could
be made.
The attachment of the system to the Oakwood Knolls Water District
as a tenant is more complicated. Analysis of the hydraulic capa-
city of the system to handle the added load is required, If this
meets with the approval of the Dutchess County Health Dept. and
this office, then I believe, if the Town Board so desires, it
can allow this subdivision to become a tenant to the Oakwood Knolls
Water District. The Analysis by the Developers Engineer should be
undertaken only if it is the Boards' intention to allow said tie-
in if the hydraulic capacity is available. Very truly yours,
s/ Rudolph E. Lapar P.E.
U. S. CABLEVISION CORP.
TOWN OF WAPPINGER
DUTCHESS COUNTY SYSTEM
SCHEDULE OF• INSTALLATION, ACTIVATION
CHARGES AND MONTHLY RATES FOR SERVICES
1. RESIDENTIAL INSTALLATION
Basic Subscriber Service including Expanded Mid Band channels.
Cable TV and FM Residential Installation Charges
INSTALLATION CHARGES TV AND/OR FM
Normal installation chakge (1st outlet) $25.00
Additional Outlet Installation, Each 15.00
Reconnect Charge (Facilities in Place) 15.00
Move of Outlet Charge (Same Premises) 15.00
Notes: A. Normal installation limited to one span of
drop wire from existing distribution
facilities (at least 150' from tap to ground
block) .
B. Installation charges for drops in excess of.
one span shall be the actual cost to the
company of providing such drops.
COMMERCIAL INSTALLATION
TV repair shops, TV sales outlets, Taverns, and any shops
or establishments in which the public is admitted and
would view the TV set or device connected to the cable
system.
Basic Subscriber Service including Expanded Mid Band channels.
Normal Installation Charge (1st Outlet) $25.00
Additional Outlet Installations, Each 15.00
Interface Connection for Connecting Customer -Owned
Distribution Systems and Projection
Television Systems 5.0.00
Reconnect Charge, Facilities in Place: ,.
Normal connection .15.Q0
Interface Connection 25.00
(Customer owned distribution system must meet all state and Federal
technical standards)
160 a -
,_..,dates: A. Normal Installation and Interface connections limited to
150' of cable from existing distribution facilities.
B. Installation charges for connections in excess of 150'
shall be the actual cost to the company of providing such
connections.
>() MULTIPLE DWELLING UNIT INSTALLATION (motels, hotels, hospitals,
nursing homes, boarding houses, etc.)
Basic subscriber service including expanded mid band channels
Interface connection for connecting to existing subscriber
owned distribution system • $50.00
(Subscriber owned distribution system must meet all state and
Federal technical standards)
Reconnect charge (Facilities in place) 25.00
Notes" A. Normal interface connection limited to
150' of cable from existing distribution facility
B. Installation charges for connections in excess
of 150' shall be the actual cost to the company of
providing such connections.
4. RETURN CHANNEL TERMINAL INSTALLATION (Voice, video or data
transmission)
Installation subject to availability. Prices to be negotiated
upon application to the company.
5. SUPPLEMENTAL SERVICE ACTIVATION
A. Premium programming services consisting of
movies, and special events, (available to
residential subscribers only.)
Activation Charge
Deactivation Charge
B. Premium programming service consisting of
live sporting events. (Available to all
cable subscribers)
Activation Charge
Deactivation Charge
6. BASIC RESIDENTIAL SERVICE, MONTHLY RATES
Includes expanded channels in the mid band region
Monthly service rate (single family dwelling unit)
1st Outlet
2nd Outlet
3rd Outlet
Each Additional Outlet
$7.95
1.50
1.00
.50
15.00
NO CHARGE
15.00
NO CHARGE
•
Permitted use of above outlets includes cable service for:
TV sets', Video recorders, frequency converters,
FM receivers, and projection television systems.
SENIOR CITIZEN RATES
•
Senior Citizens who meet the criteria set by the municipality
X60 -c
for 50% Tax Abatement shall be allowed a 30% reduction on the
above residential monthly rates. Rent payers who meet the same age
and family income requirements will be allowed the same discount
upon application to the Company.
ANNUAL DISCOUNT
All monthly basic individual residential service rates paid
annually in advance shall receive a 6% discount.
MULTIPLE OCCUPANCY RATES (Apartment Houses)
Discounts from the standard individual residential rates shall
be applied when one billing to a single account covers service
to all individual residential dwelling units within a multiple
complex without regard for occupancy or vacancies.
The discount structure shall be as follows:
25 to 50 units
51 to 100 units
101 to 150 units
151 to 200 units
201 units and over
7. BASIC COMMERCIAL SERVICE --
Includes expanded channels in the mid band region
- 25% discount
- 30% discount
- 35% discount
- 40% discount
- 50% discount
(TV repair shops, TV sales outlets & Department stores)
Internal distribution system must meet all Federal & State
technical requirements.
•180D
Monthly Service Rates
Service connection to subscriber
owned distribution facilities
$10.00
Permitted use of above outlets -includes cable service for
TV sets, Video recorders, frequency converters, FM receivers,
and projection television systems. The cable company reserves
the right to charge a lower rate in commercial establishments
t •
in exchange for permitting advertising of the cable service.
8. BASIC MULTIPLE TRANSIENT DWELLING UNIT
Service includes basic subscriber service and expanded mid band
channels
(Motels, Hotel$, Hospitals, Nursing Homes, Boarding Houses, etc.)
Monthly Service Charges
Each Outlet 2.00
Minimum Monthly Charge 10.00
Permitted use of above outlets includes cable service for TV sets,
Video Recorders, Frequency Converters, FM Receivers, and
Projection Television Sets.
9. RETURN CHANNEL SERVICE
(Voice, Video and Data Transmission)
A. NARROW BAND DATA
•
(Fire/Burgler Alarms, Computer Inter Connect, Load and
Energy Management)
B Communication Voice Grade
(300 to 3000 CPS Band Width for use in radio paging, and
remote control of devices)
C. VIDEO
(20 CPS to 5-5 MHZ Band Width for use in TV surveilance and
other video transmissions)
The cable company is presently providing the above services
on an experimental basis and exact charges .have not yet
been ascertained. When cost figures are obtained rates will be
.determined and filed with the municipality and the New York State
Commission on Cable Television. -
10. SUPPLEMENTAL SERVICES
A. Premium programming consisting of movies and special events
Available for residential use only.
Monthly Rate $ 9.00
B. Premium programming consisting of live sporting events.
Season Ticket Charge (one year)
(Includes use of descrambling device)
Residential
Commercial
•
$54.00.
-$108.00
Commercial use is defined as usage in any situation other
•
than single family dwelling units.
11. CONVERTER RENTAL
(Where required)
(Available to Cable Subscribers only)
Nothing in this section shall be construed as prohibiting the
subscriber from obtaining a suitable converter from any source.
The purpose of this section is to provide for the availability
of suitable converters from the cable tv company in the event
the subscriber desires to obtain same from the cable company.
A. Block.Type Converter, Monthly $1:•00
B. Set Top Converter Monthly 2.25
C. Remote Control Converter Monthly 3.50
There will be no installation charge for converters installed
in conjunction with and at the same time that the regular basic
and expanded cable service is installed. In the event converter
desired at a later date an installation charge of $15.00 will
apply.
A security deposit for the converter may be required by the
cable company, this deposit may be waived by the cable company
for existing cable accounts who have established a good record
of payments.
12. OTHER CHARGES
A. Damage to cable company's facilities on or in subsc'riber's
property, caused by an act of the subscriber or the subscriber's
agent, shall be billed to the subscriber. The charge for
repairing the damaged facilities shall be the actual cost to
the company of repairing said facilities.
B. Collection Charge
Pickup payment at subscriber's home $5.00
C. Late Charge
Charge may be added to a cable subscriber's account or bill
for non-payment of a past due account. This charge shall not ex-
ceed 500 -for each 30 day period or portion thereof that the
account is in arrears.
D. Dishonored Subscriber Payments
Subscriber may be charged a $5.00 processing charge in the
event 'subscriber's check or draft is not honored by -the bank
or financial institution on which it is drawn.
E. Seasonal and/or Temporary Service
(6 months or less)
16.0G
In the event a potential subscriber requests a cable
hookup to a seasonal or moveable dwelling unit (campers,
mobile homes, "RVs" boats, summer cabins, etc.)`the cable
company may require the subscriber td contract for the
period the subscriber anticipates occupying the dwelling
unit and pay this contract amount in advance. The contract
1
amount shall equal the normal monthly rate times the number
of months of cable usage anticipated.
The inclusion of Return Channel Service and Supplemental Service
rates into the franchise -rate structure is expressly for the purpose
of complying with Section 595.1(e) of the rules of the New York State
Commission on Cable Television and not for the purpose of circumventing
Federal Communications Commission's pre-emption of local rate control
over auxiliary or ancillary services on cable television systems.
Nothing contained herein shall be construed to prevent the offering
on a non-discriminatory basisof sales promotions or other discounts not
specified in .the franchise (Section 595.1(6)3 of the rules of the New York
State Commission on Cable Television).
The use of video recorders by subscribers of the cable system is
subject to applicable Federal and International copyright laws. Nothing
contained herein shall be construed as authorizing the recording .or copying
of any material carried on the franchisee's cable system.
All charges subject to applicable New York State and local sales tax.
,, The provisions of this section of the franchise or franchise ordinance
ILI 11 supersede any provisions of the text of the franchise or ordinance to
the extent that they conflict with the same,
Current annual performance test*results required by
Federal Communications Commission rule 576.601 and New York
State Cable Commission rule S 596.5 indicate that the
Wappinger system meets or exceeds present applicable
technical requirements.
Test data and documentation on file at the Company
office, 360 Fishkill, Ave., Beacon, N.Y. 12508.1
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COUNCILWOMAN MILLS moved that Adams & Puretz Subdivision be
given approval to hook into the Wappinger Sewer Improvement
Area ##1, as recommended by the Engineer to the Town.
Seconded by Mrs. Reilly
Motion Unanimously Carried
As stated in Mr. Lapar's report, hooking in to the Water District
as a tenant was more complicated and this was referred to the
Water and Sewer Committee for review and recommendation.
At the request of the Town Board, a letter was received from the
Town Justices submitting the approximate hours and days that was
needed for a part-time person to work at the Court.
This matter was referred to the Personnel Committee for discussion
with the Town Justices.
A Map, Plan and Report was received from Rudolph E. Lapar on a
proposed Storm Sewer Project for Bel -Aire Lane.
MRS. MILLS moved to set a public hearing on this proposal for a
Storm Sewer Project for Bel -Aire Lane on February 13, 1980 at
7:30 P.M. Town Hall, at which time all interested persons would
be heard.
Seconded by Councilwoman Reilly
Motion Unanimously Carried
There was no other business to come before the Board.
MRS. REILLY moved to adjourn the meeting, seconded by Mrs. Mills
and unanimously carried.
The Meeting adjourned at 9:48 P.M.
Elaine H. Snowden
Town Clerk
Reg. Mtg. 1/14/80
id
RIO
J
U. S. CABLEVISION CORP.
TOWN OF WAPPINGER
DUTCHESS COUNTY SYSTEM
SCHEDULE OF INSTALLATION, ACTIVATION
CHARGES AND MONTHLY RATES FOR SERVICES
1. RESIDENTIAL INSTALLATION
•
Basic Subscriber Service including Expanded Mid Band channels.
Cable TV and FM Residential Installation Charges
INSTALLATION CHARGES TV AND/OR FM
Normal installation cha&ge (1st outlet)
Additional Outlet Installation, Each
Reconnect Charge (Facilities in Place)
Move of Outlet Charge (Same Premises)
Notes:
A.
$25.00
15.00
15.00
15.00
Normal installation limited to one span of
drop wire from existing distribution
facilities (at least 150' from tap to ground
block) .
B. Installation charges for drops in excess of
one span shall be the actual cost to the
company of providing such drops.
2. COMMERCIAL INSTALLATION
TV repair shops, TV sales outlets, Taverns, and any shops
or establishments in which the public is admitted and
would view the TV set or device connected to the cable
system.
Basic Subscriber Service including Expanded Mid Band
Normal Installation Charge (1st Outlet)
Additional Outlet Installations, Each
Interface Connection for Connecting Customer Owned
Distribution Systems and Projection
Television Systems
Reconnect Charge, Facilities in Place:
Normal connection
Interface Connection
channels.
$25.00
15.00
50.00
15.40
25.00
(Customer owned distribution system must meet all state and Federal
technical standards)
Notes: A. Normal Installation and Interface connections limited to
150' of cable from existing distribution facilities.
B. Installation charges for connections in excess of 150'
shall be the actual cost to the company of providing such
connections.
'3. •MULTIPLE DWELLING UNIT INSTALLATION (motels, hotels, hospitals,
nursing homes, boarding houses, etc.)
Basic subscriber service including expanded mid band channels
Interface connection for connecting to existing subscriber
owned distribution system - $50.00
(Subscriber owned distribution system must meet all state and
Federal technical standards)
Reconnect charge (Facilities in place) 25.00
Notes" A. Normal interface connection limited to
150' of cable from existing distribution facility
B. Installation charges for connections in
of 150' shall be the actual cost to the
providing such connections.
4. RETURN CHANNEL TERMINAL INSTALLATION
transmission)
Installation subject to availability.
upon application to the company.
(Voice, video
Prices to be
excess
company of
or data
negotiated
5. SUPPLEMENTAL SERVICE ACTIVATION
A. Premium programming services consisting of
movies, and special events, (available to
residential subscribers only.)
Activation Charge
Deactivation Charge
B. Premium programming service consisting of
live sporting events. (Available to all
cable subscribers)
Activation Charge
Deactivation Charge
6. BASIC RESIDENTIAL SERVICE, MONTHLY RATES
Includes expanded channels in the mid band region
Monthly service rate (single family dwelling unit)
1st Outlet
2nd Outlet
3rd Outlet
Each Additional Outlet
$7.95
1.50
1.00
.50
15.00
NO CHARGE
15.00
NO CHARGE
Permitted use of above outlets includes cable service for:
TV sets', Video recorders, frequency converters,
FM receivers, and projection television systems.
SENIOR CITIZEN RATES
Senior Citizens who meet the criteria set by the municipality
for 50% Tax Abatement shall be allowed a 30% reduction on the
above residential monthly rates. Rent payers who meet the same age
and family income requirements will be allowed the same discount
upon application to the Company.
ANNUAL DISCOUNT
All monthly basic individual residential service rates paid
annually in advance shall receive a 6% discount.
MULTIPLE OCCUPANCY RATES (Apartment Houses)
Discounts from the standard individual residential rates shall
be applied when one billing to a single account covers service
to all individual residential dwelling units within a multiple
complex without regard for occupancy or vacancies.
The discount structure shall be as follows:
25 to 50 units - 25% discount
51 to 100 units - 30% discount
101 to 150 units - 35% discount
151 to 200 units - 40% discount
201 units and over - 50% discount
7. BASIC COMMERCIAL SERVICE --
Includes expanded -channels in the mid band region
(TV repair shops, TV sales outlets & Department stores)
Internal distribution system must meet all Federal & State
technical requirements.
Monthly Service Rates
Service connection to subscriber
owned distribution facilities
$10.00
Permitted use of above outlets -includes cable service for
TV sets, Video recorders, frequency converters, FM receivers,
and projection television systems. The cable company reserves
the right to charge a lower rate in commercial establishments
in exchange for permitting advertising of the cable service.
8. BASIC MULTIPLE TRANSIENT DWELLING UNIT
Service includes basic subscriber service and expanded mid band
channels
(Motels, Hotels, Hospitals, Nursing Homes, Boarding Houses, etc.)
Monthly Service Charges
Each Outlet 2.00
Minimum Monthly Charge 10.00
Permitted use of above outlets includes cable service for TV sets,
Video Recorders, Frequency Converters, FM Receivers, and
Projection Television Sets.
9. RETURN CHANNEL SERVICE
(Voice, Video and Data Transmission)
A. NARROW BAND DATA
(Fire/Burgler Alarms, Computer Inter Connect, Load and
Energy Management)
B Commv ication Voice Grade
(300 to 3000 CPS Band Width for use in radio paging, and
remote control of devices)
C. VIDEO
(20 CPS to 5-5 MHZ Band Width for use in TV surveilance and
other video transmissions)
The cable company is presently providing the above services
on an experimental basis and exact charges have not yet
been ascertained. When cost figures are obtained rates will be
determined and filed with the municipality and the New York State
Commission on Cable Television.
10. SUPPLEMENTAL SERVICES
A. Premium programming consisting of movies and special events
Available for resi1ential use only.
Monthly Rate $ 9.00
B. Premium programming consisting of live sporting events.
Season Ticket Charge (one year)
(Includes use of descrambling device)
Residential $54.00.
Commercial -$108.00
Commercial use is defined as usage in any situation other
than single family dwelling units.
11. CONVERTER RENTAL
(Where required)
(Available to Cable Subscribers only)
Nothing in this section shall be construed as prohibiting the
subscriber from obtaining a suitable converte-- from any source.
The purpose of this section is to provide for the availability
of suitable converters from the cable tv company in the event
the subscriber desires to obtain same from the cable company.
A. Block Type Converter. Monthly $1.00
B. Set Top Converter Monthly 2.25
C. Remote Control Converter Monthly 3.50
There will be no installation charge for converters installed
• in'conjunction with and at the same time that the regular basic
an4 expanded cable service is installed. In the event converter
is desired at a later date an installation charge of $15.00 will
apply.
A security deposit for the converter may be required by the
cable company, this deposit may be waived by the cable company
for existing cable accounts who have established a good record
of payments. !.
12. OTHER CHARGES
A. Damage to cable company's facilities on or in subsc'riber's
property, caused by an act of the subscriber or the subscriber's
agent, shall be billed to the subscriber. The charge for
repairing the damaged facilities shall be the actual cost to
the company of repairing said facilities.
B. Collection Charge
Pick up payment at subscriber's home $5.00
C. Late Charge
Charge may be added to a cable subscriber's account or bill
for non-payment of a past due account. This charge shall not ex-
ceed 500 for each 30 day period or portion thereof that the
account is in arrears.
D. Dishonored Subscriber Payments
Subscriber may be charged a $5.00 processing charge in the
event subscriber'scheck or draft is not honored by the bank
or financial institution on which it is drawn.
E. Seasonal and/or Temporary Service
(6 months or less)
In the event a potential subscriber requests a cable
hookup to a seasonal or moveable dwelling unit (campers,
mobile homes, "RVs" boats, summer cabins, etc.) the cable
company may require the subscriber to contract for the
period the subscriber anticipates occupying the dwelling
unit and pay this contract amount in advance. The contract
amount shall equal the normal monthly rate times the number
of months of cable usage anticipated.
The inclusion of Return Channel Service and Supplemental Service
rates into the franchise rate structure is expressly for the purpose
of complying with Section 595.1(e) of the rules of the New York State
Commission on Cable Television and not for the purpose of circumventing
.e Federal Communications Commission's pre-emption of local rate control
er auxiliary or ancillary services on cable television systems.
Nothing contained herein shall be construed to prevent the offering
on a non-discriminatory basis of sales promotions or other discounts not
specified in .the franchise (Section 595.1(6)3 of the rules of the New York
State Commission on Cable Television).
The use of video recorders by subscribers of the cable system is
subject to applicable Federal and International copyright laws. Nothing
contained herein shall be construed as authorizing the recording or copying
of any material carried on the franchisee's cable system.
All charges subject to applicable New York State and local sales tax.
The provisions of this section of the franchise or franchise ordinance
lelfall supersede any provisions of the text of the franchise or ordinance to
e extent that they conflict with the same}