Loading...
1977-03-10 PH127/' A Public Hearing was held by the Town Board of the Town of Wappinger on March 10, 1977 at 7:00 P.M. at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger (Special Use Permit). Supervisor Diehl opened the hearing at 7:01 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Absent: Leif Jensen, Councilman Nicholas Johnson, Councilman Others Present: Allan Rappleyea, Attorney to the Town The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized by Albert Osten of the W&SD News. All surrounding municipalities had been notified, all newspapers and radio stations had been notified. Mr. Clausen said as he understood it, the proposed change in the Ordinance would bring the present Ordinance more in line with Section . 281. Mr. Fanuele--on one of the sections on the appeal of a decision by the Zoning Board, if we change the word Planning Board to Zoning Board of Appeals, then the Zoning Board of Appeals issues special use permits and they appeal back to themselves - Section 436 needs clarification. Mr. Rappleyea explained that actually the ultimate decision rested with the Zoning Administrator. No one else spoke. The hearing closed at 7:08 P.M. at,us _SA Elaine H. Snowden, Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK • IN THE MATTER 127 AFFIDAVIT OF OF POSTING AN ORDINANCE AMENDING THE ZONING. O RDINANCE C ' THE TOWN OF WA PPIN_ GER_ (SPECIAL USE PERMITS). STATE OF NEW YORK ) )ssi COUNTY OF DUTCHESS ) ELAINE. H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on Feb. 22, 1977, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Zeap�tkellOCO(.t Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this /D 7:4( day oaf, )6/44-4-4-Z 1977. Notry a Public Awry Ft r c: !;.:r i;rn Stair Cot:iri Gomm4 n ew.ros Fwin;h 30, 197 W. and S. D. NEWS DISPLAY ADVERTISING 914-297-3723 84 EAST MAIN STREET - WAPPINGERS FALLS ti~ CLASSIFIED ADVERTISING rPIEA;kw tsc- s s**att-- - --- • WI Hai NNA'- StreetW WppiM atl 7:a Yo0 P.MOrn TA_$t to i _M a : aslrof NM ^� persons=-toncerfinq:•an -Ord ncer Amend ttie:2oni •cddM.nCt"Of. Taw •Board et, T ,y om i al F, . Pre r u.,, yr (ra ed t oormdsi moved its tion: An erdi amending'��jj 3a►thq. ordinance a 'Term .I;; YYip�lilga a optepd..Jo 29�MT `-4. lei'--:�^ ;* Tow* �, ey u ful aoald •�, 0) as 4111i.02-oo1 tl :ion • are repealed. - FE off TWO; nn INimuilf rl1R•PAW ;mod ffl' ptOWsione of to mthe agiPuTriibili FaN I devetopm t m ppropriatt P era street: andtit a Of open7. IL That aooticatiatiter Of It maytiitreferred lathe .. thedfecretion'of the PI In the said Ptarioterg Board's the use of this McTown* Wappinger.. l shaltthe location and i fpraperiy'#2-., n number and Jotter ,434.03#4, amended B and ofAar to OF pi 1te PI Board. 'the same, any lippliu permits which My Zoning Adml$fstratar date of , i pracesud TA ^r effect Gn. ° nwe>�',+aly Ion,- "Town and ,sacaarnd CauncIm,usen . 1l_c-F..Town Clark . wnaf wapOt AFFIDAVIT OP PUBLICATION State of New York. County of Dutchess. Town of Wsppinger. • Gisela Schmitz a• 127 of the Town of Wappinger. Dutcheu County. New Yak. being duly sworn. says that he U. knd !t the several times hereinafter was. the...$QP. PAIleF of W. & S.D. NEWS. a newspaper printed and published every Thursday In the year in the Town of Wappinger. -Dutcheu County. New Yak. and that the annexed NOTICE was duly published in the said newspaper for ....Ale .week succeuively...4Ft&c..in each week. commencing on the.. A ..day of.... 'ebr rx.. 1977. and on the following dates thereafter. namely on and ending on the 23rd day of Februar... 1977. both days inclusive. Subscribed andsworn to before me this 41UL....day 01. • •CbX140TY Notary Public My commission expires - ALBERT M. OSTEN NOTARY PUBLIC, STATE 1F NW YORK QUALIFIED IN CU HRH COUNTY 014-E240760 � .:iH^.LlISSIoN EXPIRES MARCH 30,19.4v A Public Hearing was held by the Town Board of the Town of Wappinger on Thursday, March 10, 1977, at 7:30 P.M. at Town Hall, Mill Street, Wappingers Falls, New York on the Petition of U.S. Cablevision Corporation for an Amendment to a Franchise to Increase Rates of CATV system servicing the Town of Wappinger. Supervisor Diehl opened the hearing at 7:30 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized by Albert M. Osten of the W&SD News. All newspapers and radio stations had been notified of the Public Hearing and notice was posted on the bulletin board maintained by the Town Clerk in her office. Supervisor Diehl asked if there was anyone present who wished to speak. • Gerard Pisanelli representing Harold Mangold, Attorney for U.. Cablevision presented a report on financial data to justify the increase they requested from $6.00 to $7.00 per month. The manager, Mr. Howard Erichsen and comptroller were also present to answer questions. They have provided service to the Town since 1967, the original charge was $4.85 per month, this amount stayed in effect until the end of 1974 when the rate was increased to $6.00. The increase they were requesting would become effective May 1, 1977, and although this amount was not all that satisfactory, but fair and reasonable under the circumstances, as they are well aware of the high cost of everything for the individual subscriber. Document was presented to the Board giving a brief description of the system and showed the efforts the system has made with the Wappinger Central School District to provide services to the community. Charles Cortellino, 11 Russ Place asked about their return on assessment and equity for 1967 and intervening years up to 1974. He had heard a reference to the WCS program - he has never seen the program, was this done recently. There is no local program. He then asked the reason for the low return since they were picking up customers. Mr. Erichsen stated they had lost 171 customers. When asked why, he said the unemployment rate in the area was one reason - people were reverting back to antennas. Another reason was vacant homes. Mr. Cortellino discussed the Home Box Office and Charter Cable - they were combining these two in their finances, which shouldn't be done. He complained about the reception and static - it was terrible, he was not concerned about the airport being there or high tension lines, "that's the reason I'm on cable" - does not have quality reception. Another problem is service, if something happens to the set on the weekend -- nothing gets fixed until Monday. If this happens with Central Hudson or the telephone company, they don't say, are your neighbors without a phone - I don't wish to go to a neighbor, he's watching Channel 7, I might want to watch Channel 4. He asked about microwave relay, test patterns, UHF, FM. Mr. Cortellino then demonstrated a $600 tuner to prove a point in reception. He brought up a case he heard about with the N.Y. Telephone Company or the telephone company in general appealing a court decision that the customer pays for service to the house, if you hook up your own phone, there is no additional charge. The cablevision company charges for each additional set put on the system. When asked by Mr. Diehl why Wildwood Manor Apartments gave up the service, Mr. Erichsen said they did this as an economy measure, he didn't think their rates had increased. 0" Joseph Landolfi, Wildwood Drive --at the time of the franchise, it was awarded because the company was a local organization, now we pay our bill to Rhode Island. Is it still local? He questioned the rate on HBO installed at the local fire house, $30.00 per month which is the commercial rate. Rudolph Lapar--is there on file some sort of paper which lists what these people will not provide? They will not provide FM, or weekend service. Is this utility supposed to be run for the convenience of the people of the Town of Wappinger or for the convenience of the people running the organization? Mr. Erichsen replied that con- venience has a price tag. Mr. Lapar suggested changing their hours -- on weekends and off during the week; if you have more than one employee, no overtime should be involved. Mr. Rappleyea asked for a breakdown on figures of depreciation and amortization. Mr. Gus Tullo asked for the number of customers on plain cable and the number on Home Box. Tom Byrne, Quarry Drive --Poughkeepsie Cable charges $5.75 a month, don't they provide the same service. Gus Tullo--"I find it hard to accept when I complain about a color reception and the serviceman shows up with a black and white set. They cannot communicate that way. We must insist on better service". He has kept his antenna on the house and many nights he switches over to that rather than cable and gets a much better picture. It's been that way for months. Response to complaints is terrible, he even sent in a partial payment hoping for some communication, they just added it on to the next bill. Buzzing on HBO terrible for 8 months. WCS program - it's hard to believe it's 256 hours a year, that's more than 5 hours a week, what he did see he wouldn't watch for more than 5 minutes; the lighting is poor, is it the school equipment or theirs. When asked if it was still the original company, Mr. Erichsen replied it was Highway Display and it changed ownership in 1970. kW 1 Mr. Diehl then asked for a rate increase, if that was the reason they were now asking to help defray cost of purchase. Jim Sheedy, small business man in the town, wished he could run his business inefficiently and when it starts to falter,go out and ask for price increases to cover his inefficiency. "Look within your own house before you start asking for rate increase. In a tight ship everyone knows what they are doing. If your operation isn't running efficiently you won't get a reasonable return, even if yoli'get a price increase. I've seen three of your men working on one line - incredible - I've seen 1 telephone man working on a line z mile long' Mr. Jensen --the same questions came up several years ago when Mr. Calhoun came in for a rate increase. Nothing has happened. The spokesmen here tonight represent some 2,000 people, otherwise the hall would be jammed. We had asked about the southwestern portion of the Town. At that time Mr. Calhoun said it wouldn't be long before they would have cable. It hasn't happened yet. It seems you've gone backwards rather than ahead. He's heard the same complaints verbatim from others. He would hope and trust they could come up with a better service to the Town. They have a sizable franchise in the Town of Wappinger, 61 miles, and feels we are entitled to better service. Mr. Versace had two questions --1. the agreement with Highway Displays June 1967 is renewable this year. In Article 14 of this agreement, it provides for 12 channels and channel 12 was reserved for Town and school for local programs. Within the last six or seven months channel 12 has become channel 5 and vice versa. If you are using channel 6 for local, then you are only providing 11 channels, you're using one channel twice. The second comment is the method of billing. Evidently, you are billing residents in the Town of Wappinger two months in advance for service that is evidently not good judging from the comments heard tonight. There is no provision for reduction in payment if they are without service. Central Hudson and the L L 132' telephone company, you use the service, then you pay the bill, is there any reason why they don't do that. Vic Fanuele--there's a lot of interference, although it's the best reception he's had in a good while. Channel 11 barely comes in with color, black and white is beautiful. They keep telling me the trouble is on the pole, but I never see anyone on the pole. If you know there's trouble there, why don't you fix it, why wait for a complaint. This has been going on for 6 years. Mr. Pisanelli told the Town Board they have three alternatives - either approve or deny the rate increase, if you deny, it would be their position based on information they have provided, to commence a lawsuit which they have done in the Town of Poughkeepsie where they arbitrarily refused a rate increase. The third choice --the New York State Commission is given the responsibility of looking at cable TV and deciding whether or not the services are comparable in the area - the Town can join with them asking the State Commission to fix a rate in this area comparable to other areas of this size. He presented a draft resolution if they wished to consider it. Mr. Diehl asked for answers to some of the questions presented tonight, their intent to improve or correct any problems heard tonight, based on this the Board will make a decision and will take steps necessary at that time. Mr. Cortellino asked for the public hearing to be continued at a later date. A log was supposed to be kept of every complaint, action taken and time period that had elapsed. There were more questions to be asked. Mr. Fanuele said this log couldn't be accurate or up to date as they do not ask his name and address when he calls. Mr. Jensen said the Town Board was aware of the options they had, but if commission decides, were they saying they would be satisfied with an increase less than $7 and continue operating the system. Mr. Clausen asked Mr. Pisanelli's interpretation of the franchise with the Town of Wappinger--exclusive company in the Town of Wappinger? Are you so confident that your contract with the Town will be renewed? Tell us what the cost is for good service. All you have told us tonight is that you want an increase for poor quality reception and subsequent service. If you have to increase your signal, fine, do that, do what you have to do, even if it costs $10 a month, you would get better reception from your customers. Improve first, then increase. When you receive service call in Beacon office, is there any method of calling people back after repairman has been there to see if it was satisfactory. What are your intentions for southeast and southwest portions of the Town. When asked about "poor signal", Mr. Erichsen explained that the signal was received at the head -in site on Cider Mill Loop which is 70 miles from the origin of the signal at Empire State Building. Many things affect it when it leaves that point. Once it fades, there's nothing you can do to recover it. Bad amplifiers on the pole cause a lot of trouble of snow on higher channels. Their system in the town meets all technical standards required by Federal and State. Any furtherimprovement requires drastic expen- sive measures such as microwave signals to improve quality. Mr. Versace going back to 12 channels - channel 12 was originally set aside for Town and school type of programs, channel 5 is spec- ifically used for home box, you reversed this when you found home box could be seen free with a contraption on channel 12. Mr. Erichsen explained that the channel they originally put home box on could cause interference with aircraft navigational equipment, so it had to be changed at the request of FCC and FCA; they had a choice of either dropping home box or place it on a normal channel which would have no security so a trapping device would have to be used and the only channels this could be used on was 2, 5 and 7. Since 5 was a non -network station, it was moved to that channel. Mr. Versace reiterated that this answered his question but thought the Town Board should have been made aware of it, since this was a change in their agreement. 1 3 4 More discussion ensued along the same lines and from the same speakers that had spoken previously. No one, it seemed, had good reception or good service and more questions were directed to the officials from U.S. Cablevision, but it was repetitious, and they were told a report would be forthcoming to the Town Board for their perusal and eventual decision on the petition that was presented. Mr. Jensen moved to close the Public Hearing, seconded by Mr. Diehl and unanimously carried. The Hearing closed at 9:38 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF PETITION OF U.S. CABLEVISION CORP. FOR AN AMENDMENT TO A FRANCHISE TO INCREASE RATES OF CATV SYSTEM - SERVICING TOWN OF WAPPINGER. STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: POS TING ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on Feb. 22, 1977, your deponent posted a copy of the attached notice of Public Hearing on a Petition of U.S. Cablevision Corporation for an Amendment to a Franchise to Increase Rates of CATV system servicing the Town of Wappinger, on the signboard maintained by your deponent in heroffice in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Elaine K. Snowden Town Clerk Town of Wappinger Sworn to before me this day of (),1.44/1. r 'Notary Public 1977. ai :.,:es .30, 131 411 W. and S. D. NEWS DISPLAY ADVERTISING • 13'7 . • CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET - WAPPINGERS FALLS EASE TAKE NOTICE Mat" the n Board of m.e. Town of WaPolak Nearingup�pin�glh�� oconduct U S. Cablevisbn-TArporafbn an Amendment • to a Franchise to , ease Rates of CATV system ser• ng the Town of Wappinger, and that Amwidmwd and approval thereof would be subset to the approval of the - New York Stat* Commission on Cable Television and other governmental ' indher#la es.auA+orized. to be held on-- - Y. March 10, ftin, N 7: F.M. UT,gat 1111 Tann- MUT $trsst. New Y*Much timealtintareptedet snewden. e_ awfiofwappi4 -Dated: Feb. '111.; 1t►1T • �. Wappingers Faps.,tw`wYork ..y: AFFIDAVIT OP PUBLICATION State of New York. County of Dutchess. Town of Wappinger. Gisela Schmitz of the Town of Wappinger. Dutcbeu County. New Yak. being duly sworn. says thatoe het.II. and it the several times bereiaafter was. the eeper of W. & S.D. NEWS. a aewspaper printed and published every Tbutsday in the year in the Town of Wappinger. -Dutcbeu County. New Yak. and that the annexed NOTICE was duly published in the said newspaper for .. Rink ...week successivelyJ... At34 P . in each week. commencing on the. ..2r 4;.. day of POTMEI "9. . 1972 and on the following dates thereafter, namely on and ending on the 3r$ day of February 19..Vboth days inclusive.. d.q... c' •A' (441 Subscribed and swan to before me this 23rd day of February t9. Notary Public My commission expires ALERT M. CSTEN R3TA ZY FU^UC, STATE OF 1.E\'1 YORK QuAF lfl 3N CJTC+1L"S CCUt1TY 0.14-52050 (� rOMMISS:G% EXPIRES ':.r?Cit .1Q, 162D