Loading...
2008-077K V, bad! T J 2008-77 Resolution Authorizing a Public Hearing in Connection with Initial Franchise Agreement for Cable Television Service with Verizon New York, Inc. At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on March l0", 2 00 8. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina (arrived at 9:14 PM) Maureen McCarthy Joseph P. Paoloni The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Town of Wappinger (the "Town") is a franchising authority in accordance with Title VI of the Communications Act of 1934 (the "Communications Act") and is authorized to grant one or more cable television franchises pursuant to Article 11 of the New York State Public Service Law, and Title 16, Chapter VIII, Parts 890.60 through 890.6 through 899, of the Official Compilation of Codes, Rules and Regulations of the State of New York (the "Cable Laws"); and WHEREAS, VERIZON NEW YORK INC. ("Verizon") is upgrading its existing telecommunications and information services network through the installation of what Verizon refers to as "Fiber to the Premises Telecommunication Network" (the "FTTP Network") within the Town and elsewhere, which existing network transmits Non -Cable Services (as defined in the Verizon Franchise Agreement) pursuant to the authority granted by Section 27 of the New York Transportation Corporations Law, and Title II of the Telecommunications Act, which Non -Cable Services are not subject to the Cable Law or to Title VI of the Communications Act; and WHEREAS, the FTTP Network occupies public rights-of-way (as defined in the Verizon Franchise Agreement) within the Town, and Verizon desires to use portions of the FTTP Network now or hereinafter installed within the Town to provide cable service (as defined in the Verizon Franchise Agreement); and WHEREAS, Verizon has previously submitted an application for cable television service to the Town; and WHEREAS, joint negotiations between the Town of Wappinger, the Town of Poughkeepsie and the Village of Wappingers Falls have resulted in a proposed agreement entitled "Cable Franchise Agreement between the Town of Wappinger, New York and Verizon New York, Inc" ("Verizon Franchise Agreement"), copies of which are available for review and inspection of the Town Clerk during normal business hours; and WHEREAS, Verizon has requested that the Town Board conduct an initial Public Hearing on the proposed grant of the Franchise to Verizon; and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby schedules a Public Hearing for the purpose of considering the granting of an initial franchise agreement for cable television service in the Town of Wappinger with Verizon New York, Inc. to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 24th day of March, 2008, at 7:00 PM, and that the Town Clerk be directed to post and publish Notice of the Public Hearing in the form annexed hereto. Said publications are to be made in the Southern Dutchess News and the Poughkeepsie Journal at least ten (10) days prior to the scheduled Public Hearing. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 3/10/2008 The Resolution is hereby duly declared adopted. Q�' C. M� � , -V AN C. MA TERSON, TOWN CLERK