ar er COMMUN CAT ONS
November 29, 217
Hon. Kathleen H. Burgess, Secretary NYS Public Service Commission Three Empire State Plaza Albany, NY 12223-1350
RE: Franchise Renewal - Time Warner Cable Northeast LLC Locally known as Charter Communications With the Town of Mount Hope
Dear Secretary Burgess:
We are herewith filing, via email, the following:
1 . R-2 Application for Franchise Renewal, channel Iineup and rates 2. MunicipalResolutiongrantingrenewaldatedAugust22,2017 3. Fully executed copy of Franchrse Renewal Agreement dated September 29, 2017 4. Copy of Iatest annual test data compiled for this part of the Division's CATV System at PSC 5. Published Iegal notices
We hereby request approval by the Commission of this application pursuant to Section 222 of the Public Service Law.
Sincerely,
Kevin Egan Director, Government Affairs Charter Communications Enclosures cc: The Honorable Chad Volpe, Town Supervisor (w/copy of Encs.)
20 Century Hill Drive Latham, NY 12110 STATE OF NEW YORK PUBLIC SERVICE COMMISSION
In the matter of application of Time Warner Cable Northeast LLC, locany known as Charter Communications, for renewal of its Certificate of Confirmation and Cable Television Franchise in the Town of Mount Hope, Orange County, New York.
The exact legal name of the applicant is Time Warner Cable Northeast LLC.
The applicant does business under the name Charter Communications.
Applicant's telephone number is: (518) 640-8575
4. & 5. The applicant serves the following municipalities from the same headend or from a different headend in the same or adjacent counties, the number of subscribers in each of the communities as of October 2017 are:
Town of Blooming Grove-1044 Village of Bloomingburg - 155 Village of Chester - 170 Town of Cornwall - 1405 Village of Cornwall-on-Hudson - 402 Town of Crawford - 11 74 Village of Ellenville - 1070 Town of Gardiner - 1367 Town of Goshen - 1527 Village of Goshen - 1535 Town of Hamptonburgh - 1130 Village of Highland Falls - 1141 Town of Highlands - 514 Town of Marlborough - 2201 Village of Maybrook - 839 City of Middletown - 6189 Town of Montgomery-1905 Village of Montgomery - 1077 Town of Mount Hope - 867 Town of New Windsor - 6868 City of Newburgh - 3441 Town of Newburgh - 3126 Village of Otisville - 299 Town of Rochester - 1859 Town of Shawangunk - 1755 Village of Walden - 1682 Town of Wallkill - 7458 Village of Washingtonville - 1632 Town of Wawarsing - 1625 Town of Wawayanda - 1908 Village of Wurtsboro - 495
The following signals are regularly carried by the Middletown cable system: (see attached channel card).
The Applicant does provide channel capacity and video production facilities for local origination. During the past twelve (12) months, the Applicant has provided approximately 1,200 hours of locally onginated prograrmmng of all types including PEG access.
The current monthly rates for service in the Town of Mount Hope are: (see attached).
During the past twelve (12) months, the applicant has placed the following miles of new cable television plant in operation in the following mumcipalities.
Town of Blooming Grove - 0.96 miles Village of Bloomingburg - 0.00 miles Village of Chester - 0.00 miles Town of Cornwall - 0.00 miles Village of Cornwall-on-Hudson Town of Crawford - 0.30 miles Village of Ellenville - 0.00 miles Town of Gardiner - 0.26 miles Town of Goshen - 0.26 miles Village of Goshen - 0.00 miles Town of Hamptonburgh - 0.07 miles Village of Highland Falls - 0.00 miles Town of Highlands - 0.11 miles Town of Marlborough - 0.64 miles Village of Maybrook - 0.00 miles City of Middletown-1.00 miles Town of Montgomery - 0.18 miles Village of Montgomery - 0.00 miles Town of Mount Hope - 0.32 miles Town of New Windsor-1.32 miles City of Newburgh - 0.00 miles Town of Newburgh - 0.96 miles Village of Otisville - 0.00 miles Town of Rochester - 7.4 miles Town of Shawangunk-1.05 miles Village of Walden - 0.00 miles Town of Wallkill - 2.83 miles Village of Washingtonville - 0.00 miles Town of Wawarsing - 0.51 miles Town of Wawayanda - 0.52 miles Village of Wurtsboro - 0.00 miles
10. ThecompanyhaspreviouslysubmittedtotheNewYorkStatePublicServiceCornrnission its technical plan to rebuild the system to 750 MHZ which was completed by end of 2000.
11. (A) The Applicant has previously filed with the New York State Public Service Commission its current Statement of Assessment pursuant to Section 817 of the Executive Law.
(B) The Applicant previously filed with the New York State Public Service Corrumssion its current Annual Financial Report.
12. State and describe below any significant achievements and/or improvements that took place with respect to system operation during the past twelve (12) months.
13. No event or change has occurred during the past twelve (12) months which has had, or could have, a significant impact upon Applicant s ability to provide cable television SerVlCeS.
WHEREFORE, the Applicant, Charter Comrnunications, requests that the New York State Public Service Cornrrussion grant this application and approve renewal of the Town of Mount Hope Certificate of Confirmation and Franchise Renewal Agreement.
Dated: November 29, 2017
By: Kevin Egan
Director of Govermnent Affairs Charter Communications 11/29/2017 Charter Spectrum
9 Channel Lineup for: 1706 State Route 211, 10963 Spectrum Ch, Network Ch. Network Ch. Network
WABC-ABC 226 C-SPAN2 265 Disney XD
WCBS-CBS 227 C-SPAN3 161 DIY Network
4 WNBC-NBC 1612 CI R (Russia) 1620 DOM KINO 13 WNET-PBS 850 CanalSur 1457 DWLS Filipino Audio WNYW - FOX 856 Caracol 1456 DZBB Filipino Audio
537 5 StarMAX - E 45 Cartoon Network 44 El
29 A&E 921 Cartoon Network (SAP) 865 Ecuavisa Internacional
1551 ABPNews 315 CBSSportsNetwork 936 EI Garage TV 533 ActionMAX 1401 CCTV-4 145 EI Rey Network
27 AMC 860 CentroamericaTV 596 EPIX
140 American Heroes Channel 1421 Chinese Cinema 597 EPIX2-E
79 Animal Planet 972 Cine Mexicano sgg EPIX Drive-ln
1601 Antl Greek 971 Cinelatino 598 EPIXHITS
877 Antena 31nternacional 531 Cinemax - E 21 ESPN
632 Arabic Radio and TV Network 536 Cinem5x - E 303 ESPN Classic
185 ASPiRE TV 78 CMT 392 ESPN College Extra 926 Atres Series 31 CNBC 440 ESPN Deportes
299 AXSTV 208 CNBC World 371 ESPN Goal Line/Bases Loaded
962 AyMSports 16 CNN 71 ESPN2 256 Baby First TV 834 CNN en Espariol 302 ESPNEWS 928 BabyFirstTV (SAP) 25 Comedy Central 370 ESPNU 929 BabyTV (SAP) 1340 Community Bulletin Board 842 Estudio 5 910 Bandamax 1341 CommunityBulletinBoard021412 E'nV 1564 Bangladesh Channel 1342 Community Bulletin Board 03 1410 ETTV Drama 110 BBC America 163 CookingChannel 1409 En'V Financial News
209 BBC World News 137 Crime & Investigation EnV News (Chinese)
417 BelN SPORTS 1616 CTCRussianNetwork ETTV NY Channel
443 BelN SPORTS Esparol 1400 CTI-Zhong Tian ETTV YOYO 40 BET 875 Cubaplay EVINE
182 BET HER gs Daystar BNTN
287 BETJams 980 De Pelfcula EWTN en Esparol 290 BETSoul 979 De Pelicula Cl5sico FCS Atlantic
207 Bloomberg Television 135 Destination America FCS Central 253 Boomerang 15 Discovery Channel FCS Pacific
66 Bravo 930 Discovery en Esparol FLIX - E 382 BTN 924 Discovery Familia FM 389 BTN - Extra1 266 Discovery Family Food Network 390 BTN - Extra2 76 Discovery Life Channel FOROtV 465 BYUtv 38 Disney Channel FOX Business Network
49 C-SPAN 254 DisneyJunior FOX Deportes Ch. Network Ch. Network Ch. Network 891 FOX Life 210 i24 119 MTV2 G a) Cla'lV Illmiiue r lqsnrsrs{ https://www.spectrum.com/cable-tv.html 11/29/2017 Charter Spectrum
419 FOX Soccer Plus 621 lndiePlex 1920 MusicChoice
400 FOX Sports 1 461 INSP 1929 MusicChoice-70s
401 FOX Sports 2 138 lnvestigation Discovery 1928 MusicChoice-80s
34 Freeform 1539 lTVGold 1927 MusicChoice-905
169 Fuse 188 Jewelry TV 1916 MusicChoice-AdultAlternative
24 FX 469 Jewish Life TV 1915 MusicChoice-Alternative
632 FX Movie Channel 1563 JUS Punlabi 1946 MusicChoice-Blues 109 FXX 1493 KBN 1934 MusicChoice-ClassicCountry fyi, 1475 KBS World 1918 MusicChoice-ClassicRock GAC 1488 Korean Channel 1949 MusicChoice-ClassicalMasterpieces 50 Galavisi6n 892 LATV Network 1935 Music Choice - Contemporary Christian 1578 Globo 58 Leased Access 1933 Music Choice - Country Hits 1453 GMA Life TV 1552 Life OK 1903 MusicChoice-Dance/EDM
1452 GMA Pinoy TV 41 Lifetime 1948 MusicChoice-EasyListening 416 GOL TV 174 Lifetime Real Women 1911 MusicChoice-Gospel 73 Golf Channel 492 Liquidation Channel 1905 Music Choice - Hip-Hop and R&B 1600 Greek Channel 52 LMN 1 907 Music Choice - Hip-Hop Classics 177 GSN 179 LOGO 1901 Music Choice - Hit List
84 Hallmark Channel 1828 Manhandle 1904 MusicChoice-lndie
86 Hallmark Movies & Mysteries 402 MavTV 1945 MusicChoice-Jazz 511 HBO-E 1478 MBC (Korean) 1924 MusicChoice-Kidz0nly! 512 HBO2-E 1584 Mediaset Italia 1950 MusicChoice-LightClassical 515 HBO Comedy - E 935 Mexicanal 1902 MusicChoice-Max
514 HBO Family - E 841 Mexico 22 1914 MusicChoice-Metal 517 HBO Latino - E 141 Military History 1938 MusicChoice-Mexicana
513 HBO Signature - E 306 MLB Network 1937 MusicChoice-MusicaUrbana
5 'l6 HBO Zone - E 307 MLB Strike Zone 1922 Music Choice - Party Favorites 640 HDNet Movies 532 MoreMAX - E 1931 MusicChoice-Pop&Country 63 HGTV 538 MovieMAX - E 1921 MusicChoice-PopHits 20 Higher Ed Access 620 MoviePlex 1936 MusicChoice-PopLatino 471 Hillsong Channel 68 MSG 1910 MusicChoice-R&B&Soul
48 HISTORY 326 MSG 2 1909 MusicChoice-R&BClassics 932 HISTORY en Esparol 67 MSG Plus 1906 MusicChoice-Rap 933 HITN 327 MSG2 Plus 1912 MusicChoice-Reggae 37 HLN 46 msnbc 1913 MusicChoice-Rock
176 HSN 42 MTV 1917 MusicChoice-RockHits
484 HSN2 120 MTVMTV ClassicClassic 1940 MusicChoice-Romances
1802 HustlerTV 286 MTVLive 1947 MusicChoice-Singers&Swing Ch. Network Ch. Network Ch. Network 1944 MusicChoice-SmoothJazz PAC-12 Arizona 922 Semillitas 1919 MusicChoice-SoftRock PAC-12 Bay Area 1541 SETAsia 1930 Music Choice - Solid Gold Oldies PAC-12 Los Angeles 552 SHO2-E 1941 MusicChoice-SoundoftheSeasons PAC-12 Mountain 555 SHO Beyond - E 1943 Music Choice - Soundscapes PAC-12 Network 554 SHO Extreme - E 1942 MusicChoice-Stage&Screen PAC-12 0regon 556 SHO Next - E 1923 MusicChoice-TeenBeats PAC-12 Washington 557 SHO Women - E 1908 MusicChoice-ThrowbackJamz Penthouse TV (Prem.) 479 Shop Zeal9 1932 Music Choice - Today's Country PFC Internactional 551 Showtime-E https://www.spectrum.com/cable-tv.html 11/29/2017 Charter Spectrum 1925 MusicChoice-ToddlerTunes 1404 Phoenix InfoNews 558 Showtime Fam. Zn Ig3g Music Choice - Tropicales 1403 Phoenix N. America 553 Showtime Showcase-E 1926 Music Choice - Y2K 1811 PlayboyTV 1420 SinoTV-ChinesePrime 1619 Muzika Pervogo 1812 PlayboyTVenEspanol 131 SmithsonianChannel 931 Nat Geo Mundo 1595 Polish Radio 1 1 Spectrum News 130 Nat Geo Wild 175 Pop 6 SpectrumNews-HudsonValley 51 National Geographic 23 Public Access 33 Spike 308 NBATV isg qvc 324 Sports Extra 1 81 NBC Sports Network 481 QVC2 325 Sports Extra 2 sgs NBC Universo 1581 RAI Italia 70 SportsNet New York 1557 New Delhi TV Limited 857 RCN Nuestra Tele 1550 STARlndiaGOLD
212 News Channel 1 2 1807 Real 1553 STARlndiaPLUS
310 NFL Network 128 Reelz 581 Starz-E 311 NFL RedZone 622 RetroPlex 585 Starz Cinema - E 223 NHKWorld 291 REVOLT 586 Starz Comedy - E 312 NHL Network 297 RFD-TV 582 Starz Edge - E 257 NickJr. C)1 1 Ritmoson Latino 603 Starz Encore Action - E 288 Nick Music 1615 Rossiya24Channel 604 Starz Encore Black-E 32 Nickelodeon 21 8 RT Russia Today 605 Starz Encore Classic - E 262 Nicktoons 838 RT Spanish 608 Starz Encore Family - E 1617 NTV America Hungary 1610 RTN (Russian) 606 Starz Encore Suspense - E 229 NY State Legislature 1611 RTN Plus Russian 607 Starz Encore Westerns - E
95 NY1 News Noticias 1577 RTPi-Portuguesa 583 Starz in Black - E
g'i NYI Road & Rail Report 1614 RTR Planeta Channel 584 Starz Kids & Family - E 316 Olympic Channel 1613 RTVI (Russian) 602 StarzEncore-E 844 Once Canal 1621 Russian Kino 625 SundanceTV 408 Outdoor Channel 1532 Sahara Filmy 870 Super Canal 535 OuterMAX - E 1515 SBN (Vietnamese) 853 SURPeri:i
187 Ovation 136 Science Channel 1540 SWAGATTV
173 OWN 385 SEC Extra 43 Syfy 83 0xygen 384 SEC Network 946 TBN Enlace USA Ch. Network Ch. Network Ch. Network 26 TBS 1484 TVK2 69 YES Network
74 TCM 1483 TVK24 1533 ZeeTV 263 TeenNick 1592 TVP Polonia 923 ;Sorpresa! TV 861 Tele EI Salvador 984 Ultra Cine
845 TeleF6rmula 985 Ultra Clasico
912 TeleHit 849 Ultra Docu
871 Telemicro 918 Ultra Familia
890 TeleN 915 Ultra Fiesta
872 Television Dominicana 919 Ultra Kidz
1809 TEN 937 Ultra Macho
406 Tennis Channel 983 Ultra Mex
87 The Africa Channel 255 Universal Kids
1633 The Arabic Channel 444 Univisi6n Deportes 468 The Cowboy Channel 895 Univisi6n tlnovelas 1450 The Filipino Channel 124 UP 474 The lmpact Network 30 USA Network 1642 The Israeli Network 403 Velocity https://www.spectrum.com/cable-tv.html 11/29/2017 Charter Spectrum
35 The Weather Channel 60 VHI 534 ThrillerMAX - E 133 Viceland
39 TLC 913 VideoRola 571 TMC-E 982 ViendoMovies
572 TMC Extra - E 1618 Vyrema 14 TNT 874 WAPA America
899 Tr3s 811 WASA - Estrella TV
80 Travel Channel 64 WEtV
53 truTV 804 WFUT - UniM5s
1542 TVAsia 126 WGNAmerica 855 TV Chile
1500 TVJapan 55 WLNY-IND 75 TVLand 881 WNET-Vme
90 TVOne 61 WNJU - Telemundo 867 TV Venezuela 1288 WNJU-TeleXitos 1562 TV84Punjabi 806 WNYN LD - Azteca America 1422 TVBI Cantonese 1250 WNYW - Movies!
1423 TVB2 Cantonese 11 WPIX - The CW 1424 TVBE Cantonese 17 WPXN-ION 1425 TVBS Mandarin 22 WRNN-IND 1516 TVBVVietnamese 1265 WWOR-Buzzr
878 TVE Internacional 9 WWOR-MyTV 413 TVG 19 WXTV-Univisi6n
Charter Communications. Programming may vary. Channels, Tiers and Packaging subject to change. Services not available in all areas. Charter issued digital receiver or CableCARD required to view programming channels, except for Basic Service viewable with customer owned TV equipped with digital QAM Tuner subject to future service changes when a market transitions to All Digital. Charter issued digital receiver required to view PPV and On Demand programming (where available). HD capable equipment required to view HD programming (where available). All programming may not be available to CableCARD or Digital Terminal Adapter customers. All service levels may contain channels with some R-rated programming, which can be blocked using the Parental Control feature on your on-screen program guide.
ln a switched digital market, due to system technology enhancements access to certain digital channels will require a digital receiver, as HDTVs & digita QAM tuners equipped with CableCARDs or TV's equipped with Digital Terminal Adapter's cannot access certain digital channels requiring two-way communication (e.g., PPV & On Demand programming). CableCARD customers with TiVo equipment will also need a Tuning Adapter for access to such digital channels.
SAP - Second Audio Programming (Spanish Language when available) is offered on analog Basic Service & Expanded Service channels. Check your interactive program guide for further details. Channel numbers Iisted are for either analog cable-ready TV sets or Charter digital receivers. Customers using a QAM tuner TV or other personal QAM tuner device, not connected to a digital receiver, must activate the Auto Program feature, as described in the TV/device's Owner's Manual, to receive some digital services.
https://www.spectrum.com/cable-tv.html Charter Spectrum - Rate Card Information Page 1 of 6
For former Time Warner Cable Service Offerings & Rates click here (https://www.s pectru m.co m/co nte nt/d a m/s pectru m/resid ential/e n/pdfs/ rateca rd : F3. For Spectrum Service Offerings & Rates see below. If you are a Charter customer, click here (http://www.charter.net/) to access Broadband service rate and performance metric information applicable to the service offering you subscribe to.
TV Residential Services For Hudson Valley, NY, Effective November and Rates 2017. All charges exclude applicable taxes, FCC fees, franchise fees and the Broadcast TV Surcharge.
TV Services
BASIC SERVICE $23.89 SPECTRUM SELECT (lncludes Basic Service, Expanded Service and the following services where available - check your local Iineup for availability: Bloomberg TV, Hallmark Movie Channel, Indie Plex, Movie Plex, Retro Plex) $64.99 SPECTRUM SILVER (Includes Spectrum Select, Digi Tier 1 ,HBO, Cinemax and Showtime - check your Iocal Iineup for availability) $84.99 SPECTRUM GOLD (Includes Spectrum Silver, Digi Tier 2, TMC, Starz, Encore and EPIX - check your Iocal lineup for availability) $104.99 DIGI TIER 1 (Available with subscription to Select, Silver or Gold) $12.00 DIGI TIER 2 (Available with subscription to Select, Silver or Gold) $12.00 LATINO VIEW $7.99 MI PLAN LATINO (Includes Spectrum Basic, Latino View and the following channels) $44.99
PREMIUM NETWORKS (AVAILABLE WITH SUBSCRIPTION TO SELECT, SILVER OR GOLD)
STARZ ENCORE $15.00 EPIX $15.00 HBO https://www.spectrum.com/content/spectrum/residential/en/browse/content/ratecard-infor... 11/29/2017 Charter Spectrum - Rate Card Information Page 2 of 6
$15.00 Showtime $15.00 Cinemax $15.00 STARZ $15.00 TMC $15.00
PAY-PER-VIEW AND ON DEMAND
For a full Iisting of On Demand programming go to TWC.com/ondemand. Please see your interactive program guide for title-specific pricing prior to ordering or call 1-800-892-2253.
OTHER SERVICES (PER MONTH) South Asian Package 9.95-11 .95 Russian Packages 9.95-44.99 Mandarin Packages 9.95-29.99 Italian Package 9.95-14.99 Hindi Packages q g.gg-eg.gg Greek Package 9.95-15.95 Filipino Packages q1 .95-24.99 Portuguese/Brazilian Packs 3.95-31 .95 SBTN & TVBV $19.99 TV Polonia & Polski Radio $17.95 TVJAPAN $24.95 The Israeli Network $19.99 TV5MONDE $9.95 DW Amerika $9.95 TVB Jade World $39.99 ART
https://www.spectrum.com/content/spectmm/residential/en/browse/content/ratecard-infor... 11/29/2017 Charter Spectrum - Rate Card Information Page 3 of 6
$9.95
INSTALLATION/SERVICE CALL (PER ACTMTY) Primary lnstallation/Reconnect (when truck roll required) A $49.99 F Trip Charge $49.99 Custom Work Labor Charge $49.99 Service Call Truck Roll $49.99 Wall Fish $49.99 Move Transfer $49.99
UNRETURNED EQUIPMENT FEES (PER UNIT) Spectrum Receiver $123.00 E CableCARDTM $22.00 Tuning Adapter $130.00
MISCELLANEOUS CHARGES (PER MONTH) Broadcast TV Service Charge $7.50
MISCELLANEOUS CHARGES (PER ACTMTY)
Late Fee $8.95 Reconnection Fee $4.99 Insufficient Funds Fee $20.00 Phone Payment Processing $5.00 Additional Bill Copies s"i .gg
SPECTRUM EQUIPMENT RENTAL & OTHER SERVICES (PER MONTH, PER OUTLET)(WITH SUBSCRIPTION TO SPECTRUM BASIC, SELECT, SILVER OR GOLD) Spectrum Receiver & Remote (per outlet) C $5.99
https://www.spectrum.corn/content/spectrum/residential/en/browse/content/ratecard-infor... 11/29/2017 Charter Spectrum - Rate Card Inforrnation Page 4 of 6
Secure Connection (per receiver or CableCARD) $1 .00 CableCARD (rate includes $1 .00 Secure Connection) $2.00 DVR Service Package (up to 4 DVR receivers) $19.99 DVR Service (1 DVR receiver) $11 .99
A An amplifier may be required for a dwelling with multiple outlets (outlet = digital receiver/modem/eMTA). Technician assessment and professional installation required. B The Broadcast TV Surcharge reflects charges assessed to Charter by broadcast TV stations. It applies to Basic Service and all additional TV services. C DVR service required with subscription to DVR or DVR/HD receiver. o Provides access to the electronic program guide - to receive program information, perform efficient channel surfing, use Parental Controls and access to order Pay-Per-View & On Demand (where available). E Due to system technology enhancements in a switched digital market, access to certain digital channels will require a receiver, as HDTVs equipped with CableCARDs can not access certain digital channels requiring two-way communication. CableCARD customers with TiVo equipment will also need a Tuning Adapter for access to such digital channels. F Applicable when adding and/or relocating outlet, upgrading and/or downgrading services and picking up equipment. G Available with subscription to Spectrum TV Select, Silver, Gold, or Mi Plan Latino H The Secure Connection Fee covers those measures Spectrum employs to manage and secure the connection between Spectrum's system and the Spectrum receiver and other devices Subscriber uses to access Spectrum's services.
All charges exclude applicable taxes, FCC fees, franchise fees and the Broadcast TV Surcharge.
CableCARD customers subscribing to any service package in which Charter- Ieased equipment is included in the package price, may receive a discounted price, reduced by an amount equal to/greater than the fee for such equipment not Ieased from Charter.
@2017 Charter Communications ADDITIONAL CUSTOMER INFORMATION: Prices are per month unless noted otherwise. Programming may vary and all services may not be available in all areas. Rates, number of channels, programs/content, services & packages are subject to change or discontinuance at any time, subject to applicable Iaw. Unless specified on this https://www.spectrum.com/content/spectmrn/residential/en/browse/content/ratecard-infor... 11/29/2017 Charter Spectrum - Rate Card Information Page 5 of 6
rate card, additional installation services are generally billed using the Labor Charge in % hour increments. Charter reserves the right to institute different rates or terms and conditions of service for promotional purposes. Customers are not required to subscribe to any tier of service, other than the Charter Basic service tier, in order to purchase premium channels, or where available, Pay-Per-View or On Demand. Charter-issued digital receiver or CableCARD required to view programming channels. Charter-issued digital receiver required to view Pay-Per-View and On Demand programming (where available). HD-capable equipment required to view HD programming (where available). All programming may not be available to CableCARD customers. All service levels may contain channels with some R-rated programming, which can be blocked using the Parental Controls feature on your on-screen program guide. Certain Iimitations apply to the Wire Maintenance Plan, such as the exclusion of repairs to alarm/electrical/twisted pair wiring, customer- caused damage or abuse, and alterations to Charter equipment. Please contact Charter for more information about the Wire Maintenance Plan.
Serving: Blooming Grove, NY, Town of; Middletown, NY, City of; Crawford, NY, Town of; Deerpark, NY, Town of; Highlands, NY, Town of (ORANGE); Gardiner, NY, Town of; Highland Falls, NY, Village of; Lloyd, NY, Town of; Mount Hope, NY, Town of; Mamakating, NY, Town of; Maybrook, NY, Village of; Newburgh, NY, Town of; New Paltz, NY, Village of; Crawford, NY, Town of; Port Jervis, NY, City of; Shawangunk, NY, Town of; Forestburgh, NY, Town of; Goshen, NY, Town of; Hamptonburgh, NY, Town of; Montgomery, NY, Town of; New Paltz, NY, Town of; Plattekill, NY, Town of; Bloomingburg NY, Village of; Goshen, NY, Village of; Montgomery, NY, Village of; Otisville, NY, Village of; Wurtsboro, NY, Village of; Wawayanda, NY, Town of; Walden, NY, Village of; Shawangunk, NY, Town of Wallkill, NY, Town of; West Point u.s. Military Academy, NY, Base of; Washingtonville, NY, Village of; Ellenville, NY, Village ol Wawarsing, NY, Town of; Mamakating, NY, Town of; Rochester, NY, Town of; Rosendale, NY, Town of
Cornwall, NY, Town of;
0000/81 50/3000/0010 & 0000/81 50/3000/0020 & 0000/81 50/3000/0030 & 0000/81 50/3000/0040 & 0000/81 50/3000/0050 & 0000/81 50/3000/0060 & 0000/81 50/3000/0070 & 0000/81 50/3000/0080 & 0000/81 50/3000/0090 & 0000/81 50/3000/01 00 & 0000/81 50/3000/01 10 & 0000/81 50/3000/0120 & 0000/81 50/3000/0130 & 0000/81 50/3000/0 140 & 0000/81 50/3000/0150 & 0000/a1 50/3000/0160 & 0000/81 50/3000/0170 & 0000/81 50/3000/0180 & 000
https://www.spectrum.com/content/spectrurn/residential/en/browse/content/ratecard-infor... 11/29/2017 OTHER SERVICE CHARGES AgemAssistedPayment $ 5.00 Deposit Fee S50IOO00 LakeFee S 8.95 Service Rates ReCOnneCIl0n Fee S 199 Returned Paymenk Fee S 2000 EFEECTIVE AUGUST 2017 Statement Copy li 199
UNRETURNED/LOST/DAMAGED EQUIPMENT Access Point $ 172.00 Hudson Valley, Rochester. Stewart Air Force Base, CableCARD S 22.00 Wawarsing & West Point (HV) Digital Receiver $ 12300 DigitalTerminalAdapter $ 4000 IntelligenkHome Cloud Server $ 103.00 IntelligentHomeTouchscreen 'E25500 Modem S 3900 Phone Modem $ 3900 Tuning Adapter 5 130.00 WiFi Extender $ 78.00 TVSERVICESANDPACKAGES WiFiModem 5 7800 StarterTV' WiFiPhoneModem S 78.00 Bloomingburg. CrawTord. Esopus, Goshen, Hurley. Kingston, Maytnook. Montgomery. WiFi Router $ 78.00 Monhcello. New Paltz. New Windsor. Saugerhes, Ulster. Walden. Washingtonville andWoodstock 1900
By subicnbing io ihese iervces customer agieei to be bound by the termi ot +WC s Subicnber Agreemcnt which can $20.00 be lound at helpiwcablecom{polciei html Time Wamer Cable leaiei CableCARDt tor uie in customer owned rciail Skandard TV $ 789978 99 CableCARD compatible devicei Oui leaied Set Top Boxes also indude eithera CableCARD O+ integrated securRy inxide (ntcludesStarlei Tll) the devlce Our lease rate +oi Set Top Boxes that contain a CableCARD indudet an impuied charge Ior (he CableCAR€ IT Fi PreTened TV yOu leaie a CaoleCARD in lieu o+ sucn a Set Top Box. we now ofiet a proipective montnly cedit to retlect tlte difference 8299 5elweei Tilie itandard leaie tatei ol Set Top BOXe! alld CaOleCARDK Pleaie COntaCt u{ l)7 lllllnQ OIR +he IOTtn available via ihe Tollowing link i+ you belleve you ma'r be eligible tor OT would like mote inlormaiion regarding thit credit Lwc com/ Varieky Pass $ 1000 CablcCARD HD Pass $ 895 FOT cuiiomers +eceiving service through commetcial accounts OT bulk a+rangements xome producis pricing and oiher TWC Sports Pass $ 10.00 inTormation contained herein may not ai)gly Pleaic re'fer to the ieims and condifions of the separaie agieement Where T WC MoVle Pass $ 1000 ie+ms aie inconsi iten( wRh inloimation in ihe Seivice Ra}ei the te+mi and conditioni of the iepaiate agieement wlll apply Variety Lite Espahol $ IOOO Some reitnchoni apply Starte+ TV ieivce mutt be purchased io tubtcnbe to any other optional video service or Uer Varieky Plus EspanoP $ 500 servces Pncing. piogamming and packag ing subtect to cFange withou( notice Servlce prices thown are monthly and do EI Paquetazo $ 2485 no} indude salei tax insiallation Iees Tianchise Iees and FCC user Iees Not all equlpment tupporit all xervices All servces may not be available in all aieas Subiect io change without notice Additional chatget apply Ior installahon equipment suicharges. applcable taxes and lees @2017 Tlme Wamer Cable Enierprises LLC all rlghtt reterved Time Wamer Cable PreTerredTVenEspanol s 82.9982.gg and fhe eveleai logo are trademarks ot Time Wamer lnc uted under licente All oiher iradcmarks are property ol their reipeciive owners FamilyChoice" $ 12.99 BroadcasfTVSurcharqe $ 750 For TWC store locations, please visit twc.com/stores SportsProgrammingSurcharqe $ 270 Cannol becombined vmh any other fier'> Reitrcled$ loSiandarcl Deliniiion non DVR ctBupmentonly Olhe+ +citr ctionx agply Requires subscnption to Va+iety Lite Eipahol $$ Famlly Chaice cannot be combined with any o}her video programming Family Choice not avallable in all areas
PREMIUM SERVICES HBOa $ 1699 Showhme' $ 1599 TheMovieChannel- $ 1599 STARZ" $ 1599 Cinemaxa $ 1599 EPIXa $ 999 Encore Pass $ 699
ADULT PREMIUM SERVICES PlayboyTV $ 1295 Penthouse $ 1295 Hustler $ i2.95 VIVID $ 1299 TEN $ 1295 REAL $ 1295 Manhandle $ 1295 Manhandle & HIS On Demand Packaqe' $ 1995 Adult3-Pack s 2995 ' Nofavailableaiparlol heAduli3 Pack
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8150 3200 (ALL) 8150 3300 (0010 0070) NTERNATIONAL PREMIUMS Arabc (i'iRTr $ 'E')5 Bengal Vietnamese (Tlie3qnJadeslil-.hannel) $ 199919 CIQ Brazilian - Portuguese (PFCI $ 1995 $ 2195 SEASONAL SPORTS SERVICES $ 3195 MLB Exjra lnnings. MLS Direct Kick. N BA League Pass. NHL Cenker lce Varies !5 395 !! I995 (TVGlolao.';RToi) $ 2195 ON DEMAND & PAY-PER-VIEW (Br.szilian oasspoi lo' FC & TV Globo) s 2995 On Demand Varies Cantonese
(TV3 lai leWrnkl TVII TVB2 TVBe TVPl% CCTV Ii $ 3999:ig gg Varies Filipino DisneyOnDemand 5.99 (G'l/IA Pnioy) $ 129512 95 Disney Family Movies On Demand 4.99 (ThC) $ n95n 95 TheJewishChannelOnDemand 695 HereTVOnDemand 799 G'lilA!JZBBRa(l 5 14951495 HISOnDemand 12 95 TooMuchForTVOnDemand 14 99 $ 24992499 French NTERNET German Everyday Low Price $ I999 5 9Cl5 Basic $ 4999 Greek Skandard s sggg $ 1495 Turbo Upgradeo 5 tooo $ 995 Extreme Upgrade'a $ 2000 $ T595 Ulhmate Upgradeo $ 5000 Hebrew HomeWiFi $ 595 $ 1999 ' Turbo Extreme or Ulhmate Upg+ade can be added to Standard Hind $ 1999 (Hn'nlioasb STl1RllllllanLUSSl)nV:lZeeTV) $ 2499 PHONE (Hllxll %S )11 IS-STARlllCla D US Sllrr. Zt:: TV Llle O< WlllOl.l TV ASa TWC Phone Unlimited NDTV2!l/i8-lTVGokl) 3999 $ 3995 $ TWC PhoneTri-State $ 2995 Second Line' $ 2995 s 6999 Internationa lOnePnce' Pla n" (adil nion. il) ltalian s 2095 Global Penny Phone Plan (Ji l lhin.ql' $ 295 S 995 $ ggs 395 vate Listing {pi-i lilione numl>eii $ 14 gg 350 Requnes p+imary TWC Phone line Japanese Subicnphon to l WC Phonc with TV and}or Intemet is required (Tll lApAN) $ 249524 95 Mandarin I1 99 EQUIPMENT & EXTRAS 9.95 FClunebe'Tnne) 995 Digital, HD. DVR OT HDDVR SeITop Box and Remote Package $ 1175 (ETTVChur: ggs (lllclul:leS SeF TOp 91 IX 31ld Reml)li-) 995 DVRServiceFeelperDl/R) 1299 g.gs EnhancedDVR(pei nVR) 1599 ggs Whole House DVR OT Enhanced Whole House DVR Service(per Wl-l rM;') 1999 ggs TheGuide 3.25 (Phoprui lruoNe'.vb) ggs CableCARD(e.icm 2.50 995 Digital Adaptet and Remoke 400 995 Internet Modem Lease 1000 (Mani-l.ailll "aSSlTnl lCCIV -I CTI 71uanrl Tian % .erui lnrriNevis8i 1999 0tt lllClal 111 ETTV -'aSSpl-11 l LTTV (-1111 la -TTli DI Jllla ETTV Fll 1. incial :yl4i'iS NSTALLATION/SERVICE CALL(PER ACTMTY) 19 99 PnmaT71nstallahon/Reconnect {'%llel llt R-l Dll le(1.111 Pd) $ 4999 MoveTransTer $ 4999 Flnalll:lal Nell{lb ETTV Ne{llb rTTV NY 21101-+ll- 11111)Nei{lb ollCt=+lla NOI 111 AlnellCa TnpCharqe $ 4999 $ 299929 99 CustomWorkLaborCharge s 4999 Polish ServiceCallTmckRoll $ 4999 1795 Wall Fish S 4999 Pun1ab $ 995 (TV84) s ngs Russian $ T4.95 (CTC) $ 995 (NTVAmeucii $ 995 (RTN) !l 1495 $ 1495 RTV $ 995 5 995 $ 2599 REGULAR MEETING, TOWN OF MOUNT HOPE. AUGUST 7. 2017 www.townofmounthope.org The regular meehng of the Town Board of the Town of Mount Hope was held at Town Hall on August 7, 2017 @ 7.30pm with the following present. Supervisor Chad Volpe. Councilman Matt Howell. Councilman Brian Carey, Councilwoman Janet Sutherland. Councilman Dominick Cambareri and Town Clerk Kathleen (;. OFFICIALS PRESENT Highway Supt. Hassenmayer, Police Chief Rickard, Atty D Bavoso.
Supervisor Volpe started the meehng with the Pledge of Allegiance He asked fot cell phones to be silenced and/or turned off.
7:30PM PUBLIC HEARING FOR THE CABLE FRANCHISE AGREEMENT Supervtsor Volpe stated the public hearing notice is on the table fot anyone wanting to see it. He asked for comments. Atty Bavoso introduced Kevin Egan from Spectrum. Mr Egan added that he would address any questions/concerns. Supennsor is happy we re adding addihonal customers on line lt's been a long time coming. Board members did not have any questions. Atty Bavoso brought up a question on density requirements. He asked Mr. Egan to explain it. K. Egan: from a density perspechve in the franchise agreement, there's a requirement per the DSC withtn the agreement that we would serve a minimum density of 25 for the T/O Mount Hope When there s an area in the town that's unserved, we measure from the nearest point that we have to connect into our network to serve that density lf it meets the 25, then we are obligated to serve. lf it's less, then there's some calculations that go into it that's per DSC, there's an aid to construction that is identified fot' those residents for those homes When we measure that 25, it is actually based on standard drops. Within the franchise agreement, there is a distance from the street to the house to within 200' & if it's tn the 200' then that counts as a standard drop. Anything over that is not a standard drop. The obligation of the franchise is to extend our network to any density area within the town that is 25 homes or greater. Frank Ketcham wondered when he's going online He lives on Mountain Road. Mr Egan is not familiar with Mountain Road. He's not sure of communication on Mountain Road Ketcham: the lines are all n - just waiting for the salesman to come around. Mr Egan will take Mr Ketcham's info and will get back to him. Jim Kowalczik asked if this was Time 'Namer Egan' TWC was purchased by Charter Communications. He is a legacy Time Warner Cable employee Today we are all Charter Comm. employees. Kowalczik: will they go down Finchville Tpk? Egan' not sure of that area either. He will get info from Mr Kowalczik and get back to him. Kowalczik it ends on Mill Pond & they wanted $9000 to go to his house. Councilman Cambareri: the queshon that most people will have is who do they call to see if they qualify for the density rules to be hooked up. Rules have changed since the previous agreement- where does everyone start? Egan. the 1 place a resident would start is the service ability center He will provide that contact info for the town. Cambareri: we would post that on our website Mr Egan added that if there are areas such as you're menhoning that the town thinks there mtght be a density item - you can contact him and he will get the info to his construchon team. Diane Loeven: spoke re' several little pockets within the town underserviced. There might be 10 homes that are wtthin a mile either way of service but there's a little pocket in the middle that is not. How does - they will never meet the 25 - would they get incorporated into one end or the other when they're looking at the density of that" Egan: a density or houses that are already built were in all likelihood taken into consideratton in the last bill - a line extension or build out for those homes. We're talking about 10 homes that are in the middle of an area that are unserved - we'd have to look at them. We'd have our construction team go out - look either way to decide whether or not it's feasible/makes sense. You mentioned a mile - so you want to address that. When we're talking about 25 homes/mile - if it's a !/i mile t's 12 !/2 homes/mile. You're not looking at necessarily a whole mile lt's increments of. Loeven' that answers my question. Kowalczik: we're roughly 2000' You end on Mill Pond To our driveway another 1000' to our house and it was $9000 to run it which is a little bit too much Kathy Hosking' the original agreement wtth Time Warner was every resident in the town of Mount Hope was supposed to be serviced. Egan. l'm not familiar with that language in the original agreement. Bavoso no, we saw one that we think had been proposed in the past but we weren't able to find a fully executed one. lt was well before his time here Mary Maurizzio asked Mr Egan if he could look back in his files Egan. l don't have all the files - he can look. Would the old agreement ovemde this new one" Egan no. Councilman Cambareri thanked Mr Egan for coming.
MOTION TO CLOSE PUBLIC HEARING: MOTION offered by Councilman Cambareri 2"d Councilman Howell to close the public hearing at 7 38pm. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried
MOTION TO APPROVE CABLE FRANCHISE AGREEMENT: MOTION offered by Councilman Cambareri 2"d Councilwoman Sutherland to approve the proposed cable franchise agreement. All in favor Howell, Carey. Volpe, Sutherland, Cambareri, carried (Agreement will be on file in the town clerk's offlce)
77 REGULAR MEETING, TOWN OF MOuNT HOPE, AUGUST 7, 2017 www.townofmounthope.org 7:39PM PUBLIC HEARING ON PROPOSED LOCAL LAW #2 ENTITLED: ESTABLISHING THE PROCUREMENT POLICY OF THE TOWN OF MOUNT HOPE: Supervtsor Volpe opened the public hearing at 739pm. The public hearing notice is on the table. Councilman Howell explained that one of the main changes from the procureinent policy that was passed in January 2017 was the increase in the thresholds that's set by the state for the minimum dollar values for the bid process. The other thtng we added was the ability for the town fo use what's known as the 'best value' ptactice That wtll allow us to not necessarily lust pick the lowest btdder but if we feel that the next highest or even the highest bidder has a better value for the town to use - it allows us to go down that avenue to make the choice to use a local contractor or any other # of stipulations which ate defined by the abest value' prachce. This way lust allows us something more to use within the procurement policy. Supervisor asked if any board members had queshons. Councilman Cambaterr we went over everything last meehng. Alison Miller asked if there s specific guidelines how to determine the best value Councilman Howell' yes. He read the followtng: the basis for awarding the contract for services to the offerer which optimizes quality, cost & effictency among responsive & responsible offerers could be used for service and purchase of goods. Bavoso: basically section 163 of the state finance law actrially defines the term The basis is to reflect oblective and quanhfiable measures as much as it can. So, it is gonna be a little bit of a case by case basis but as long as the board puts it on record why that's the best value - it will typically satisfy the state requirement. Howell another sechon describes' best value wtll be thorough and accurate documentation & may include but not limited to the cost of maintenance, durability availability of replacement parts. maintenance contractors, longer product life, product performance criteria, quality of craftsmanship or compatibility with existing town buildings or property.
MOTION TO CLOSE PUBLIC HEARING: MOTION offered by Councilman Cambareri 2d Councilwoman Sutherland to close public hearing at 7 43pm. All in favor Howell, Carey, Volpe, Sutherland, Cambareri: carried.
MOTION TO APPROVE LOCAL LAW #2 ENTITLED: ESTABLISHING THE PROCuREMENT POLICY OF THE TOWN OF MOUNT HOPE: MOTION offered by Councilman Howell 2"d by Councilman Cambareri to approve Local Law #2 entitled Establishing the Procurement Polrcy for the Town of Mount Hope (copy at end of minutes) All in favor: Howell, Carey, Volpe, Sutherland, Cambateri, carried.
RESOLUTION TO ACCEPT PRIOR MEETING MINUTES: MOTION offered by Councilman Cambareri 2nd Councilman Howell to apptove the minutes from July 17, 2017 meeting as submitted. All in favor: Howell, Carey, Volpe,Sutherland, Cambareri carried.
CORRESPONDENCE: 1. lnvitefromCornelltoBounhfulHarvest9-16-175pm@4Hproperty 2. Letter from Real Property Tax office re 2017 Tax Collector's settlement 3. Hold Harmless agreement for Otisvtlle Country Fair 4 Letter from Chtef Rickatd re: 2 resignations (Beebe/VanCura) 2 new hires (W Sherwood/S Winchell) 5 3 window estimates for town hall 6. Highway budget modification 7. County Public hearing nohce re' Alterahon of Town Boundaries Town of Monroe/Town of Palm Tree Aug 15, 2017 6'30pm at Central Valley Elem. School Auditorium 8 Letter from DEC re Annual inspection of HV Treatment plant - satisfactory 9. Letter from DEC re. proposed lands of Lazier subdivision sewer extension 10 .T/O Wallkill public heanng nohce Aug. 14, 2C)17 7.30pm at town hall re: area variance 11 .Mortgage tax receipts from county of Orange re: April, May, June
BOARD MEMBER REPORTS: Councilman Cambareri reported that everything is in compliance with the SPEDES permit. Sewer extension for Lazier under the guidelines of our existing SPEDES permit we meet the guidelines so they will accept lust the engineers' drawings to be approved without applying for a sepatate SPEDES permit That will speed up the process quite a bit. Can t speak on summer camp because l was a way for 2 weeks Councilwoman Sutherland reported that there are 106 library cards The ZBA has been quiet this summer The planning board is scheduled for August 16 She met someone over the weekend that has an issue with water drainage/water runoff off of Highland Lakes Road Part of that is Mount Hope and part is Wallkill Supervisor asked Dean if we could go look at it. Dean said yes - he needs address Sutherland' name is Pillet. He is not the T/O Mount Hope The problem is on Highland Lakes road that he says its coming from. She met him at an engagement party this weekend. He lives on the Wallkill section of the road but he's saying that the problem is from the T/O Mount Hope side. Supervisor so it's onginating on our side. Sutherland yes. Hassenmayer stated it s new to him but he can look at it. She thanked him
78 REGULAR MEETING, TOWN OF MOUNT HOPE, AUGUST 7, 2017 www.townofmounthope.org
BOARD MEMBER REPORTS CONT.: Councilman Carey apologized for missing the last meeting He was upstate NY and couldn't get out of a work thing Mirusink football lust started this week. He will more to report next hme Four days leff of summer camp Everything going good so far Councilman Howell reported the master plan commmee meeting was cancelled the day of on short notice There's a ptolected date & once it's finalized he will pass it along Two weeks ago he & Brian went to the OC Assoc. of Towns/Cihes/Villages & Cty Exec Neuhaus spoke re' veteran s services and the veteran s van They have scheduled pick up points within the county They take veterans to their VA doctor appointments. He asked Mrs Maurizzio if she knew of anyone in Mount Hope that uses this service. She did not know. There are vanous pick up points Port Jervis, Greeiwille, Middletown, Montgoinery, Newburgh, Goshen, Warwtck, Greenwood Lake & Monroe lf anyone is interested - we could see about getting a pick up point. One of the topics was avatlability to get the veterans inside especially in the winter when the have to wait for the van to pick them up They're trying to find new places that are open extended hours Supervisor Volpe added that we could use the senior center as a pick up point. Councilman Carey stated that one of the things they brought up was the police stahons for pick up Howell' lf Lou or anyone else would Iike to look into having that service brought in to Mount Hope - if it's not already utilized. Carey' believes they go to Castle Point & West Point. Howell: they also go to the Bronx leaving from Middletown Supervisor Volpe reported the hand dryers are in place in the restrooms here and in the senior center He'd like to see more things go green this year. Before the end of the year we will break even on them. He asked Dean if summer rec suppltes could be picked up on Friday Hassenmayer asked if there's a certain time or person to be contacted. The supervisor will set everything up for him. Everything will be ready Hassentnayer stated that r;ormal hme would be af!er morning break. Supervisor we'd be able to get 85-90% of it. Cambareri what we don't get on Friday - we'll go back on Monday
COMMITTEE REPORTS: HIGHWAY DEPARTMENT by Supt. Hassenmayer: He reported that he had 3 contractors come and look all the windows in town hall The windows in the meehng room would remain an awning window They crank out The offices we talked about 2 double hung windows, they tilt tn for cleaning. He recommends Northern Windows - they are under $10,000 but they have a time frame (10-12 weeks from the ttme of ordei-). lnstall hme is a couple days. The inside colors may not be gray We would be responsible for painting the trim. The outside is a bronze color Supervisor Volpe. n the winter when the heat is not blowing, you can feel the wind coming in. He knows Dean & Kathleen have been here significantly longer than he has, but he doesn't know of anytime that they've been replaced. Dean. doesn t think they have been Cambareri' the Anderson windows come with 20 year warranty. Hassenmayer suggested holding off on approving the snow & ice contract from the county until he sees what the salt bids are. They should be open next week By next meeting he should have an answer. Paving is complete. Htdden Valley was finished up in a rain storm. Our guys stayed until we were firushed & also the T/O Greenville guys stayed. lf you see anyone from Greenville - pass on our thanks. The roof update we need 2-3 good days of weather We have 2 days of application to do yet. All seams have been sealed Primer coat of this material has been put over the seams. lt's the fact of spreading this material over the enhre roof. lt needs 48 hours to cure. Not sure if they'll get to finish this week due to weather Councilman Carey added that he's still working on the internet at the park.
OTISVILLE FIRE: Their meeting is tonight.
POLICE DEPARTMENT by Chief R'ickard Chief Rickard reported things went well with the yard sale He met with the fair committee. He & Chad met with the moon feshval commmee They're both moving along He spoke with fair committee and explained how they'll go about tt. He asked for the board to accept the resignations from Jason Beebe & Peter VanCura effechve 8-8-17. He requested to hire 2 officers William Sherwood & Steven Winchell. We can do any queshons about them in execuhve session Both are certified and would like them to be effective 8-8-17. Councilman Carey requested to meet them Chief will try to have them all come in to the next meeting.
VILLAGE OF OTISVILLE: Trustee Loeven reported the yard sale was a big success Due to weather, probably wasn't as overwhelming as it usually is - but steady all day She will meet with Anna to have a recap meehng if she s available Friday
ROSE PHILLIPS - MAGIC BOOK BOX LITTLE LIBRARY: Supervisor Volpe reported that the library dedicahon is July 10, 2017 at 5 00pm at the senior center approx 15 minutes long There will be light refreshments after Open to eveiyone Bring a book' Town Clerk added that so far the book box in the hallway has filled up 2x Working on a 3'd. We've gotten a good response on it! 79 REGULAR MEETING, TOWN OF MOUNT HOPE, AUGUST 7, 2017 www.townofmounthope.org TOWN WIDE NEWSLETTER: Supervisor Volpe reported the newsletter deadline is August 21 Any board members wanting to contnbute an arhcle may do so. Anything anyone wants to write about. It will take a week or so to get it Kathleen did it in a week or so last time once we saw what would fit where He would like to get them out sooner than later He requested Dean to put the spring dates in there.
MOON FESTIVAL: Supervisor Volpe reported that he & Paul met with their committee last week lt went well. They requested to borrow the highway cones for the day of the event. They will put them out -if we could get them to them. Supervisor will loan them our banner like we did last year to use as a back drop We can inventory the # of cones Dean said that is fine The numbers they're expechng - Paul thought it best that there's 2 officers there for entire event They had no ob1ectton. They'll reitnburse the town for any cost associated with 2 additional officers. He verified with Dean that they rented the pavilion for 3 days (Fri, Sat, Sun) They will get us proof of insurance They were told that the attorney would write up a hold harmless agreemei'it. They have no problem fully executing the hold harmless agreement. They requested that the basketball courts closed at noon that day lt was done last year just not for that length of hme Councilwoman Sutherland asked why they are renhng for 3 days Supervisor: they want to set up even more thts year, more spots withtn there Last year they started settuqg up at 6am and were barely done by the time they were opening @4 They think there's going to be so many people and they'd like to have a raindate. lf it rains Saiurday, they'll do it Sunday She asked Paul if there was about 1 .000 people last year He said there was 350 cars paid at about 2-3 people/car Paul added there's no orchestra this year Sutherland if it rains on the 16'h, they want the courts closed on the 17'h? Supennsor yes No board members had an issue with this Councilman Cambareri asked how the courts are closed off. Dean said normally we lust put a sign. But he W:ll lock them and the tennis courts this year
MOTION TO CLOSE BASKETBALL COURTS ON SEPT. 16, 2C)17 AT 12:00 NOON: MOTION offered by Councilwoman Sutherland 2"d Councilman Howell to authorize the closing of the basketball courts at the town park at 12.00 noon on 9-16-17: raindate 9-17-17 fot the moon festival. All in favor Howell, Carey. Volpe, Cambareri, Sutherland; carried.
LIBRARY CARDS: Supervisor Volpe asked Kathleen if the # of cards is 20 or 25 She stated 25. He further stated that if we are at 106 now - once we hit 125 - he'd like to be done with it. lt s only good for the calendar year 25 cards Iast year for example - we went 2 over tnto the next 25. So we paid $2125 for 2 cards. We got 25 but they weren't redeemed. Councilman Carey asked how much they cost. Town Clerk $70 or $75 Supervisor we still have 18 cards before we have to vvorry about it. Town Clerk: in the beginning we were cutting it off at Nov. 1 but there s people that come in Nov. 2 argue they were told they could come in. Sutherland: is that something that could go in the newsletter Supervisor: yes lt's a lot of money unless we use the whole 125 Councilman Howell suggested starting a waihng list Atty Bavoso you're talking about a soff cap You limit the #'s until you get enough orders. Supervisor: they automatically bill us when we go over into the next 25 Sutherland we're at 107 so you want to cap it at 125a) Supervisor unless the boai'd wants to do something different Atty Bavoso suggested a motion
MOTION TO CAP THE LIBRARY CARDS AT 125: MOTION offered by Councilman Carey 2d Councilman Howell that the Town Board decided to cap the number of library cards at 125 for the calendar year 2017, however, it reserves the right to order more cards if it determrnes the demand for additional library cards is enough to lustify the purchase of more. All in favor: Howell, Carey. Volpe, Cambareri, Sutherlancl camed.
HOLD HARMLESS AGREEMENTS Supervisor Volpe stated the Moon Festival folks have no problem with the hold harmless agreement. David will wnte one for them for Friday-Sunday The other 2 is for the fair committee One is for the use of the highway garage. One :S for the fair Which one has changes to it') Bavoso. the one for the fair Councilman Howell asked if the only difference is the address and the time frame Bavoso The time frame being the bigger one. For the barn we have through the 31"' because they were still gonna be working on getting things outta there and there was gonna be certain storage there One agreement was more specific to the use of that bam. The fair itself had more to do with the activities that go on at the fair Sutherland asked if this was the new one Supervisor said this is the new one proposed back to us He asked about the insurance cert and said he was almost sure it has Ohsville Lions Club on it & it lists us as additionally insured for the length of...Bavoso is that the official entity that puts on the fairl Supervisor that's his queshon - this says fatr committee. What ts the fair committee in teference to the insurance that's coming through the Lions Club All of the references in here doesn't say the Lions Club Bavoso. we would change that Supervisor in essence, the hold harmless agreement for OCF wouldn't even have insurance for the Bavoso' we lust needed to change the terminologies; instead of the OCF we would do Otisville Lions Club as a sponsor of the Otisville Country Fair 80 REGULAR MEETING, TOWN OF MOUNT HOPE, AUGUST 7, 2017 www.townofmounthope.org lt's a matter of wording in knowing the enhty that actually puts it on. Councilman Cambareri asked Jim Jennings if this is correct. The fair is an event of the Lions Club" Mr Jennings' prolect of. Cambarer Ohsville country fair is an acronym not actually an entity":' Jennnigs no. Cambareri then all that does have to be changed to the Otisvrlle Lions Club. Counctlman Howell questioned the dates 24-277 Jennings' that's correct. Howell. we have to change that because this ends on the 26'h Bavoso. what day does that start Discussion on dates. Cambarerr when do you actually have it rented for Jim? Jennings. the 21 Councilwoman Sutherland recalled pnor discussion where the dates were the 21-28. Davis will send to board and vote will be next meeting. Bavoso: you can approve it contingent upon the changes
MOTION TO ACCEPT THE HOLD HARMLESS AGREEMENT WITH THE OTISVILLE LIONS CLUB FOR THE FAIR WITH AMENDMENTS: MOTION offered by Counctlman Cambareri 2"d Councilman Howell to authorize the supervisor to sign the updated hold harmless agreement with the Ohsville Lions Club as the pro1ect sponsor of the Ohsville Country Fair sublect to requested changes All in favor Howell, Carey, Volpe, Sutherland, Cambareri' camed
RESOLUTION TO APPROVE HIGHWAY DEPT.'S BUDGET MODIFICATION: MOTION offered by Councilman Howell 2" by Councilman Carey to approve the budget modification as follows' lncrease unclassrfied revenue line D2770 by $268.32 and increase machinery equipment DB5130 4 by $268 32. (recycled scrap metal) All in favor Howell, Carey, Volpe, Sutherland, Cambareri: camed
RECREATION CENTER ROOF BIDS AND COLUMNS BIDS: Supervisor Volpe reported the bids were horrible There were 2 bidders for the roof on the pool building. One was $284,000 and one for $333,000 The columns' bid was $159,000 He wants to reject all of }hem. We got a prtce 2 % years ago and it was around $40,000 and we said it wasn't prevailing wage & they came back with $81 ,000 to redo the roof and now it's $284,000. Sutherland clarified the #'s She asked why it was so much more. Supervisor did not know
TOWN HALL WINDOW REPLACEMENT: Supervisor called for a mohon for the windows. Councilwoman Sutherland asked if this covers the Iabor as well. Counctlman Howell added' each window has the pricing with the size, room it goes in & install price. MOTION TO ACCEPT BID FROM NORTHERN WINDOWS FOR THE WINDOW REPLACEMENTS AT TOWN HALL: MOTION offered by Councilman Carey 2" Councilman Howell to accept the eshmates for the town hall window replacements from Northern Windows for $9,704.00 All in favor Howell, Carey, Volpe, Sutherland, Cambareri: camed.
FIRE CONTRACT: Supervisor stated that he reached out to the attorney, asked him to pull out the fire contract from last year His understanding is there are 2 options. One ophon is to put it out to bid like last year. ln the contract we executed it also says we can renegotiate tn good faith. He wanted to know board thoughts. 3 or 4 months ago we voted to allow Mount Hope Fire Company to dissolve. His recommendation is to give him one meettng so that he can sit with the village to renegotiate: see what # they come back with. lf it's not a # that sahsfies the board then we can go to bid. We don't have to do it that way lf you want to just go out to bid he would be happy to do that He doesn't know who else is going to bid on it. lf he s able to negotiate a contract for 2018 at a reasonable price, he thinks it's a waste of money to go out to bid and not like our surpnse Councilman Carey likes his 1 optton. Councilman Howell thinks there s enough time to explore the good faith avenue then we have other options from there. Councilwoman Sutherland thinks if he wants to attempt to negotiate that's fine but she thinks it should go out to surrounding fire companies and put it out to bid Supervisor asked what the closest fire company to us Sutherland Howells Supervisor. Howells will not bid on it because it's temtorial in their district. Councilman Cambareri wants to start with the process of renegotiate Supervisor added that the soonest the attorney could have a bid packet ready for us would be next meehng anyway Supervisor will be away for a little bit but he will try to have something for next meehng.
BUDGET MEETING DATES: Supervisor spoke re. possible budget meehng dates. Sept 13. Sept 18 & possibly Sept 25. Budget sheets went out to all department heads He would like the 1 a' meehng to be 1ust the board MOTION TO SET BUDGET MEETING DATES FOR 2018 TOWN BUDGET: MOTION offered by Councilman Carey 2" Councilman Howell to set budget meeting dates for the 2018 town budget on Sept 13, Sept. 18 and Sept 25 at 6 00pm at the town hall in the meeting room All in favor: Howell, Carey, Volpe, Sutherland, Cambareri: camed. 81 REGULAR MEETING, TOWN OF MOUNT HOPE, AUGUST 7, 2017 www.townofmounthope.org MOTION TO ACCEPT RESIGNATION FROM POLICE OFFICER JASON BEEBE: MOTION offered by Councilman Cambareri 2"d Councilman Howell to accept resignahon from Jason Beebe effechve 8-8-17 All in favor Howell, Carey, Volpe, Sutherland, Cambareri camed
MOTION TO ACCEPT RESIGNATION FROM POLICE OFFICER PETER VANCURA: MOTION offered by Councilman Cambareri 2" Councilman Howell to accept resignation from Peter VanCura effective 8-8-17 All in favot. Howell, Carey Volpe, Sutherland, Cambareri. camed.
MOTION TO APPROVE HIRING STEPHEN WINCHELL AS A PART TIME NON-COMPETITVE POLICE OFFICER: MOTION offered by Counciltnan Carey 2" Councilwoman Sutherland to approve the hiring of Stephen Winchell as a part time non-competihve police officer effective 8-8-17. All in favor Howell, Carey. Volpe. Sutherland, Cambareri' carried.
MOTION TO APPROVE HIRING WILLIAM SHERWOOD AS A PART TIME NON-COMPETITIVE POLICE OFFICER: MOTION offered by Councilwoman Sutherland 2" Councilman Carey to approve the hiring of William Sherwood as a part time non-compehhve police officer effective 8-8-17 All in favor Howell, Carey. Volpe, Sutherland, Cambareri: camed
MOTION TO AUDIT THE CLAIMS: MOTION offered by Councilman Howell 2nd Councilman Carey to approve the following bills. GENERALA. #437-486 $106955.54 GENERALB #60-63 $ 1745.73 HIGHWAY: $ 33787.45 SEWER #114-117 $ 551982 CAP RES GEN#57-61 A. #1 40000.00 CAP RES GEN B: #10 $ 13760 96 All in favor. Howell, $ Carey, Volpe, Cambareri, nay - Sutherland, camed
PUBLIC PARTICIPATION: Diane Loeven: senior trip on August 20, 2017, she spoke re: Leo Ortiz/Veteran (she will give Matt his number) Hometown Helpers having a volunteer orientation for approx. 2 hours/no date yet but likely a week from Saturday at the village hall. She spoke re: moon festival and where the vendots set up. Chief explained the map given and where touch a truck was for community day She added that they did come to a village meettng Ctuef: they're closnqg at 8 but giving until 9 to disperse Supervisor asked her about the curtains for the senior center. She is waihng on the catalogs Supervisor noted we ate coming up on 2 year anniversary of CPR/AED class. He asked her to see if seniors would be interested. He spoke re: defensive driving class possibly He had a couple requests She noted that AARP holds the class for a nominal cost. Other people she contacted were much more expensive. She will ask the seniors. He asked her to let seniors know about the NARCAN class also on Sept 23, 2017 at 2pm. Councilman Carey added that defensive driving needs approval for class size through the state He uses Daytona and is sure if 25 people were committed he could probably get the instructor he pretty cheap but the other alternahve is to go online and do it. Mary Maurizzio thanked the town clerk for puthng her letter in the minutes She spoke re amendment to print size to an attachment from the previous minutes. Councilman Carey asked the attorney about the print size of minutes Atty Bavoso stated there's no provision in NYS law that dictates the font of minutes. Councilwoman Sutherland asked what they're required to have Bavoso there's nothing in NYS law that completely regulates content as long as if's an accurate representahon of what occurred at that particulai' meeting There's nothing that says minutes have to be verbatim nor nothing attached The board can approve the minutes as presented
BOARD COMMENTS: Councilman Howell asked about the alarm system and the new windows. Cambareri alarm company will have to be contacted Window bands were done a long time ago Councilman Carey thanked everyone for community day. He went to a village board last week He's a contractor for the village Today marks the 16'h month that we've not had a village liaison at a village board meeting. April 7, 2016 was the last ttme someone went He has an issue when certain things aren't relayed back/forth. Councilwoman Sutherland thanked Kathleen for all her hard work Councilman Cambareri asked Paul when he & Jim could meet with him to debrief about community day He said they're wide open and meet now that he's back from vacation Cambareri there's some things to go over for next hme. They agreed on the 1 5'h at 7pm Councilman Howell referred to the committee list. He went to an Assoc of Towns meeting He met with a rep from OC Partnership & talking with other officials in the county about how to get businesses into the town. This is something we looked into and will be part of the master plan 82 REGULAR MEETING, TOWN OF MOuNT HOPE, AUGUST 7, 2017 www.townofmounthope.org lf we're not on the map they won't come to town. He would like to have an addihonal duty to handle some economic development even if lust to be the contact person with these agencies. Supervisor Volpe has no problem with that. Only thing coming to town now is solar Some things he's heard that people would like to see out here is a pharmacy, mom-n-pop thnigs. Supervisor Volpe reminded everyone of the library dedication at the senior center on Thursday at 5pm
RESOLUTION TO ADJOURN MEETING: MOTION offered by Councilman Howell 2nd by Councilman Carey to adjourn the meeting at 8 57pm All in favor Howell, Carey, Volpe, Sutherland, Cambareri: camed. The next meehng is scheduled for August 21 ,2017 at 7 30pm at the Mount Hope Town Hall, 1706 Rte 211 West, Ohsville.
Respectfully submitted,
Kathleen A. Myers, RMC Town Clerk
This is to certify that this is a true and accurate copy of the information on the original local record on file with the Town Clerk's office of the ownofMo Hope,N.Y. 13D4ae>1 7 Do not accept this document unless the raised Seal of the issuing Iocality is affixed thereon.
83 REGULAR MEETING, TOWN OF MOUNT HOPE, AUGUST 7, 2017 www.townofmounthope.org LOC.-IL LAW N0. 2 0F 2017 .Al LOC.'kL LAW EST.'i BLISHING THE PROC UREM ENT POLIC 't' OF THE TOWN OF MOLiNT HOPE
Purpose:
Tlie Tosvn of Motint Hope seeks to update its Proctirement Polic> to ineet tlie inonetary tmesliold standai'ds cit' §I03(l ) of tlie Genei'al %ltinicipal Lasv of tlie State of Neis Yoi'k. Tlie Toisn of Motint Hope also seeks to einplos tl'ie =best valtie= approacli to pi'octireinent. Ptii'suant to §l03(l ) of tlie General Municipal Lavy. an> tise of tlie $est valtiea' approacli inust be atitlioi'ized b> local lass .
Legislation:
Tl'ie Tosvn ola Motint I-Iope does liereb> adopt tlie following procireinent policies and procedires:
Evei'y prospective ptircliase of goods oi- sei'vices sliall be evaluated to detei-mine tlie applicabilit of General I'vlunicipal Layv 103. Evei'v toisn officer. bo:ird. departinem liead or otliei' personnel ainorim oi' tlie iteins ot' suppl> or equipinem needed in a given tiscal year. Tliat estii'i'iate sliall incltide tl'ie canvass oF otl'ier toyvn depaitinents and past liistor> to detei'inine tlie likely yearl> valie ot' the coininodit> to be acquired. The infoi'mation gatliei'ed and conclusions reacl'ied sliall be docuinented aim ke1:il ivitli tlie file or otlier documentation supporting tlie purcliase actisitv
-2. All pui'cliasers of a.) supplies or equipinem syliidi will exceed $20.000 in tlie fiscal yeai' or b.) ptiblic tsorLs conti'acts over $35.000 shall be forinally bid ptirstiant to General Municipal Lasv 103.
-3. All estiinated pui'cliases ot':
*LeSS tllall $20,000 btlt -%"I'eatel' tllall $.).000 l'e(lllll'e a Wl'lttell t'eqtiest I-oi' a pt'oposal ( RFP )alld written/fax'einail qtiotes froin 3 vendors. *Less tlian !E5.OOO btit greatei- tlian $1.000 require an oi'al reqtiest For tlie goods and oi-al, fax. einail qtiotes Ij'oin 2 vendors. Less tlian S I .000 are lett to tlie discretion of tlie purcliaser.
All estiinated ptiblic woi'ks conti'acts of:
'Less tlian $35.000 but greater tlian $10,000 require a yvritten RFP and RFP and fax. einail. proposals Iaroin 3 contractoi's. "Less tlian $10.000 lytit greatei' tlian %l.OOO reqtiire a syritten RFP and Fax.einail. proposals froin 2 contractors. *Less tlian S 1,000 are leFt to tlie disci'etion of tlie ptircliasei-.
An> written RFP sl'iall describe tlie desired goods. qiantitv and tlie paiticulai's of delivei'>. Tl'ie purcl'iasei' sliall cotnpile a list of vendors t'roin wll0 ivi'itten.fax'oral'einail quotes liave been reqiested and tlie iyritten. fav 'oi'al en'iail quotes offered.
All inforinatioi'i gatliei'ed in con'iplying yyitli tlie procedui'es ot' tliis guideline shall lie preserved and tiled 'hitli tlie docrimemations supporting tlie sribseqriem pirchase of ptiblic is ork.s coi'itract.
-4, Tlie qtiote re1:ii'esenting tlie best valtie to tlie Toyvn sliall be assarded tlie ptircliase oi' ptililic tyoi'ks contract. If a bidder is not deeined responsible. facts suppoi'ting tliat judginent sliall albo be docuinented and filed ivitli tlie record suppoiting tlie proctireinent.
-5, A good f'aitli e('foi't sliall be i'iiade to oLitain tlie reqriired nuinber oi' proposals or qriotatinis. tlie ptii-cliasei' sliall doctiinent tlie atreinpt inade at obtaining tlie proposals. In no esent sliall tlie inabiliiy to obtain tlie proposals or quotes be a bar to tl'ie procui'einent.
84 REGULAR MEETING, TOWN OF MOUNT HOPE, AUGUST 7, 2017 www.townofmounthope.org
-6. Except wliei'i directed b> the Toisn Boai'd. no solicitafion ot' svi'itten proposals or quotations sliall be reqtiired under tlie Follossii'ig cii'cumstances:
.Acquisiticin of professional services: Einergencies: Sole sotirce sittiations: Goods ptii'cliased ft'oin agencies For tlie blind cir sevei'el> l'i:indicapped: Goods pui'cliased fi'oin coi'i'ectional facilities: Goods purchased fi'oin another goveriunental agent> : Goods purcliased at atictions: Goods purchased for less than S 1,000: Public woits contracts for Iess than S 1.000.
-7. Tliis 1iolic> shall be i'eviesved aimually by tlie Toivn Board at its org:inizalion meeting or as soon tliei'eatter as is reasonable and practical.
-8. Tl'ie Town Board inay asvai'd purcliase contracts and sei'xice contracts tliat liave been pi'ocui'ed ptii-stiant to competitive bidding or otlierwise rinder Nesv York General Mrinicipal Las'v § 103. Stibdivision I . or tliis cliapter b> eitlier tlie loss'est responsible bidder standard oi' tlie =best value= stai'idai'd.
A. =Best value= is definec'l in State Finance Lasv § 163 to inean =tlie basis for atvai'ding COlltl'aCtS 101' Sel'V ICeS t0 tlle Ottel'el' WIIICII OptimlZeS qtality. COSt alld ettlC{ellC:V. all10ll%'.-' responsive and responsiL+le off'erers. Stidi basis shall retlect. uilierever possilile. objective and quai'itifiable analysis. SLICII basis ina> also identity a qiantitative Factor for offerers tliat are sinall btisinesses or cei-tified ininority- or woinen-owned buSinesS enterprises as defined in Subdivisions I .7. 15 and 20 of :; 3 10 ol' ll'ie New York Execitive Law to be used in exaluation of offers for awarding oi' conti'acts I-or services.= Foi' purposes of tliis Guideline Nci. 9. tlie Tovvn Board adopts tlie above detinition oF =best value.' as tlie saine may Lie modified froin tiine to tiine L)y tlie State Legislature.
B. Pirsuant to Neiv 'Y'ork General Municipal Lasv § 103. Subdivision 1. the =best value= standard inay be used for ptii'chase contracts. including contracts for sei'vice work. but it excltides and ina> not be tised For any ptircliase conti'acts necessary For tlie coinpletion oF public works contracts pcii'suant to New York Labor Law Article 8.
C. %'henevei' any contract is awarded bx tl'ie Toyvn Board on tlie basis ol' =best valie instead ol tlie losvest responsible Liidder. tl'ie basis for deterinining =best valtit' yvill be tliorouglily aniJ accuratel> doctiinented. Stidi doctin'iei'itation inay incltide, btit is not necessaril> limited to. tl'ie cost of maintenance: durabilit>: availability of replaceinent paits or n'iaintenance conti'actoi's: longer prodtict liFe: prodtict perfonnance criteria: qualitv of craltsinansliip: or coinpatibility witli eyisting Toivn biildings or propert> .
-9. IF the monetarv tln'esliolds of' Nesy York General fvlinicipal Lasv § 103 are increased or decreased in tlie Ftiture b> tlie State Legislattii'e. tlie inonetar> tmesliolds set foitli Iierein uiill be deeined sii'i'uiltai'ieotishr ainended to inatcli tlie nesy General Mtinicipal Layv tlu'esliolds.
PLEASE TAKE NOTICE TO THE EXTENT TH.AT THIS LOCAL LA% M.AY CONFLICT WtTH APPLlC.'=BLE PORTONS OF THE TOWN LA'h OF THE STATE OF NE'i)v 'YaORK. IT IS THE STATED INTENTION OF THE TO'AN TO EXERCISE ITS AUTHORITY TO SUPERSEDE AND .AMEND. AS GRANTED llNDER THE MLINIOPAL HOME RULE LA'A OF THE STATE OF NE&' YORK. SECTION 10. THE TO'hN HEREBY PROVIDES NOTICE Tl-IAT IT S EXERCISING ITS AUTHORITY TO SUPERSEDL AND AMEND PURStJANT 'T'O MUNICIPAL HOME RLILE LA% OF THE STATE OF NEW YORK SECTiON 22.
85 FRAN(I;HISE AGQF,MENT
This Franchise Agreement ("Franchise") is between tl'ie Town of Mount Hope, New York, liereinafter refei-red to as tlie "Grantor" and Time Warner cable Nortlieast LLC, locally ki'iown as CHARTER COMA/l(JNICATIONS, hereinafter referred to as tl'ie "Grantee."
WHEREAS, in a full piblic proceeding affording due process to all parties. Grantor considered and found adeqiate and feasible Grantee's plans for constmcting and operating tlie cable television system, and Grantor considered and detem'uned tliat tlie financial condition, c1'iaracter, legal and technical ability of the Grantee are sufficient to provide services, facilities and equipment necessary to meet the triture cable-related i'ieeds of the commtimty; and WHEREAS, the Grantor finds tliat the Grantee lias substantially complied witli the material tei'i'iqs of ti'ie current Franchise under applicable laws, that tl'ns Francliise complies wit) New York Public Sei'vice Comn'iission's ("NYPSC") francliise standards under Title 16, Cliapter
York, and that tbe grant of a nonexclusive franchise to Grantee is consistent witli tlie public interest: and
WHEREAS, the Gi'antoi' and Grantee liave complied witli all federal and State-mandated procediral and substantive requirements pertment to tlns franchise renewal; and WHEREAS, Grantor desires to enter into t)'iis Francliise witli the Grantee for tlie construction and operation of a cable system on tlie terms set fortli lierein;
NOH', THEREFORE, the Grantoi and Grantee agi'ee asfollossrs:
SECTION 1 Definition of Terms
1.1 . For the purpose of this francliise the following terms, pl'irases, words and their derivattons sl'iall have the meanuqg ascribed to tliem in the Cable Commumcations Policy Act of 1984, as at'nended from Ome to time (tlie "Cable Act"1, mless otherwise defined hereu'i. Wlien not inconsistent with the context, words ised in tlie present tense include tlie fiitrire, words in tlie number. Tbe word "shall" is mandatory and may is pei'missive. Words not defined sliall be giveii tlieir con'imon and ordinary ineaning.
A. "Cable Systen'i," "Cable Service," and "Basic Cable Sei-vice" shall be defined as sel fortl'i in the Cable Act.
B. =Board" sliall mean the governing body of the Grantor. C. "Cable Act" shall mean tlie Cable Communication Policy Act of 1984, as amended, 47 u.s.c. §§ 521, et. seq.
D. "Cl'iannel" shall mean a portion of tlie electromagnetic freqiency spectnim whicli rs used in a cable system and wlndi is capable of delivering a television cliaimel.
l "Equipment" sliall mean any poles, wires, cable, antennae, underground conduits, manlioles, and otlier conductors, fixtiires, equipment and other facilities used for t)ie mamtenance and operation of pliysical facilities located 111 the Streets, including the Cable System.
"FCC" sliall mean the Federal Comn'itinications Commission ai'id any successor govenunental entity thereto. G. "Francliise" sliall mean the non-exclisive rights granted pursuant to this Franchise to coiistmct operate and maintain a Cable System along tlie piblic ways within all or a specified area in the Francliise Area.
"Francliise Area" sball mean the geographic boundaries of the Franchise Autliority, and shall n'ichide any additions thereto by annexatton or other legal tneanSi
"Gross Revenues" shall mean all revcnues, as detennined in accordance with generally accepted accounting principles, actually received by Grantee from Subscribers residing witl'iin tlie Franchise Area for Cable Servtces purchased by sucli Sribscribers on a regular, recui'ring monthly basis. Gross Revemies shall not include (l) any taxes, fees or assessments collected by tlie Grantee from Subscribers for pass-throigh to a govemn'ienl agei'icy. including tlie francliise fee and any state or federal regulatory fees: (2) bad debt; (3) credits, refunds and deposits paid to Subscribcrs; (4) any cxclisions available under applicable State law.
"Person" shall mean an individua, partnership, association, organization, corporation, tnist or governmental entity.
"Service Area" sliall mean tlie area desci'ibed in subsection 6. I berein.
"Standard lnstallation" shall mean installations to residences and buildings that are located tip to 150 fect from tlie point of connection to Granteeas existing distribution system.
"State" shall mean tlie State of New York.
Street" sliall include eacli of tlie following located witliin tl'ie Franchise .%ea: lanes, alleys, sidewalks, circles. drives, easements, riglits of way and similar
compatible uses now or hereafter held by tlie Grantor in the Franchise Area, whicli shall entitle the Grantee to the use thereof for tlie pirpose of installing, operating, extending, repairing and maintaining the Cable Systet'n.
"Subscriber' shall mean any Person lawfully rcceiving Cable Set-vice from lhe Grantee. SECTION 2 Grant of Francliise 2.1 Grant. The Grantor hereby grants to tlie Grantee a nonexclusive Francliise wliic)i atitliorizes tlie Grantee to erect, construct, extend, operate and maintain in, ipon, along, across. above, over and under the Streets, now in existence and as may be crea(ed or establislied diring its terms, all Equipment, including the Cable System. Notliing in tliis Francliise shall be construed to prohibtt tlie Grantee from offering any semce over its Cable System tliat is not proliibited by federal or State law.
2.2 :. The Franchise and the rights, privileges and aithority hereby granted shall be for an initial term of fiftccn (15 )years, cotnmencing on tlie Effective Date of tliis Francliise as set fort)i in Section 15.13.
2.3 police Powers. The Grantee agrees to comply witl'i tl'ie terms of any lawfully adopted generally applicable local ordinance necessary to the safety, liealtl'i, and welfare of tlie piblic, to the extent that the provisions of tbe ordmance do not liave tlie effect of limiting tlie benefits or expanding the obligations of the Grantee tliat are granted by tlus Francl'iise. Tliis Franchisc is a contract and except as to those changes wliicli are tlie result of tlie Grantoras lawfiil exercise of tts genera1 pohce power, the Grantor may not take any milateral action w!iicli materially changes tlie rraitual promises in tliis conti'act.
2.4 Restoration of IVlunicipal ;roperty. Any municipal property damaged or destroyed by Grantee sliall be pron'iptly repaired or replaced by tlie Grantee and restored to serviceable condition.
the streets or public rights-of-way of the Francliise Area or be allowed to operate witl'ioit a Cable System Francliise.
SECTION 3 Franchise Rcnewal
3.1 Pt-ocedures for Renewal. Tbe Grantor ai'id the Grantee agree that any proceedings undertaken by the Grantor that relate to the renewal of the Grantee's Francliise sliall be govei'ned by and comply wtth the provtstons of Section 626 of tlie Cable Act, or any SLCII sriccessor statute.
SECTION 4 lndenmification and Insurance
4.1 lndemri.tiqation. Tlie Grantee shall, by acceptance of the Franchise granted lierein, defend tlie Grantor. tts officers. boards, commissioi'is, agents, and employees for all claims for injui'y to any Person or property carised by tlie negligence of Grantee in tlie constmctioi'i or operatton of tbe Cable System and in the event of a determination ofliability sliall indeinnify and hold Grantor, its officers, boards, commissions, agents, and employees Iiarrnless [rom any and all Iiabilities, clatms, demands, or judginents growmg out of any n'iBiry to any Person or property as
3 n'iaintenance, operation or removal of its wires. poles or other equipment of any kind or cltaracter tised in connection witli tl'ie operation of the Cable System, provided that the Grantor shall give the Grantee written nottce of its obligation to indenmify the Grantor wtthin ten (10) days of receipt of a claim or actton pursuant to this sechon. ln the event any SLICII claim artses, tlie Grantor sliall tender the defense thereof to tlqe Grantee and the Grantee shall have the right to defend, settle or comprot'nise any c!aims arising hereunder and the Grantor shall cooperate filly lierein. lf the Grantor determmes in good faitb that tts utterests cannot be represented by tlie Grantee, tbe Grantee shall be excused from any obligation to represent the Grantor. Notwitlistanding the foregoing, tl*e Grantee shall not be obltgated to indemmfy the Grantor for any dainages, liability or claims resultiiig from tlie willfiil miscondict or negligence of tlie Grantor or for tlie Grantor's use of the Cable System.
4.2 Insurance.
A. Tbe Grantee sball maintain throughout tbe term of the Franchise insurance in amoints at least as follows:
Workers' Compensation Statiitoi'y Limits
Con'iinercial General Liability S 1,000,000 per occui'rei'ice, Combined Single Limit (C .S.L.) S2,000,000 General Aggregate
all owned, non-owned hired aitos
Umbrella Liability $1.000,000 per occurrence C.S.L.
B. The Grantor sliall be added as an additional insured, arising oit of work perfonned by Cliarter, to tlie above Commercial General Liability, Auto Liability and Umbrella Liability insurance coverage.
C.
SECTION 5 Service Obligations
5.1 No Discrimination. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers. Channel users, or general citizens on tlie basis of race, color, religion, national origin, age or sex. Grantee shall not deny access to Cable Sei-vice to any groip of potential residentia1 subscribcrs becarise of tlic incomc of tlie residents of tl'ie local area in whicli sudi groip resides. 5.2 Privacv. Tlie Grantee sliall rtilly coinply with tl'ie privacy rights of Sibscribers as contained in Cablc Act Section 63] (47 u.s.c. S) 551).
SECTJON 6
4 Service Availability
6.I Service Area. Tbe Grantee shall make Cable Service distributed over the Cable System available to evet'y residence within the Franchise Area where there is a mininmm density of at least twenty-five (25) residences pei' lineai' strand inile or aei-ia1 cable as ineasured froi'n Grantee's closest tecl'inologically t'easible tie-in point tltat is actively delivering Cable Sei'vice as of the date of sucb request for set'vtce (the "Servtce Area"). The Cable Set-vrce will be provided at Grantee's piblislted rate for standard installations if sucli a residence is a Standard lnstallation. Notwitl'istanding the foregomg, the Grantee shall have the rigbt, but not the obligation, to extend tlie Cable System into any porhon of the Franchise Area w)iere anotlier operator is providing Cable Set'vice, or into any annexed area which is not contiguous to the Service Area. Grantee sliall not be obligated to provide service to any area where it is financially or technically infcasible to do so. Grantee al tts discretion may make Cable Set-vtce available to busntesses witliin the Service Area. 6.2 !jubscriber Charges for Extensionsqf the Calrle System. No Subscriber shall be refused service arbitrarily. However, if an area does not meet the density requirements of Section 6. 1 above, the Grantee sball only be required to extend the Cable System to Subscribers in tliat area if the Subscribers are willing to share tlie capital costs of extending the Cable Sysiem in accordance witli tlie applicable provisions Section 895.5 of tlie regulations of tlie NYPSC. Tlie Grantee may reqture that payment of the capital contributton m aid of constmctton bome by
standard/non-standard installation chat-ges to extend the Cable System from the tap to tlie residence. 6.3 Abandonment of Service. Grantee shall not abandon atty Cable Sei'vicc or poition thereof without the Grantor's written consent.
6.4 New Development lJndergro.un.4. In cases o[ new construction or property development where uttlities are to be placed inderground, tlie Grantor agrees to require as a condition of issuing a perrnit foi' open trencliing to any developer or property owner tliat sicli developei- or property owner give Grantee at least tlyirty (30) days prior written notice of such consti'uction or development, and of tl'ie paiticilar dates on wlucli open trencliing will be available for Grai'itee's mstallation of conduit, pedestals and/or varilts, and laterals to be provided at Grantee's expense. Grantee shall also provide specifications as needed for trenching. Costs of trencliii'ig and easements rcqiired to brmg sei'vice to the development sliall be boi'ne by the developer or property owner; except tliat if Grantee fails to install its conduit, pedestals and/or vatilts, and laterals wtthut fifteen (15) worku'ig days of tlie date the trenches are available, as designated in the written notice given by the developer or pi-operty owner, then should the trenclies be closed after tlie fifteen day period, tlie cost of new trencliing is to be borne by Grantee.
6.5 Annexation. Tlie Grantor shall promptly provide written notice to the Grantee of its annexation of any tenitory wliidi is being provided Cable Service by tlie Grantee or its affiliates.
'written notice from tl'ie Grantor, subject to tlie conditions set forth below and Section 6. l above. Tlie Grantor sliall also notify Grantee m writing of all new street address assigim'ients or changes
5 witl'iin the Franchise Area. Grantee shall within ninety (90) days after receipt of tlie annexation notice, pay the Grantor franchise fees on reveruie received fron'i tlie operation of tlie Cable System to provide Cable Set-vices in any area annexed by the Grantor if tlie Grantor has provided a written annexation notice that includes tbe addresses tliat will be moved into tlie Francliise Area in an Excel fonnat or in a fonnat tltat will allow Grantee to chai'ige its billing system. If tlie annexatton nottce does not mclude tlie addresses that will be moved into the Franchise Area. Grantee shall pay franchise fees within ninety (90) days after it receives tlie annexed addresses as set forth above. All nohces due under tlns sechon shall be sent by certtfied mail, retiirn receipt requested to the addresses set Forth in Section 15.7 with a copy to tlie Director of Government Affairs. In any aridit of franchtse fees due under this Francl'iise, Grantee sliall not be liable for information tliat i'neets tlie standards set foitli in tliis section.
SECT}ON 7 Construction and Technical Standards
7.1 Compliance with Codes. All construction practices and installation of eqiipment sl'iall be done nt accordance wtth all applicable sechons of the National Electric Safety Code. 7.2 Construction Standards and Requirements. Grantee sliall construct and maintain its Equipment using materials of good and durable quality and shall ensure that all work involved in t)'ie constntctton, installation, mauttenance, and repair of tbe Cable System sliall be performed in a safe, tliorotigli and reliable manner.
7.3 Safetv. Tl'ie Gran(ee shall at all times employ ordinary care and sliall ise commonly accepted metliods ai'id devices preventing failures and accidents whicl'i are likely to caise damagc.
7.4 Network Technical Requiyqments. Tlie Cable System sliall be designed, consti'ucted and operated so as to meel those techmcal standards adopted by the FCC relating to Cable Systems contauted in part 76 of the FCC's rules and regulations as may be amended from tune to time. The Cable System sliall provide for a mmimum Cliannel capacity of at least seventy-seven (77) Channels.
SECTION 8 Conditions on Street Occupancy
8.1 General Conditions. Grantee sl'iall liave the right to itilize existing poles, conduits and otlier facilities whenever possible, and sliall not construct or install any new, different, or additional poles, conduits, or other facilities on piblic property provided Grantee is able to access existing poles, conduits, or otlier facilities on reasonable tern'is and conditions.
8.2 Ur4derground Construction. Tl'ie [acilities of tlie Grantee shall be installed underground in tliose Sei-vice Areas where existmg telepl'ione and electric services are botli inderground at the time of system construction. In areas wliere eitlter teleplione or electric titility facilities are installed aerially at tlie time of system constniction, tlie Grantee may install its facilities aei-ially wttlt tlie understandtng that at sucl'i time as tlie existing aerial facilities are required to be placed undergroind by the Grantor, the Grantee sliall 1ikewise p1ace its facilities rmderground. In tl'ie 6 event Grantor or any agency thereof directly or indirectly reimburses any itility for tlie placement of cable undergroind or tlie movement of cable, Grantee sliall be smiilarly reimbirsed. 8.3 Cpn.struction Codes and Permits. Grantee sl'iall obtain all legally reqiired pennits before cormi'iencing any coi'istruction work. including tl'ie opening or disnirbance of any Street witliin tlie Francl'iise Area, )irovided tliat sucli perrmt requirements are of general applicability and such pennilting requtrements are uniforinly and conststently applied by tlie Grantor as to olber public itility compames and other entittes operatutg m the Franchtse Area. Tlie Grai'itor sliall cooperate witli ilie Grantee in gi'anting any penmts required, providing sticli granC and
Notwitlistanding tlie above, the Grantee inay set off any administrative pei'mit fees or otlier fees required by the Grantor t-elated to the Grantee s use of Grai'itor rigl'its-of-way agamst tlie fi'ancliise fee payinents reqriired under Section 10. l of tliis Francliise.
convenience of property owners and at all times sliall be kept and maintained ii'i a safe, adequate and substantial condition, and in good order and repair. The Grantee sliall, at all times, employ ordinary care and rise con'imonly accepted metliods and devices for pi'eventing failures and barricades, flags, liglits, flares or other devices sl'iall be used at sucli times and places as are reasonably reqiired for tlie safcty of all members or tlie priblic. Any poles or otlier fixtures tl'ie usual travel on sucli piblic way.
8.5 Restoration of Public Wavs. Grantee shall, a( its own expense, restore any damage or tl'ie Cable System to a condition reasoxiably comparablc to tlie condition of tlie Streets inm'iediately prior to sricli damage or distiirbance. property at its own expense as may be necessary to protect its wires and f'acilities. 8.7 8elocation foi' tlie Grantor. T!ie Grantee sliall, ipon receipt of reasonable advance written notice, to be not less tlian ten (10) business days, protect, support, temporarily disconnect, relocate, or remove any propeity of Grantee wliei'i lawfully reqrured by tlie Grantoi- pirsriant to its police powers. Grantee sliall be responsible for any costs associated with tliese obligations to tl'ie same extent all otlier isers of tlie Grantor rights-of-way are responsible for the costs related to tlie i-elocation of tlieir facilities.
8.8 Relocation for a Tliiyd Party. Tlie Grantee sliall, on tlie reqiest of any Persoi'i l'iolding a lawful penmt issied by tlie Grantor, protect, support, raise, lower, temporarily disconnect, relocate in or remove from the Street as necessary any property of tlie Grantee, provided that the expense of such ts paid by any such Person bei'iefiting from tlie relocation and tlie Grantee is given reasonable advance wrilten notice to prepai'e for stich clianges. Tlie Gi'antee may reqriire sicli payment in advance. For pui'poses of tlns subsection, "reasonable advance written notice
7 shall be no less than ten (10) business days in tlie event of a temporary relocation and no )ess t1'ian one tmndred twenty (120) days for a pern'ianent relocation.
8.9 Reimbui-sement of Costs. lf funds are available to any Person using tlie Streets for tlie pu'pose of defraying tlic cost of any of tlie foregoing, tl'ie Grantor sliall reimburse the Granlee in The same t'nanner in which otber Persons affected by the rcquirement are reimbursed. ff tlie funds are controlled by anotl'ier govemmental entity, tlie Grantor sliall make application for sich iamds on behalf of tl'ie Grantee.
8.10 Emergency Use. Grantee shall comply with 47 U.S.C. 544(g) and all regtilations issued pirsuant tliereto with respect to an Emcrgency Alert System ("EAS). if llie Grantee provides an EAS, tlien tlie Grantor sliall pennit only appropriately trained and aitliorized Persons to operate the EAS equpinent and shail take reasonab)e precautions to prevent any use of the Granteeas Cable System uy any manner that results m mapproprtate use thereof, or any loss or damage to the Cable System. Tbe Grantor shall hold the Grantee, rts employees, officers and assigns hannless from any claims or costs arising out of use of tlie EAS, mcliding, but not limited to, reasonable attorneys' fees and costs.
SECTION 9 Service and Rates
9.1 Phone Service. The Grantee sliall maintain a toll-free telephone number and a phone service operated to recetve complaints and requests for repairs or ad)ustments at any tune. 9.2 Notification of Service Procedures. The Grantee sliall fiu'nisli eacli Subscriber at tlie time service is installcd, written instructions tliat clearly set fortli infon'nation conceming tlie procedures for making inqtunes or comp1amts, including tlie Grantee's name, address and local telelilione mimber. Grantee slqall give t)ie Grantor tlmty (30) days prior noticc of any rate increases, Channel linerip or other substantive semce clianges. 9.3 Rgte 18egulation. The rates and cliarges [or Cable Service provided pirsuant to tliis Franchise shall be subject to regtilation in accordai'ice witli federal law. If and when exercising rate regulation, the Grantor shall abide by the terrns and conditions set fortl'i by the FCC. Notl'iing 1'ierem sliall be construed to linm the Grantee's abiliy to offer or provide bulk rate discounts or promotions.
9.4 Continuitv of Servic@. It st'iall be tl'ie riglit of all Subscribers to coi'itimie receiving Cable Service insofar as their financial and other obligations to the Grantee are lionored, and subject to Grantee's rights under Section 5.2 of tliis Francliise.
SECTION 10 Franchise Fee
10.1 Amount of Fee. Grantee sball pay to tl'ie Grantor an anmial ti'ancliise fee in an amoint
to Stibscribers as a line item on Subscriber bills or othcrwise as Grantee cliooses. consistenl uiitl federal law. The amount of francbise faee and the metl'iod of calculation shall be equal wlien compared to the amount or method of calcilation of tlie francliise fee in aiiy otlier cable franchise
8 or authorization to provide video set-xtice granted by Grantor. n the event any other cable francl'iise or authorizatton to provtde vtdeo set-vtce provtdes for a lesser francliise fee than this Franchise, Grantee's obligatton to pay a franchise fee under this Section )0. l sliall be reduced by an eqtiivalent amotii'it.
0.2 Payment of Fee. Payment of the fee due the Grantor sliaH be made on an anrmal basis, within forty-five (45) days of the close of each calendar year. The payment period and tlie collection of the fi'anchise fees tbat are to be paid to t)ie Grantor pirsuant to tlie Francliise sliall commence sixty (60) days a[ter tl'ie Effective Date of tlie Franchise as set fortli in Section 15. 13. Ii'i tl'ie event of a dtspute, the Grantor, if it so reqiests, sliall be furnisl'ied a statement of said payment, rctlectmg tlie Gross Reverrues and tl'ie applicable cliarges. 10.3 Accord and Satisfaction. No acceptance of any payment by tbe Grantor sliall be construed as a release or as an accord and satisf,iction of any claim tlie Grantor in:iy liave for additional sums payable as a francliise [ee tinder this Franchise. 10.4 Limitation on Recovery. Tl'ie period of limitation for recovery of any francliise fee payable hereunder shal1 be three (3) years froin tlie date on wl'iich payment by tlie Grantee was
10.5 No auditor engaged by thc Grantor sliall be coinpensated on a siccess based foimula (e.g., payment based on a percentage of an rindeipayment, if any).
SECTION 11 Transfer of Franchise
11.1 Franchise Ti-ansfer.. Grantee shall provide at least sixty days notice to Grantor prior to completion of a transaction that results in ti'ie sale, transfer, or assignnient of tlie Francliise. Tlie Franclnse grai'ited hereunder sltall not be assigned, otlier tlian by operation of law or to an entity controlling, controlled by, or under common control with tlie Grantee, witliout the prior consent of tlie Grantor, such consent not to be inreasonably witb)'ield or delayed. No sridi consent sliall be required, however, for a transfer in trust, by mortgage, by otlier liypotliecation, or by assignment of any riglits, title, or interest of tlie Grantee m tl'ie Franchise or Cable Systein to secure mdebtedness. Witl'im thnty (30) days of receiving a reqiest for review covered by tlus Section, the Grantor shall notify t)ie Grantee in writing of any additional iiiformation it
f the Grantor has not taken action on tlie Grantee's request for transfer witliin one tmndred twenLy (120) days after receiving sucli reqiest, consent by tlie Grantor sl'iall be deemed given.
SECTION 12 Records
12.1 Ipspeqjj.on of Records. Grantee sliall permit ai'iy drily aritliorized representative of tlie Grantor, upon receipt of advance written notice, to examine during nonnal busii'iess l'iours and on a non-disruptive basis any and al1 of Grantee's records pertaimng to Grantet's prosrision of Cable Sei'vtce tn the Francluse -Area mauitanied by Grantee as is reasonably necessai'y to ensure Grai'itee's compliance wtth tlie material terms of tlie Franchise. Sucli notice slial) specifically reference tlqe subsectron of d'ie Frai'ichise that is under review so that tlie Grantee may orgamze
9 the necessai-y books and records for easy access by tl'ie Grantor. Tlie Grantee sliall not be required to maintam any books and records for Francliise compliance purposes longer than three (3) years. The Grantee shall not be required to provide Subscriber uqfonnation m vtolation of Section 631 of the Cable Act. The Grantor agrces to treat as confidential any books, records or maps tliat constitute proprietary or confidential mformation to the extent Grantee makes tlic Grantor aware of such confidentiality. If tlie Grantor believes it must release any sucli confidential books or records in the course of enforcing tl'iis Francliise. or for any other reason, it sliall advise Grantee in advance so that Grantee may take appropriate steps to protect its interests. Until otherwise ordered by a court or agency of con'ipetent 3urisdiction, the Grantor agrees tl'iat, to t)ie extent permitted by Siate and federal law, ii sliall deny access to any of Grantee's books and records inarked confidential, as set fortli abovc, to any Person.
SECTION 13 Public Education and Government (PEG) Access
13.1 PEG Access. Grantee sliall make available cliannel capacity for non-commercial, video programming for piblic, educational and governn'iental ("PEG") access use in accordance witli Section 895.4 of tl'ie NYPSC t-egulations and will coml'ily wtth the rrnmmum standards set foith tlierein. Such PEG cliannel capacity inay be sl'iared witli oti'ier localities served by Grantee s cable system, and Grantor hereby aitliorizes Grantee to (ransmit PEG access programming aritliorized lierein to stidi otlier localities. The tier of service on wliicl'i such PEG cliannel(s) may be placed sball be determined by Grantee in accordance with applicable law.
SECTION 14 Enforceinent or Revocation
4.1 Notice of Violation. If tlie Grantor believes that tlie Grantee lias not coinplied witli tlie tenns of tl'ie Francl'iise, tlie Grantoi- slial! tirst inforinally discuss the matter witli Grantee. If these discrissions do not 1ead to resohition of tlie problem, tl'ie Grantor sball noti fy the Grantee in writing of tl'ie exact natiii-e of the alleged noncoinpliance (tlie "Violation Nohce").
receipt of t)ie Violation Notice to (i) respond to tl'ie Grantor, contesting the assertion of noi'icompliance, oi' (ii) to cire sucli default, or (iii) if, by tl'ie i'iature of defarilt, such default cannot be cured witlnn tlie thirty (30) day period, imtiate reasonable steps to remedy sucli defatilt and notii'y tlie Grantor of tlie steps being taken and tlie pro3ected date that they will be completed.
14.3 Public Hearing. lf the Grantee fails to respoi'id to tlie Violation Notice received from the
schedule a piblic liearing if it intends to contirme its investigation into the default. The Grantor shall provide tlie Grantee at least twenty (20) days prior wrmen notice of sucli liearing, which specifies the tune, place and puipose of sud'i ltearing, nohce of whtch shall be pubhslted by the Clerk of tl'ie Grantor in a newspa1:ier of general circulation witliin tlie Grantor in accordance witl subsection 15.8 liereo[. At the hearing, the Board shall give tl'ie Grantee an opportumty to state its position oii tlie matter, present evidence and question witnesses, after whicl'i it sl'iall determine whetlier or not tl'ie Franchise sliall be revokcd. Tlie piblic l'iearing sliall be on tlie record and a
10 written transcript sball be made available to tlie Grantee witiiin ten (10) bisiness days. The decision of the Board shall be made in writing and shall be delivered to tlie Grantee. Tlie Grantee may appeal such deternqination to an appropriate cont, whicli shall liave the power to reyiew tl'ie decision of tlie Board de novo. The Grantee n'iay contu'iue to operate tlie Cable System intil all legal appeals procedures have been exliausted.
14.4 Enforceinent. Stibject to aplilicable federal and State Iaw, in tlie event tlie Grantor, after the hearing set forth in subsectton 14.3 above, deterrnines tliat tlie Grantee is m defiuilt of any provision of tlie Francliise, tlie Grantor may: A. Seek specific perfonnance of any pi-ovision, whicl'i reasonably iends itself to such reinedy, as an altemative to damages; or B. Commence an action at law for monetary damages or seek otl'ier eqriitable relief; or
C. In the case of a subslantial defarilt of a matei'ial provision of tlie Francliise, seek to revoke tlie Francliisc itselfin accordance witli sribsection 14.5 below.
4.5 Revocation.
A. Prior to revocation or tern'iination of tlie Franchise, the Grantor sliall give written notice to tlte Grantee of its intei'it to revoke tl'ie Francliise on tl'ie basis of a pattei-n of noncompliance by the Grantee, including one or more instances of sibstantial noncompliai'ice witli a material provision of tlie Franchise. The notice sl'iall set fortli tlie exact nanire of tlie noncompliance. Tlie Grantee sliall have sixty (60) days from sucli notice to either object in writing and to state its reasons for sich ob)ection and provide any explanation or to cure tlie alleged noncompliance. If tlie Grantor lias not i-eceived a satisfactoi'y response from Grantee, it may then seek to revoke tlie Francluse at a public liearuig. The Grantee shall be given at least tliirty (30) days prior written notice or SLICII piblic hearing, speci[ying tl'ie ttme and place of such hcaring and stating its intent to revoke the Franchise. Tlie public liearuig shall be conducted m accordance with tlie requrements of Section 14.3 above.
B. Notwitbstanding the above provisions, tlie Grantee resei'ves all of its riglits inder federa1 law or regulation. C. Upon revocation of the Franchise, Grantee may remove tl'ie Cable Systein from tl'ie Streets of the Grai'itor, or abandon tlie Cable Systen'i in place.
SECTION 15 Miscellaneous Provisions
15.1 Compliance with Laws. Grantor and Grantee sliall confon'n to all applicable statc and federal laws and i'ules regarding cable television as tliey become effective. Grantee sliali also
11 confonn with all generally applicable Grantor ordinances, resoltitions, rules and regulations heretofore or hereafter adopted or established during the entire term of the Franchise. In tlie provisions of this Franc)iise, the provisions of this Francliise slia!l gosiern. 15.l.l Employment Practices. Grantee will not refuse to liire, i'ioi- will it bai- or discharge from employment, nor discriminate against any person in compei'isation or in tenns, conditions, or prtvileges of employment because of age, race, creed, color, national origui, or sex.
15.2 Force(lriajeure. The Grantee shall not be held in default under, or in noncompliance witlt the provisions of Lhe Franchise, nor suffer any enforcemei'it or penalty relating to noncompltance or default, where such noncompliance or alleged defaulls occurred or were caused by ctrcumstances reasonably beyond the ability of the Grantee to anticipate and control. or monitor their utility poles to which Granteeas Cable System is attaclied, as well as unavailability of matertals and/or qualified labor to perfoi'n'i tl'ie work necessary. 15.3 Minor Violations. Furtbermore, the parties Iiereby agree tliat it is not tlie Grantor's mtennon to subject the Grantee to forfemires or revocation or tlie Franchise for violations of the Franctuse where the violahon was a good faith ei'ror that resilted in no or minimal negative
practical difficulties or liardship to tlie Grantee whic)i otitweiglis tl'ie benefit to be derived by tlie Grantor and/or Subscribers
15.4 Action pf Parties. In any action by tlie Grai'itor or tlie Grantee tliat is mandated or pennitted under tlte tenns hereof, sttdt party sltall act in a reasonable, expeditiois and timely
hereof, sucli approval or consent shall not be unreasonably withlield. 15.5 Equal Protection. If any other provider of cable services or video services (witlioit
by any other Slate or [ederal governn'iental entity to provide sucli services using facilities located wbolly or partly in the publtc rights-of-way of tl'ie Grantor, tlie Granlor shall ensure that tl'ie terms apphcable to such other provider are no more favorable or less burdensome tlian tliose applicable to Grantee. If tbe authonzation applicable to sucli other provider contains franchise fee, PEG, free service, rigl'it-of-way, or other terms imposing monetary or regulatory brirdens tliat are more costly or less burdensome tlian tlie coi'responding obligations imposed ripon Grantce, Grantor shall, within thirly (30) days of a written reqriest from Grantee, modify this Franchise to insure that the corresponding obligations applicable to Grantee are no more costly or burdensome tlyan those nnposed 011 tlqe new competmg provider. lf tlie Grantor fails to make modifications consistent witli tliis reqiireinent, Grantee agrees not to enforce sucli corresponding obligatioi'is in this Franc)'iise beyoi'id the reqnrements imposed by the less costly or less burdensome obligations in such coinpeting provideras autliorization. As an altemative to tlie equal protection procedires set forth lierein, tlie Grantee shall liave the riglit and may choose to have tlus Franclnse witli tlie Grantor be deeined expired thirty (30) days after written notice to
12 tlie Grantor. Notliing in this Franchise shall impair the right of the Grantee to terminate this Franchise and, at Grantee's option, negotiate a renewal or replacement francliise. license, consent, certificate or other authonzatton with any appropnate govenm'ient enttty. Notliing in tliis Section 15.5 shall be deen'ied a watver of any remedies available to Grantee inder federal. state or municipal law, inchtding but not limited to Section 625 of the Cable Act, 41 u.s.c. 8, 545.
15.6 Cliange in L,xw. Notwithstanding any other provision in this Francl'iise, in tbe event any change to state or federal law occxiniiig diring tlie terin of tliis Francliise eliminates tlie
Area to obtain a franchise froni the Grantor, then Grantee shall l'iaye the right to tenninate this Franchise and operate the system under the terms and conditions establislted in applicable law. lf Grai'itee cliooses to teri'ninate tlus Franchise pirstiant to tliis provision, tliis Francluse sliall be deemed to have expired by its tetms on tbe effective date of any such cbange in law, wbether or provided in any existing franchise.
15.7 . Unless ot)iei'wise provided by federal, State or local law, all notices pursuant to tliis Frai'icliise sliall be in writing and sliall be deemed to be sufficiently given ipon delivery to a nationally or intei'nationally recognized coirier service sucli as Federal Express or electronic n'iail commumcation to the designated electronic mail address provided below. Grantee sliall provide tlurty (30) days' written notice of any clianges in rates, programmii'ig services or Cliannel positions using any reasonable writtcn means. As set fortli abovc, notice sei'ved upon tl'ie Grantor sliall be delivered or sent to
Grantor: Town of Mt. Hope Attn: Supervisor 1706 Roitc 21lW Otisville, NY 10963 Emait,: [email protected]
Grantee: Kevin Egan Director, Government Affairs 20 Cemury Hill Drive Latliam, NY 12110 Einail: [email protected]
Copy to: Cliarter Comrminications Attn: Vice President, Government Affairs 12405 Powerscorirt Di-ive St. Loiis. MO 63131
15.8 Public Notice. Minimum public notice of any piblic meeting relating to tliis Franchise or any such grant of additional francliises, licenses, consents, ceitificates, autliorizations, or exemptions by tlie Grantor to ai'iy otlier Person(s) to provide Cable Sei'vices, video services, or otl'ier television sei-vices utilizing any systein or tecl'ii'iology i'eqrnring ise of tlie ptiblic riglits of
13 way shall be by publication at least once in a newspaper of general circulation in the area at least ten (10 )days prior to tlic mceting and a posting at tlie admimstrative biildings of the Grantor. 15.8.l Grantor sl'iall provide written notice to Grantee witliin ten (10) days of Grantor's receipt from any other Person(s) of an application or request for a francliise(s). Iicense(sl consent(s), certificate(s), aitliorization(s), or exemphon(s) to provide Cable Sei'vices, video servtces, or othcr television services utilizing any system or teclinology requiring ise of the public riglits of way. Any public liearings to consider sucl'i application or request sl'iall liave the same notice requirement as oitlmed u'i Paragrapli 15.8 above. 15.9 . If any section, stibsection, sentence, clatise, plirase, or portion of tliis jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding sliall not affect tlie validity of the remainmg portions of this Franchise.
15.10 Entire Agreement. This Francliiseand any Exliibits liereto constitite the entire agreement between Grantee and tlie Grantor and they supersede all prior or contemporaneois agreements, representations or inderstandings (whetlier written or oral) of the parOes regarding the subject matter hereof. 15.11 Administration of Franchise. Tlie Board or srich otlier person as may be designaled and supervtsed by the Board, is responsible for the contmung administration of the Francliise. This Franchise ts a contract and neitlier paity may take any milateral action that n'iaterially clianges the mutual promises and covenants contained lierein. Any changes, modifications or amendments to this Frai'icliise must be made in uiriting, signed by tlie Grantor and tlie Grantee. Any determination by the Grantor regarding tlie interpretation or enforcement of this Francliise sl'iall be subject to de novo jidicial review. 15.12 NX!)SG Appr.oy.a!. This Francliise is subject to tlie approval of tlie NYPSC. Grantee shall file an application for such approval wtth tbe NYPSC witliin sixty (60) days after tlie date tbe Franchtse ts approved by Grantor and accepted by Grantee. Grantee sliall also file any necessary notices with tlie FCC.
15.13 8ffective Date. Tlie Franchise granted lierein will take effect and be in full force from the date of approval by the NYPSC ("Effective Date"). If any fee or grant tliat is passed throigh to Subscribers is requred by this Francliise, otl'ier tlian the francliise fee, sucl'i fee or grant sliall go into effect sixty (60) days after tlie Effective Date of tl'iis Francliise.
15.14 No Third PartyBenetiqiaries. Notliing in this Francliise is intended to confer tl'iird- party beneficiat'y status on any person otlier tlian tlie parties to this Franchise to enforce tlie temis of tliis Francl'iise.
Considered and approved tliis day of ,20
14 Name/Title: e' 11 fitO V0 L A C
Accepted tliis 2ol day of 20 j2, subject to applicable federal and Slate law.
Tin'ie Warner Cable Nortlieast LLC, By Its
15 H+,m-R+>comy P.0. Box 2046, 40 Mulberry Street Middletown, NY 10940
NO'nCE OF PUBLIC HEARING TOWN OF MOUNT HOPF. COUNTY OF ORANGE STATE OF NEW YORK
PUBL[C NOTICE is hcreby given (hai there has been prcscntcd to the Tnwn Board of tlie Town of Mnunt Hopc. Orange County, Ncw York, a liroposed Agrce- mcnt entitlcd "Cable Franchisc Agrcemcnt". The pro- posed Agrcemcnt is between the Town of Mount Hope and Timc Wamer Cablc Northcast, LLC, locally known as Charier Communlcations. The full tcxt is on filc for public review ai the Office of the TOWn Clerk, -17n6 ROute 2T1 West70tlgville, NeW York durmg rcgular busine.iis hourii. 07/22/2017 THEREFORE, pursuant io Lmw, thc Town Board of the Town of Sloum Hope will hold a public hearing on the aforesaid proposed Franchise Agreement m ihc Illeetlllg n)Om 81 1706 Ruutc 2ll WcSt, OlliiVilie NY 10963, at 7:30 p.m. on thc 7th day of August, 2017, ai whii:h tlme all Intcrcaied persons will be licard. DATED: July 19, 2017 BY ORDER OF THE TOWN BOARD Kathlcen A. Mycrs, Town Clerk
LDayof
Notary Public, Orange County
DAWN M GRIFFIN Notary Publlc - State of Nw York No, Cm3R4832299 Quallfied lri Orange Oounty Oommlulon 7/31/2021 TIMES HERAII)-RECORD p.o. Box 2046, 40 Mulberry Street, Middletown, NY 10940
State of New York: County of Orange: ss: Heather McElroy Being duly sworn deposes and says that the Local Media Group, Inc. is organized under the last of the State of New York and is. at all the times hereinafter mentioned, was the printer and publisher of the Times Herald-Record, a daily newspaper distributed in the Orange, Jlster, Rockland. Dutchess. Pike. PA. Delaware and Sullivan , Counties, published in the English language in the City of Middletown, County of Orarige, State of New York, that deponent is the of said The Times Herald-Record acquainted with the facts hereinafter stated, and duly authorized by said Corporation to make this affidavit; that the Public Notice a true printed copy of which is attached, has been duly and regularly published in the manner required by law in said The Times Herald-Record in each of its issues published upon each of the following dates, to with: In its issues of:
09/28/2C)17
44eah uo sH:pgantahfeurrMe coEf lRroy Sworn to befo e this 26
Notary Public, Orange County
ELIZABETH MARTHA FIAPALO Notary Public - State of New York No. 01 RA6344907 Qualified in Orange County M Commissiori 07/11/2020 LP.GAL NOTICE FOR APPLICATION OF FIIANCHISE REWEWAL PLEASE TAKE NOTICE that Time Warner Cable Northcast LLC, locally known as Chartcr Communications, has filed an application for renewal of its Cable Television Franchise in thc Town of Mount Hope, Orange County, New York.
Thc application and all comments filed relative thcreto are available for public inspection at the Town of Mount Hope's officc during normal business hours. Interested partics may file comments regarding the renewal with the Public Service Commission within 10 days of the date of publication of the notice. Comments should be add'eSSC'd tO Hnn. Kathlcen Burgess, Secretary, New York Statc Public Service Commission, 3 Empire State Plaza, Albany, NY 12223.