Board of Trustees

On motion by Deputy Mayor Salomon, seconded by Mayor Kaufman, and unanimously approved the Board voted to authorize West Side Engineering, PC. to prepare the Annual Report for the Phase 2 Storm Water Program in accordance with a written proposal, and authorized the Mayor to execute any documents necessary to accept the West Side Engineering proposal for a fee not to exceed $2000.00 9. Verizon Franchise Renewal Resolution On motion duly made by Mayor Kaufman seconded by Trustee Oliviero and approved unanimously, the Board adopted the following resolution: WHEREAS, the Village of Hewlett Bay Park, (the "Village") is a "franchising authority in accordance with Title VI of the Communications Act, (see 47 U.S.C. §522(10)) and is authorized to grant one or more nonexclusive cable franchises pursuant to Article 11 of the New York Public Service Law, as amended, and Title 16, Chapter VIII, Parts 890.60 through 899, of the Official Compilation of Codes, Rules and Regulations of the State of New York, as amended (collectively the "Cable Laws"); and WHEREAS, the Village granted to Verizon New York Inc., a corporation duly organized under the applicable laws of the State of New York (the "Franchisee"), effective as of November 13, 2008, a nonexclusive initial Franchise to install, maintain, extend, and operate a Cable System in the Village for a term of 10 years (the "Initial Franchise"); and WHEREAS, the Initial Franchise agreement has expired; and WHEREAS, the Franchisee has operated a Cable System in accordance with the Initial Franchise as of the effective date on its existing Telecommunications Facilities consisting of a Fiber to the Premises Telecommunications Network ("FTTP Network") in the Franchise Area which also transmits Non-Cable Services pursuant to authority granted by Section 27 of the New York Transportation Corporations Law, as amended, and Title II of the Communications Act, which Non-Cable Services are not subject to the Cable Law or Title VI of the Communications Act; and WHEREAS, pursuant to and in accordance with applicable federal and state law, the Village undertook a process to determine whether it should renew the Initial Franchise and the terms for such a renewal; and WHEREAS, the Village has examined the past performance of Franchisee and has determined that Franchisee is and has been in material compliance with the Initial Franchise and applicable law; and WHEREAS, the Village has examined the past quality of the Franchisee's service, including signal quality, response to consumer complaints, and billing practices, and has determined that Franchisee's practice has been reasonable in light of community needs; and WHEREAS, the Village has examined the financial, legal, and technical ability of the Franchisee to provide the services, facilities, and equipment as set forth in the proposed Renewal Agreement; and WHEREAS, the Village has determined that the Franchisee's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests; and