Town Board – Sept. 26 2013 Minutes

September 26, 2013

A Special Meeting of the Town Board was held September 26, 2013 at 8:00 am at the Town Hall to discuss the Radio Station license and any other business that may come before the Board. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Attorney Kevin Young, and five Radio Station representatives including Joseph Piasek.

Attorney Kevin Young discussed the background on the radio station license and the process for transferring the license. He expressed concerns with some of the warranties associated with the transfer. Joseph Piasek stated the generator and transmitter tower at the highway garage would remain the property of the Town but the radio station would need access for repairs, etc. The Board was presented a list of other equipment at the station building that would transfer with the license. The radio station would like the transfer to occur as soon as possible as license renewal work must begin December 1st for a June 1st renewal date. Attorney Young stated that he feels comfortable that any issues can be worked out with the station attorney to accommodate the transfer.

RESOLUTION #62 – ASSIGNMENT OF RADIO STATION ASSETS AND LICENSE

On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:

“WHEREAS, the Town of Roxbury (“Town”) is the licensee of a noncommercial educational FM radio station, WIOX(FM), Roxbury NY (the “Station”); and
WHEREAS, the Town wishes to assign the FCC license and operating assets of the Station to WSKG Public Telecommunications Counsel (“WSKG”); and
WHEREAS, the assignment of the license for the Station to WSKG requires an application to, and the consent of, the Federal Communications Commission.

NOW THEREFORE, BE IT RESOLVED, subject to the (i) approval of the Federal Communications Commission; (ii) the Town obtaining all other approvals required for said transfer and the (iii) the Town and WSKG executing a Memorandum of Understanding confirming the terms and conditions of the transfer, the FCC license for the Station held by the Town shall be assigned to WSKG, and WSKG, shall assume ownership of the assets and the responsibility for operating the Station now licensed to the Town.

BE IT FURTHER RESOLVED, as a condition of any assignment, the Station shall be included in the Town’s emergency response plans and the Station shall communication timely emergency and other important information to Town residents.
BE IT FURTHER RESOLVED, the Town Board authorizes the Town Supervisor to execute a Memorandum of Understanding confirming the terms and conditions of the assignment of the license and equipment to WSKG subject to the Town Supervisor’s approval of the terms and conditions and subject to written confirmation from the Town Attorney regarding the Town legal authority to make such assignment.”

AYES – 5 Hinkley, Murray, Cronk, Raeder, Hynes
NAYS – 0

With no other business to discuss the meeting adjourned at 8:35 am.

THIS IS A TRUE COPY
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Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman