By ANDY GARDNER

MASSENA -- The Town Council on Wednesday voted 4-1 Wednesday to approve a 10-year non-exclusive franchise deal with Time Warner Cable.

Councilman Albert Nicola was the dissenting vote.

“I’m uncomfortable with a 10-year agreement. However … it’s non-exclusive. The customer has a range of options, but with technology changing the way it is,” Nicola said. “Ten years is a long time.”

Town Supervisor Joseph Gray said the town hired the Cohen Law Group from Pittsburgh, Pa. to represent them in a franchise negotiation and to conduct an audit of past franchise deal payments. He said the firm approached them and claimed they believe Time Warner may have underpaid under older deals. They have been going day-to-day with the company for about three years, and the firm is urging town lawmakers to approve a 10-year deal because TWC won’t agree to anything less. The deal approved Wednesday is retroactive, so it will stay in place for about the next seven years.

“The sales pitch was they would recover more than the contract costs,” Gray said, adding that the town is paying the firm $12,500 for their work.

The disadvantage of not having a franchise deal with TWC is the cable company pays, but under the rate from three years ago, and the town wouldn’t be able to reclaim anything found in the audit.

“I don’t like Time Warner … I think they’re bullies and they make us buy things we don’t want. I think they make us pay more than we should. The franchise agreement … is just a piece of paper,” Gray said. “People may not like it … but it doesn’t change anything. It’s not exclusive. I don’t see how we hurt anyone by doing a 10 year deal.”

“I agree,” Councilman Steve O’Shaughnessy said.

“This isn’t exclusive … other companies can come in and compete. You see a lot of satellite dishes around town,” Gray said.