2003-103RESOLUTION NO. 2003-103
RESOLUTION AUTHORIZING THE EXECUTION OF CONSENT TO PERMIT
A COLLOCATION SUBLEASE
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 24th
day of March, 2003, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Councilmen - Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Christopher J. Colsey
ABSENT:
The following Resolution was introduced by Mr. Colsey and seconded by
Mr. Bettina
WHEREAS, the Town of Wappinger has previously entered into a Land Lease
Agreement with Dobson Cellular Systems, Inc. d/b/a Cellular One on March 24, 2000
authorizing Dobson to erect a cellular tower at the Town Hall complex at 20 Middlebush Road,
Wappingers Falls, New York; and
WHEREAS, Omni Point Communications, Inc. seeks to enter into a sublease agreement
with Dobson Cellular Systems, Inc. to permit a collocation of an additional communication
facility on the same tower; and
WHEREAS, the Town Board hereby consents to such sublease agreement on the express
condition that Dobson Cellular Systems, Inc. obtain an amended Site Plan Approval from the
WWAPPINGE\Town Board\RESOLUTION\CellOne-ColocationLease.doc
Town of Wappinger Planning Board to permit such collocation of the additional facility and an
amendment to the Facility/ Tower Special Permit (F/TSP) allowing the collocation of such
systems, and provided further that Dobson Cellular Systems, Inc. otherwise comply with Town
Code §240-81 entitled "Telecommunications towers, antennas and personal wireless service
facilities".
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby consents to permit a collocation sublease to permit an
additional communication facility on the cell tower owned by Dobson Cellular Systems, Inc. at
the Town Hall complex at 20 Middlebush Road, Wappingers Falls, New York in accordance
with a certain Land Lease Agreement dated March 24, 2002 between the Town of Wappinger
and Dobson Cellular Systems, Inc. and on the further condition that Dobson Cellular Systems,
Inc. obtain an amendment to the Site Plan Approval previously approved for this facility by the
Town of Wappinger Planning Board and an amendment to the Facility/ Tower Special Permit
(F/TSP) authorizing cell towers and collocator installations and on the further condition that
Dobson Cellular Systems, Inc. otherwise comply with all terms, conditions and requirements of
Town Code §240-81 entitled "Telecommunications towers, antennas and personal wireless
service facilities".
This consent will not be effective until the Town of Wappinger Planning Board
grants all approvals required by Town Code §240-81 entitled "Telecommunications towers,
antennas and personal wireless service facilities".
O:\WAPPINGE\Town Board\RESOLUTION\CellOne-ColocationLease.doc
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting —Aye -
ROBERT L. VALDATI, Councilman Voting Aye
VINCENT F. BETTINA, Councilman Voting Aye
JOSEPH P. PAOLONI, Councilman Voting Ave
CHRISTOPHER J. COLSEY, Councilman Voting -Aye--
Dated: Wappingers Falls, New York
May 27, 2003
The Resolution is hereby duly declared adopted.
n
GL J. MOR , O LERK
O:\WAPPINGE\Town Board\RESOLUTION\CellOne-ColocationLease.doc
D OBSON
CELLULAR
SYSTEMS
Town Supervisor
Town Board to the Town of Wappinger
20 Middle bush Road
Wappinger Falls, NY 12590
January 13, 2003
Re: Proposed Collocation Lease on Wappinger Falls Tower Site
Prime Lease Dated: March 24th, 2000
Town of Wappinger ("Owner")
Dutchess County Cellular Telephone Co., d/b/a CellularOne ("Lessor")
Omnipoint Communications, Inc. ("Lessee")
To Whom It May Concern:
We are requesting consent to permit a collocation sublease to the above named "Lessee", of an
additional communication company's facility on our tower located at 20 Middle bush Road, Wappinger
Falls NY, as required in the enclosed Land Lease dated March 24t", 2000;. between the 'Town of
Wappinger, the above named "Owner" and Dobson Cellular Systems, Inc., as Manager and on behalf
of Dutchess County Cellular Telephone Co., Inc. d/b/a CellularOne, the above "Lessor". on Page T,
Paragraph 18.
Please find enclosed two (2) originals of this page. Please sign and return one (1) original in the
enclosed self-addressed stamped envelope, and keep the other for your records. If you have any question
concerning the above, please do not hesitate to call me at (330) 509-6560.
Sincerely,
��
icole ,:orbin
Lease Administrator
Town of Wappinger
By:
Print Name:
Title: Town Supervisor
Date:
Enclosures
/nmc
c: Town Clerk
Town of Wappinger
20 Middlebusb Road
Wappinger Falls, NY 12590
tower collocation Ise. 121900 Page 1
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