2018-1552018-155
Execute Cell Tower Agreement Renewal.
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 June 25,
2018.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2018-155
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
❑ Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Robert Johnston
Voter
Q
❑
❑
❑
Michael Kuzmicz
Mover
Q
❑
❑
❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Beale.
WHEREAS, by Resolution dated February 28, 2000 which was subject to permissive
referendum, the Town of Wappinger entered into a land lease with Dobson Cellular Systems, Inc.
("Dobson") for a certain parcel of real property behind the Emergency Services Building located at
16 Middlebush Road, Wappingers Falls, New York (the "Premises") to permit Dobson to erect a
tower with antennae and other appurtenances to provide telecommunication services (the "Tower");
and
WHEREAS, the Lease Agreement authorizes the Tenant to sub -lease space on the Tower
to collocate the equipment of additional telecommunications providers; and
WHEREAS, the initial term of the Lease Agreement was a five-year term with four
additional five-year options, and
WHEREAS, the Town of Wappinger authorized additional co -locations on the Tower by
Resolution 2003-103 adopted on March 24, 2003 and by Resolution 2003-293 adopted on
December 22, 2003; and
WHEREAS, ACC Tower Sub, LLC ("ACC") acquired the leasehold rights of Dobson
Cellular Systems, Inc.; and
WHEREAS, ACC has requested to modify the Lease Agreement to extend its terms; and
WHEREAS, the ACC and the Town have agreed to modify the Lease Agreement by
granting ACC seven additional five-year options and in consideration thereof the Town shall receive
a one-time fee of $30,000 and an increase in the annual rent; and
WHEREAS, the Town Board has determined that the lease term is reasonable for the
telecommunications and that the rent amounts are consistent with the fair market value for the
property; and
WHEREAS, the extension of the lease terms does not change the activities permitted for
the Premises;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The amendment of a lease that does not change the permitted activities is a Type II
action pursuant to 6 N.Y.C.R.R. §617.5(c)(26) which does not require SEQRA Review.
2. The Town Board hereby finds that the execution of the FIRST AMENDMENT TO
THE LAND LEASE AGREEMENT is not subject to an additional permissive referendum as the
original Lease was subject to a permissive referendum and the material provisions of the Lease,
other than term and rent due, have not been changed.
3. The Town Board hereby finds the terms of the annexed FIRST AMENDMENT
TO THE LAND LEASE AGREEMENT are just and reasonable.
4. The Town Board hereby authorizes the Supervisor to sign the annexed FIRST
AMENDMENT TO THE LAND LEASE AGREEMENT on behalf of the Town of Wappinger.
5. The rental payments made under this lease shall be credited to the general fund of
the Town.
The Supervisor is hereby directed to provide a fully executed copy of the FIRST AMENDMENT
TO THE LAND LEASE AGREEMENT to the Town Clerk who shall maintain the same in his
files.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz
Dated: Wappingers Falls, New York
6/25/2018
The Resolution is hereby duly declared Adopted.
P. PAOLONI, TOWN CLERK