2000-02-28RESOLUTION
TOWN OF WAPPINGER TOWN BOARD
RE: AUTHORIZATION TO LEASE TOWN PROPERTY TO DUTCHESS
COUNTY CELLULAR TELEPHONE CORP., d/b/a CELLULARONE
SUBJECT TO PERMISSIVE REFERENDUM
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 28th day of February, 2000 at 7:30 p.m.
The meeting was called to order by Constance O. Smith, Supervisor, and
upon roll being called, the following were:
PRESENT
Supervisor
Councilpersons
Constance O. Smith
Robert L. Valdati
Joseph Ruggiero
Vincent Bettina
Joseph P. Paoloni
The following resolution was moved by Councilperson Robert Valdati
and seconded by Councilperson vincent Bettina
WHEREAS, the Town Board presently owns property located at 20
Middlebush Road, Wappingers Falls, New York which is partly described on a
certain map attached as Exhibit "A" and upon which is located Town Hall as well as
a separate building occupied by the New York State Police and Sloper-Willen
Community Ambulance Service; and
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WHEREAS, Dutchess County Cellular Telephone Corp., d/b/a CellularOne,
(hereinafter referred to as "CellularOne") desires to lease a portion of the
aforedescribed premises as identified on Exhibit "A", to install, construct, operate,
maintain, repair, alter, inspect and remove a communications facility which may
include, but shall not be limited to a transmission tower, radio and microwave
communications equipment and equipment building and if necessary a portable
emergency generator with a self-contained gasoline or diesel powered fuel tank to
be located on the leased premises adjacent to the equipment building; and
WHEREAS, CellularOne will pay rent in the amount of Eighteen Thousand
Dollars ($18,000.00) per year payable in monthly installments of $1,500.00, on the
first of each month, to be increased by three percent (3%) annually, plus twenty five
percent (25%) of all sublease revenue directly or indirectly received by CellularOne
or $1500 quarter annually per sub Tenant, whichever amount is greater; and
WHEREAS, the Town Board has determined that the use of the premises as
proposed by CellularOne will not be inconsistent with the present uses of the
premises by the Town of Wappinger, the State Police, and Sloper-Willen
Community Ambulance Services and the lease would be a source of additional
revenue to the Town; and
WHEREAS, the proposed Lease, a copy of which is attached as Exhibit "B"
is subject to CellularOne obtaining all necessary governmental approvals, building
permits, site plan approval, zoning changes and/or approvals, variances, use
permits and other governmental permits and approvals necessary for the
construction, operation and maintenance of the communications facility, and in
particular, the proposed lease is subject to compliance with §240-81 of the Town of
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Wappinger Zoning Code entitled "Telecommunication Towers, Antennas and
Personal Wireless Service Facilities"; and
WHEREAS, the Town Board is desirous of leasing the subject premises in
accordance with the terms stated in the proposed lease (attached as Exhibit "B");
and
WHEREAS, the Town Board has determined that the proposed action, that is
the leasing of the subject premises to CellularOne is an Unlisted Action pursuant to
Article 8 of the Environmental Conservation Law, Title 6, Part 617 NYCRR
(commonly known as "SEQRA") and pursuant to Chapter 117 of the Town of
Wappinger Code; and
WHEREAS, the Town Board has determined that the leasing of the subject
premises is an action for which there are no other involved agencies and that the
Town Board is therefore the Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board of the Town of Wappinger hereby declares that it is
in the public interest to lease a portion of the premises, as identified in Exhibit "A"
attached hereto, to CellularOne, in accordance with the conditions and provisions
contained in the proposed Lease attached as Exhibit "B".
2. The Town Board of the Town of Wappinger has reviewed the intended
Action with respect to the criteria set forth in Article 8 of the Environmental
Conservation Law , Title 6, Part 617 NYCRR and with respect to the provisions of
Chapter 117 of the Town of Wappinger Code, and hereby determines that the
intended action is an Unlisted Action pursuant to Title 6, Part 617 NYCRR.
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3. The Town Board of the Town of Wappinger hereby determines that it
is the only involved agency in this action and hereby declares itself Lead Agency
pursuant to Article 8 ECL and the related Title 6, Part 617 NYCRR.
4. The Town Board of the Town of Wappinger has caused to be
completed Part 1 and Part 2 of the long -form Environmental Assessment Form
(EAF) for this project in the form annexed hereto.
5. The Town Board of the Town of Wappinger has reviewed the intended
action with respect to the criteria set forth in Part 617.11 NYCRR and hereby
determines that the intended action, to wit, the leasing of the subject premises to
CellularOne will not create any significant adverse impacts on the environment and
hereby issues a Negative Declaration of Significance for this action subject to
CellularOne's compliance with §240-81 of the Town of Wappinger Zoning Code
entitled "Telecommunications Towers, Antennas and Personal Wireless Services
Facilities".
6. The Town Board of the Town of Wappinger hereby directs and
authorizes the Supervisor of the Town of Wappinger to execute the Lease in
substantially the same form as annexed in Exhibit "B", subject to a Permissive
Referendum as permitted by law.
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The question of the adoption of the foregoing Resolution was duly put to a
vote on roll call, which resulted as follows:
Constance Smith
CONSTANCE O. SMITH. Supervisor
Robert Valdati
ROBERT L. VALDATI, Councilperson
Joseph Ruggiero
JOSEPH RUGGIERO, Councilperson
Vincent Bettina
VINCENT BETTINA, Councilperson
Joseph Paoloni
JOSEPH P. PAOLONI, Councilperson
The Resolution is hereby duly adopted.
Dated: February 28, 2000
Wappingers Falls, New York
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voting Aye
voting
voting Aye
voting Aye
voting Aye
ELAINE SNOWDEN, Town Clerk
Town of Wappinger
COPIES OF EXHIBITS "A" AND "B" ARE ON FILE AT THE OFFICE OF THE
TOWN CLERK, TOWN HALL, TOWN OF WAPPINGER, 20 MIDDLEBUSH ROAD,
WAPPINGERS FALLS, NEW YORK, DURING NORMAL BUSINESS HOURS
FROM 8:30 A.M. UNTIL 4:00 P.M., MONDAY THROUGH FRIDAY.
EXHIBIT "A" IS A SKETCH MAP DEPICTING THE LOCATION OF THE AREA
TO BE LEASED TO CELLULARONE.
EXHIBIT "B" IS A COPY OF THE LEASE TO BE EXECUTED BETWEEN THE
TOWN OF WAPPINGER AND CELLULARONE.