PUBLIC HEARING
CELL TOWER LEASE AGREEMENT
AUGUST 25, 2010
6:30 PM
Supervisor Belden opened the meeting at 6:30 pm.
Members present: Supervisor Belden R. Gladu
E. Frasier R. Meola
Absent: M. Martucci
Also present: Attorney Viscardi
Deborah F. Manning, Town Clerk
Welcome Guests. Pledge of Allegiance
Motion by E. Frasier, seconded by R. Gladu to open the public hearing on the cell tower lease agreement at 6:00 pm. All voting yes. Motion carried.
The Town Clerk read the following Public Hearing Notice, published on August 15, 2010.
RESOLUTION # 63 OF 2010
INTRODUCED BY M. Martucci.
SECONDED BY E. Frasier.
TELECOMMUNICATION SITE LEASE AGREEMENT
At a meeting of the Town Board of the Town of Hague, held at the Hague Community Center, 9793 Graphite Mountain Road, in the Town of Hague, Warren County, New York, on the 10 day of August, 2010.
PRESENT: Daniel Belden, Supervisor
M. Martucci, Councilperson
E. Frasier, Councilperson
R. Meola, Councilperson
R. Gladu, Councilperson
WHEREAS, the Town of Hague (the "Town") and Independent Towers Holdings, LLC have entered into negotiations for the lease of certain real property (the "Lease") by Independent Towers Holdings, LLC from the Town for the site of a telecommunications facility consisting of a telecommunications tower, equipment shelter and appurtenances necessary to operate the facility (the "Project"), on property currently owned by the Town and located at 68 Decker Hill Road in the Town of Hague, Warren County, New York, consisting of 10,000+ square feet and referenced as tax map #42.00-1-17, with appropriate ingress and egress (the "Property"), which is not needed for a public purpose; and
WHEREAS, the Town Board of the Town of Hague (the "Board") has thoroughly reviewed the Lease, assisted by its attorney for the Town, and has approved the same as to its form and content; and
WHEREAS, an "Option and Ground Lease Agreement" was pursued at which time the site compatibility of both technical and environmental specifications with the requirements of a cellular tower has been confirmed; and
WHEREAS, the term of the lease consists of an initial term for five years, which will automatically extend for eight additional terms of five years each; and
WHEREAS, rent for the site is an annual rent of $10,800 in equal monthly payments of $900 per month. Rent will increase by 3% over the rent in effect for the prior year. Independent Towers Holdings, LLC will pay additional rent in the amount of 10% of any subtenant rent actually received; and
WHEREAS, the leasing of Town property pursuant to the provisions of Section 64, subdivision (2), in the manner provided for in subdivision (12) of Section 198 and subject to a permissive referendum pursuant to Article 7 of the Town Law; and
WHEREAS, in the event that no petition is filed in the office of the Town Clerk to conduct a permissive referendum within 30 days from the adoption of this resolution, and following the conducting of a public hearing or if one is filed and the electorate fail to obtain a majority of votes in support of a rejection of said lease, the supervisor is authorized to execute the lease on behalf of the Town of Hague; and
WHEREAS, a copy of the proposed “Site Lease Agreement” is available for public inspection during normal business hours at the Town Clerk’s Office, Hague Community Center, 9793 Graphite Mountain Road, Hague, NY. At such public hearing all persons will be given the opportunity to be heard; and
WHEREAS, the Project is an unlisted action under the State Environmental Quality Review Act ("SEQRA"); and
WHEREAS, the Board has reviewed the Environmental Assessment Form and other information submitted by Independent Towers Holdings, LLC, has taken a hard look at any potential environmental effects and has determined that entering into the Lease will not have any significant adverse environmental impact; and
WHEREAS, the Town of Hague Planning Board on July 8, 2010 found that the project is an Adirondack Park Agency, Class A Regional Project, but still requires relief from the Town of Hague's Zoning Codes. A unanimous vote of the Planning Board approved the application and referred the matter to the Zoning Board of Appeals with reference to section 160-27 A. Maximum Height and 160-59.1 Wireless Telecommunication Facilities, the zoning board of appeals attention; and
WHEREAS, the Town of Hague Zoning Board of Appeals on July 22, 2010 granted a variance by unanimous vote noting that the Planning Board of Warren County recommended approval of the application as submitted; and
WHEREAS, the Adirondack Park Agency has completed a site plan review of the project and final approval of the Adirondack Park Agency will be required following the approval of the Town of Hague Planning Board and Zoning Board of Appeals, to be followed by a Town permit for construction.
NOW, on motion of M. Martucci, seconded by E. Frasier, all members present voting therefor, it is
ORDERED that a meeting of the Town Board of the Town of Hague be held at the Hague Community Center, Town of Hague, on the 25 day of August, 2010 at 6:30 p.m. to consider said lease and to hear all persons interested in the subject thereof concerning the same, and for such other action on the part of the Town Board with relation to such lease as may be permitted and required by law, and it is
FURTHER ORDERED that the Town Clerk give notice of such hearing by publishing a certified copy of this order in The Post Star newspaper, being the Town's official newspaper, the publication thereof to be not less than ten nor more than twenty days before the day set for the hearing as aforesaid and shall also cause a certified copy thereof to be posted on the sign board of the Town of Hague not less than ten nor more than twenty days before such hearing.
This resolution was duly adopted by the Town Board of the Town of Hague, New York, at its regular monthly meeting held on August 10, 2010, at the meeting of such Board, its adoption having duly been put to a vote in public session.
DULY ADOPTED BY THE FOLLOWING VOTE:
AYES: Supervisor Belden, M. Martucci, E. Frasier, R. Meola, and R. Gladu.
NAYS: None.
ABSENT: None.
DATED: August 10, 2010
The Town Board opened the floor to the public for statements.
Tom Haskell: On behalf of the Chamber of Commerce, Sno-goers Club, and Fire Dept. are all in favor of the construction of a cell tower for the safety of our community. There are numerous people who do outside sports. From hunting to fishing, snowmobiles, biking. In case of emergency cell phones would be very beneficial.
Mr. & Mrs. Stolarsky: They are in support of the cell tower. It will be a financial savings and safety for all of us.
Mr. & Mrs. Jack Bast: They are in favor of the cell tower. It is a safety factor for businesses and residences in Hague. Especially if there were a vehicle accident.
Mr. & Mrs. Rollin Allen: In favor of the cell tower for safety reasons.
David Kisselback, Director of Silver Bay YMCA: In favor of the cell tower. The Association lost three conferences this year, due to no cell service in this area.
Pat Hintze, President of the Hague Senior Citizen Club: The club is in favor of the cell tower for safety reasons.
Maureen Cherubini & Paul Stolarsky questioned how far the signal will reach for service.
Councilman Gladu explained that the test showed that the signal is very strong on Route 9N from Rogers Rock to the bottom of Tongue Mountain. Portions of Tongue will receive a weak signal. Route 8 also has good service.
Motion by R. Meola, seconded by E. Frasier to close the public hearing at 6:45 pm. All voting yes. Motion carried.
Supervisor Belden & the Town Board discussed their options in order to move this process along. It is very imperative that we try to have this in place. ATT has allocated money for this project for 2010.
The Board discussed their options.
1. Continue with the permissive referendum process and wait the 30 days. After the 30 days is up and no petition is filed, the Cell Tower lease agreement can be signed, awaiting APA approval.
If a petition is filed and is valid, a special election would be held if there was not adequate time to submit the information to the Warren County Board of Election for the placement of the proposition on the general election ballot.
2. Change the process to a referendum with the proposition being placed on the ballot at the general election scheduled for November 2, 2010.
It was agreed by all members that they continue with the permissive referendum process.
Motion by R. Gladu, seconded by E. Frasier that in the event that a valid petition is filed within 30 days, pursuant to the provisions of Resolution #63 of 2010 and there remains 36 days prior to the general election of November 2, 2010. The proposition for approval or denial of the Cell Tower Lease agreement will be placed on the General Election ballot.
If time does not allow for placing the proposition for the Cell Tower Lease agreement on the November ballot, the Town Board will have to decide when to schedule a special future election, thereby placing the project on hold.
If there is no petition for a permissive referendum, or if the vote on the permissive referendum supports the implementation of the current land lease agreement, the Supervisor has the authority to sign the agreement and the project moves forward.
AYES: Supervisor Belden, R. Gladu, R. Meola, and E. Frasier. ABSENT: M. Martucci. Motion carried.
Motion by R. Meola, seconded by R. Gladu to adjourn meeting at 7:00 pm. All voting yes. Motion carried.
Respectfully submitted,
Deborah F. Manning
Town Clerk