085.2011 Wirelss Verison tower
RESOLUTION AUTHORIZING LEASE FOR WIRELESS SERVICES
BETWEEN TOWN OF QUEENSBURY, ON BEHALF OF THE
QUEENSBURY CONSOLIDATED WATER DISTRICT,
AND VERIZON WIRELESS
RESOLUTION NO.: 85, 2011
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Cellco Partnership d/b/a Verizon Wireless (hereinafter "Verizon Wireless")
is a public utility engaged in the provision of personal wireless services, and
WHEREAS, Verizon Wireless has approached the Queensbury Town Board, which acts
on behalf of the Queensbury Consolidated Water District, (hereinafter the “Town”) and
requested permission to lease a portion of land owned by the Town of Queensbury for the benefit
of the Queensbury Consolidated Water District, located off of West Mountain Road and
designated as Tax Map Parcel No.: 295.6-1-1, together with the right to place communications
equipment, utilities and related appurtenances on and around the Town property (the "Proposed
Lease"), and
WHEREAS, the Proposed Lease is necessary to enable Verizon Wireless to provide
adequate and safe wireless services to the surrounding area, for emergency and nonemergency
use by the general public, and
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WHEREAS, on Monday, February 28, 2011, the Town Board duly conducted a public
hearing and heard all interested persons concerning the Proposed Lease with Verizon Wireless,
and
WHEREAS, the Town, acting as Lead Agency for the purposes of the New York State
Environmental Quality Review Act ("SEQRA”), has had the opportunity to review and complete
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the Short Environmental Assessment Form ("EAF") bearing date of January 24, 2011,
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NOW, THEREFORE, BE IT
,
RESOLVEDin accordance with the provisions of New York State Town Law §64[2]
and §198[12], as follows:
1. The Proposed Lease is an Unlisted Action which will not result in any large or
important impact(s), and therefore, is one which will not have a significant impact on the
environment under the State Environmental Quality review Act ("SEQRA). Accordingly, the
Queensbury Town Board hereby adopts a Negative Declaration with respect to the Proposed
Lease.
2. The provision of adequate and safe personal wireless services to the surrounding
area, for emergency and non-emergency use by the general public, is a public purpose that will
be beneficial to and inure to the best interests of the health, safety and general welfare of the
citizens of the Town of Queensbury and traveling public.
3. The property in question was purchased by the Town using funds of the
Queensbury Water District and the specific areas proposed for leasing to Verizon Wireless are
not required for the purposes of the water district operations, and are hereby deemed to involve
the use of surplus property.
4. The Town Board authorizes and directs the Town Supervisor to enter into the
Proposed Lease at the rate of $13,800 for the first year with the rate increasing by three-percent
(3%) every year thereafter. The term of the lease is 25 years, with the option to extend the lease
for an additional 24 years.
5. The Town Board authorizes and directs the Town Supervisor to enter into the
Proposed Lease on behalf of the Queensbury Water District on these terms and conditions, and
subject to approval from Queensbury Town Counsel as to form and content.
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6. Use and occupancy of this site by Verizon Wireless in accordance with the
Proposed Lease shall be subject to a Rosenberg variance approval from the Queensbury Zoning
Board of Appeals and/or Site Plan Review from the Queensbury Planning Board in accordance
with applicable current Town land use regulations.
7. This Resolution shall be effective immediately.
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Duly adopted this 28 day of February, 2011 by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
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