Town of Olive
County of Ulster
State of New York
May 17, 2000

Minutes of a workshop meeting of the Town Board of the Town of Olive held Wednesday, May 17, 2000, 7:30 pm at the American Legion Hall in Shokan, NY. The purpose of the meeting was to discuss the proposed draft wireless law. (Cassette Tape #50)

Members Present:

Others Present: Bob and Pat Lessner of Beacon Broadcasting Corporation

Council Member Helen Chase introduced Bob Lessner, Chairman and CEO of Beacon Broadcasting Corporation in Wappingers Falls, who was present to inform the Town Board about the process to be expected in the application process of wireless telecommunication facilities.

In response to questions from Council Member Chase, Mr. Lessner noted that all cellular companies look for height stating his facility sets on top of Mt. Beacon. He noted that communication goes out in a straight line depending on power and he described antennae and different receptacles. He stated the structural integrity and wind load of the structure is important.

Council Member Chase stated there is a town owned site that looks to the north and could encompass the whole town. Mr. Lessner stated only one tower would be needed if it covers the entire town plus it would provide income for Olive. He noted that it has been ruled that anything below 50 feet could give out “rf” radiation. In response to questions from Council Member Chase, Mr. Lessner noted that lease amounts for a paging company might be $300.00 to $400.00 per month and anywhere from $1,000.00 to $3,000.00 per month from a cellular company. It was noted that the town could get a percentage of the monthly fees as well as the lease fee.

Mr. Lessner stated the law should include provisions for co-locations; should state whether or not a new site plan is necessary in expansion of existing sites, and if the applicant is a small alarm company or paging company then the entire site plan procedure on an existing site might be waived and only a building permit required. The FAA regulations also might come into effect if there are small planes that fly low.

Supervisor Leifeld stated he doesn’t understand why a 200 feet tower in a valley has to be lit and the one 2000 feet up on the top of a mountain that is slightly under 200 feet does not.

Bruce Kanvin asked how one would find out if towers at a higher altitude have to be lit. Mr. Lessner stated the FAA at Kennedy Airport has supervision over the northeast towers and suggested the law require an FCC tower study done to determine whether or not the tower should have a light. Council Member Chase stated it is desirable for the town to make sure that towers do not have lighting.

Mr. Lessner stated the town could tell a cellular company whether or not they want the tower but the FCC has the right to overrule it. The consensus of four members was to let it be that way and let the federal government try to overrule local government.

Bruce Kanvin asked if one could build a tower without a tenant. Mr. Lessner responded “yes”. Council Member La Monda stated that he would not like to see a tower go up that way; he would rather see it as in our proposed law.

Council Member Chase stated right now the Town has a consultant who will act on the town’s behalf with decisions made by the Town Board. She further stated this is a complex law and would like to see it less complex so that the Planning Board could get involved in making decisions on this.

Supervisor Leifeld asked Mr. Lessner if he felt the fees excessive in the proposed law. Mr. Lessner stated as a businessman he feels the fees are high. He stated that Fishkill requires a $5,000.00 escrow account to pay the consultant and additional amounts may be required. He also suggested the performance bond should be taken on a case-by-case basis.

Bruce Kanvin stated the tower is only one entity but the roads, buildings, and power lines all must be reclaimed; therefore, a bond should be required. Mr. Kanvin asked the Town Board 1) what is the purpose of tonight’s meeting and 2) when will the public hearing be held. Supervisor Leifeld responded that Council Member Chase had two people she wanted to meet with the board to create an opportunity to ask questions and provide more information. Council Member La Monda stated as soon as this discussion is finished he is making a motion to schedule a public hearing. Council Member Burkhardt concurred.


Council Member Chase stated that co-location is desirable, as the town would want to fill up one tower before building another. Mr. Lessner stated a company would have to show that they could not co-locate before another application could be entertained. Council Member Chase asked if one company builds a tower and places the antennas, could the town ask that company to guarantee access to that tower. Mr. Lessner responded that the town could specify co-location on that tower and the company has to negotiate for that tower. Council Member Chase stated the proposed law says “negotiate in good faith” to which Mr. Lessner stated was fine. Council Member Chase stated the new applicant might not want to be on that tower. Mr. Lessner stated then the new applicant would have to come to the town and show why he can’t go on that tower.

Supervisor Leifeld stated from the beginning to end it is lucrative for our consultant as he is handling the entire process from a - z. He stated the confusing thing here is the consultant fee, $5,000.00 is the fee for the consultant and the $7,500.00 is an escrow to hire experts or whatever is required in the application process.

In response to questions, Mr. Lessner stated that all receiver repeaters should be licensed and all companies or people who use that frequency along with the location should be licensed from the FCC. He stated the town should request copies of those licenses.

Bruce Kanvin stated the proposed law just about covers everything Mr. Lessner has suggested.

Council Member Chase stated there has been a suggestion from Scenic Hudson that we do something a little more about the visual aspects. Supervisor Leifeld stated the Town Attorney had prepared wording regarding this and feels they’ve gone about as far as they can with this law.

Council Member Chase asked if there is something in the Fishkill ordinance about site preparation and lot size. Mr. Lessner stated it addresses set backs and site preparation but is unsure about lot size. Council Member Chase stated this is not clear in the ordinance as it says nothing is to be done to the site until site plan approval. Mr. Lessner stated you can’t prohibit them from clearing their property but they can’t erect a tower until approval has been granted.

Supervisor Leifeld asked Mr. Lessner if there are companies that will test an area for reception. Mr. Lessner said he would provide Supervisor Leifeld with names of engineering firms who do this.

The Town Board thanked Mr. Lessner for his attendance.

Supervisor Leifeld stated he contacted Tower Ventures, Michael Girard, about testing the Transfer Station location as a wireless facility.

Council Member La Monda made a motion to set a public hearing date on the proposed wireless telecommunications local law. Council Member Burkhardt seconded the motion. Supervisor Leifeld stated that Consultant Comi and Attorney Graham are providing him with acceptable dates so both can be in attendance.

All business pertinent having been discussed the Town Board adjourned on a Leifeld/Burkhardt motion at 9:15 pm.