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HomeMy WebLinkAbout2001-09-06 - PB ega ULYSSES PLANNING BOARD CONTINUATION OF PUBLIC HEARING 9/6/2001 PRESENT : Planning Board Chairman George Kennedy, Planning Board members Rose Hilbert, Mark Ochs, David Tyler, Lorren Hammond, Code Enforcement Officer Alex Rachun and Planning Clerk Eva Gabriel. ALSO PRESENT : Anthony Marshall, Attorney for Independent Wireless One Corp. , Jimmie Stober, Representative for Independent Wireless One Corp. , Jacob Warner, Engineer for Independent Wireless One Corp. , Eric Kenna with Independent Wireless One Corp. , neighbors Geraldine Keil, Gunther Keil, Andrew Hillman, Christine Finnigan, James Simmons, Jean Foley. NOT PRESENT: Planning Board members Richard Geiger, and Paula Horrigan. Chairman George Kennedy called the meeting to order at 7 : 36 p.m. Mr. Kennedy introduced the Planning Board members. Mr. Kennedy noted that at the Public Hearing held on 8/27/01 the Planning Board asked Independent Wireless One Corp. for additional information. Mr. Kennedy asked Mr. Marshall to explain the information submitted to the board. Mr. Marshall noted that the information delivered to the Planning Board contained five separate items. ( 1 ) Propagation studies of coverage at 180 feet from the McKeel Road. Tower (found coverage holes) (2) Photos of the boom truck at the Fair Grounds (view shed photos) (3) Contact with the Presbyterian Church (historic preservation problems) (4) Signal Strength from drive tests (test results) (5) Written description of the entities involved with Independent Wireless One. Mr. Kennedy asked if there were any comments from Independent Wireless One Corp. Mr. Marshall noted the board ' s thoroughness in reviewing the application. Mr. Marshall noted the factors that led Independent Wireless One Corp. to the proposed site. Mr. Marshall commented on the location, co- location, duel-locations, and additional carriers. Mr. Kennedy opened the floor for public comment and called Mr. James Simmons to speak first. Mr. James Simmons asked other members of the public if they were going to be offended more by this tower than they are by the lights at Trumansburg High School. Mr. James Simmons noted that the proposed tower would not have lights on it. A member of the public noted that she would be more offended by the tower. Ms. Christine Finnigan was called to speak second . Ms. Finnigan noted that she had planned to buy property near the proposed tower but would not if the proposed tower is put up. Mr. Andy Hillman noted that he was speaking on behalf of himself and would like the Planning Board to reject Independent Wireless One Corp. ' s application and he asked the Fair Grounds board and the treasurer to consider working with the community and the county to create a transmitter to follow the ordinance of Trumansburg. He noted that the Town of Ulysses had adopted a tower ordinance that no one complies with. He noted that he is able to view a tower from his property and it is an eyesore. He asked IWO who the additional carriers might be . OPv / Town of Ulysses 2 Planning Board Meeting 9/6/2001 Mr. Marshall noted that the additional carriers would pay rent to who ever owns the tower. Mr. Andy Hlillman noted that a community owned tower would be more lucrative to the Fair Grounds. Mr. Kennedy asked Mr. Marshall to clarify the ownership for the public. Mr. Marshall noted that IWO is now the current owner but could transfer title to a third party. Mr. Gunther Keil noted that since the last public hearing he had talked to a few cell phone users who reside in Trumansburg and noted the reception to be adequate. Mr. Keil noted that small antennas would look better than a 120-foot tower and when one tower is erected then other carriers will approach Trumansburg. Mr . Keil noted that he did not think a tower would benefit Trumansburg. Mrs. Geri Keil noted this has been an interesting experience for her and noted that she has been trying to educate herself about the towers, ordinances, etc. , and felt inadequate with material available to educate herself about the tower. Mrs. Keil asked Independent Wireless One Corp. what kind of license it purchased from Sprint. She asked if the FCC gave a license to Sprint could Sprint sell a license to Independent Wireless One Corp. Mr. Marshall noted that Sprint has a national license issued by the FCC and that Sprint sublicensed that license to Independent Wireless One Corp. Mrs. Geri Keil asked if trees would be removed from the site of the proposed tower at the Trumansburg Fair Grounds. Mr. Marshall noted that Independent Wireless One Corp. would be planting additional trees and had no intention of taking down any of the large trees on the proposed site. Mr. Eric Kenna noted the access Road to be installed via Rabbit Run Road and noted that Independent Wireless One Corp. did not plan to remove any large trees except the smaller trees and brush that would be within the fence line. Mrs. Geri Keil read from the SEQR application submitted to the Planning Board by Independent Wireless One Corp. and addressed questions concerning the variances granted, the zoning classification, impacts, additional carriers, the access road, etc. Mrs. Keil urged the Planning Board to think twice about the proposal submitted by IWO. Mr. Kennedy noted that the Planning Board has previously asked Independent Wireless One Corp. many of the questions Mrs. Keil raised. Mr. Kennedy asked if there were any other questions. Ms. Jean Foley noted that she had spoke with Mr. Curt Dunnam. Mr. Dunnam is an RF Engineer at !Cornell. She noted that Mr. Dunnam had locked over the application submitted by Independent Wireless One Corp. and written a letter concerning his opinion about the application. Ms. Foley read the letter from Mr. Dunnam and submitted a copy to the Planning Board for record. Mr. Tyler asked what present antenna sites the applicant has in the town of Ulysses. Mr. Kennedy noted that the only site the Planning Board had discussed was the Water Tower on Perry City Road. Mr. Tyler noted that the Water Tower Antenna on Perry City Road was set for Route 96 coverage. He asked if Independent Wireless One Corp. had that coverage now. i. Mr. Warner noted that the facility was installed but not turned on. Town of Ulysses 3 Planning Board Meeting 9/6/2001 Mr. Tyler asked why the facility on Perry City Road was not activated. Mr. Warner noted that Perry City Road customers prefer no coverage rather than incomplete coverage Mr. Tyler asked if the gaps in coverage are in the Village of Trumansburg. Mr. Warner stated yes the gaps in coverage were in the Village of Trumansburg. Mr. Marshall noted that the gaps in coverage in the Village of Trumansburg have been the point all along. Mr. Marshall noted that if a dual location is more aesthetically pleasing as to the proposal that is now before the Planning Board then IWO would try to find other locations in conjunction with the Perry City Road Site. Mr. Tyler asked if Independent Wireless One Corp . had adequate coverage in Ulysses. Mr. Marshall noted that IWO would have coverage if the Perry City Water Tank were activated. Mr. Tyler asked if they had active coverage at this time in Ulysses. Mr. Marshall noted that IWO did not presently have active coverage in Ulysses because the McKeel Road site is not activated. Mr. Marshall noted that IWO needed to fill in gaps in coverage. Mr. Tyler noted that he would be more impressed if the Perry City Road Water Tank was activated. Mr. Marshall noted that the propagation analysis shows coverage of the Perry City Road Water Tank site if it were activated. Mr. Tyler noted that the tower should be turned on. Ms. Susan Hillman asked if the antenna on the Perry City Road Water Tank had ever been turned on. Mr. Warner stated that yes the tower had been turned on but noted that Independent Wireless One Corp. wanted to address other areas of coverage. Mr. Vincent Raynow commented about the lights at the Trumansburg High School and noted that you cannot justify one obstruction with another. Ms. Denise Cooperman urged the Planning Board to consider the aesthetic affects of the propose tower. Ms. Cooperman noted that having a cell phone was a convenience and outages in coverage are expected. Ms. Ruth Kahn noted that she has heard the mention of holes/gaps in coverage and asked how big a hole is. Mr. Warner explained that a hole/gap is where a signal drops below the level to use a phone. Mr. Kennedy asked if Mr. Warner could show the map from the Perry City Road location to better define a gap/hole . Mr. Marshall noted that the FCC issues licenses to carriers through the telecommunications act, which is Federal Law. Mr. Marshall noted that the federal law required providers to provide and maintain reliable coverage. Mr. Hammond asked if IWO had to serve a certain percentage of the population in their license area. Town of Ulysses 4 Planning Board Meeting 9/6/2001 Mr. Marshall answered no . He noted that 33% is a build out requirement. Mr. Hammond and Mr. Marshall discussed the build out requirement. Mr. Warner showed the map of coverage from the Perry City Road location. Mr. Warner noted the blue area to be adequate coverage and the white areas to be inadequate coverage. He noted these white areas to be holes/gaps. Mr. Warner noted holes/gaps in the Village of Trumansburg. Mr. Andy Hillman asked if the maps were based on propagation studies or the actual use of the Perry City Road Water Tank. Mr. Warner; noted that the maps were based on propagation studies. Mr. Andy Hillman noted that he did not understand why the maps were based on theoretical propagation studies. Mr. Hillman noted that he had a friend that lived in an area that is white on the map, his friend has Sprint and doesn't usually get good reception but for a short while he received great reception. He noted that he could now understand why his friend was getting good reception because IWO had turned on the Perry City Road Antenna. Mr. Hillman asked why actual data was not used for the studies. Mr. Gunther Keil asked if the propagation maps were accurate, he heard they were not accurate. Mr. Warner noted that the propagation maps were very accurate. He noted that Independent Wireless One Corp. had submitted data that was taken from a site (not the Perry City Road site) after it was turned on and compared it to the model the computer gives of coverage. Mr. Warner noted the propagation predictions to be almost exactly the same. Mr. Tyler asked if IWO did some testing at the Village of Trumansburg Water Tower. Mr. Warner noted that he submitted a propagation study for the Village Water Tower. Mr. Tyler noted that IWO had a license from the village of Trumansburg to do a test on the Village Water Tower. Mr. Warner noted that IWO received authorization for testing but it was not necessary to do a test from the Village Water Tower. Mr. Tyler asked Mr. Warner why the test was not considered necessary. Mr. Warner noted that Independent Wireless One Corp. determined before they did the test that the Village Water Tower would not provide the coverage that was needed. Mr. Tyler noted that IWO ' s position was that the propagation studies are more accurate than the actual testing. Mr. Warner noted his position to be that the propagation studies are an accurate representation of what the actual testing would predict . Mr. Warner noted that it is not necessary to 'perform all the actual testing when propagation studies can predict coverage. Ms. Ruth Kahn asked if IWO investigated what the coverage would be with the combination of the McKeel Road tower and the Perry City Road Water Tower. Mr. Warne r noted that yes the combination of the two sites had been propagated and the results have been provided to the Planning Board. Ms. Ruth Kahn asked if there was a propagation map for the study of the two towers combined and what IWO used to predict these studies. Town of Ulysses 5 Planning Board Meeting 9/6/2001 Mr. Warner noted that yes there was a propagation map showing the combination of both towers. Mr. Warner noted that IWO used a software tool made by Northwood technologies called decibel planner. He noted that the software takes into consideration the elevation, the height of the ground, and clutter (trees, buildings, etc) . Mr. Hammond asked if the software used by IWO accounted for a drop in elevation. Mrs. Geri Keil noted she had attended a workshop by Krines & Krines communications workshop. She read into the record information obtained from the workshop she attended. Mrs. Keil asked if it was necessary to cover every little gap. Mr. Kennedy asked if Independent Wireless One Corp. ' s only concern was to cover Route 96. Mr. Warner noted that Independent Wireless One Corp. did not want coverage only on Route 96. Mr. Kennedy noted that coverage along Route 96 seemed to be the main emphasis. Mr. Warner noted that continuous coverage along Route 96 has been the emphasis but that IWO wanted area coverage also . Mr. Kennedy noted that IWO had previously been asked if they had a map that showed both water towers. Mr. Warner showed the propagation map of both towers. Mr. Kennedy noted the map Mr. Warner was showing was a map of the Trumansburg Water Tower and the Perry City Water Tower. Mr. Hammond and Mr. Warner discussed coverage on the map. There was discussion of the coverage being in the gorge below as opposed to on the bridge at Route 96 and Rabbit Run Road. Mr. Hammond noted that if both the Trumansburg Water Tower and the Perry City Water Tower were turned on the gap in coverage would possibly disappear. He noted the reason it probably did not show coverage in the propagation study is the map is showing topography and it is reading 40 feet below the bridge instead of on the bridge where people would actually be. Ms. Jean Foley noted there to be a misunderstanding about the emergency system. She noted the county to be working on its own system for emergency use. She noted that the county was not looking at using PCS technology for their system and that the county had not located a specific tower site yet . Ms. Jean Foley asked what was happening with the investigation of the Presbyterian Church and the Methodist Church. Mr. Tyler noted the status of the Methodist Church investigation by Independent Wireless One Corp. was not known by the Planning Board. Ms. Jean Foley noted that the Methodist Church steeple was only 10-feet shorter than the Presbyterian Church and if the Presbyterian Church said no then the Methodist Church should be approached. Mr. Hammond noted that he remembered the discussion about the Methodist Church. Mr. Kennedy asked if there were any further comments. None were heard. Mr. Kennedy closed the Public Hearing at 8 : 47 p. m . Town of Ulysses 6 Planning Board Meeting 9/6/2001 Mr. Kennedy noted the Mr. Warner had suggested that Sprint Wireless Service was different from Verizon or Cingular Service . Mr. Kennedy asked Mr. Warner to explain the difference. Mr. Warner noted that the difference is that the PCS license is operated at a frequency that is a little more than twice what the frequency for cellular systems are. PCS is more line of site than cellular. Cellular carriers are required service on the oldest technology available, the' analog. IWO uses digital service. There is a possibility of six PCS carriers and only two cellular carriers. Mr. Kennedy asked if Verizon and Cingular were analog and not digital. Mr. Warner noted that Verizon and Cingular could provide digital but they had to provide analog as well. Mr. Hammond asked what PCS stood for. Mr. Warner noted it to stand for Personal Communication Service. Mr. Kennedy asked if IWO ' s digital service was any different than Verizon or Cingular digital. Mr. Warne noted that there were a number of digital formats that carriers could choose . He noted all the formats had their advantages and disadvantages. Mr. Kennedy noted that he has a phone that has singular service and his phone indicates whether it is receiving digital or analog signals. He noted that he has driven the route from Perry City Road to the Ulysses Line in Covert, and his phone was receiving digital the entire time . He asked if Mr. Warner knew where singular has their antennas. Mr. Warner noted that he did not want to comment too much on other carriers. Mr. Kennedy noted that Independent Wireless One Corp. said they were interested in co-locating that is why he asked where singular had their antennas. Mr. Warner noted that he was interested in co-locating and he believed that Cingular was located on the Trumansburg Water Tank. Mr. Kennedy noted the antenna on the Trumansburg Water Tank was not the only Cingular antenna in the area. Mr. Warner noted he felt it was possible that Cingular did have other antennas in the area. Mr. Kennedy asked if Mr. Warner if he knew where the Verizon antennas were located. Mr. Warner answered no he did not know where the Verizon antennas were located. Mr. Kennedy noted that IWO was interested in co-locating and the location of the other antennas should be of importance . Mr. Warner noted that the location of the other antennas could be important but the frequency that IWO operated on is substantially different. The specific location that 1 Verizon and Singular use would be different from the locatic,ns that IWO would need to use . Mr. Kennedy noted that Verizon no longer sells analog phones in this area. Mr. Warner noted that it is not an analog/digital issue. It is an issue of the frequency that IWO operates on. hr algg Town of Ulysses 7 Planning Board Meeting 9/6/2001 Mr. Hammond asked if IWO broadcasts a digital service at a different frequency than a cellular service broadcasts their digital service. Mr. Warner answered yes they broadcast at a different frequency. He noted the FCC license is for specific watts of frequency. A cellular carrier operates under a different set of rules. Mr. Hammond asked if it is a less demanding network for cellular carriers to provide digital service. Mr. Warner answered yes it is less demanding. He noted that a 900 Megahertz frequency would provide a greater coverage. Mr. Hammond noted that if you have low frequency digital and you have high frequency digital and one is much easier to broadcast then why bother with the other. Mr. Warner noted that the other frequencies were taken. The FCC chose additional carriers and to foster more competition in Wireless Radio . The lower frequency allows one to propagate at greater distances. Mr. Hammond asked if the frequencies that are easier to broadcast are already taken. Mr. Warner answered yes. Mr. Warner explained frequencies. Ms. Hilbert asked what happens when a customer is on IWO ' s phone and enters the area where IWO ' s coverage ends. Mr. Warner noted that coverage extends, and the customer could continue on IWO ' s system for a while. Coverage would extend to a certain location and would be picked up by another carrier. Ms. Hilbert asked if coverage would be continuous without being dropped. Mr. Marshall noted that Sprint PCS is a national license and assigns territory and noted Sprint to be a national network. If territory is built out then continuous coverage will be provided. He noted that two systems work together. Ms. Hilbert asked if a person with a Sprint phone could get service now. Mr. Warner noted that no , a person with a Sprint phone could not get service in this area now. Mr. Warner noted that a Sprint customer would be capable of roaming on another carriers system. Ms. Hilbert asked if roaming was considered as coverage . Mr. Warner answered no, roaming was not considered as coverage because it is not competitive. One carrier has a lock on the market and could charge what ever they wanted for roaming . Mr. Marshall noted that the ability to roam is not considered as reliable coverage. Ms. Hilbert noted that IWO seemed to be emphasizing Route 96 as their main concern for coverage . Mr. Marshall noted that Route 96 was not IWO ' s main concern but that is the primary coverage. Mr. Rachun noted that at the initial meeting a statement was made that there would be no roaming charges with Sprint but now it seems that their can be roaming charges if another carrier provides coverage to the Sprint customer. Mr. Marshall answered yes; roaming charges could apply to a Sprint customer. 67, 0 Town of Ulysses 8 Planning Board Meeting 9/6/2001 Mr. Jimmie iStober explained roaming charges plans provided by carriers. Mr. Hammond noted he received an e-mail that pointed out the light poles to be at 75 - feet and the propagation studies IWO submitted showed the light poles at 50-feet . Mr. Hammond asked if the Planning Board could see propagation studies with the light poles at 75-feet. Mr. Tyler noted that he was troubled by the fact that IWO has facilities on the Perry City Road Water Tower and they have a license to test on the Village Water Tower, but haven't done the testing. He noted that IWO has done testing on the Perry City Road Tower but they have not shared that information with the Planning Board. Mr. Tyler noted his concern to be that the Planning Board needed art expert to help assess the propagation studies. Mr. Tyler noted that he has looked at the Village Water Tower propagation study and he has looked at the McKeel Road propagation study and he does not see that the proposed site is adequate for coverage along Route 96. He noted the need to consult an expert . Mr. Hammond agreed with Mr. Tyler that the Planning Board needed to hire an expert. Mr. Hammond asked about the types of antennas/panels (21x4ft .) . Mr. Warner noted that the panels are about 5feet long and 1 fbot wide. Mr. Hammond noted that at previous meetings IWO talked about various types of antennas that can be installed. Mr. Hammond noted that IWO talked about antennas being located on buildings, or in buildings. He noted that looking at the map of the McKeel Tower at 180 feet and the amount of coverage IWO received from that location he noted that to be almost the same amount of coverage the proposed 120 ft pole would provide IWO with the exception of some small gaps in coverage in the Village of Trumansburg. He asked IWO what did they realistically see as filling in these small holes in the Village of Trumansburg, if not the church steeple, then what about another structure in the Village . Mr. Marshall noted that the steeple showed it filled the coverage holes/gaps. Mr. Marshall noted that church would not work and there was the issue of historic registries. Mr. Hammond asked if a lft .x5ft . panel is the only type of antenna that will provide coverage or' are there other options available ; that would be less obtrusive . Mr. Warner noted that the bigger the antenna the more coverage. He noted that other antennas would not provide the same coverage to fill those holes/gaps. Mr. Hammond asked if it was possible to fill the gaps in coverage with something besides a large panel or was it impossible . Mr. Warner noted that it was possible to fill the gaps with something besides a large panel but not on the church steeple. Mr. Hammond pointed out the light poles at the Trumansburg School g 1� ur High g g at 75 feet . Mr. Kennedy noted the deadline of October 26, 2001 and the decision not to proceed with SEQR , tonight . Mr. Marshall noted that Independent Wireless One Corp. Would like to put finality on the analysis. Mr. Marshall noted that IWO has studied alternative sites. Mr. Kennedy noted that the Planning Board has been fair and reasonable with the requests of alternative sites. I'? ' Town of Ulysses 9 Planning Board Meeting 9/6/2001 Mr. Tyler noted that the Planning Board needed to consult with an expert to decide if the Planning Board needed further propagation studies and Mr. Tyler stressed the importance of meeting with a consultant as soon as possible . Mr. Kennedy noted that it was previously mentioned about the testing on the Perry City Road Tower. Mr. Kennedy noted that the tower needed to be turned on and actual readings taken. He asked if Mr. Warner thought this would resolve any problems with coverage. Mr. Warner noted that he did not think testing the Trumansburg Water Tank would provide a solution. Mr. Hammond noted that rather than to ask IWO to provide anything further at this time the Planning Board needed to talk to an expert . Mr. Kennedy noted that in a study IWO transmitted at 1960 to 1965 , and received at 1870 to 1885 . Mr. Warner noted that to be the correct transmission information. Mr. Kennedy asked if there were any further questions . Mr. Marshall asked when the Planning Board would have the information pertaining to a consultant. He asked when the Planning Board would review SEQR. He asked if IWO could get a time line on when the information would be available. Mr. Tyler noted that the Planning Board could not provide that information tonight, He noted that the Planning Board was aware of the deadline . Mr. Rachun noted that the Planning Board should determine tonight how they planned to go about attaining a consultant . Mr. Tyler moved, Mr. Hammond seconded , to empower Mr. Kennedy to find and hire a consultant. Mr. Tyler aye Mr. Hammond aye Mr. Kennedy aye Ms. Hilbert aye Mr. Ochs aye Adopted. The Planning Board discussed the actions necessary to empower the chairman to find and hire a consultant. Mr. Ochs asked who paid for and who approves the consultant. Mr. Rachun noted the Planning Board to have the power to hire a consultant . Ms. Hilbert asked if the Planning Board could request IWO to turn on the antenna and _' ` test it. The Planning Board decided to consult with an expert before further discussing the tower proposal submitted by IWO . There was discussion about digital service and possible alternative sites. Mr. Marshall asked if IWO would have an opportunity to talk with the expert also . Mr. Kennedy noted that IWO would have an opportunity to talk with and be present when the Planning Board met with the consultant . 0?%,' Town of Ulysses 10 Planning Board Meeting 9/6/2001 The Planning Board discussed the dates they would be available between now (September 6, 2001 ) and October 26, 2001 . Mr. Kennedy noted that he would not be here and Mr. Geiger was appointed to be the substitute Chairman in Mr. Kennedy' s absence. Mr. Kennedy asked if there were any more questions. Hearing no further business, Mr. Hammond moved , seconded by Mr. Tyler to adjourn the meeting until the Planning Board could obtain a consultant. Mr. Hammond aye Mr. Tyler aye Mr. Kennedy aye Mr. Ochs aye Ms. Hilbert aye The meeting adjourned at 9: 47p. m . Eva Gabriel Planning Clerk EMG :emg • l