11/15/76 Board of Public Works Minutes

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REGULAR MEETING NOVEMBER 15, 1976 5 1 a petition to the Board sigried by property owners and indicating their feelings about the sewer. Mr. Farrand reviewed the petition and those who indicated they were against the construction. Louis Wesszo said that the project includes many vacant lots where the sewer will not be needed. There was a discussion.regarding the costs quoted at the first public hearing and Mr. Farrand said the minutes of that meeting were available for -inspection. Mr. Wesszo asked if the payment for the sewers could be spread out over twenty years instead of five years for those on fixed incomes. Mr. Farrand said the payment plan is specified as five years. Mrs. Wesszo said there are back taxes due on many of the lots. Mr. Farrand said the taxes are not relevant to this discussion. Mr. Wesszo said many of the lots -7ill be turned over to the County for taxes .Mr..Brunner said that the property, owners have -made a persuasive argument for their case and the Board -understands their feelings. The Board must now determine whether more than one-half the property owners are against the project. If that is the case, the project might not go through. HOWever, Mr. Brunner said the property owners should understand that Dr. McCraley, the County Health Officer, has stated in a letter to the Board that any hesitancy on the part of the Board to approve the project might produce a mandate from the Health Department to construct the sewers. Mrs. Wesszo said there are only eleven houses in the area and only two of them need sewers, one on Hillside and one on Highland. Mr. Farrand said a review of the petition indicated that there might be more than fifty per cent of the property owners against the project. Mr. Mullen made a motion that the Board rescind Improvement Resolution No. 3433. Mr. Brunner seconded the motion. The motion carried with Mr. Brunner and Mr —Mullen voting aye and Mr. Farrand voting nay. Robert Gonderman, Attorney for the Health Department, was present and said this action was not going to terminate the project. He said the Health Officer has a responsibility to the community and a determination will have to be made as to what action should be taken. VALLEY CABLEVISION.COMPLAINT Legal Interne Terry Crone reported to the Board that a response from the Federal Communications Commission regarding the complaint about radiation leaks from Valley Cablevision equipment was received. The F.C.C. indicated that they did not have Rules and Regulations available for distribution, but they could be obtained from Washington, D.C. Thee recommended that complaints about radiation leaks be brought directly to the attention of the company and, if unresolved, such cases should be brought to the attention of the community which issued the franchise. They further recommended that unresolved complaints about malfunctions sent to the company could be sent -to them with a history of the complaint and they would try to get greater cooperation fron the company. Mr..Crone said he net with Harry White, Manager of Valley Cablevision, and with Tim Zeak, South Bend Antenna Company. Mr. Zeak has agreed to give the City a list of specific sites where radiation leaks exist to be forwarded to Valley Cablevision. If their response is not favorable or satisfactorIT, the Board could forward the complaints to the F.C.C. for a determination as to whether or not Valley Cablevision is in violation of the Pules and Regulations. Mr. Zeak was present and said he hesitates to submit a list of the radiation leaks because he has forwarded these locations to Valley Cablevision before without success and he did not want to subject his customers to harrassnent or slander. He said he did submit a partial list to Valley Cablevision last Monday and on Tuesday Mr. 11hite stated that he was not aware of any leaks other than in the River Park area. Mr. Zeak said he invited Mr. White to be present this morning to answer questions of the Board. He said some of the problems go back over two years. Mr. Farrand said the Board would find it difficult to deal with this natter unless they had a list of the problems. He said the customers could submit their complaints directly to the