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1985.05.08_PB_Minutes_RegularI TOWN OF HIGHLAND BEACH, FLORIDA • PLANNING BOARD MAY 8, 1985 9:30 A.M. Acting Chairman Raymond F. Blosser called the Regular Meeting of the Planning Board of the Town of Highland Beach, Florida, to order at 9:30 A.M. The recording secretary called the roll. Present were R. F. Blosser, M. A. Waldman, first alternate member John E. Ward and second alternate member A. Leng. Absent from this meeting were Chairman I. S. Saunders and Vice Chairman D. R. Rome. Also present were Town Attorney Tom Sliney, Building Official Bruce Sutherland, Recording Secretary Anne Kowals, Representatives of the Empire Group - Mr. William Jernigan and Mr. Dan Vargas, Jr., Presi- dent of Seagate of Highlands Association Mrs. Jane Raynor, Monterey House Representative Mr. Frank Edwards, and many Town Residents. Mr. Waldman made a MOTION, seconded by Mrs. Leng, to approve and ac- cept the minutes of the Regular Meeting of April 10, 1985, and the Special Meeting of April 24, 1985, as written. All members were in • favor of the MOTION. MONTEREY HOUSE, MR. FRANK EDWARDS, - SATELLITE T. V. ANTENNA SEAGATE OF HIGHLANDS, MRS. JANE RAYNER - SATELLITE T. V. ANTENNA EMPIRE GROUP, INC., MR. DAN VARGAS, JR., AND MR. BILL JERNIGAN, REPRESENTATIVES, PRESENT. Acting Chairman Blosser, in the interest of time, suggested that since both applications were made by the same firm and the plans are virtu- ally identical except for location on the roof -tops, the matter be consolidated and a recognized spokesman for Seagate, for Monterey House and the Empire Group be heard. Representatives for Seagate and Monterey House agreed to Mr. Blosser's suggestion. Mr. Dan Vargas, Vice President of the Empire Group opened the floor to the Board regarding questions about the installation. When questioned by Mr. Waldman if Empire installed any satellite dishes on any highrise buildings along the ocean, Mr. Vargas replied they had not. • PLANNING BOARD Regular Meeting May 8, 1985 Page 2 of 7 • Continuing with his presentation, Mr. Vargas said the system would employ a safe installation with the structure designed to withstand 125 mph (zone C wind -loading in South Florida Area) . Mr. Blosser pointed out that the plans are sealed and initialed by a registered architect but they are not signed. A legal description is lacking on the Monterey application, stated Mr. Blosser; and we're proceeding on the assumption that those technicalities would be re- medied before any further measures were taken. Mr. Vargas advised the satellite dishes point in a Southwest direc- tion, 255 degrees, where the satellites are located on the horizon. Galaxy 1 is planned for Monterey and Satcom 3R for Seagate, continued Mr. Vargas. Mr. Blosser asked if Empire Group was aware that most of the major services have gone to Galaxy 1. A discussion followed regarding the pirating of signals. Mr. Vargas stated that the "right to view act of 1984" was signed in December which says that reception of a satellite T. V. signal is not illegal • for the homeowner or non-profit organizations. There is no violation of any copyright acts, continued Mr. Vargas. Mr. Blosser said since Section 705 of the Communications Act Provi- sions were adopted last Fall, the matter of pirating signals is much more complicated than stated by Mr. Vargas. On the roof -top of Seagate, Mr. Vargas said, the satellite dish is located behind the large elevator wall. At the Monterey House, the height is lower but there is another building behind structure where the satellite dish would be located. The satellite dishes, continued Mr. Vargas, are made of lightweight aluminum and approximately 150 pounds in actual surface area weight. Members questioned if the satellite T. V. dish can be ground mounted. Mr. Vargas explained there is no reason why they could not be placed on the ground except for the setback requirements in the Town. It would also necessitate re -approval from the Community Appearance Board regarding ground location. Regarding setback requirements, Mr. Blosser said there is nothing to prevent anyone from applying for a variance if there is a hardship. 0 I PLANNING BOARD Regular Meeting • May 8, 1985 Page 3 of 7 The following article from Radio Electronics Magazine was read into the minutes by Mr. Blosser. "You have two choices as to where you install a dish --on the ground, which is the best choice, if possible; or on a roof. You gain nothing (but potential grief) if you mount your dish anywhere but on the ground when you do not have to. Additional height accomplishes nothing here since the satellite signal arrives just as strong to a clear vision site located on the ground as it does to a similar site on a roof. Remember that even a mesh antenna is not too different for wind -loading purposes than a sail. The same wind forces that drive a sailboat will rip and tug at the dish and its mount." In speaking with Mr. Patrick Wolfer, Supervisor -Assistant Engineering at Scientific Atlanta, Mr. Blosser was informed that the mesh dish antenna had no advantage over the solid metal antenna regarding the difference in survivability or wind -loading. Air going through a hole will quickly reach the point where it will not go through and will pile up. The only reason for a mesh dish is aesthetics. is Mr. Blosser said the specifications should be the same for a solid dish and a mesh dish. According to the Southern Building Code of 1982 and the ordinances of Highland Beach, continued Mr. Blosser, the basic wind -load pounds per square foot factor is 48 for a build- ing height of 51' to 100' and 58 for a building height of 101' to 200'. The Empire Group submitted a design, as indicated on the Seagate ap- plication, of a dish made of screen mesh based on a wind -load factor of 20 pounds per square foot. The dish, continued Mr. Blosser, in my opinion, is very seriously under -engineered regarding requirements to be met. The satellite dish antenna on the roof of the Regency Highland was discussed by the board. Mr. Blosser informed the members that the Regency installation was changed to a 68 pounds per square foot wind - load factor due to the height of that building. The Regency instal- lation, said Mr. Blosser, was found to be very sturdy because a larger dish was used. 0 F, PLANNING BOARD Regular Meeting • May 8, 1985 Page 4 of 7 Mr. Blosser suggested that anybody concerned with satellite T. V. dish antennas take the time to inspect and study a proper dish installed behind Town Hall. The 20' antenna is the original dish. The other 12' dish antenna was inadequate therefore additional panels were bolt- ed on to increase the diameter to 141. Mr. Sutherland stated he examined the installation at the Regency which originally was to be removable. Designwise and safety -wise, Mr. Sutherland continued, it was determined it would be best if the unit was fixed in a permanent position. The Building Official said the dish has been maintained and is in good condition. Mr. Blosser requested the representative from Monterey step to the microphone, identify himself and comment regarding their application. Mr. Frank C. Edwards of Monterey House stated he has resided in High- land Beach since 1970 and is interested in its appearance, safety and also the use of modern technology. As a graduate engineer, I understand the full importance of the me- chanics of these things, continued Mr. Edwards. When we began this • project, we went to Town Hall to see what was required. Mr. Edwards said they have no desire to put up a dish that is not stable or could cause injury to anyone. The best engineering talent was engaged to design the satellite and its moorings, said Mr. Edwards. The Building Official said that was all he needed because it was signed by that group and Mr. Sutherland was satisfied, continued Mr. Edwards. Monterey and Seagate appeared before the Community Appearance Board and both received unanimous approval as far as aesthetics, said Mr. Edwards. Mr. Edwards stated they will comply with every safety feature and re- quested the Planning Board approve their application for a roof -top satellite television antenna. Mr. Ward stated the responsibility of the Planning Board is to see that the building codes are complied with. The code states that an antenna would have to withstand a wind -load factor of 48 and 58 pounds per square foot for buildings the height of Monterey and Seagate. The applications submitted by the Empire Group indicate only 20 pounds per 40 square foot, continued Mr. Ward. PLANNING BOARD Regular Meeting • May 8, 1985 Page 5 of 7 Mr. Blosser pointed out the fact that the ordinance has been in effect for approximately three years and was adopted to protect the Town. At this point, the president of Seagate was invited to comment on the matter. Mrs. Jane Rayner, president of Seagate Association and resident in D Building at Seagate addressed the board. From an engineering stand- point, I'm not equipped to discuss this matter, said M3-z,.Rayner. It was my understanding that we met all requirements regarding the engi- neering factors. If we comply with all engineering requirements for the ground mounting you suggested, are we apt to run into something we don't realize we haven't met, asked Mrs. Rayner. Town Attorney Tom Sliney, responding to Mrs. Rayner, said if there is a setback problem, Seagate would have to go before the Board of Ad- justment for a variance. If there is no setback problem, a new ap- plication designating a new location for the dish could be submitted to the Planning Commission. Mr. Blosser said if there is a setback problem and a variance were granted, there would be nothing to prevent Planning Board approval Is provided the dish antennas were properly engineered and not under - engineered. Regarding the community Appearance Board's requirements, Mrs. Leng stated there is a definite criteria as they are very concerned about screening. Mrs. Leng said that if these dish antennas were ground mounted, they could be carefully and beautifully screened to the height of the dish. Mrs. Rayner requested that since she had not been in on all the nego- tiations that anyone from Seagate who had been on the committee be allowed to speak. Mr. Blosser conceded to Mrs. Rayner's request and allowed Mr. Art Schulz who was part of the Advisory Committee on the satellite dish to comment. Mr. Schulz said Seagate tried to adhere to all require- ments and specifications regarding their application for a dish an- tenna. I am a'sking what we can do, continued Mr. Schulz, so that the Planning Board will approve our television dish. Town Attorney Tom Sliney mentioned Town Code Section 9-12.1 regard- ing satellite television antenna systems. The Town was so concerned about the antennas being up in the air, continued Mr. Sliney, that . it said "Unless specific approval is granted by the Town Commission, satellite television antenna systems shall be ground mounted." F, PLANNING BOARD Regular Meeting • May 8, 1985 Page 6 of 7 It was clear the intent was that the Town would try to encourage that the dishes be mounted on the ground. The Planning Board, continued Mr. Sliney, is charged with reviewing plans and must consider all safety factors. Basically, the board has serious reservations regarding the safety factors of these two pro- posed installations, said Mr. Sliney. Mr. Waldman made a MOTION as follows: "I move that we reject the Sea- gate of Highland and Monterey House applications for roof -top satellite dish antennas on the finding that all satellite dish roof antennas, current 10 to 20' diameters, represent dangerous potential hazard to life and property, and that these proposed installations in particular are seriously deficient in engineering standards." The MOTION was seconded by Mr. John Ward. The recording secretary called the roll which resulted as follows: Mrs. Leng 'aye' Mr. Ward 'aye' Mr. Waldman 'aye' Mr. Blosser 'aye' • Mr. Blosser declared the MOTION carried four to nothing. Town Attorney Sliney asked Mr. Blosser if he might briefly discuss Royal Highlands, though it was not on the agenda. Acting Chairman Blosser agreed to hold the discussion under "Old Busi- ness" as it was a continuation from a previous meeting. ROYAL HIGHLANDS After looking into some factual things on Royal Highlands, Mr. Sliney wrote a letter to the Planning Board summarizing the findings and in- dicating the best procedure would be to require Royal Highlands to resubmit the "original plans" so the Planning Board can review them thoroughly. The record does not indicate that they were previously reviewed thoroughly and it is unclear as to what exactly was approved in the 1981 plans, continued Mr. Sliney. The Planning Board, said Mr. Sliney, should review changes and condi- tions, such as erosion and other problems, that may have happened. The equitable way of doing this is to require Royal Highlands to re- submit the "original plans", whatever they are maintaining they have • a right to as relates to the building permits issued in 1981. Attorney Sliney stated since Royal Highlands withdrew the new plans (or plans 42) and stated their intention to go back to plan 41 (the original plans) the Planning Board should thoroughly review plan #1 in relationship to what was allowed in the 1980 stipulation. PLANNING BOARD Regular Meeting May 8, 1985 Page 7 of 7 • Mr. sliney said his letter of May 7, 1985, was written because Mr. Moss, at the last meeting, stated Royal Highland can put their money down and can pick up their permits automatically. Acting Chairman Blosser asked that the matter of Royal Highland Build- ing applications be placed on the agenda for the next meeting scheduled for Wednesday, June 12, 1985, at 9:30 A.M. Mr. Waldman MOVED that we follow the Town Attorney's recommendation concerning Teron International as set forth in his letter of May 7, 1985, to the Planning Board, advising them of our position that any plans previously submitted must be re -submitted for review and approval by the Planning Board. Mrs. Leng seconded the MOVE which carried unanimously. A brief recess was called by Mr. Blosser at 11:30 A.M. The meeting reconvened at 11:40 A.M. The next item on the agenda is the methods of reviewing the Comprehen- sive Plan and Zoning, said Mr. Blosser. In the absence of the Chairman and Vice Chairman, discussion on this matter should wait until the next • meeting on June 12, 1985, Mr. Blosser suggested. Mr. Waldman said he would like to see the density in Highland Beach lowered to 12 units per acre to keep in line with surrounding Towns, and raise the impact fees for developers. Mr. Blosser mentioned that Boca Raton has a voluntary impact fee based on so much a square foot on any project that is improved anywhere along medians. As the Town Manager was absent from this meeting, Mr. Blosser said the 'Discussion of Building Department Procedures' would be placed on the agenda for the next meeting. ` Mr. Ward mentioned that he would like to have the procedures in tabu- lated form rather than in conversation form. Mr. Waldman made a MOTION, seconded by Mr. Blosser, to adjourn the meeting. Act' g Chairman !Cer adjourned the meeting at 12:10 P.M. APPROVED - A. Leng /'"' ' , Ra d F. Blosser, A ting Chairman • ATTE! DATE M. ldman Ward / 5/23/85-amk