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1998.03.03_TC_Minutes_Regulart ~ TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, March 3, 1998 1.30 P M Mayor Arlin G. Voress called the Regular Meeting to order in Commission Chamberd at 1:30 P.M. Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor John F. Rand, and Commissioners David Augenstein, Thomas J. Reid and Michael W. Hill were present. Also present were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano and members of the general public. Following roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA With no objection, the Agenda was accepted as presented. APPROVAL OF MINUTES Upon MOTION by COMMISSIONER REID/COMMISSIONER HILL, four (4) sets . of Minutes were unanimously approved: January 27, 1998 - Workshop Meeting February 03, 1998 - Regular Meeting February 18, 1998 - Special Meeting February 18, 1998 - Special Workshop Meeting PUBLIC COMMENTS AND RE UESTS Victor Hadeed (3201 S. Ocean Blvd.), James Niehoff (3212 S. Ocean Blvd.) , Dr. Ray Murphy (4023 S. Ocean Blvd.) , Leonard Bell (2727 S. Ocean Blvd.), and Jerry Marshall (1088 Bel Lido Drive) all noted Vice Mayor John F. Rand's completion of service on the Commission and expressed their good wishes to him. (Copy of Judge Niehoff's prepared remarks attached to and made part of these Minutes) As President of The Highland Beach Library Foundation, Mr. Bell also requested that the Foundation be included in the March 18 Dedication Ceremony for the Town Hall complex. REPORTS - TOWN COMMISSION Vice Mayor John F. Rand read a statement into the record regarding his completion of service on the Commission. (attached to and made part of these Minutes.) Commissioner David Augenstein had no report. Minutes of Town Commission Meeting March 3, 1998 Regular Meeting Paae 2 of 4 Commissioner Thomas J. Reid reported he had a number of requests from residents regarding repairs to the bike path, and also to AlA in light of recent weather that had caused flooding in some areas of the Town, including the St Lucy Church parking lot. Mayor ,Arlin G. Voress advised that Montgomery Watson had issued a final report regarding salt water intrusion in the Town's wellfields; in the future CH2M Hill will continue this monitoring. The Mayor also advised that the annual fire/rescue report is available for review in Town Hall; and the Town has again earned a "Tree City USA" designation. Regarding recent flooding, the Mayor commented that while the Town will continue to seek improvements in drainage capabilities, its barrier island location will continue to make it necessary to tolerate some results of heavy rains. Concluding his report and with unanimous approval following MOTION by COMMISSIONER REID/COMMISSIONER AUGENSTEIN, Mayor Voress directed the Town Manager to seek competitive bids, in conformance with the. Competitive Negotiation Act, for the renovation/expansion of the Town's maintenance/garage building. • In the course of their remarks, all of the Commission members extended good wishes to Vice Mayor John F. Rand on completion of his service to the Town. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney had no report; however, he also expressed good wishes to Vice Mayor Rand. REPORTS - TOWN MANAGER Town Manager Mary Ann Mariano reminded the Commission that a Special Meeting to canvass results of the March 10 election must be held on March 11 at 1:00 P.M. REPORTS - BOARDS & COMMITTEES The Board Action Report was accepted as information and monthly meetings for March were read into the record; there were no vacancies to consider. PROPOSED ORDINANCES AND RESOLUTIONS AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE N0.659, WHICH APPROPRIATED FUNDS FOR Minutes of Town Commission Meeting . March 03 , 1998 Page 3 of 4 THE FISCAL YEAR 1996/1997, WHICH BEGAN OCTOBER 1, 1996 AND WILL END SEPTEMBER 30, 1997. (first reading 02/03/98; published 02/13/98; final reading 03/03/98) With no discussion and upon MOTION BY COMMISSIONER REID/COMMISSIONER AUGENSTEIN, this proposed ordinance was unanimously adopted by roll call vote. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, URGING THE 1998 FLORIDA LEGISLATURE TO PASS HB 3427 AND SB 882 WHICH PROVIDES A DEDICATED FUNDING SOURCE FOR STATEWIDE BEACH MANAGEMENT; AND PROVIDINNG FOR AN EFFECTIVE DATE. With no discussion and upon MOTION by COMMISSIONER REID/COMMISSIONER HILL, this resolution was unanimously adopted. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DECLARING THE ELECTION FOR ONE (1) COMMISSION SEAT TO HAVE BEEN HELD ON THE 10TH DAY OF MARCH 1998 TO BE UNNECESSARY SINCE THE ONLY CANDIDATE WHO QUALIFIED IS UNOPPOSED. With no discussion, and upon MOTION by COMMISSIONER REID/COMMISSIONER AUGENSTEIN, this resolution was unanimously adopted. REGULAR BUSINESS Items Left Over (1) After some discussion, and upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER REID, $15,000 was unanimously approved to be spent on the clock proposed to be installed in front of Town Hall for the Town's 50th anniversary, with the proviso that Commissioner Augenstein will postpone ordering until specifications have been received and it has been determined that they meet all Town Code and other requirements. (2) After some discussion, Sprint's February 13, 1998 proposal to utilize Town property for telecommunications purposes was unanimously declined upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER REID as follows: THE COMMISSION DOES NOT ACCEPT SPRINT'S FEBRUARY 13, 1998 LETTER PROPOSAL TO USE TOWN FACILITIES FOR TELECOMMUNICATIONS PURPOSES, AND THE APPLICANT IS NOW FREE TO SEEK OTHER LOCATIONS IN THE TOWN SUBJECT TO CONFORMING WITH THE TOWN'S TELECOMMUNICATIONS ORDINANCE. (Copy of Sprint 2/13/98 letter attached to and made part of these Minutes) ` Minutes of Town Commission Meeting March 03, 1998 Regular Meeting Page 4 of 4 (2a) PrimeCo's explanation for declining use of Town facilities for telecommunications purposes was discussed at some length and unanimously accepted upon MOTION by VICE MAYOR RAND/COMMISSIONER REID as follows: THE COMMISSION ACCEPTS PRIMCO'S FEBRUARY 5, 1998 EXPLANATION FOR DECLINING USE OF TOWN FACILITIES FOR TELECOMMUNICATIONS PURPOSES; THEY ARE NOW FREE TO SEEK OTHER LOCATIONS IN THE TOWN SUBJECT TO CONFORMING WITH THE TOWN'S TELECOMMUNICATIONS ORDINANCE. (Copy of PrimeCo's February 5, 1998 letter attached to and made part of these Minutes) (3) It was agreed that a Public Hearing to discuss Comprehensive Plan Amendments prior to submittal to the Department of Community Affairs for review will be scheduled in conjunction with the March 31 Workshop Meeting. There being no further business to come before the Town Commission at this time, the Mayor adjourned the Regular Meeting at 2:35 PM. . dmt APPROVED: ~~_~~ji- _-~ Arlin G. Voress, Mayor c ~ ~` David Augenst 'n, Commissioner John F. Rand, Vice Ma or "\ Thom s J. id, Commissioner hael W. Hill, Commissioner ATTES ~'~~ . ~. It-L,,~. ~ 6,C. ~ -.~~,-~-- DATE : l.~' L' ~ l l ~ ,~ U t' ~ ~~ REMARKS BY JAMES F. NIEHOFF RE VICE MAYOR JOHN. F. RAND AT 3/3/98 REGULAR MEETING • Mr. Mayor, Members of the Town Commission, Town Attorney, Town Manager, and my friends on the back benches: I,too, wish to make a few brief comments on the occasion of Vice Mayor Rand's last meeting as a Member of this Commission. One of the things that I have been impressed with as I have attended Town Commission hearings is how very few residents who appear before this Commission find fault with its members' performance. What is more, a truly resident- friendly atmosphere prevails at the meetings. Those facts speak volumes for the "State of the Town", and I believe they are a testimonial to the fact that our Town is well run. The many residents with whom I am acquainted give the • Town extremely high approval ratings. What I find unfortunate is that only a small num- ber of people ever seem moved to thank dedicated public ser- vants for their service to the community. Most people are not ungrateful, but often life gets so busy that we forget to be thankful, or to express our gratitude. John, as you complete your fruitful years of commit- ted service to the residents of our Town you can look back with pride on a job well done. I want you to know that many of us will not forget your many notable contributions for the . ~... r ~ -2- betterment of our Town, that we appreciate the outstanding service you have rendered, that we are thankful for all the good you have done for the Town, and that we wish you only the very best in the days ahead. • r: Farewell remarks of Vice Mayor John F. Rand at Town Commission Meeting of March 3, 1998 It's hard to believe that 7 years have passed since I was first inducted into Office but in our twilight years of fife, the sand in the hour glass of time seems to seep through more quickly than we were younger. This is my final report as a member of this Commission and in all due modesty I have a feeling of great pride in the contributions and recommendations which I have made in trying to make our Town the most enviable residential area in Palm Beach County. As many of you will recall, 1 announced two years ago that this would be my final term of service as a govemin o ic~al of this ~~~~ K~#c"T~o,tiT~ Town and 1 am leaving political office only because 12rr~n 74 years old'and • think I owe it to my beautiful wife that we should be able to spend more time together with our children and grandchildren. I want to thank those of you who have supported and respected me for these past 7 years and for your friendship as well. I also wish health and happiness for all our residents in the years to come and my final comment is VIVA HIGHLAND BEACH. John F. Rand Vice Mayor _.,~ ~-Sprint February 13, 1998 Town of Highland Beach Mary Ann Mariano, City Manager 3614 South Ocean Boulevard Highland Beach, Florida 33487 Sprint PCS' Engineering and Network Operations 361 S.W. 'nth Avenue Building "B", _'nd Fta~r Plantation. Florida 33324 Telephone: y54 423 1200 Fax: y54 423 5265 Re: Water Tower Dear Mary Ann: In response to your phone call on February 1 lth below are the conditions that Sprint PCS is proposing in relation to the lease rent. In previous conversations we had, you mentioned that the Town wanted the first five years of rent paid up front, this item was detailed in the City of Hollywood lease that the Town of Highland Beach has used as a model. I have spoken with our corporate office in Kansas City and they have discontinued the practice of paying rent up front, and a rent amount as high as that which you requested. I did my best to negotiate on your behalf and corporate has counter offered with $20,000 a year, paying two years up front with a 4% annual increase paid on term. They will not agree with the other option we discussed of Sprint SPCS paying the amount you have asked for up front to the construction cost of the remodeling of the storage bays. I am aware of the amount of rent you would like to receive, however you have also stated that the Town is not in need of additional funds. Please keep in mind that Sprint PCS is trying to be fair. And also note that Sprint PCS is going through a restructuring in the Engineering and Operations Departments across the United States, of 700 employees. Therefore the amount of money to spend on lease amounts and construction has to be limited. In light of the changes that have arose the Town is still receiving a more than fair lease. Because of the high demand for some of these sites in our initial build out, Sprint PCS along with other companies have paid the amounts close to what was requested by Landlords. Unfortunately, in this case not only can Sprint can no longer pay these amounts as described above, the capacity sites are not nearly as high demand as the initial build out. In addition the competitive atmosphere of the industry has changed, revenues have decreased with so many new companies in the market. The carriers can no longer afford to pay the higher amounts as in the past. Please understand that I am sensitive to the Town's requests and will work with you to obtain a final agreement t}rdiYs mutually beneficial. I, on behalf of Sprint PCS certainly want this to work from every aspect. Should u ed anything further please do not hesitate to contact me. Sincer y, T M. Heller /tmh cc: Jerry Martin, Property Contractor Alan Ciklin, Counsel for Sprint PCS s t ' ~ .`` ~ / ~. PRI M EGOS" PERSONAL COMMUNICATIONS r~ L_J 5 February 1998 , ,. - .~ . - + .: `i' ~~ ~~D U ~ 1vJi~ ,, I Ms. Marianne Mariano Town.Manager -Highland Beach 3614 South Ocean Boulevard Highland Beach, FL 33481 PrimeCo Personal Communications, L.P "' Y"amato Road, Suite C00 flora Raton, Florida 33•i31•~+~i07 l?bl1 995-5500 Mazk Ciarfella Office Tel: (561) 995-5560 Fax: (561)995-5568 Pager: (561) 458-6458 Re: PrimeCo's Proposal To Install Antennas On The Ambassador South Condominium Dear Ms. Marino: The purpose of this letter is to advise the Town that PrimeCo Personal Communications (PrimeCo) has abandoned its interest in pursuing a lease for antenna installation on the Water Tower at the Town Hall Complex. PrimeCo has completed its Radio Frequency Analysis of the greater Highland Beach area to determine a location for PCS antennas. The reason this analysis has been delayed is a result of waiting for a site in Delray Beach to be completed. Section 6-254 of the Highland Beach Telecommunication Tower and Antenna Siting Ordinance indicates that PrimeCo must submit evidence that the Town owned properties cannot satisfy the engineering needs to provide coverage to the area. Specifically, the ordinance requires PrimeCo to satisfy one of the following criteria: a) No Town owned sites are located within the geographic area to meet the applicant's engineering requirements. b) Existing towers or structures aze not of sufficient height to meet the applicant's engineering requirements. c) The applicant's antenna would cause electromagnetic interference with the antenna on the existing towers or structures and would cause interference with the applicant's proposed antennas. d) The applicant demonstrates that there are other limiting factors that render the Town's site (s) unusable. r "~ Page 2 • Please find attached, PrimeCo's Radio Frequency Propagation Maps which clearly show that an antenna installation on the existing water tower will not provide the required coverage to the greater Highland Beach area The following should be used as a legend when examining the maps: Green - 90% In Building Coverage Red - 70% In Building Coverage Blue - In Vehicle Coverage Brown - On Street Coverage In addition, as a result of the new site which was recently "turned on" in Delray Beach, the water tower is located outside of the geographic azea of PrimeCo and will not provide the desired coverage in conjunction with our established network. At this time, PrimeCo intends to pursue, negotiate and execute a lease with a private condominium in South Highland Beach for an antenna installation. Further, it is PrimeCo's intention to satisfy all of the requirements of the Town's Telecommunication Tower and Antenna Siting Ordinance for that installation. To confirm the required process to obtain a building permit from the Town for a rooftop antenna installation, it is PrimeCo's understanding that the following must occur: 1) Review of the information submitted in this letter and ratification by the Town . Commission. I would request that this item be placed on an upcoming Town Commission meeting for review so that the Commission can make a fmding that the Town owned site does not satisfy PrimeCo's needs. 2) According to Section 6-251 (1), once #1 (above) is complete, the next step will be the submission of a building permit which will satisfy Section 6-252 of the ordinance. 3) Lastly, PrimeCo will submit a review fee of $750.00 made payable to the Town of Highland Beach. If the above steps are not correct, please contact me so that we may schedule a meeting to review the items above. Thank you for your assistance with this matter and if you should have any questions or comments, please feel free to contact me at 561-995-5560. Sincerely, Mazk Ciarfella Manager of Governmental Affairs cc: Paul Kane -Ambassador South Condominium Craig Angstadt -SBA Lisa Poirier MC/Isw Encl. ~~ / d' PRIMECO 777 Yamato Road, Suite 600 Boca Raton, FL 33431 (561) 995-5501 Fax(561) 995-5720 MEMORANDUM TO: Mark Ciarfella FROM: Matthew Kough //r~ RF Engineer RE: Highland Beach Sites DATE: February 5,1998 After reviewing the RF propagation maps in the Highland Beach area, I have determined that the Northern site (Water Tower) is too far from the center of our search ring. The site is located too far North, putting it too close to our other Northern sites and thereby also putting the site too far from the Southern sites. The result of installing a site at this location would be that it will leave a coverage hole to the South and create an area of interference to the North. The CDMA technology that we use requires an equal balance of power between sites. The Southern site (The Ambassador) is more centrally located and would be able to better cover the existing coverage hole. This site will create a better power boundary with the surrounding sites and will provide maximum coverage for the area. In conclusion, based on the topography of the area, the Ambassador site is best suited to cover the A1A corridor. If you have any further questions, please do not hesitate to contact me. RF PROP,~TION MAP • Jate~ n Wnic RF PROf~ATION MAP 1t7 .. r r _ Key *__... -.f P~trd Propcsel~J4 Date GSr,',2~P,~ User mkor, Time +.09.37:Si, Scete t to 82617 Coverage ~; -127 dBm ~ -135 dBm ^ -142 dBm ::; -147 dBm Q r Q HIGHLAND BCH. WITH NO SITE NOTE AREAS OF BROWN ALONG A1A TALL BUILDINGS PREVENT RF SIGNAL FROM AlA