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1985.05.14_TC_Minutes_SpecialTOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission SPECIAL MEETING Tuesda , May 14, 1985 2:00 P.M. A Special Meeting of the Highland Beach Town Commission was called to order by Mayor Edward J. Sullivan at 2:00 p.m. in the Town Commission Chambers at Town Hall. Also present were Vice Mayor Mary Louise G. Blosser, and Commissioners John J. Basso, William A. Grier and Betty Jean Stewart. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Town Clerk Mary Ann Whaley; Town Building Official Bruce Sutherland and approximately ninety members of the general public. Mayor Sullivan noted the three items on the Agenda, stating that the public in attendance were apparently there for the first item, being the discussion regarding the applications for rooftop satellite television dishes from Monterey House and Seagate. Mayor Sullivan explained the protocol to be used for this meeting, indicating that statements would be heard from the Planning Board, Building Department, Town Counsel, Town Commission, representatives from Monterey House and Seagate (each being given a ten minute limitation on any presentation). Further, statements from the representatives from the Empire Group (the ~upplier of the proposed dishes) would be entertained. Mayor Sullivan gave the background of this issue, stating that the applications for proposed rooftop satellite dishes on Monterey House and Seagate had been given approval by the Community Appearance Board, but had failed to gain the approval of the Planning Board, on the basis that the approval of all such rooftop installations created a hazard to life and property. Mayor Sullivan also stated that depending on the desires of the applicants, should they desire to pursue the rooftop installation, then the Town Commission would be involved. However, should, after the discussions today, the applicants may desire to pursue another additional route i.e. ground mounted antenna, then the Town Commission would not be involved. Mr. John Ward, member of the Planning Board, was the first to address the issue. Mr. Ward stated that the two issues involved in the Planning Board's disapproval were (1) that according to the Town Code,. Section 9.12(1), it is clearly stated that for anything other than ground mounted antennae, additional approval must be given by the Town Commission; and (2) that according to the Standard Building Code, the wind load pressure factor must be 48 lbs. and 58 lbs., however were submitted at only 20 lbs. Commissioner Grier read the Motion of the Planning Board into the re- cord which is incorporated in the transcript of the May 8, 1985 Plan- ing Board Meeting, which transcript is made a part of these Minutes. Town Commission Special Meeting May 14, 1985 age 2 of 7 Mr. Dan Vargas, Vice-President of The Empire Group of Boynton Beach then addressed the Town Commission, stating that his firm felt all criteria had been met and all codes complied with when the plan had been submitted to Highland Beach for consideration. It was further claimed by Mr. Vargas that a typographical error had been made on the plans indicating a 20 lb. wind pressure factor, when in fact, the figure stated should have read 48 lbs. on one set of plans and 58 lbs. on the other. Town Attorney Sliney indicated that it was his opinion that the Planning Board would not approve any rooftop installations due to the safety factors involved, which in the Town Attorney's opinion was a legitimate basis., as the Planning Board is charged with the responsibility of reviewing all safety aspects of any application. Also, Mr. Sliney indicated that he felt the Town Commission should not be involved in the pending requests until both the Community Appearance Board and the Planning Board had approved the plans. Mr. Sliney noted that the Town Commission could possibly handle this matter as a Special Exception and go back to the Planning Board regarding the placement of any dish. (Subsequent to this meeting, at the 6/6/85 Town Commission Regular Meeting, it was directed that a copy of Attorney Sliney's May • 10, 1985 opinion letter be attached to these Minutes and made a part hereof. Responding to inquiries, Mr. Vargas noted that the effectiveness of any satellite antennae dish would not be minimized by a ground mounting. Mr. Maher Al-Soufi of Weyant and Associates, Engineers retained by The Empire Group addressed the Town Commission reiterating the comments made by Mr. Vargas as to the dish design being adequate and in compliance with existing codes. When questioned by Town Manager Williams as to the formula used to determine the wind load factors (as there were alternative methods noted in the Standard Building Code), Mr. Al-Soufi did not have the information but agreed to supply the Town with documentation as to the criteria and calculations used in this project. When discussing the actual rooftop installation, it was stated by Mr. Vargas that no damage would occur to the roof and that the dishes would be anchored to existing walls, in one case an elevator wall, and in the other a stairwell wall. It was not verified by the Building Official that either of these walls were solid poured concrete walls, although the plans had indicated that they were. Mr. Frank Edwards, representing Monterey House, indicated that the stairwell wall was solid concrete to his knowledge. Mr. Edwards further stated that to ground mount the dish would not be acceptable to the residents of Monterey House. Upon inquiry by Commissioner Grier as to whether Mr. Edwards or the condominium association he represented had considered any liability insurance to cover damage either to their own building or to bystanders which might be affected, Mr. Edwards and Mr. Town Commission Special Meeting May 14, 1985 Page 3 of 7 Rhinehart, President of the Association, stated that they felt their existing liability policy indicated that anything attached to the structure was covered. Upon questioning by Mayor Sullivan as to whether they had ever considered ground mounting the dish, Mr. Edwards indicated that they had considered it but it was the desire of the association to have the dish on the roof and out of the way. Mrs. Jane Rayner of Seagate then addressed the Town Commission indicating that when the dish project had begun, both safety and appearance considerations were of prime concern. Mrs. Rayner stated that her association had accepted the advice of the satellite dish company that all requirements had been met and all codes complied with. Mrs. Rayner stated that one of the main reasons for their desire to have the dish installed on the roof was that due to the configuration of Seagate, the dish could only be seen from limited locations in Boca Raton. Mrs. Rayner stated that several residents objected to looking down at the satellite dish should it be placed on the ground. Mr. Edwards also noted that this was the general feeling of the residents at Monterey House. Mrs. Rayner asked that the Town Commission examine each application individually rather than together due to the appearance factors involved. Upon question of Vice Mayor Blosser, Mrs. Rayner noted that both roof and ground mounting had been considered prior to their request for rooftop mounting. Vice Mayor Blosser asked whether the applicants would be amenable to re-applying with ground mounted plans if all re-application fees were waived. Mrs. Rayner indicated that she could not answer this question without first discussing it with the Board of Directors of the Seagate Condominium Association. Commissioner Grier then noted the different methods which had been chosen by various condominiums since Centel Communications gained ownership of the Highland Beach Cable Television company, and noted the different considerations which had been studied by the various associations. Commissioner Grier questioned whether considerations of interfering with recreational space, or the view from the condominium units was proper justification for requesting a rooftop mounting. He further noted that he was in agreement with the Town Attorney that the applicants explore the special exception route and mount the dishes on the ground. Mr. Sutherland, Building Official, noted that a special exception may not be in order at this time inasmuch as it had not been established that the setbacks were an issue. As far as the typographical error on the plans, Mr. Sutherland noted that he had accepted the plans and the certification of the engineer. Mayor Sullivan noted that the certifi- cation of an engineer should not automatically be accepted if any problem arose. It was noted that Mr. Sutherland had pointed out the problem as soon as he noticed it. ~~aMr. Albert Schiff, resident of Seagate, as well as Chairman of the Board of Adjustment, addressed the Town Commission (inasmuch as Mrs. Rayner had not used up her ten minute allocation) stating that the Town Town Commission Special Meeting .May 14, 1985 Page 5 of 7 Mr. Schiff, responding at the request of Mrs. Rayner, stated that he felt this was not the answer, and that the Town Commission should re- solve whether they would allow dishes on rooftops or not: Mr. Schiff requested that the Town Commission either allow the rooftop installa- tion or deny it. Commissioner Stewart again indicated that the plans had been modified and must be reconsidered as amended by the appropriate boards. Attorney Sliney stated that he did not agree with Mr. Schiff and felt that the Town Commission did not have jurisdiction of this matter due to the fact that the code stated that "approvals" are required by both the Community Appearance Board and Planning Commission, not just "recommendations". Attorney Sliney further stated that inasmuch as the plans had been amended and other data had been requested by the Town Manager as to calculation methods used, etc., the Planning Board should reevaluate this issue. This was the consensus of the Town Commission also. MOTION was then made by COMMISSIONER GRIER/COMMISSIONER BASSO to recom- mend to the applicants that they re-agply to the Planning Board in light of the amended plan and .the additional information requested, which includes engineers documentation on calculations for wind load factors, nature of the existing walls on the roofs, and other factors as brought out in this meeting. The Town Clerk called the roll on this MOTION with all Commissioners voting aye. The MOTION carried unani- mously. It was also the consensus of the Town Commission that all fees involved in this re-application will be waived, and that the applicants should simultaneously submit new plans for a ground mounted dish along with the amended plans for the rooftop installation for expediency in re- solving this matter. Mr. Sutherland also expressed the desire for an outside engineering firm to review the plans, however, this could be accomplished in a matter of days. The applicants were assured by the Town Commission that the matter would be handled as quickly as possible upon the submission of the requested materials. Mr. Art Sholtz, resident of Seagate of Highland indicated his dissatis- faction that the Town Commission had not made a determination as to whether the dishes were going to be allowed on rooftops or not. A ten minute recess was then taken by the Town Commission before con- tinuing with the Agenda. Commissioner Grier then made a statement that he felt Special Meetings should not be called except in extreme cases of emergency inasmuch as ~he calling of these meetings created an imposition on the Town Town Commission Special Meeting May 14, 1985 Page 6 of 7 Commission as well as the staff. Commissioner Grier cited that this meeting had been called on Friday and that he had received over 100 pages of technical material collated by the staff to review. The next matter discussed involved the Highland Beach/Delray Beach Sewer Issue. Commissioner Basso read a letter dated April 17, 1985 from Greeley and Hansen to both the Town of Highland Beach and the City of Delray Beach, transmitting the completed sewer study report into the record. Commissioner Basso further read a letter from Barbara Hall, Assistant City Attorney for Delray Beach to the Town dated May 8, 1985 indicating their dissatisfaction with the completed report and intent to appeal to Greeley and Hansen for additional changes. Ms. Hall's letter further indicated that they would accept the Town's check in the amount of $160,000.00 as per the Stipulation, which would not represent Delray's acceptance of the final report. Attorney Sliney indicated his disapproval of the action now being taken by Delray, as it is his opinion that this report was final and should conclude the matter pend- ing the payment method. Attorney Sliney indicated that he had spoken with Mr. Dynslager of Greeley and Hansen who agreed with him on this point. Mr. Dynslager indicated that the debt service charge being questioned by Delray Beach might be a point, however, he felt this matter had no bearing on the final report and the self-adjusting formula arrived at. Attorney Sliney requested that he be allowed to write a letter to Mr. Dynslager confirming his conversation wherein ~oth parties agreed that this was indeed a final report, with a copy of such letter being forwarded to Ms. Hall, and requesting a return letter from Mr. Dynslager confirming such fact. Attorney Sliney requested that upon the receipt of a confirming letter from Mr. Dynslager, such letter be copied along with a cover letter to Delray Beach, requesting that both parties jointly file the final report with the court in compliance with the court's order. Commissioner Stewart indicated that Attorney Sliney compose his letter to Mr. Dynslager in such a way as to make a definite statement about the finality of the report, rather than posing a question about its status. It was the consensus of the Town Commission that Attorney Sliney's recommendation be approved and that this would be the best route to take at this time. The Town Manager then reported on County Sanitation's desire to extend their option on the garbage contract an additional five years bringing the expiration date to 1990. Mr. Williams further noted that County Sanitation was requesting two changes, one being allowed to proportion- ately increase the fees as tipping fees were increased, and the other being a cost-of-living increase in the fees each year. Discussion ensued regarding past experiences in not being able to prove the actual load weights being removed from the Town, discussion regarding the pay- ment for unsold units, etc. Commissioner Stewart indicated that this matter needed further study and was inappropriate for a Special Meeting, requesting that this matter be placed on the May Workshop • "Town Commission May 14, 1985 Page 7 of 7 Agenda. Special Meeting Mr. Williams then recommended that a time clock be installed in the administrative building at Town Hall, and that the hours of operation for all employees (excepting the Police and Utilities Department) be changed to 8:00 a.m. until 4:00 p.m. Mr. Williams asked that the Town Commission consider this and let him know their opinions on this matter. Commissioner Basso expressed opposition to both of these items, however, the remainder of the Town Commission did not express any opinions at this time. The matter will be studied further. There being no further business, the meeting was adjourned on proper Motion and second at 4:45 p.m. ~ /~-'\ APPROVED: • Edward J. Su~li a Mar y'1 guise ~1 n/J~/Basso , ., / /1/ 6 Mayor osser,Vice Mayor signer William A. Grier,~`Commissioner Bet Jean Stewart, Commissioner ATTEST: _~ N C R / DATE: ~~~~~ ) _ • °~ ~ may. o / ~ ~- 3: y ~~°----- ~~„~ LAW OFFICES DILWORTH, PARSON, KALISH, KAUFFMAN & TYLANDER_ 41nT•r inn MARRY A. KALISH ULES I. WHITMAN HN M. ELLIOTT EPHEN J. HARMEIIN DAVID M. PITTINSNY JAMES A. SUTTON JOHN M. FIT2 PATRICK ROBERT P. CASEY JAMES J. LINUS• CARL H. HANZ ELIN THOMAS E. OORAN ALAN C• KAU Ff MAN THEODORE A. YOUNG STEVEN L. FRIEDMAN DANIEL E. BEREN ROSS J. REEEE SAMUEL W. MORRIS, JR. LAWRENCE D. BERGER JOHN R. LATOU RETTE,JR. ROGER F. W000 ROBERT N. de LUCA CPRL G. ROBERTS JAMES F. MO NTEITH GARY R. LEADBETTCR SHERYI L. AUERBACH MARC A. FELLER BRUCE W. KAU FFMAN STEPHEN J. HORN WILLIAM J. HENRICH,JR. JOSEPH H. JACOVINI EDWARD F. MANNING MARCUS MANOFF MARVIN WEISS RAYMOND F. SCULIY EDWIN M. GOLDSMITH, III JOHN F. SM17 N, III RICHARD S. MEYCR J. CLAYTON UNDERCOFLER, 111 STE PH EH J. MATHES THOMAS A. LEONARD RICHARD J. GOROON PETER J. PICOTTE, II JOHN PHILIP CgAM P70N RICHARD M. SEGAL BERNARD E. 2BRZEZNJ THOMAS E. SIINEY' CON STANCE B. FOSTER JOHN F. STOVIAK ALAN J. HOFFMAN THOMAS J. [L LIOTT LOUIS B. KV PPERHAN COUNSEL ROBERT W. MARLS JUSTIN P. KLEIN ROBERT O. TY LAN DER' NATHAN B. FEINSTEIN C. LEO SUTTON LEONARD J. COOK JAMES W. BAVMBACN •MEMBER OF FLORIDA BAR 150 EAST PALMETTO PARK ROAD BOCA RATON, FLORIDA 33432 (305) 392-8900 PALM BEACH (305) 734-6108 BROWARD COUNTY (305) 42I-8900 CABLE ADDRESS REYWAL TELEX 831-320 Mr. Hugh Williams Town Manager Town of Highland Beach 3614 So. Ocean Blvd. Highland Beach, FL. 33431 • Dear Hugh: DEX 2100 (305) 368-8706 RIC HAR DSON DILWORTH 1888-1871 HENRY O. PARSON 1001-1876 RICHARD L. LEVY 1811-1978 May 10, 1985 THOMAB J. BCN DER, JR. HOPC A. COMISNY LAWRENCE G. McM ICHAEL JOSEPH P. DOUGNER LOUISE L. M. TUCKER HENRY N. NASSAU PAUL W. BA$KOW SKY CHRISTOPHER A. LEWIS JAMES J. RODG ERS WILLIAM A. SCAR1, JR. TIMOTHY W. CALLAHAN, II DAWN RENEE CHISM CARL W. HITTING ER' LEWIS M. PET20LD JOHN L.HEATON ANNE MARIE P. KEIIEY BARBARA ANISKO JANE W. GOLDBLVN JOHN W. SCHMEHL PAUL B. DIAMOND JAMES J. GREEN FIELD GONNA M. AIBANt JOSEPH f. KESSLER DOUGLAS M. WRIO WILLIAM F. MARTIN CHARLES E. GUTSHALL JAMES T. SNITN KAREN MAREK SCHCLLER MARK J. LEVIN pAV 1D B. GLAN CEY STEPHEN C. BRAVERMAN N ENRY F. SIEDZIKOW SKI MARGUERITE 5. WALSH THOMAS 1. VA NA$KIE EDWARD $. WARDELL DANIEL J. CARRIGAN ALEKANDRA DYLAN SANDLER VIRGINIA LYNN HOGBEN JOHN F. O BRIEN DANIEL F. RYAN, III MITCN ELL B. KIRSCH NER• G LADV6 ROGERS BUCK EDMUN DS J. BROKANS RICHARD J. ORISCOII JAMES W. BROWN JONATHAN D. NATEISON DANIEL B. EVAN3 DAVID K. FRIEDMAN° JAMES J. GUPKO JAMES C. CRUMLIS H, III ROBERT NIX, III pALPH J. KELLY MICHAEL L. KRANCER 2600 THE FIDELITY BUILDING PHILADELPHIA, PE NNSY LVANiA 19109 (2157 875-7000 PENN SECURITY BANK BUILDING SCRANTON, PENNSYLVANIA IB503 (717) 3~6-7568 610 LOCUST COURT BUILDING HARRISBURG, PENNSYLVANIA 17101 1717) 236-4812 INiERNATIONAI SO LIAR E, SUITE 280 IB25 'EYE" STREET, N. W. WASHINGTON, D. C. 20006 (202) 296-9320 Re: Satellite Television Antennae Systems Approval With regard to the current applications for roof-top satellite television antennae systems which were reviewed by the Planning Commission on May 8, 1985, I have the following thoughts: 1. This particular topic comes under Section 9-12.1 Satellite Television Antennae Systems and under Section 8.3(d) of Chapter 30, Plans for Accessory Structures, etc. 2. 8.3(d)(4) provides that the Building Official shall issue the Building Permit after receiving approvals from the Community Appearance Board and the Planning Board. In this particular case the Planning Board declined to approve the application based primarily on safety considerations and on inadequate engineering. The Building Official also indicated that he believed the engineering calculations submitted by the engineer with the application were in error and did not meet the Town's standards. 3. As the Planning Board did not approve the application the Building Official is not in a position to issue the Building Permit. i ~,~~, DILWVFttti, 1-'AXSON~ I'CALISH, KAUFFMAN ~c TYLANDER Mr. Hugh Williams Page Two May 10, 1985 4. The primary concern evidenced at the meeting was that of safety in that the proposed television antennae dishes were to be mounted on top of the condominiums concerned. There does not appear to be any similar concern with regard to mounting those T.V. dishes on the ground although it was indicated that there may be placement problems with the dishes located on the ground. It would be my feeling that this matter could be handled as a special exception under Section 9 of Chapter 30 of the Zoning Code. The Town Commission under this Section would have the jurisdiction to review this matter and take care of any location or placement problems. 5. Assuming that the location and placement problems were satisfied, the Condominiums could then resubmit plans for a ground level dish pursuant to 8.3(d) and Section 9-12.1 and process their plans in accordance with those Sections. I think that the foregoing will provide a solution to this problem and hopefully bring satisfaction to all concerned. It would be my suggestion that a copy of this letter be distributed to the Presidents of both condominiums prior to the Special Meeting on May 14, 1985. TES:mbh Very truly yours, s i ~ / /'' Thomas E. Sliney r