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1985.07.24_TC_Minutes_Special TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission SPECIAL MEETING Wednesday, July 24, 1985 1:00 P.M. A Special Meeting of the Highland Beach Town Commission was called to order by Mayor Edward J. Sullivan in the Town Commission Chambers at Town Hall. Also in attendance at the time of roll call were Vice Mayor Mary Louise G. Blosser and Commissioners John J. Basso and William A. Grier. Commissioner Betty Jean Stewart arrived at 1:05 p.m. Also present were Town Manager Hugh D. Williams; Town Clerk Mary Ann Mariano; Town Attorney Thomas E. Sliney and members of the general public. Mayor Sullivan noted that the purpose of the Special Meeting was to consider a request from Monterey House for the installation of a satellite dish antenna on the roof of the parking garage. Mayor Sullivan gave a brief synopsis of the events which had lead to the Town Commission's consideration of this request. Mr. Nicholas Carnase, President Pro Tem of Monterey House addressed the Town Commission stating that in the opinion of the residents of • Monterey House, the installation was in one of the "common areas" rather than what would normally constitute a "roof" and that the term was a matter of semantics. Mr. Carnase thanked the Town Commission for calling the meeting and urged their approval of the request. Vice Mayor Blosser questioned Mr. Carnase as to whether he had received the vote of at least 75% of the residents in Monterey House inasmuch as this was a condo document requirement when utilizing any "common area". Mr. John Schneider stated that at least 75°s of the residents had voted for the dish and had, in fact, already given their prorated share of the cost for its installation. Commissioner Stewart cited the Attorney Sliney noted that the Section (A) of the Agreement. Sliney, noted that the purpose Agreement was to provide prote disgruntled owner. submitted Hold Harmless Agreement, and Vice Mayor's concern was covered in Mayor Sullivan, as well as Attorney of that Section of the Hold Harmless ction for the Town against any Attorney Sliney noted that the Planning Board had met earlier this day to consider the special exception of Seagate for the installation of their satellite dish, noting that Section 9-12.1 regulated the dishes because of unique situations. Attorney Sliney stated that the Town's main concern should be one of safety and that perhaps the amendment of the Town's existing ordinance should be studied. The Town Attorney further noted that the Town's jurisdiction over these matters would be . one of normal police power functions. Attorney Sliney stated that the Town's interest should be one of safety and aesthetics, not of signals Town Commission Special Meeting July 24, 1985 • Page 2 of 3 or payment because the Town has no control over these things. Vice Mayor Blosser stated that the Town was in no position to deny a satellite dish, nor did they want to deny the dish, but was concerned with the safety factors. She further stated that when the Town Commission adopted its existing ordinance, it was the intent that rooftop mountings should be on their own bases, and that technically, the submitted application was connected to the wall of the structure. Mr. Dan Vargas, of Atlas Satellite Company, noted that the mounting was that approved for dishes from 1' to 3PJ'. Vice Mayor Blosser stated that she felt a roof was a roof and that the dish should be placed on the ground realizing that setbacks would be a problem at Monterey House and would have to be treated separately. Mr. John Schneider of Monterey House noted that any ground locations would disturb the mangrove area or cause visibility problems from the Intracoastal Waterway and would not meet the approval of the CAB. Vice Mayor Blosser noted that Special Exceptions were approved only by the Planning Board and Town Commission and did not require CAB • approval. Commissioner Stewart noted that the process by which any application would become a Special Exception would require CAB approval prior to following the Code for approval of a Special Exception. Vice Mayor Blosser stated that her concern was that the Town was violating its ordinances and setting a precedent be allowing the erection of a structure on a non-conforming building and in her opinion would be a dangerous precedent. Commissioner Grier then read his prepared statement as follows: "The Code does not prohibit all rooftop dishes as it might. Instead, they are prohibited "unless specific approval is granted by the Town Commission Sound statutory interpre- tation requires that some effect must be given to that language. In other words, the Commission cannot arbitrarily deny any and all dishes that are not on the ground. Monterey has passed every test but one, i.e. the location is on a roof, some 12 feet above the ground. Its specifications satisfy the standards and, tucked away as it is, it is probably even safer than if it were on the ground at the Waterway. There is concern that approval for Monterey would set a dangerous precedent. We have many buildings that have roofed-over garages, but few, if any, that would satisfy the Planning Board, the CAB and the Building Department. Certainly Ocean Terrace, the • Ambassadors and Penthouse Towers for example, could not. Monterey Y Town Commission Special Meeting July 24, 1985 Page 3 of 3 i is unique and the danger, as a precedent is minimal, if at all. There is also concern about permitting "a structure upon a structure". To deny Monterey for that reason would be to prohibit all dishes not on the ground and would make the quoted language meaningless. That in turn would violate a basic rule of statutory interpretation, i.e. where there is no apparent conflict between two provisions, some meaning shall be given to both. For the reasons stated, in my opinion, the Monterey application should be granted". COMMISSIONER STEWART/COMMISSIONER BASSO moved the approval of the application for the reasons stated by Commissioner Grier. Upon roll call, VICE MAYOR BLOSSER voted No, the remainder of the Town Commission voted Aye, with the Mayor noting all Commissioners present. The MOTION carried favorably 4 to 1. There being no further business to come before the Town Commission at this Special Meeting, it was adjourned at 1:30' p.m. APPROVED: ~i Mary~Lo se G., B sser,Vice Mayor . ~,~Sso, Cq~missioner ,. William Gri r,~Commissioner Be y Jean Stewart, Commissioner T T: Gz~ WN CL DATE : ~-~ Q ~~ •