LEGAL APPROVALMINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 3, 1995
Commissioners Rosen and Jaskiewicz withdrew the motion and second.
City Manager Parker advised that the previously-approved motion was that the plan be granted
an 18-month retroactive and 24-month time extension with the County phasing option without
the service station.
Motion
Mayor Pro Tem Matson moved to table this until we have a full Commission. Mayor Taylor
passed the gavel and seconded the motion.
The motion failed 2-2. (Commissione~ Rosen and Jaskiewicz cast the dissenting votes.)
Discussion ensued about the fact that Mr. Kilday was aware that Vice Mayor Bradley would
not be at this meeting. Mr. Kilday advised that he offered to postpone this request until the
next meeting, but another Commissioner admitted having a conflict at that meeting.
Moron
Commissioner Rosen moved that the plan be granted the 18-month retroactive and 24-month
time extension with traffic phasing, and without the gas station. Commissioner Jaskiewicz
seconded the motion which failed 2-2. (Mayor Taylor and Mayor Pro Tern Matson cast the
dissenting votes.)
Motion
Mayor Pro Tem Matson moved to table it until we have a full Commission.
Commissioner Rosen questioned whether or not the motion was proper. Attorney Cherof
responded that due to the nature of the discussion and the fact that there is an intervening
motion which failed, the motion to table would be appropriate.
Mayor Taylor passed the gavel and seconded the motion. The motion carried 3-1.
(Commissioner Rosen cast the dissenting vote.)
D. Height exception for 1OO' tower - Motorola
Jim Allen, representing STH Architectural Group, was present on behalf of Motorola. He
introduced Tim Tourville, Joe Sperlazza and Dave Derck of Motorola.
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MINUTES -
REGULAR CITY CO~...dSSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 3, 1995
Mr. Allen explained that the request is that the City grant a height exemption to enable
Motorola to construct a 100' 'monopole at the Boynton Beach facility. This monopole will
house three antennae immediately, and two additional in the future. The purpose of the tower
is to enable Motorola to continue with research and development for new paging products and
to permit intercommunications between facilities. There are currently three antennae devices
in operation at Motorola. Motorola has begun to experience a problem with transmission and
reception. They cannot get a consistent signal at the Boca facility. Raising the height of the
antennae devices will enable that communication.
The location of the monopole will be outside the southeast corner of the building. The
monopole will be 18" in diameter at the top and 42" in diameter at the base. It will be
approximately 9' away from the wall, and the antennae will have conduits going to a building
which will be facing inside the truck dock yard. It will not be visible from outside.
Mr. Tourville addressed the safety issues involved with these devices. He explained that a
study was done by CNN Insurance Company and an industrial hygienist. The study was to
determine whether the electromagnetic field being produced would be of any harm to the
employees. Based on the study, once an employee is 20 centimeters away from the antenna,
it is considered safe.
Mayor Pro Tem Matson questioned why there were no comments from the City Attorney since
this request requires discussion relative to an exception to the height limitation. She requested
that the back-up material contain such a memorandum if future requests are to be considered.
She further inquired as to whether or not this information should have been reviewed by the
Police and Fire Departments.
City Manager Parker advised that staff evaluated the criteria set forth in the code. She offered
to have staff review it again relative to safety issues.
Mayor Pro Tem Matson requested a legal interpretation as to whether or not this request meets
our exceptions.
Attorney Cherof reviewed the staff memorandum and pointed out that it addresses all of the
points set forth in the code including the exceptions to the height limitations.
Mayor Pro Tem Matson recalled a situation with Cellular One when the Commission was
advised that the request would have to go to referendum. Attorney Cherof advised that the
last issue which the Commission dealt with had to do with light poles for BellSouth Mobility.
That situation was dealt with in this same manner.
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MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 3, 1995
Motion
Commissioner Jaskiewicz moved to approve the 100' tower for Motorola. Commissioner
Rosen seconded the motion.
May.or Taylor referred to the back-up material and noted that staff did not make a
recommendation on this issue. City Manager Parker advised that no recommendation was
made by staff at her request since she thought it was staff's responsibility to present an analysis
based on the criteria, and then the Commission could make a determination.
Mayor Pro Tem Matson requested that when this comes back on the agenda for site plan
approval, she would like to see safety recommendations, specifically with regard to
hurricanes. Ms. Heyden advised that this request would fall under an administrative site plan
process.
One of the Motorola representatives advised that the monopole will be engineered to
withstand the full hurricane forces which are currently required in the Standard Building Code.
The engineer of record will have signed and sealed drawings submitted to. the City, and it will
be in full compliance.
The motion carried unanimously.
E. Lawrence Lakes PUD master plan modification to add two lots
Enrico Rossi, Engineer of Record since 1989, represented the applicant. He was present to
address questions regarding additional impacts which might be involved.
Attorney Cherof administered the oath to all who would be testifying.
Mr. Rossi explained that this project was zoned for 33 lots in 1989. It was subsequently
reduced to 32 lots to provide for the type of lots required by the developer. The developer
who started the infrastructure went bankrupt and the property was taken over by the RTC.
Lawrence Lake Development Corporation then purchased the property and is the current
developer.
The applicant is requesting two additional 60' x 100' lots along the entrance road which
would change the density from 2.4 units per acre to 2.55 units per acre. The infrastructure is
in place and the applicant has approvals for water, sewer, electric, and drainage. The traffic
is based on 20 trips per day. Verbal information from the County indicates that there will be
an immeasurable impact on the traffic. A heavy landscape buffer is planned on the roadside
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