1996.02.27_TC_Minutes_Special~ -)
• TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
SPECIAL MEETING
Februarv 27, 1996 2.30 P M
Mayor Arlin G. Voress called the Special Meeting to order in
Commission Chambers at 2:30 P.M., stating its purpose was to give
final reading and further consideration to possible adoption of the
proposed ordinance which would be a renewal of the Adelphia Cable
franchise, as well as renewal of Adelphia's headend lease. He also
noted that public comments would be invited.
Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor
Bill Paul and Commissioners David Augenstein and John F. Rand were
present. Commissioner Arthur Eypel was absent.
Also present were Town Attorney Thomas E. Sliney, Town Manager Mary
Ann Mariano and Attorney Cormac C. Conahan, as were members of the
general public and representatives of Adelphia Cable: Chuck Blaine,
Director of Government and Community Affairs, and Doug Bennett,
System Manager.
. Mayor Voress started discussion by asking Attorney Sliney to
address the procedure which would be followed today. Mr. Sliney
advised that if the Commission approved, a second (final) reading
by title only would be given to the proposed ordinance, which was
a renewal of the current Adelphia cable franchise for a period of
ten (10) years. He further advised that discussion of the headend
lease would take place, which is a lease on the property behind
Town Hall used for housing Adelphia signal equipment.
Mr. Sliney also noted that this franchise would be non-exclusive in
accordance with the newly enacted federal communications bill,
which allows for future competition from other entities, such as
phone companies. He then turned the discussion over to Attorney
Conahan, noting Mr. Conahan's expertise in the area of franchises.
Mr. Conahan gave some background of the issue, noting that after
the Town had waited a -year or more for the new federal
communications legislation to be enacted, the proposed bill had
come out of the joint session of Congress on February 5, 1996, the
day before first reading of the proposed franchise renewal was
scheduled (February 6, 1996), with the announcement that the
President would sign it into law on February 8, two days after the
first reading, which was done.
Further, Mr. Conahan advised that he had the chance to read the
legislation in detail since the last meeting and the bill was
,~ enacted without any substantive changes to what he had previously
reviewed and discussed with the Commission that would affect
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. Town Commission
Special Meeting - Minutes
February 27, 1996 Page 2 of 3
the franchise renewal; in fact, a great deal of the bill was aimed
at competition within the telephone industry. The provisions of
the bill that most affected the Town remained the same, i.e., the
onerous renewal process (starting 3 years before the end of the
franchise); the inability not to renew the franchise unless the
Town is essentially willing to litigate the issue; and no input
relating to programming or signal quality. Attorney Conahan also
noted that future rate changes will be a market-regulated matter,
with the Town having no part in such changes.
Speaking of possible future competition for cable operators from
phone companies, Mr. Conahan said it was entirely feasible that the
Town would be approached within a year or two by phone companies to
provide video services within Town. In this regard, he reiterated
that the proposed franchise renewal is non-exclusive, allowing the
Town to entertain franchise proposals from phone companies or other
cable operators.
Regarding the current headend lease, Mr. Conahan explained that it
expires the same time as the current franchise (March 3) and he had
prepared a renewal for the Commission's consideration. He advised
that Adelphia's staff counsel had reviewed the proposed lease and
• had concurred with its contents with just a minor change, i.e., in
the Default clause - "...if any item in the lease is in default,"
which would allow the Town to terminate the lease, it was requested
that the word "material" be added, i.e., "...if any material item
in the lease is in default." Mr Conahan had no objection to this
addition; also Town Manager Mariano had no objections to the lease
as written. Concluding his remarks, Attorney Conahan then invited
Chuck Blaine to advise if he could give a firmer indication of what
their proposed changes are for this system.
Before addressing that issue, Mr. Blaine answered affirmatively to
Mayor Voress' question regarding the suitability of existing leased
space for expansion. However, referring to Adelphia's recent
acquisition of Leadership Cable, which serviced Delray Beach, Mr.
Blaine said their initial engineering reports showed good signal
strength regarding connecting the Town to Delray, which is what
they intended to do. When this is accomplished, Mr. Blaine said
there would be no need to continue to use the current facility, and
asked for the record if a "bail-out" clause had been included in
the lease. Attorney Conahan responded that the lease did. include
a 90-day termination clause if they no longer need the facility.
In response to Commissioner Rand's question regarding the Town
receiving the same programming as Delray when the system is
connected as previously discussed, Mr. Blaine answered that this
would be the case. He noted the forthcoming competition would be
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Town Commission
. Special Meeting - Minutes
Februarv 27, 19.96 Page 3 of 3
keen, and it would be to Adelphia's best interest to keep their
system as friendly and progressive as possible.
Mayor Voress next directed the Town Clerk to give final reading, by
title only, to the proposed ordinance renewing the Adelphia Cable
Franchise and called for a MOTION for approval. COMMISSIONER
RAND/COMMISSIONER AUGENSTEIN so moved.
There were no further comments from members of the Commission and
Mayor Voress then invited public comments. Annette Reinstein, 4748
South Ocean Boulevard (Dalton Place Condominium) was the only
resident to speak. Mrs. Reinstein had questions regarding
programming and rates, which were answered to her satisfaction.
The Mayor then asked for the roll call vote on the Motion. Results
are as follows:
VICE MAYOR PAUL .................AYE
COMMISSIONER RAND ...............AYE
COMMISSIONER AUGENSTEIN.........AYE
MAYOR VORESS ....................AYE
A MOTION to approve the lease agreement was made by VICE MAYOR
• PAUL/COMMISSIONER AUGENSTEIN and was amended by the Vice Mayor to
include authorization by the Mayor and Town Clerk to execute same.
Motion met with unanimous favorable vote.
Attorney Sliney advised that the effective date of the ordinance
and lease agreement will be the date Adelphia countersigns, which
provision is the documents.
There being no further business to come before the Town Commission
at this time, Mayor Voress adjourned the Special Meeting at 3:05
P.M.
dmt
APPROVE : ~~~-~~'
Arlin G. Voress, Mayor
-ABSENT-
Arthur Eypel, Commissioner
ATTEST:
• DATE:
Bill Paul, Vice Mayor
~~ ~~~~ ~~
David Augens 'n, Commissioner
cam.---~~
. Rand, Commissio r