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1996.02.06_TC_Minutes_Regular.~ ~ ... TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING February 06, 1996 1.30 P M Mayor Arlin G. Voress called the Regular Meeting to order in Commission Chambers at 1:30 P.M. Town Clerk Doris Trinley called the roll. The Mayor and Commissioners Arthur Eypel, David Augenstein and John F. Rand were present. Vice Mayor Bill Paul 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. After roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA The Agenda was accepted as presented. APPROVAL OF MINUTES The following sets of Minutes were unanimously approved upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER RAND: December 26, 1995 - Workshop Meeting January 02, 1996 - Regular Meeting PUBLIC COMMENTS AND RE UESTS Abraham Futernick, 3400 S. Ocean Boulevard (Coronado), asked whom to contact to rid the area of the condominium of "no see-ums." He was advised to contact the company which was noted in a recent newspaper article as having been successful in ridding areas around "The Sanctuary" development in Boca Raton of these insects. REPORTS - TOWN COMMISSION No reports were forthcoming from Commissioners Arthur Eypel, John F. Rand or David Augenstein. Mayor Arlin Voress advised that he and Town Manager Mariano had met with several developers who had done extensive work in Town to ' solicit their ideas regarding renovation of the Town Hall complex. At the Mayor's request, the Commission agreed that Ms. Mariano should proceed with some initial plans and meet with an architect and developer Peter Ince to review same. Mayor Voress noted that by April 1 he would like to have an idea of the configuration of i ~ ~ } ~• Town Commission Regular Meeting - Minutes I February 06, 1996 Paae 2 of 5 the renovation, and the financing plan for the project in place by _ July 1. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney advised his report would be given under the agenda item relating to the proposed Adelphia Cable franchise. REPORTS - TOWN MANAGER Town Manager Mary Ann Mariano advised she would have proposed ordinances relating to changes in the Code, which Mr. Hardy had presented at the January 30 Workshop Meeting, ready for further discussion at the February 27 Workshop Meeting. She further advised that the Town's "Evaluation and Appraisal" report, required by the State as regards the Comprehensive Plan, was due shortly; while some grant monies will be available, a Scope of Services will still have to be approved by the Commission and this will be available for their review at the February 27 Workshop Meeting. REPORTS - BOARDS AND COMMITTEES ~ Under Boards & Committees, the Board Action Report was accepted as information; Joseph Sarubbi was reappointed to a three-year term on ' the Code Enforcement Board; Mayor Voress advised of Board Meetings for February. PROPOSED ORDINANCES AND RESOLUTIONS The Town Clerk gave first reading to the following proposed ordinance: AN ORDINANCE GRANTING A FRANCHISE TO SOUTHEAST FLORIDA CABLE, INC. D/B/A ADELPHIA CABLE COMMUNICATION TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE TOWN OF HIGHLAND BEACH ("HIGHLAND BEACH"); SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE. (First Reading) Attorney Cormac Conahan led discussion. He noted that in accordance with state statute 166.046, legal publication that the Town Commission would consider the franchise renewal at this meeting had been made. ~ Attorney Conahan gave a synopsis of deliberations thus far, which had literally started three (3) years ago in conformance with r ~ t ~ Town Commission Regular Meeting - Minutes ' Februarv 06, 1996 Page 3 of 5 • federal law, and referred to the incredible turn of events as regards the new federal telecommunications legislation being passed just prior to today's meeting. He noted this new legislation is comprised of 300+ pages, which he had not had the chance to ' thoroughly review at this time. However, Mr. Conahan advised that he was aware that those areas of concern to the Town had not changed, i.e., the procedure for non renewal of a franchise, the right of the grantee (Adelphia) to choose program menus, etc. (See ~ Minutes of January 23 Special Workshop.) When- comments were invited from audience, Abraham Futernick was the only resident to address the Commission, requesting information regarding future competition from telephone. companies. Adelphia representative Chuck Blaine was invited to inform the ' Commission of their future plans for the cable system. In this regard, Mr. Blaine noted Adelphia's recent purchase of Leadership Cable, which serviced Delray Beach with a much broader program ' menu, would now allow Adelphia to offer the same service to Highland Beach; he said plans included tying the Town into the Delray system in the near future, eventually replacing cable with ' fiber optics. Giving a technical explanation of how this tie-up might be accomplished, Mr. Blaine presented a sample of Delray's programming, with which the Commission was very pleased; they indicated unanimously that this was the kind of programming they would like to see in Town. Since Mr. Blaine could not specifically give even a guess as to when this connection with Delray might take place, the Mayor referred to past "promises" by Adelphia and said ' this time the Commission would like to be kept advised; he asked that Mr. Blaine attend future meetings to give progress reports, to which Mr. Blaine agreed. Concluding discussion, Attorney Conahan addressed each of the issues that were noted in the legal publication, and which the State requires be considered, with the Commission concurring that each had been given sufficient deliberation. It was also agreed that if Attorney Conahan does not deem any changes need to be made to the proposed ordinance after he has had a chance to review the newly enacted federal telecommunications legislation, the ordinance will be adopted at a Special Meeting to be held in conjunction with the February 27 Workshop Meeting. Town Attorney Sliney then advised of the legal procedure to be followed for adoption of the proposed ordinance, noting today's first reading. At the time of the second reading (February 27), should Mr. Conahan feel that some changes to the text should be made after reviewing the new legislation, then the procedure must be repeated, starting over with another first reading. ' Questioned by Mayor Voress regarding the amended lease for the headstation, Attorney Sliney responded that although it is a separate item, the lease will be addressed by Mr. Conahan in conjunction with the franchise and both will be adopted at the same time. ~ i • 1 Town Commission Regular Meeting - Minutes ' Februarv 06, 1996 Page 4 of 5 Note: A copy of the legal publication as required by state ' statute, as well as a copy of Adelphia's Delray Beach programming as presented by Mr. Blaine, are attached hereto and made part of these Minutes. The following proposed resolution, previously discussed at the January 30 Workshop Meeting, was unanimously adopted upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER EYPEL: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, URGING THE PALM BEACH COUNTY LEGISLATIVE DELEGATION TO SUPPORT H.B. #173 AND S.B. #16 IN EFFORTS TO AMEND FLORIDA'S FELONY/MURDER STATUTE TO INCLUDE THE ACT OF VEHICULAR HIT AND RUN AND THE ENUMERATED OFFENSES OF SAID STATUTE; PROVIDING AN EFFECTIVE DATE. REGULAR BUSINESS Items Left Over Upon MOTION by COMMISSIONER RAND/COMMISSIONER EYPEL, the following staggered-term appointments were made to the Highland Beach Library Foundation. MOTION met with unanimous favorable vote. Leonard Bell (3 year-term) John E. Ward (3-year term) Jane Rayner (2-year term) Thomas J. Reid (1-year term) President of the Friends of the Library, or her/his designee (standing appointment) Library Director (standing appointment) I After appointments were made, the Ad Hoc Start-Up Committee was dissolved as part of the same MOTION, again meeting with unanimous ~ favorable vote. Consent Agenda A $5,000 start-up loan (non-interest bearing} for the Library Foundation was unanimously approved upon MOTION by COMMISSIONER A~TGENSTEIN/COMMISSIONER EYPEL. ADJOURNMENT There being no further business to come before the Commission at this time, Mayor Voress adjourned the Regular Meeting at 3:10 PM. upon MOTIOI3' by COMMISSIONER RAND/COMMISSIONER AUGENSTEIN. dmt Town Commission Regular Meeting - Minutes Februarv t)6, 1996 Page 5 of 5 APPROVE : ~--'- ;~/~ Arlin G. Voress, Mayor -ABSENT- Bill Paul Vice Mayor Arthur Eypel, Commi Toner David Augeri t Commissioner J Rand, Commissione ATTEST: DATE: