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1992.06.02_TC_Minutes_Regular'- .~~~ TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, June 02, 1992 1:30 p.m. In the absence of Mayor Joseph A. Boulay, Vice Mayor Bill Paul called the Regular Meeting of the Town Commission of the Town of Highland Beach, Florida, to order at 1:30 p.m. in the Commission Chambers at Town Hall. Also present were Commissioners Arthur Eypel, and John F. Rand. Commissioner Arlin Voress was absent. Also present were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Town Clerk Anne M. Kowals, and Members of the general public. Following roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA The agenda, amended by moving Item 11 (up-date by Adelphia Cable Representatives) to a position following Item 5 as well as includ- ing, under Item 9 (Reports - Boards and Committees), a vacancy on the Financial Advisory Board, was accepted as amended. APPROVAL OF MINUTES The following sets of Minutes were submitted for approval: April 28, 1992 - Workshop Meeting May 05, 1992 - Regular Meeting May 18, 1992 - Special Meeting A MOTION by COMMISSIONER RAND/COMMISSIONER EYPEL to accept the Minutes as written received unanimous approval. PUBLIC COMMENTS AND REQUESTS Mrs. Terry Hubatka, of 3310 South Ocean Boulevard, noting she and her husband Milton (20 year residents in Highland Beach) also own a condominium at Ambassadors South, questioned the Town's cost as well as its option to cancel the contract for Palm Beach County Fire/Rescue Service. During discussion, Mrs. Hubatka indicated Ambulance Service Companies are concerned they will be forced out of business as Chief Brice will appear before the County Commis- sion to request that his paramedics be permitted to transport Town Commission Regular Meeting Minutes June 02, 1992 Page 2 of 7 patients to area hospitals. Following substantial discussion re- garding the Fire/Rescue Service, Mrs. Hubatka stated she "feels we would be better with our own department". It was noted that Town staff is working to get the method of assessment for these services changed; it was further noted that it would be ludicrous to terminate said service which provides excellent protection. The Town Manager, a Member of the Palm Beach County Fire/Rescue Advisory Board, noting the method of assessment of fees is very actively being looked into, advised that Fire Chief Herman Brice has done everything to control the costs. Dr. Ray Murphy, 4023 South Ocean Boulevard, addressed the Town Commission and extended thanks to all for their work and expertise regarding the Public Hearing at Boca Raton City Hall regarding the CCCL. Dr. Murphy, noting this is a very important matter for all citizens, stated everyone's participation is very important as the DNR has become too big an agency that is out of control. Battalion Chief Randy Sheppard of Palm Beach County Fire/Rescue Service stated that the sprinkler system requirement is very near to the Fire/Rescue Department and they will use it in an attempt to control costs. Regarding the matter of ambulance service, Mr. • Sheppard advised that Fire/Rescue Service provides immediate response with paramedics; they then await the arrival of the ambulance to transport the injured to the hospital. It has been determined that the two-tier system in Palm Beach and Broward Counties is contrary to Florida State Statutes therefore the Fire/Rescue Service is working with ambulance providers to bring all options forward whereby the Fire/Rescue Service will provide the immediate response service and transport the patient to the hospital, if necessary. The County Commission will workshop the matter where a number of options will be proposed. It was noted that a fee would be charged only to those individuals that will be transported. Following notification that our current system is contrary to state law, the County has to rectify and implement a system to meet state statutes. Mr. Thomas Reid of 3015 South Ocean Boulevard, noting he is here to reapply for an appointment to the Financial Advisory Boarc' further noted he is very concerned about the Coastal Construct) Control Line being tied in with density restrictions. (REGULAR BUSINESS - Items Left Over) Adelphia Cable Representatives Chuck Blaine and Jim Vernon to present an up-date on cable improvements. Town Commission Regular Meeting Minutes • June 02, 1992 Page 3 of 7 This item was moved to a forward position to accommodate Adelphia Cable Representatives Chuck Blaine and Jim Vernon who were present to give an up-date on the status of the cable television improve- ments. Noting the AMC Channel was placed on line as of May 1st, Mr. Blaine advised additional channels under consideration for the Town are C-Span II, Nickelodeon, VH-1, and Comedy Central. Mr. Blaine further noted an additional line has been included in their phone system at the local Oak Drive office in Boca Raton which should eliminate the problem of busy lines; this new line will transfer calls to the Adelphia Riviera Beach Office for a response. It was also noted that most buildings in Town will be able to accommodate 60 channels. The new Scientific Atlanta Con- verter Boxes are being received by Adelphia; a target date for distribution to Highland Beach residents is August 03, 1992. Once the new computer equipment is installed, it is anticipated the transition will be completed by mid-August. Following sub- stantial discussion, it was the consensus to have the Adelphia Representatives return to the August 25, 1992, Workshop Meeting to present another up-dated status report regarding this matter. During the Adelphia discussion, Mr. Philip Colman of the Villa Magna stated the cable reception has improved to the point where • he can now see what he is paying for. Mr. Colman, noting the Town now receives 35 channels, questioned when, if the capability of 84 channels exists, additional channels will be placed on line. Not- ing a difference between the 41 channel line-up for the City of Palm Beach and the 35 channel line-up for Highland Beach, Mr. Colman stated he had hoped to see some interesting channels like BRV available in our area. Mr. Blaine advised BRV is not some- thing Adelphia normally provides (it is not available to Adelphia at this time) as they have to provide products that will appeal to all the people they serve. In response to Town Manager Mariano's request to see the cost comparisons of other cable companies, Mr. Blaine advised he will obtain that information and submit it to the Torn. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Bill Paul, under his report, thanked everyone who at- tended the Public Hearing on May 28, at Boca City Hall to support the Town's position regarding the movement of the CCCL. The Vice Mayor, noting all appreciate those who spoke at the Public Hear- ing, commended Commissioners Eypel and Voress for a super job. Town Commission Regular Meeting Minutes • June 02, 1992 Page 4 of 7 The Vice Mayor informed all that Mayor Boulay came through surgery fine; best wishes for the Mayor's speedy recovery were extended. Commissioner Arlin Voress Absent - no report. Commissioner Arthur Eypel Commissioner Arthur Eypel also extended thanks to each and every- one who participated in the May 28, Public Hearing in Boca Raton City Hall. The Commissioner, noting our Town has very active, vibrant, and intelligent people, stated "we have the ability to speak and the right to be heard; this is the first step in a long process and we will help wherever we can". Commissioner Eypel requested that his statement and that of Commissioner Voress, made on behalf of the Town Commission at the May 28, Public Hearing, be placed in Town records so same may be reviewed by those who are interested in said statements. Commissioner Eypel, acknowledged receipt of a letter from a con- • cerned resident, Mr. King Casey, who also spoke at the May 28, Public Hearing. Noting Mr. Casey's letter was an extensive report of his observations which included his personal solutions, Commis- sioner Eypel further requested this document also be placed in the Town's public records. The Commissioner, noting the suggestions may be worthwhile in the battle ahead, stated this letter will be taken under advisement. Commissioner Arthur Eypel reported Town Manager Mariano will write to all the Condo Managers in Town, as well as others out of Town who are involved in the CCCL issue, to request the resolution under consideration later in this meeting be submitted and distri- buted to all Town residents who are asked to sign same and forward to the Hearing Officer, in Tallahassee, who conducted the May 28, Public Hearing, as well as to Governor Chiles and his Cabinet. Commissioner John F. Rand Commissioner John Rand, under his report, advised we have won the battle with the County Property Appraiser's Office as they have changed the form regarding property assessments; the new form will give us a better chance to fight taxes. Town Commission Regular Meeting Minutes • June 02, 1992 Page 5 of 7 Commissioner Rand advised that Highland Beach Resolution No. 606, requesting the County hold the line on taxes, signed by residents, have been forwarded to County Commissioner Mary McCarty for action. Commissioner Rand stated it was great to see the large number of residents attending the Public Hearing in Boca Raton on May 28, where many Town's people spoke to make the DNR realize we have drawn the line; when the chips are down, Highland Beach rises to the occasion. Mayor Joseph A. Boulay Absent - no report. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney reported he was large attendance at the Public Hearing in Boca issue was addressed with facts and logic; this a battle the DNR did not anticipate. The Town is an administrative rule that is adopted by t: Cabinet therefore all residents should contact make their concerns know. REPORTS - TOWN MANAGER impressed with the Raton where the is the beginning of Attorney noted this he Governor and his those members to Town Manager Mary Ann Mariano extended thanks to all residents who are ready to fight when necessary. The Town Manager noted the Town has forwarded Certified Letters to the DNR to formally request the information verbally requested at the May 28, Public Hearing. The Town is also requesting the record be open for 21 days following receipt of the requested material so we can review same. The Town Manager advised a Certified Letter was submitted to Florida Atlantic University who is handling the economic impact study for the DNR; we are requesting all the information they are using for that study. Town Manager Mariano advised we are talking to people from other areas who have succeeded in holding off the DNR regarding the movement of the CCCL; the Town Attorney is also looking into some other legal aspects concerning the Public Hearing with regard to it being held in conformace with state law. The Town is request- ing that the DNR hold a Public Hearing in the winter months when seasonal residents are in Town. Town Commission Regular Meeting Minutes June 02, 1992 Page 6 of 7 The Town Manager advised negotiations regarding the Fire/Rescue fee assessments are very much alive; the newspaper reports con- cerning this issue were not accurate. The Town Manager stated she is available to discuss this matter with anyone who makes an ap- pointment through the Town Clerk's Office. The Town Manager noted she will be meeting with County Commissioner Mary McCarty on Thursday morning with regard to this issue. Town Manager Mariano informed the Town Commission she will be out of Town from Thursday, June 04, through Monday, June 08, 1992. The Vice Mayor and Town Clerk will be available to anyone needing assistance. REPORTS - BOARDS AND COMMITTEES Noting the resignation of Mr. Dennie Freeman from the Financial Advisory Board, COMMISSIONER RAND MOVED to appoint Thomas Reid to fill the vacancy created by Mr. Freeman's resignation. The MOVE, SECONDED by COMMISSIONER EYPEL, was favorably received. Mr. Reid, present in the audience, accepted the nomination noting he looks forward to working with the Commission and the Financial • Advisory Board. PROPOSED ORDINANCES AND RESOLUTIONS 1. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, OPPOSING ANY CHANGE IN THE COASTAL CONSTRUCTION CONTROL LINE. The proposed resolution, previously discussed at the May Workshop Meeting, was adopted upon MOTION by COMMISSIONER RAND/COMMISSIONER EYPEL. Same was unanimously approved. 2. A RESOLUTION AMENDING THE DISPOSAL CONTRACT ENTERED INTO BETWEEN THE TOWN OF HIGHLAND BEACH AND THE CITY OF DELRAY BEACH, DATED MAY 14, 1969, AS SUBSEQUENTLY AMENDED ON OCTOBER 21, 1969, AND JUNE 2, 1981. The Commission, having discussed this resolution at their last Workshop Meeting, entertained a MOTION by COMMISSIONER EYPEL/COM- MISSIONER RAND to approve the resolution amending the disposal contract. The MOTION carried without objection. n LJ Town Commission Regular Meeting Minutes June 02, 1992 Page 7 of 7 3. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH SUPPORTING A STATE CONSTITUTIONAL AMENDMENT WHICH PROVIDES FOR VOTER CONTROL OF CITY TAXES. The above resolution was discussed at length at the May Workshop Meeting. COMMISSIONER RAND/COMMISSIONER EYPEL MOVED to approve the resolution. The MOVE received unanimous approval. 4. A RESOLUTION URGING THE MEMBERS OF THE FLORIDA CONGRES- SIONAL DELEGATION, THE FLORIDA CABINET, AND THE FLORIDA LEGISLATURE TO TAKE CERTAIN ACTIONS WITH REGARD TO PROPOSED FLOOD INSURANCE LEGISLATION CURRENTLY BEFORE THE U. S. CONGRESS. This proposed resolution, reviewed at the May Workshop Meeting, was unanimously approved upon MOTION by COMMISSIONER EYPEL/COMMIS- SIONER RAND to adopt the resolution as submitted. REGULAR BUSINESS Items Left Over • Adelphia Cable Representatives Chuck Blaine and Jim Vernon to present an up-date on cable improvements. This item, moved forward upon amendment of the agenda, was ad- dressed immediately after 'Public Comments and Requests'. Consent Agenda None ADJOURNMENT There being no further business to come before the Town Commission at this time, upon MOTION by COMMISSIONER RAND/COMMISSIONER EYPEL, Vice Mayor Paul adjourned the Workshop Meeting at 3:05 p.m. APPROVED: (Absent) Joseph_A. (Absent) Arlin Vores R. Rand, • ~}~ST -ssioner nm inner o---c~~~a~-~./ B~ Arthu Date: Boulay, yor -^ G.,.~..--~ Vice Mayor q~mm~ssioner l~ /~y~i