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.
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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,
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