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1992.04.07_TC_Minutes_Regularb 1 TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday,_April 07, 1992 1:30 p.m. The Regular Meeting of the Town Commission of the Town of Highland Beach, Florida, was called to order in the Commission Chambers at Town Hall by Mayor Joseph A. Boulay at 1:30 p.m. Others present were Vice Mayor Bill Paul, Commissioners Arlin Voress, Arthur Eypel, and John F. Rand. Also in attendance 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. At this point, with the consent of the Commission, Mayor Boulay recessed this Regular Meeting for the purpose of conducting the Arbor Day Tree Planting Ceremony on the property behind Town Hall. Members returned to the Commission Chambers where Mayor Boulay reconvened the Regular Meeting of the Town Commission at 1:45 p.m. ADOPTION OF AGENDA The agenda was amended, at the request of Town Manager Mariano, by moving Item 1 under 'Reports - Town Manager' to a position immedi- ately after the 'Public Comments and Requests' segment. It was the consensus to adopt the agenda as amended. APPROVAL OF MINUTES The following minutes were submitted for approval: February 25, 1992 - Workshop Meeting March 05, 1992 - Regular Meeting March 09, 1992 - Special Meeting March 11, 1992 - Special Meeting/Canvassing Board MOTION by COMMISSIONER RAND/COMMISSIONER VORESS to approve the above minutes as written carried without objection. Town Commission Regular Meeting Minutes April 07, 1992 Page 2 of 8 PUBLIC COMMENTS AND REQUESTS Mr. Melvin Miller of 1010 Russell Drive, noting that last year an Adelphia representative advised the Cable Company was replacing one channel with Florida Sport Station and adding extra channels, stated it would be nice if that were to happen. Mr. Miller com- mented with regard to the poor selection of channels, inferior quality of reception, and the frequent breakdowns; he questioned the town's policy regarding satellite dishes. The Building Official advised that satellite dishes are permitted provided they are screened from view of adjacent roadway, are ground mounted, and withstand winds of 120 m.p.h. Installation requires a town permit. Mr. Joseph Rudnick of 2342 South Ocean Boulevard, stated his complaint is with the cable t.v. as their equipment is antiquated. Mr. Rudnick, noting satellite dishes create a problem if there is more than one t.v. in use at one time, suggested pressure be put on the cable company to up-date their equipment and service. Mr. Philip Colman of the Villa Magna, having several comments re- garding Adelphia, complained about the response to a questionaire sent to all Highland Beach residents (received a day after he wrote a letter regarding the matter to Adelphia) which was not adequate and not on time. Regarding poor reception (snow and lines on screen), Mr. Colman advised the condition, when corrected by a serviceman, is for a short duration as the condition continually resurfaces. In speak- ing with Adelphia's Supervisor, Mr. Colman was advised they are working on the old equipment which is causing the problems. It was suggested Adelphia alert subscribers when they are working on the equipment and, perhaps, compensate them with free service for a month or two. Mr. Colman noted he would like the opportunity to respond to comments by the Adelphia representatives. Understanding that Adelphia provided additional channels to Boca Raton and Palm Beach, Mr. Colman questioned in writing why High- land Beach was not extended the same courtesy. It wasn't until he submitted a subsequent letter, copied to the town, that a response from Adelphia, which Mr. Colman did not consider satisfactory, was received. Mr. Colman, noting the town requires positive answers from Adelphia with regard to up-dating of equipment, questioned how soon the additional channels will be included and whether the . repetative channels could be deleted. Town Commission • April 07, 1992 Page 3 of 8 Regular Meeting Minutes Mr. Leonard Bell of the Villa Magna, agreeing with Mr. Colman's comments and alluding to comments regarding the 'black box', stated it is a disgrace to have that equipment in area homes; he further stated the reception on our government channel 12 is so bad that he can not read the information on same. Mr. Gerald Marshall of 1088 Bel Lido Drive, concurring with com- ments of the residents, noted that, to see what good cable is like, one should go to West Boca to observe their cable service. Mrs. Lucy Miller of 3301 South Ocean Boulevard, noting she found this meeting very revealing, stated when she calls Adelphia she is told she is the only one with problems. Discussion re Adelphia Cable Television At this time, Adelphia Cable Representatives Chuck Blaine and Jim Vernon, in attendance to discuss the up-grading of the cable system in town, were introduced. Noting said up-grading has been going on for sometime, Mr. Blaine stated it is to be completed this week and it will increase the • capability of the number of channels each customer (household) will be able to receive. Mr. Blaine noted Adelphia has four dishes in place behind town hall with the 'head-end' having to be expanded to accommodate more channels. With regard to Adelphia's Service Personnel, customers are encouraged to give feedback to the Personnel Manager by returning the prepaid 'questionaire' cards the servicemen leave at each call. Further, Mr. Blaine advised that Adelphia is hoping the up-grade will take care of the service calls; they are making every effort to replace the black converter box with the 'State of the Art Scientific Atlantic Con- verters' which will allow Adelphia's Personnel to talk directly into the unit to effect a correction. Regarding the various channels, Mr. Blaine advised Adelphia will be replacing channel 34 (which has most problems) with the addi- tion of the American Movie Classic Channel. Other channels being considered are: WAQ, C-span 2, Christian Scientist Monitor, Nickelodeon, and the Comedy Channel. Mr. Jim Vernon, Assistant Manager for Palm Beach County, noted the problem in Highland Beach is unique in that the majority of the buildings are on an antenna system located on the roof with copper cable wiring (which creates problems with reception) running to • Town Commission Regular Meeting Minutes • April 07, 1992 Page 4 of 8 each floor; Adelphia is evaluation this matter building by build- ing. Mr. Vernon advised the town presently has approximately 300 megahertz and, as part of the up-grade, the megahertz will be increased to 550. During substantial discussion, it was indicated that the up-grading of the cable system will cost Adelphia approximately $400,000.00. At this time, the Adelphia representatives responded to questions posed by residents Gerald Marshall, Joseph Rudnick, Philip Colman, Lucy Miller, Russ Richardson, and Leonard Bell. At the conclusion of the lengthy discussion, it was the consensus to have the Adelphia representatives return to the June 02, 1992 Regular Meeting of the Town Commission to apprize the residents as to the status of the up-grading of the cable system in town. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Under his report, Vice Mayor Paul noted that, due to the multiple use of the bike path, he will refer to it as a sidewalk. Having gained new users, a number of whom are on roller blades, the Vice • Mayor stated it is dangerous for residents who walk on the path; and the use of a Walkman radio by pedestrians adds to the danger as a walker is unable to hear if a warning signal is sounded. While the town cannot restrict the use of the path, the Vice Mayor suggested everyone using said facility should use old fashioned common courtesy. It was further noted that, in some areas, hedges are quite high creating a dangerous condition as you cannot see what is coming at you from the property parking areas. It was also noted that many drivers do not obey the stop signs posted in certain areas. Mr. Gerry Marshall of Bel Lido Drive stated that, during the mini- walk on Saturday, he fell down in a hole on the bike path which was recently repaired and is presently in dangerous condition due to many cracks and holes. It was requested that the Town Manager, Maintenance Department or the Mayor be advised of problem areas on the bike path so that minor repairs may be accomplished; any major problems will be directed to the contractor who recently repaired said path. Vice Mayor Paul further reported that on Saturday's mini-walk, participants pointed out areas that were eyesores: the recycling bins at the Fire Department; the lot across the street where there • Town Commission Regular Meeting Minutes • April 07, 1992 Page 5 of 8 are a number of dead trees; and, piles of old lumber with protrud- ing nails in front of a private residence at the North end of town. Commissioner Arlin Voress Commissioner Voress had no report. Commissioner Arthur Evpel Commissioner Eypel extended congratulations to the Mayor and Victor Hadeed for organizing the successful mini-walk on Saturday for benefit of the March of Dimes. The Commissioner noted he spoke with the Town Manager this date and requested a copy of the March 1990 Proposal regarding the town's bike path repair options, prepared by Gee & Jenson. Commissioner John F. Rand Commissioner Rand had no report. • Mayor Joseph A. Boulay Mayor Boulay stated the mini-walk was basically his idea; however, he passed the difficult task of organizing the program on to Victor Hadeed and Dottie Boulay. The Mayor extended thanks to all (coordinators, volunteers, and participants) who made the walk a success. It was noted the goal was reached, donations are still coming in as well as matching funds from IBM inasmuch as their employees were involved in this fund raiser. The Mayor reported attending the Palm Beach County Water Resources Advisory Board Meeting last Wednesday at which the regional water supply plan for all of southeast Florida (from Monroe County to the Florida Keys and the Everglades) was discussed. A committee will be working to develop a regional plan to route water to ap- propriate places by re-routing canals to areas where water is required. The Mayor noted it will be a good program for the Everglades, the Lake Okeechobee, and Coastal Towns. Noting Palm Beach County Tax Appraiser Rebecca Walker is resign- ing, the Mayor informed the Members that Mr. Gary Nikolits, a candidate for that position, requested permission to appear before this Town Commission. With Members agreeing to this request, the r~ LJ Town Commission Regular Meeting Minutes April 07, 1992 Page 6 of 8 Mayor noted he is looking forward to having the same crowd and resident participation (as occurred at this Regular Meeting) who will discuss and question appraisals on their property. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney had no report. REPORTS - TOWN MANAGER 1. Discussion re Adelphia Cable Television n U This matter was addressed earlier in the meeting as the agenda was amended by moving this item to a forward position. Town Manager Mariano, have been distributed note of the important through said budget. from the ground up wi area of interest. noting 1992/93 fiscal year budget calendars to the Commission, requested Members make dates when the Town Commission will go It was noted that department heads will work th the Commissioner assigned to a particular REPORTS - BOARDS AND COMMITTEES Mayor Boulay noted the scheduled meeting dates of the various Town Advisory Boards as well as the two existing member vacancies on the Community Appearance Board. MOTION by VICE MAYOR PAUL/COMMISSIONER VORESS to re-appoint Paul Heetmann to a three year term on the Community Appearance Board carried unanimously. COMMISSIONER RAND/COMMISSIONER EYPEL MOVED to appoint Eugene Behrman to a three year term on the Community Appearance Board. The MOVE was favorably received by all. PROPOSED ORDINANCES AND RESOLUTIONS 1. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUPPORTING THE ADOPTION OF STATE LAW PROVIDING REVENUE FOR MUNICIPALITIES TO BE USED SOLELY FOR MODERNIZATION OF RECORDS MANAGEMENT SYSTEMS; EFFECTIVE DATE. r~ L Town Commission Regular Meeting Minutes • April 07, 1992 Page 7 of 8 Commissioner Voress, acknowledging the Town Clerk's memorandum of April 06, 1992 which addressed questions raised at the March 31, 1992 Workshop Meeting with regard to this resolution, suggested moving ahead on this matter. MOTION by COMMISSIONER RAND/COMMIS- SIONER EYPEL to adopt the resolution carried with 'AYE' votes cast by each Commissioner. 2. A RESOLUTION TO THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING A FAIRER DISTRIBUTION OF THE COUNTY TAX BURDEN. A MOTION to adopt the resolution was proposed by COMMISSIONER RAND/VICE MAYOR PAUL. It was suggested that residents attend the Palm Beach County Board of County Commission Public Hearings for the county budget when taxes are discussed. Residents are re- quested to sign copies of this resolution (available at Town Hall) and mail to Palm Beach County Commissioner Mary McCarty to show their support of this resolution. Town Manager Mariano stated it is important to get our residents out there as well as write to County Commissioner McCarty in support of this resolution. Same will be mailed to the 37 municipalities in Palm Beach County with a request that they consider such a resolution. A roll call vote resulted in unanimous approval of the MOTION. 3. A RESOLUTION AMENDING RESOLUTION NO. 577 ESTABLISHING A SERVICE FEE FOR RETURNED CHECKS, DRAFTS, OR OTHER ORDERS FOR PAYMENT OF MONEY TO THE TOWN OF HIGHLAND BEACH, FLORIDA, TO ENCOMPASS THE CURRENT LANGUAGE OF F.S.S. 166.251. Following brief discussion, COMMISSIONER VORESS/VICE MAYOR PAUL MOVED to adopt the resolution as submitted. A roll call vote approved the MOTION without objection. 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 6 ENTITLED "BUILDING AND STRUCTURES" BY THE ADDITION OF ARTICLE X, ENTITLED "SWIMMING POOL CODE", PROVIDING FOR CODIFICATION. The proposed ordinance, given first reading by title only by Mayor Boulay, was moved to the April 28, 1992 Workshop Meeting Agenda for further discussion. r Town Commission April 07, 1992 Page 8 of 8 Regular Meeting Minutes REGULAR BUSINESS Items Left Over 1. Discussion re Amendment to Personnel Rules and Regulations The Commission acknowledged receipt of the Town Manager's memoran- dum of April 07, 1992 regarding the amendment to Personnel Rules and Regulations which contained the following recommended replace- ment language: "Additional payroll deductions may be authorized from time to time by the Town Manager or the Town Commission." A MOTION by COMMISSIONER VORESS/VICE MAYOR PAUL to approve the language recommended by the Town Manager received unanimous acceptance. Consent Agenda None ADJOURNMENT With all agenda items having been addressed, the Regular Meeting was adjourned at 3:55 p.m. by Mayor Boulay upon MOTION by COMMIS- SIONER RAND/COMMISSIONER VORESS. ~ APPROVED: ~ ~ Joseph A. Bou ,y, Mayo w..~--- Bi 1 Paul, Vice Mayor oressl,/ C~fnmissipner sinner J Rand, Commissioner