1993.08.31_TC_Minutes_Special
TOWN OF HIGHLAND BEACH, FLORIDA
• Minutes of Meeting of Town Commission
PUBLIC HEARING
Tuesday, August 31, 1993 1:30 p.m.
Mayor Arlin Voress called the advertised Public Hearing of the
Town Commission of the Town of Highland Beach, Florida, to order
at approximately 1:35 p.m. in the Commission Chambers at Town
Hall. Others present were Commissioners Arthur Eypel, John F.
Rand, and David Augenstein. Vice Mayor Bill Paul was absent.
Also in attendance were Town Attorneys Thomas E. Sliney and Cormac
C. Conahan, Town Manager Mary Ann Mariano, Town Clerk Anne M.
Kowals, CMC, Finance Director Michael Seaman, Adelphia Cable
Communications Representative Doug Bennett, and members of the
general public.
Mayor Voress noted the advertised Public Hearing is being held in
compliance with the Federal Cable Act for the purpose of obtaining
citizen input into the existing cable service provided by Adelphia
Cable Communications.
At this time, Attorney Cormac C. Conahan, in presenting his
'Statement of Purpose and Background', explained the Town is man-
• dated by federal law to hold a public hearing, at the request of
the cable operator, three years prior to the expiration of the
franchise in order to obtain public input relating to cable
matters. This starts the time clock running that will result in
denial or renewal of the franchise. Following today's process,
the cable operator will submit a renewal proposal; another public
hearing will be held (providing residents an opportunity to give
additional input when the Commissioners have the renewal proposal
before them) at which time the Town will notify the cable opera-
tor whether it will or will not renew the franchise, based on the
proposal. Should renewal be denied, a public hearing will be held
to allow the Town to present evidence for denial as well. as permit
the cable operator to respond to same. The cable operator will
have 120 days to appeal the Town's denial through the courts.
Adelphia Cable Representative Doug Bennett, noting questions sub-
mitted by Town Manager Mariano on August 04, 1993, were addressed
in written communication prepared by Adelphia's Director of
Government and Community Affairs Chuck Blaine, stated he was
present to answer any questions.
Town Commission Public Hearing Minutes
August 31, 1993
Page 2 of 2
A copy of Town Manager Mary Ann Mariano's 'Staff Comments' is at-
tached to and made a part of these Minutes.
Finance Director Michael Seaman advised that presently the Town is
receiving a franchise fee of 3$ of gross subscriber revenues. The
Town could increase the percentage to 5~ of all gross revenues
which would include non-subscriber revenues such as advertising
revenues and home shopping channel commissions.
At this time, Mayor Voress invited public comments. The sign-in
sheet containing the names and addresses of the residents who
commented at the advertised public hearing is attached to and made
a part of these Minutes.
Attorney Conahan stated the Town is to specify a timetable for the
cable operator to provide a proposed renewal agreement which
traditionally is 60 to 120 days. The Town has a four month period
in which to accept or deny the renewal proposal.
It was the consensus to request Adelphia submit a proposal for
renewal within 90 days in order to set in motion the series of
events. It was suggested the issue of the Adelphia Cable
Franchise be included on the monthly Town Commission Workshop
• Meeting Agenda to allow residents the opportunity to present their
comments regarding this issue. The Mayor further suggested the
request for resident input regarding this matter be included in
the Newsletter as well as on Government Channel 12.
At this point, upon MOTION by COMMISSIONER RAND/COMMISSIONER
AUGENSTEIN, Mayor Voress adjourned the advertised Public Hearing
at 2:35 p.m.
APPROVED:
ss
. , Rawl, Commis
id Augen`stei~~ Co'nhnissioner
(Absent)
Bill Paul, Vice Mayor