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1993.08.31_TC_Minutes_Workshopf , ~ a TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, August 31, 1993 1:30 p.m. Mayor Arlin Voress call the Workshop Meeting of the Town Commis- sion of the Town of Highland Beach, Florida, to order at 1:30 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 Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Town Clerk Anne M. Kowals, CMC, and members of the general public. Following roll call, Mayor Voress recessed the Workshop Meeting at approximately 1:35 p.m. for the purpose of holding an advertised Public Hearing to obtain citizen input regarding Adelphia Cable Services. Mayor Voress reconvened the Workshop Meeting at approximately 2:40 p.m. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA The Agenda was unanimously accepted as written. 93.1 PUBLIC COMMENTS AND REQUESTS At this time, no one addressed the Town Commission. 93.2 BOARDS AND COMMITTEES Mayor Voress, noting there are no vacancies on the Town Boards and Committees, acknowledged receipt of a Planning Board Memo of 8/11/93 recommending Special Exception for boat davits requested by resident Aldo Ruscito of 4229 Intracoastal Drive. It was the consensus to schedule an advertised Public Hearing at 1:30 p.m. on October 05, 1993. 93.3 PROPOSED ORDINANCES AND RESOLUTIONS 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 2 ENTITLED "ADMINISTRATION" SECTION 2-76 (a) REGARDING THE COMMUNITY APPEARANCE BOARD; CHAPTER 20 ENTITLED "PLANNING AND DEVELOPMENT" SECTION 20-26 (a) REGARDING THE PLANNING BOARD AND SECTION 20-46 REGARDING THE BOARD OF ADJUSTMENT, OF THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REGARDING REGULATION OF MEMBER ABSENCES OF THE AFORESAID BOARDS. ~_ Town Commission Workshop Meeting Minutes August 31, 1993 • Page 2 of 5 The proposed ordinance, given first reading on 8/03/93 and published on 8/20/93, was read by title only. The consensus was to include this matter on the September Regular Meeting Agenda for possible consideration. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO EFFECT A TAX LEVY BASED UPON THE 1993 TAX ROLL OF THE TOWN OF HIGHLAND BEACH. The ordinance received first reading on 8/03/93 and was published on 8/20/93. Same, read by title only, will be the subject of an advertised Public Hearing at 5:01 p.m. on Friday, September 03, 1993. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROPRIATING FUNDS FOR THE FISCAL YEAR 1993-94, BEGIN- NING OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1994. The ordinance, given first reading on 8/03/93 and published on 8/20/93, was read by title only. Same will be the subject of an advertised Public Hearing at 5:01 p.m. on Friday, September 03, 1993. • 4. RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROVING THE COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEW INTERLOCAL AGREEMENT AND THE MULTI-JURISDICTIONAL ISSUES COORDINATION FORUM INTERLOCAL AGREEMENT AND AUTHORIZING THE MAYOR OF THE TOWN COMMISSION TO EXECUTE SAME. The resolution was read by title only. It was noted this document is for resolving Intergovernmental disputes; it is acceptable to Palm Beach County Municipal League and the Palm Beach County Commission. The resolution will be on the September Regular Meeting Agenda for possible approval. 93.4 Discussion re September/October Newsletter The Commission, having reviewed the draft of the September/October Newsletter, directed it be prepared for mailing to our residents. MISCELLANEOUS - ITEMS LEFT OVER Status of Building Development in Town Members received and reviewed the Status of Building Development in Town, a report submitted by the Building Department. ~~ Town Commission Workshop Meeting Minutes August 31, 1993 • Page 3 of 5 Minutes for approval at September 1993 Regular Meeting Three sets of Town Commission Meeting Minutes were reviewed and moved to the September Regular Meeting Agenda for possible consideration. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Bill Paul was absent - no report. Commissioner Arthur Eypel Commissioner Arthur Eypel reported on the recent Palm Beach Countywide Beaches and Shores Council Meeting attended by Ms. Jane Rayner, the Town's alternate representative to said Council, at which meeting the dredging in South Palm Beach Inlet and the Shore Protection Project in Ocean Ridge and Manalapan were discussed. The Commissioner noted Ms. Rayner submitted an article on 'Sea Lice' which appeared in the Journal of the American Medical Asso- ciation and is available for review in Town Hall. • Commissioner Eypel acknowledged receipt of a letter from resident Maggie Chappelear regarding 'Real Estate Signs'. Following brief discussion, it was the consensus to have the Community Appearance Board review our sign ordinance and submit their recommendations to the Town Commission. To assist in this review, the Town Clerk's Department will request copies of model 'Real Estate Sign' ordinances from minicipalities similar to Highland Beach. Commissioner John F. Rand Commissioner John F. Rand had no report. Commissioner David Augenstein Commissioner David Augenstein reported attending the Palm Beach County Commission Public Hearing on August 17, 1993, regarding the proposed amendment of the Wetlands Protection Ordinance and the proposed Gasoline Tax issue. Mayor Arlin Voress Mayor Arlin Voress, under his report, stated the County is consid- ering a new "Interim Service Fee Ordinance" to collect fees from newly constructed properties that are not, as yet, on the tax roll. The Mayor noted the Town's 'emergency generator' is hooked up and delivery of the switch gear is expected within the next month. Town Commission Workshop Meeting Minutes August 31, 1993 • Page 4 of 5 Regarding the Intracoastal Waterway Pipeline, the Army Corps of Engineers' permit, approved for five years, was included in a blanket permit due to expire in 1995; therefore, the Town will request assurance that said permit is placed on the next blanket permit. It was noted the Health Department permit, which required modification re location of the line, has also been received. The Town, in possession of the required permits, is now in a position, if it so desires, to prepare documents to go forward for bids on this project. The Mayor advised Clay Blanton of Montgomery-Watson will attend the September Workshop Meeting to give a status report on this issue. Mayor Voress advised, regarding the 20 samples taken from various Town residents for Lead and Copper testing, the Health Department requires a final report within 60 days as well as a corrosion study within the following six months to determine if the water quality is causing any problems. Residents who participated in the testing will be advised of the results as soon as possible. The Mayor noted the asbestos cement pipe running through the Town, identified by Montgomery-Watson, will be looked into with our sewer contractor. • REPORTS - TOWN ATTORNEY Discussion re Charter Revision Ordinance Town Attorney Thomas E. Sliney, noting the Commission previously approved a number of amendments to the Town Charter, stated a draft ordinance addressing this matter will be prepared for first reading at the September Regular Meeting. Said ordinance will be reviewed at the September Workshop with possible adoption taking place at the October Regular Meeting. The Town Attorney will file the amended and restated charter with the Secretary of State's Office in Tallahassee; it will be submitted to the Municipal Code Corporation for placement in the Town's Code of Ordinances. REPORTS - TOWN MANAGER Discussion re Financial Advisory Board Town Manager Mariano requested direction from the Town Commission with regard to the Financial Advisory Board Chairman's request ro review the 'Long Report' which was written in a way whereby it remains current and continues to maintain the integrity of the study. During discussion of the matter, Commissioner Rand stated that, following the FAB's in depth discussion of the 'Long Report', the FAB advised the Town Commission in April 1991 they felt no changes Town Commission Workshop Meeting Minutes August 31, 1993 Page 5 of 5 were necessary. It was the consensus of the Commission that a review at this time is not necessary and the Town should continue with the present method of determining annual compensation for its employees. It was noted the Town Manager and Town Attorney are scheduled to meet with the owner/representative of the delapidated structure at the South end of Town to have the condition remedied as soon as possible. • The public was invited to attend the advertised Public Hearing for the 1993/94 f.y. budget set for Friday, September 03, 1993, at 5:01 p.m. in the Commission Chambers. It was noted the milage rate for this budget will be reduced. ADJOURNMENT APPROVED: ~r ~ - r~~~` ~ _ Arlin Voress, Mayor Town Manager Mariano reported the Florida League of Cities Confer- ence held in Fort Lauderdale August 13-16, 1993, was a success. It was noted data on several issues of interest to the Town, discussed at the Conference, has been placed on the clipboard in the Commission Office at Town Hall. The Town Manager advised the Delray Beach Fire/Rescue Service is on track and Delray Fire Chief Kerry Koen will attend our Septem- ber Workshop Meeting to introduce key members of his staff who will become familiar faces to our residents. It was noted the new Highland Beach owned rescue vehicle will be on display on the day of the Workshop Meeting. The actual "takeover" is scheduled for 4:00 p.m. on Thursday, September 30, 1993. There being no futher business to come before the Town Commission at this time, Mayor Voress, upon MOTION, adjourned the Workshop Meeting at 3:20 p.m. Vick Mayor U i Arthur EypB Co~lis9ioner /, F . Ran, Commi s i er ss I~ •,~i~ INITIAL RESPONSES TO TOWN OF HIGHLAND BEACH LETTER DATED AUGUST 4, 1993 1. ADELPHIA'S PRESENT RATE SCHEDULE: Broadcast Basic (15 Channels) $10.95 Standard Service (37 Channels) $18.95 includes Broadcast Basic Premium Services Home Box Office $10.95 The Movie Channel 9.00 Showtime 9.00 Disney 7.00 Additional Outlet $ 2.50 Additional Standard Service Outlet 3.00 Additional Equipment 2.50 Currently, 338 homes (10~) subscribed to standard service. The remaining 90~ are served under bulk service agreements. There are no homes that subscribe to only the Broadcast Basic • level of service. 2. ANTICIPATED CHANGES IN RATES UNDER THE 1992 REVISIONS TO THE CABLE ACT OR OTHERWISE. Cable rates at this time cannot be raised until November 15, 1993;. Preliminary computations using the benchmark formulas established by the FCC, indicate that the current prices will be within these benchmarks for a system the size of Highland Beach. On a per channel basis, the rates in Highland Beach, are less than those being charged by Adelphia Cable in the rest of Palm Beach County. HIGHLAND BEACH BROADCAST BASIC STANDARD SERVICE $.73 PER CH. $.51 PER CH. PALM BEACH CO. $.83 PER CH. $.58 PER CH. Due to the volume of rules relating to rate regulation, and the still unfinished rules to be established by the FCC, no rate adjustments affecting individual subscribers are being planned at this time. 3. PLANS FOR UPGRADING PLANT AND EOUIPMENT As the Commission may be aware of, over the last two years, Adelphia Cable has rebuilt the plant serving the Town, as well .I as, upgraded the equipment. The recent upgrade also allowed Adelphia Cable to introduce state-of-the-art addressable converters into the system. The system is now capable of passing 450 MHz which should meet the market needs for services for many years to come. 4. PRESENT CHANNEL LINE-UP AND ANTICIPATED NEW OR ALTERNATIVE CHANNEL LINE-UPS. A copy of the current line-up is enclosed. Since Adelphia acquired the system from Centel Cable, the following channels have been added. Equipment for the Highland Beach Government Channel The Disney Channel American Movie Classics The Family Channel Sports Channel Florida Turner Network Television The Discovery Channel Nickelodeon Comedy Central Sunshine Network Pay-Per-View Information Request I Pay-Per-View Service Adelphia Cable will continue to monitor additional programming • as it becomes available, as well as, continually solicit feedback from our customers for future market needs. 5. ANY PLANS FOR SALE OR CONSOLIDATION OF THE HIGHLAND BEACH SYSTEM. No plans of this type are being considered or solicited. 6. HOW ADELPHIA WILL ADDRESS THE FUTURE NEEDS OF THE RESIDENTS OF THE TOWN; AND. As shown by the channel expansion, and recent upgrading of the Highland Beach system, Adelphia Cable is continually striving to keep abreast of the changes in the cable industry, both from a technical and programming standpoint. We are fortunate in Highland Beach to have a Town Manager's office that provides continual input from residents' inquiries, since most of our customers may be seasonal in nature, our Commercial Development Coordinator also receives input. Direct solicitation of feedback is accomplished through newsletters that provide feedback forms and through mail- pieces provided by installation and service personnel. r~ v y. 7. THE PRESENT MANAGEMENT TEAM AND ANY CHANGES IN THE MANAGEMENT TEAM RESPONSIBLE FOR ADELPHIA'S HIGHLAND BEACH SYSTEM. No changes are anticipated except for normal attrition and promotion opportunities for our employees. \memos.986 • `~"~~" _ ~~ ~, ~ ,,II~~11~~ We have approximately 20 ~responses~ The concerns and suggestions were consistently based on the following: - Need for a "prevue guide channel" - Lack of channels with specific requests like Bravo SciFi, Encore, MAX TBS,TDC, WEA, WGN,WOR - Obsolete equipment - High cost of second and additional sets in a unit - Credit for down time Poor reception - Standardized rates - Lower rates - Busy Phone Lines - Lack of coverage of Marlins games on Sunshine - Need for a spanish station Staff would like all of these concerns addessed during our franchise negotiations and further will request that the next franchise agree- ment provide for additional items i.e.: - An escalating scale to require the provision of additional channels at times certain in order to assure utilization of the line capability. - A provision which will require the franchisee to research and provide the latest technology to its subscribers. • - An equal standards clause which will require the franchise holder to make available to Highland Beach any service offered in other of their service areas. - Revenues based on definitive terms as will be addressed by our Finance Director momentarily. - Provision which will require certain local channels be maintained to "serve the public interest" which would include local news, weather and evacuation notices in case of emergency. The Town has been collecting all data necessary to explore the feasi- bility of purchasing and maintaining a municipally owned system and we will continue to explore this and all other options available to us. I would now like to call on Michael Seaman who will make comment as to the financial aspects of any new franchise agreement the Town may consider. (MICHAEL) Thank you, that concludes the staff report at this time. •