1990.03.06_TC_Minutes_Regulara
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TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, March 6, 1990 1:30 P.M.
Mayor Joseph A. Boulay called the Regular Meeting of the Town Commis-
sion of the Town of Highland Beach, Florida, to order in the Commission
Chambers at Town Hall at 1:30 P.M. Others present were Vice Mayor John
J. Basso, Commissioners Doris R. Rome, Marvin A. Waldman and Betty Jean
Stewart.
Also in attendance were Town Attorney Thomas E. Sliney, Town Manager
Mary Ann Mariano, Gee & Jenson Representatives Jim Park and Scott
Benowitz, Deputy Town Clerk Anne M. Kowals and members of the general
public.
Following roll call, the Pledge of Allegiance was given.
ADOPTION OF AGENDA
As recommended, the Agenda was amended by moving Item 1 under the Town
Manager's Report (Report by Mr. Jim Park of Gee & Jenson re Bike Path
Study) to a position following Public Comments and Request. MOTION was
• then made by COMMISSIONER STEWART/VICE MAYOR BASSO to accept the Agenda
as amended. Same carried without objection.
APPROVAL OF MINUTES
The following Minutes were submitted for approval:
January 30, 1990 - Workshop Meeting
February 06, 1990 - Regular Meeting
MOTION was made by COMMISSIONER STEWART/VICE MAYOR BASSO to adopt the
Minutes as amended. The MOTION carried unanimously.
PUBLIC COMMENTS AND REQUESTS
Mr. Harold B. Cohen, a resident at Ambassadors South, who has served on
various Town Boards, expressed his concern with newspaper reports re-
garding Town Commission Meetings being used as a political forum. Mr.
Cohen stated that it was his hope that this Council will carry on with
Town business in the usual exemplary manner.
Mr. Alfred Debicki, a Seagate of Highland resident who frequently walks
the bike path, noted that on 12/30/89, he and his wife were involved in
a bike accident on the bike path; Mrs. Debicki suffered a broken ankle
and knee injury; Mr. Debicki suffered serious cuts and bruises. Mr.
Debicki, noting he has no solution, wanted to make the Town Commission
aware of the fact that there are serious things happening on the bike
path and some people do not use good judgement on the bike path. When
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• Town Commission Regular Meeting Minutes
March 6, 1990
Page 2 of 6
Mr. Debicki was questioned as to whether the biker signaled in any way
(ring a bell), he stated that there was no warning at all--the biker
just ran into the pedestrians.
Mr. Philip Colman, resident/developer of the Villa Magna, noted that he
too uses the bike path and the problem is that the bikers do not use
any signal at all. Mr. Colman questioned if a Town Ordinance can be
passed and enforced to require a biker to use a bell; if the biker does
not comply with such ordinance, he/she would be subject to a fine.
Town Attorney Sliney commented that that is a major enforcement
situation and he does not know how one would enforce such an ordinance
if it were adopted.
Vice Mayor Basso, commenting with regard to the problems on the bike
path, also questioned how the Town can enforce bells on bikes. The
Vice Mayor noted that unless we get cooperation from the Boca Raton and
Delray Beach Police Departments, we will have problems on the bike
path.
Mr. Colman stated that if Highland Beach would pass such an ordinance,
perhaps Delray Beach, as well as other Towns, would follow. He noted
• that the public is saying the Town needs an ordinance and a serious
attempt to enforce same; if you make sure riders have a license and you
require their bikes be equipped with a bell, you are solving part of
the problem and you will make a serious attempt at enforcement.
Following substantial discussion of this matter, the Mayor suggested
setting up a committee made up of the Town Manager, Police Chief and
Town Attorney to look into this situation and come up with recommenda-
tions at the next Town Commission Meeting.
Mr. Patrick Beary, a Seagate of Highland Condominium resident, noted
that, for the record, he would like to submit a letter from Thomas M.
Gaffey, Jr., dated February 9, 1990, addressed to Mayor Joseph A.
Boulay (a copy of which is attached to and made a part of the Minutes)
and questioned what action the Town Commission is contemplating with
regard to the Town's Cable T.V. Franchise. Mayor Boulay advised that
he responded to the above cited letter on February 20, 1990 (a copy of
which is attached to and made a part of these Minutes).
Report by Mr. Jim Park of Gee & Jenson re Bike Path Stud
Mr. Jim Park, Manager of Planning and Landscaping Architecture, and Mr.
Scott Benowitz, Planner, with Gee & Jenson Engineers, West Palm Beach,
made a presentation of slides and video tape with regard to the Bike
Path Study; they explained the various problems and submitted the
printed manual of the Bike Path Study which included four alternate
phases for upgrading/maintaining the Bike Path. It was the consensus
of the Town Commission that inasmuch as this Study was just distributed
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. Town Commission Regular Meeting Minutes
March 6, 1990
Page 3 of 6
at this Regular Meeting, Members should have time to review the
material and this matter be placed on the next Workshop Meeting Agenda
for further discussion. Mayor Boulay encouraged residents to submit
their written comments with regard to this presentation by Gee & Jenson
keeping in mind there are certain things the Town can do (i.e. the
Department of right-of-way property belongs to the State, etc.).
REPORTS - TOWN COMMISSION
Mayor Joseph A. Boulay
Mayor Boulay reported that the silver trophy won by the Town of
Highland Beach in the 1989 March of Dimes Walk-a-thon was returned to
the March of Dimes as it will be awarded to the winner of this year's
Walk-a-thon which is scheduled to take place on Saturday, April 7, 1990
at Palm Beach Community College. The Mayor invited all to join in this
March of Dimes Walk-a-thon (Municipal Government Category) and noted
that the participant walks as long and as far as he/she wants.
Vice Mayor John J. Basso
• Vice Mayor Basso noted that, in the last decade, operating and managing
local government has become more complex particularly with regard to
the Comprehensive Plan which the State mandates must be reviewed every
five years. The Vice Mayor further noted that the 1989 Comprehensive
Plan, approved by the Florida Department of Community Affairs and
adopted by the Town Commission in the latter part of 1989, reflects a
25°s reduction in the expected total population and a 24% reduction in
the number of proposed dwelling units; and, if the Town is successful
in settling the two pending litigations, the proposed dwelling units
will be further reduced.
Commissioner Doris R. Rome
No report.
Commissioner Marvin A. Waldman
No report.
Commissioner Betty Jean Stewart
Commissioner Stewart reported attending the Palm Beach County Beaches
and Shores Council Meeting on February 12, 1990 in West Palm Beach at
which Meeting dune walkovers were approved for both the Brandt (Town
Lot No. 131) and Baker (Town Lot No. 132) single family residences at
• the North end of Town. Regarding the pruning of Seagrapes on the
beach, Commissioner Stewart noted that the Beaches and Shores Council
voted to deny cutting the Seagrapes on the beach because this
• Town Commission Regular Meeting Minutes
March 6, 1990
Page 4 of 6
vegetation tends to stop, as well as catch, the sand as it is blown on
the beach by strong winds and thereby establishes new dunes. The
Commissioner advised that no meeting of the Beaches and Shores Council
is scheduled for March.
REPORTS - TOWN ATTORNEY
Town Attorney Sliney, noting a copy of Attorney Rosenbaum's letter of
February 28, 1990 regarding the Broadview Savings and Sentinel Commu-
nities matter (Hoffmann/Hidden Harbor) was forwarded to each Commission
Member, requested permission from the Town Commission to authorize
Attorney Rosenbaum to submit said letter to the appropriate parties.
VICE MAYOR BASSO/COMMISSIONER WALDMAN MOVED to authorize the forwarding
of Attorney Rosenbaum's letter of February 28, 1990 re the Broadview
Savings and Sentinel Communities matter to the appropriate parties. A
roll call vote resulted in five "AYE" votes.
REPORTS - TOWN MANAGER
Town Manager Mariano reported that the Topographic Survey of the Town
• Hall Property, prepared by Gentry Engineering, has been received and is
available for inspection in Town Hall. The Town Manager noted that a
copy of this Topographic Survey will be forwarded to Urban Design
Studio to be used in conjunction with their preliminary design proposal
for a park behind the Town Hall.
Town Manager Mariano informed the Town Commission of the death of
Deputy Sheriff Tom Rutherford, husband of the Town's Chief Accounting
Officer JoAnn Rutherford, and advised the Members of the funeral
arrangements.
REPORTS - BOARDS AND COMMITTEES
Mayor Boulay noted the existing vacancies on the various Town Boards.
MOTION was made by COMMISSIONER STEWART/COMMISSIONER ROME to nominate
John Rand to the Financial Advisory Board for a three year term and
Abraham Futernick as an Alternate Member of the Planning Board for a
one year term. The MOTION carried without objection.
PROPOSED RESOLUTIONS AND ORDINANCES
1. AN ORDINANCE AMENDING CHAPTER 29 ENTITLED "WATER SYSTEM",
SEC. 29-24 ENTITLED "DEFINITIONS", SEC. (4) ENTITLED "WATER
SHORTAGE"; SEC. 29-24 (c) (1) AND SEC. 29-24 (c) (1) (a) __
ENTITLED "IMPLEMENTATION"; SEC. 29-24 (c) (2) ENTITLED "WATER
USES"; SEC. 29-24 (d) ENTITLED "ENFORCEMENT"; PROVIDING AN __
• EFFECTIVE DATE.
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Town Commission Regular Meeting Minutes
March 6, 1990
Page 5 of 6
The proposed ordinance, given first reading on 2/6/90 - published on
2/16/90, was read in its entirety by the Deputy Town Clerk. A MOTION
to adopt the ordinance was made by VICE MAYOR BASSO/COMMISSIONER ROME.
The MOTION carried without objection.
2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
THE TOWN CODE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO WIT:
CHAPTER 7, ENTITLED "BUILDINGS", SECTION 7-1.1 PROVIDING FOR
A MINIMUM PERMIT FEE, PROVIDING AN EFFECTIVE DATE.
•
The proposed ordinance, given first reading on 2/6/90 - published on
2/16/90, was read in its entirety by the Deputy Town Clerk. COMMIS-
SIONER ROME/VICE MAYOR BASSO made a MOTION to adopt the ordinance.
Following discussion, the Commissioners agreed to amend the ordinance
by including the following statement suggested by Commissioner Stewart:
"An inflation adjustment as reported by the United States
Government Bureau of Labor Statistics Reported for the
twelve month period ending April 30th each year shall be
used in determining the inflation adjustment to the above
fees and be applied on the following October lst of each
year thereafter."
A MOTION was made by COMMISSIONER WALDMAN/VICE MAYOR BASSO to accept
the amendment proposed by Commissioner Stewart. A separate roll call
vote, taken for each MOTION, resulted in an "AYE" vote being cast by
each Commissioner.
REGULAR BUSINESS
Items Left Over
1. Discussion of Town Attorney Sliney's letter of 2/26/90
re Palm Beach County Fire/Rescue Contract
Attorney Sliney informed the Town Commission that correspondence was
received from County Attorney Denise Barile's Office requesting that
the Town delete paragraph number 4 contained in the Town Commission
approved letter addendum (addressed to County Commission Chairman
Elmquist) to the Palm Beach County Fire/Rescue Contract. Following
substantial discussion, MOTION was made by COMMISSIONER WALDMAN/VICE
MAYOR BASSO approving the basic letter the Town Commission had
authorized earlier to County Commission Chairman Elmquist with the
deletion of paragraph number 4. The MOTION carried unanimously.
• Consent Agenda
Approval of Appointment of Poll Workers for the _March_13, 1990
Municipal Election per list dated February 27, 1990
~ •, i
Town Commission Regular Meeting Minutes
March 6, 1990
Page 6 of 6
A MOTION by VICE MAYOR BASSO/COMMISSIONER ROME approving the
appointment of poll workers for the March 13, 199P! Municipal Election
per list dated February 27, 1990 carried without objection.
There being no further business to come before the Town Commission at
this Regular Meeting, Mayor Boulay adjourned same at 3:30 P.M.
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APPROVED.
Jo eph A. Boulay, Mayor
(Term ended 3/13/90)
John J. Basso, Vice Mayor
•
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(Term ended 3/13/90)
Doris R. Rome, Commissioner
liar in A. Waldman, Commissioner
Bet y Jean Stewart, Commissioner
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Town of Hi
hland
Beach Mayor:
JoeephA.Boulay
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John J. Bnsso
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~ Commissioners:
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A ,~ . ~ 361 4 SOUTH OGEAN BOULEVARD • HIGHLAND BEACH. FLORIDA 33487 Doris R. Aome
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~ Mnroin A. Waldman
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p Bettq Jeaa Stewart
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Palm Beach County, Florida
407 - 278-4548 Town Manager:
Mazy Ann Mariano
February 20, 1990
Mr. Thomas M. Gaffey, Jr.
2701 S. Ocean Blvd. Apt. #41
Highland Beach, FL 33487
Dear Mr. Gaffey:
I am in receipt of your letter dated .February 9, 1990 in which you
state your observations regarding Adelphia Cable's intent to
increase its rates.
As background, I would like to advise that by Ordinance No. 40S
adopted March 9, 1981, the Town Commission granted a fifteen year
cable television franchise to Highland Beach Cable TV, which
company was subsequently bought by Centel Cable and, more
recently, by Adelphia Cable Communications. All transfers of the
franchise were done in accordance with the provisions of Section
12 of the franchise.
Further, at the time the franchise was adopted, there was a pro-
vision which allowed rate increases only after Town Commission
approval. However, in 1984, the federal government deregulated
the cable communications industry and repealed local government's
jurisdiction over cable television rates. Therefore, the Town
Commission has no jurisdiction over and cannot become involved in
rate negotiations between the individual cable subscribers and the
cable company. I would further like to advise that Adelphia is in
compliance with all remaining provisions of its franchise.
I am, as a means of information only, attaching a statistical
analysis sheet which covers the various rates for cable service
charged by the twelve companies operating in Palm Beach County.
Although the Town Commission has no jurisdiction over cable rate
negotiations, I do know from personal contact with Mr. Del Hanley
of Adelphia that he is more than willing to work with each indivi-
dual subscriber to resolve whatever questions you have. Mr.
Hanley may be reached at 863-5701.
I hope this letter clarifies the Town's position on this matter.
Very truly yours,
~ ~-`._ G.
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~Jo, seph A. Boulay
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_ THOIiAS 1[. GAFFBY. JB.
2701 South Ocean Boulevard-Apt'41
Highland Beach. Florida 33487
(407) 272~8b87
Certified Mail
Return Receipt
Mr Joseph A Boulay, Mayor
Town of Highland Beach
3614 South Ocean Boulevard
Highland Beach Florida 33487
February 9,1990
lte: HIGHT.AND $BA('S OONDO~NIUI[ OIWNBHS Aim SS~TCI HIP'P~ ~F
BY T OwN QOffiISSION'S CABLE T V FRAN(~I~. WHAT gS~IAL
ACTION l'S THB LION C10NT~LATING~?
Dear Mr Boulay,
Adelphia Cable Communications the. cable TV operation to which the
Town Council granted a franchise monopoly, has given notice that it
is in the process of cancelling its contracts to provide "basic"
(i.e. local channels only) bulk services to condominium associations
in Highland Beach. In connection with the canceling of its
• obligations it is offering contracts ("on a take it or leave it
basis", effective April 1,1990) for a new "expanded basic" cable
service. The more costly "expanded basic" service is the equivalent
of the present premium service (i.e. local, channels plus national
cable services exclusive of the the movie channels).
Typical economic effects of these "new taxes" on Highland Beach
citizens are:
•Those who either have no need for or don't desire premium
services, or those on fixed incomes who can't afford any,
will see their bills riso to ZZ3~t of today's charges
$39.00/year to $87.00/year).
•Seasonal residents who presently subscribe to premium non
movie channel service for three months a year will be
forced to subscribe for a full twelve month year and thus
will pay ~5~ moss per year for the same service
($60.00/year to $87.00/year).
•Condominium associations that elect to restore "basic" local
channel non cable service to residents through a master
antenna (e.g. the pre 1983 system) will incur substantial
expenditures for new antennas and wiring. T1y.y di®aatlod
thoao ayata~os r~lyinQ oa tho sari brok+oa Dsnmiao of
insa~vasivo "heals" loaal ahaaaol aablo sasviao. The
substantial cost of again establishing those systems
will be assessed to owners.
..
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,'
The economics of the cable television industry are such that when
franchises change hands, the going market price is $2,000 to $3,000
per subscriber. Adelphia Cable is the successor to Centel. If
Adelphia bought the system from Centel and there are two thousand
subscribers in Highland ,Beach, it is reasonable to assume Adelphia
;' paid approximately $5 million for the monopolistic rights which the
Town Commission conferred on Centel.
Adelphia is now seeking to recover that $5 million from the pockets
of our citizens. Inasmuch as the root cause of this heavy handed
gouging is the franchise granted by the Town Com~niasion, I presume
you and your colleagues are formulating a creative plan of action to
protect us from this outrage. Mr.Mayor, the residents of Highland
Beach deserve and need to know, and to know promptly what action the
Commission will pursue.
Very truly yours,
Signed T. M. Gaffey
cc: Town Commissioners:
John J. Basso, Vice Mayor
3912 S. Ocean Blvd. M1414
Doris R. Rome, Commissioner
3221 S. Ocean Blvd. X1910
Marvin A. Waldman, Commissioner
4740 S. Ocean blvd. KPH-5
Betty Jean Stewart, Cosm-issioner
3723 S. Ocean Blvd.
Town Commission Candidates:
William E. Paul
1126 Russell Drive
Hal Chambers
2524 S. Ocean Blvd.
~/~ Management Associations of various Highland Beach condominiums
~~
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