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10-24-1977 - Regular ~ u ~ CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD October 24, 1977 Mayor Armstrong called the Regular Meeting of the City Council of the City of Edgewater, Florida to order October 24, 1977 at 7:30 P.M. The City Clerk called the roll: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson I. Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION SALUTE TO THE FLAG APPROVAL OF MINUTES Councilman Sikes made a motion that the Council approve the minutes of the Regular Meeting, October 17, 1977. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-1. Councilwoman Webber voted NO. BILLS AND ACCOUNTS Mayor Armstrong read the bills in the General Fund totaling $1,224.03. Councilman Dietz made a motion that the bills be approved for payment. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Armstrong read the bill General Fund Revenue Sharing bill. . Total $37.50. Councilman Dietz made a motion that the bill be approved for payment. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Armstrong read the bills for the Water and Wastewater Department Total $909.79. Councilman Dietz made a motion that the bills be approved for payment. Councilman Sikes seconded the motion. There was a discussion about the Briley Wild bills. Upon roll call the motion CARRIED 3-2. Mayor Armstrong and Councilwoman Webber voted NO. Mayor Armstrong read the bill for Water under Federal Revenue Sharing Total 369.92. Councilman Dietz made a motion that we approve the bill for payment. Councilman Sikes seconded the motion. Councilman Dietz requested that the Department be changed from Wastewater to Water because the bill was for the Water Well. Upon roll call the motion CARRIED 4-1. Councilwoman Webber voted NO. 1 u a COMMUNICATIONS The City Clerk read a letter from the U.S. Department of Commerce Economic Development Administration in reference to the construction of the new Water Plant. The letter primarily was a reminder of the November 30, 1977 deadline for on-site work to begin and the requirement of using 10% of the grant for minority business enterprises in connection with the construction. The City Clerk read a letter from Gertrude Karrer in reference to 108 N. Park Place property for sale to the City of Edgewater. Mayor Armstrong said that he felt the purchase of this property would be a good thing for the City but that at this time the budget was not sufficient for a purchase. Councilman Dietz made a motion that the Council send Mrs. Karrer a letter expressing our regret that we are unable to buy the property at this time that maybe in the future the money would be forthcoming to allow us to make a deal but at the present we do not have sufficient funds. Councilwoman Webber seconded the motion. Upon roll call the motion CARRIED 5-0. Tape 1B The City Clerk read a letter from the Edgewater Library Board requesting completion of the addition to the library. Councilman Sikes said that 90% of the contract had been paid and that our attorney should advise the contractor that we expect the items to be corrected satisfactorily. Councilwoman Webber made a motion that the Council advise the City Attorney to notify the contractor that these items must be finished or the City will take appropriate action. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Zoning Board requesting that the Council set up a joint Public Hearing to consider Coronado Trucking application to add to permitted uses in Industrial -1, a metal plating shop and also a machine shop. Also Mr. W.K. Robinson will be representing Coronado Trucking in this application. There was some discussion regarding the forthcoming Public Hearing on Ordinance 880. The Council decided to advertise a Public Hearing at 7:30 P.M. on November 16,1977. AUDIENCE MISCELLANEOUS Mr. Cooper of Indian Harbor Estates asked if the Council would consider putting on the agenda the annexation of more ground specifically Indian Harbor Estates. ~~y~~ Armstrong explained that there were several ways municipalities toU et~~~ex more ~and. The people in the area that want to be annexed have are~ as ~~nw~~~ ~~~~iSi~~ ~~ui~ed~~:~~ ~~wt~: ~~~~~nthage Otf people and the the transaction. ave 0 go to to make - 2 {J u Councilman Dietz suggested that a petition be presented to the Council as a matter of record to the City of Edgewater. Mr. Christy said that last year the Rescue Squad furnished transportation to the polls. However, because of some objection that service will not be given this year. TAPE 2 Mr. Frederick asked what the building next to Lovell Real Estate was going to be for. He was told it would be a used car lot. A question was asked about where election signs could be posted. Chief Baugh said that they could not be posted on public property. If they were posted on private property it must be with the owners consent. RESOLUTIONS None ORDINANCES None OLD BUSINESS Councilwoman Webber stated that Mr. Diamond had applied for the position of City Planner. She feels we need a planner and we have the money to pay for one. She would appreciate it if the Council would give this some thought and make a decision. Mayor Armstrong said that the people that were working on the comprehensive planning program have worked very hard and accomplished a great deal. He doesn't want to insult some of these people that have given us so much free time by hiring someone for $200 a week and give him the job of planning for us because he has a college degree. Councilwoman Webber said that these people needed guidance and someone to help them and show them the way to do it. They have done an excellent job but they need help. Councilman Sikes made a motion that lhis subject be tabled to at a later date with a recommendation from the Planning Board. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. City Clerk Blackwell read a letter from Charles Hall regarding Mr. Cameron's property. The Camerons were withdrawing their offer of dedicating a fifty foot strip of industrially zoned. property. Councilman Shell made a motion that this matter be set aside until after the election. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Armstrong brought up the subject of the proposed ordinance for Cable TV. It is obvious that we have to give them some relief, they cannot live up to the original ordinance. He further stated that we should sit down and go over the proposal item by item to negotiate a new contract. Councilman Dietz said that he believed there was only one place in the ordinance that the City could get hurt on he referred to the change to the density of 100 residents within the strand mile of cable necessary to _ serve such subscribers. In Florida Shores for example we would have to put 11 homes per block, if we run a cable mile. It would take a long time to fill that area out there. If we could get that cut down to 50 residents instead of 100 and 50% of the fifty this would be tolerable. 3 \ filii'{ u <.) Mayor Armstrong said that we probably have areas in Florida Shores where the density of the population is maybe 65 to 75% but we have to go ten blocks where there isn't anybody to reach the section where the people live. If it was continuous all the way down we wouldn't have any problem. By the same token if we by franchise, or contract or agreement were talking about Edgewater Acres with 204 homes in one subdivision, 90% occupied so that by this contract they could get the service but in Florida Shores we tell them they have to pay more if they want the cable. Councilman Dietz said he believed it has been proven that the Cable people are in financial straits and they are asking for relief. It is possible we can give this relief so that it will be compatible with the growth of the City of Edgewater. Mayor Armstrong said that they needed a way to say that the TV Cable would not have to build lines now, they could have three years to do it but it still must be done to honor the franchise. We would be borrowing time waiting for additional customers. Tape 2B At the October 10 meeting Councilman Dietz had asked the Cable representative to investigate for the Council the reason for the differences in the programming that is available in terms of the Edgewater-New Smyrana Beach cable and the Daytona Beach-Ormond Beach area. There is a great deal of non-uniformity in the programming that is available and there are basically two explanations. Ormond Beach has the largest number of stations available because they are the oldest cable TV franchise in the area. Between the years of 1968 and 1972 the FCC moved rather agressively in the area of cable TV and enacted various restrictive rules. The restrictions that apply to Edgewater-New Smyrna TV cable do not apply to Ormond Beach. The FCC regulations limiting the stations that we have and the economics of getting a viable outside independent signal into the area are the reasons why our programming package is limited. The Teleprompter Co. does not carry the cinema plus service that is available in the Daytona area. According to the Halifax Cable who carry the service the age demographics of the area have made this service almost a rather unproductive operation. There are more older people in the market area and they have not shown as much interest in the movie service as originally anticipated. Councilman Dietz stated that originally the Cable TV people had said they would televise local sports, meetings, civic events and that this might be a good selling point for customers. The company has never done this and in view of the fact that customers seem to be decreasing the company should be trying to improve service and relieve their financial problems. Mayor Armstrong said that there had to be some advantage to having cable TV to justify the monthly rate, because most people in the area could get most of the stations with a good antenna. Tape 3 There was more discussion as to the type of programming and the need for better management of the company. Councilman Sikes made a motion to instruct the City Attorney to prepare an ordinance extending the present service contract with Teleprompter and waive penalties for 18 months from June 15, 1977. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. NEW BUSINESS Councilman Shell said at 120 W. Pine Bluff there is a ,ver.y bad hole in front of a man's house and the man would like to put in a driveway and this hole - is. very bad and it is on City property' and he woul d 1 i ke to have it made into a regular catch basin. Councilman Shell has seen this hole and he thinks that is what should be done. 4 (.) u Councilman Dietz asked how much this would cost. . Councilman Shell said about $100. Mayor Armstrong said he thought it would cost at least $500. He advised the Council to go and look at it. Councilman Shell said Mr. Copeland had looked at it and also the Chief of Police. It was a dangerous area and should be fixed. Police Chief Baugh said that it should be fixed for safety purposes. Councilman Dietz made a motion to have the work done. Councilman Shell seconded the motion. Councilwoman Webber asked if the owner of the adjoining property would pay for some of the repair since there was a question whether or not the ditch was on City property. Mayor Armstrong did not think it was on City property. Councilman Dietz asked Chief Baugh if it was on City property. Chief Baugh said he did not know, he was not an engineer, but from looking at it it appears that the right of way on both sides of the road would appear to be on City property. It is between the lift station and the road. Councilman Dietz said that he would not want the City.to spend a lot of money to get a surveyor over there. Someone in the audience said the Mayor had made the statement if the City puts a catch basin there it will flood property. Mayor Amstrong corrected this by saying that there had already been pipe put in there by the property owners that doesn't come up to the standards of what Gene Smith said the size should be for mosquito control and one of these days we're going to have a heavy downpour of rain and it will floor the lowest house and somebody is going to get sued. If the City goes in and does the work we're going to be the one's who are sued. Councilman Sikes said there has always been a drainag~ problem in this area but if there is an open hole which is very dangerous it should be fixed. Mayor Armstrong said that it has been there since 1932. Councilwoman Webber again suggested that the Council find out whether the people would be willing to pay their share of the repair. Mayor Armstrong called for a roll call on the motion made by Councilman Dietz to have the hole repaired. Upon roll call the motion CARRIED 4-1 Mayor Armstrong voted NO. Councilman Sikes made a motion to adjourn. Councilman Shell seconded the motion. The meeting was adjourned. ~/U.-I City Cl erk J- t1cY ~~pr~~~ ~~~~.3/ day o~ ~~ /7' r::;-?'Y<r'~~- M OR _ 5 _ Minutes taken by: Sue Blackwell Nancy Blaze ATTEST: ~I