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10-04-1978 - Workshop ~ ~ ~ u CITY OF EDGEWATER CITY COUNCIL WORKSHOP October 4, 1978 Mayor Christy called the workshop to order at 6:30 P.M. in the City Clerk's office. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Excused Present Present Present Also Present: Mr. Burnett, Attorney for Teleprompter Mr. Burnett said that the Teleprompter Company has contacted people already on cable regarding a hookup to Home Box office. They are also preparing a direct mailing to people not on the cable~totry and increase the number of subscribers. They will also start a door to door campaign in the near future. There was some discussion about the present location of cable in Edgewater. The Teleprompter Company has agreed to install, free of charge, cable in all City buildings and the Edgewater Elementary School. The Council discussed the proposed ordinance primarily the de~regulation of subscriber fees. Councilman Rotundo asked if Teleprompter wanted to set their own fees. Mr. Burnett said that there were only 2 or 3 franchises in Volusia County that remain under the system of control by the City Councils. New Smyrna Beach and Holly Hill for example still maintain that control and the request has been made that it be deleted from their ordinances. 'The HBO fees are set by the company that Teleprompter purchases this service from. and there is not too much difference between the cable rate for cities that retain control over the fees and cities that do not. The control of rates is a hindrance to the expansion of the system. It is more difficult to get financing for expansion if there is rate control. Councilman Sikes asked if a subscriber felt that they could not afford a rate increase and cancelled the service would there be any refund. Mr. Barnett said he did not believe there was a refund. The Company charges an installation fee not a deposit. Mayor Christy said that the Company was proposing that they would notify the Council 6 days in advance of a rate increase and he believed the Council should have the right to speak on that. Mr. Woods said that he had a copy of New Smyrna Beach Teleprompter ordinance which states that rates may be increased provided that thecfranchisee shall be required to give the City Clerk written notice of said increase not less than 60 days in advance of the effective date thereof and the City Commission shall give public notice and may hold public proceedings in which the franchisee ~ '- ,.. .' ~ ~~ o shall have the right to appear and give evidence. Said proceedings shall not prevent the proposed rate increase from going into effect as scheduled provided that if the:pity Commission establishes rates different from those proposed by the franchisee said different rates shall, on the first day of the month following the date of the City Commission's action be the maximum rate that can be charged until such rates are changed according to the procedures establ'ished therein, Mayor Christy said that he believed that would be a good way to do it, Mr. Burnett said that he believed if the fees were increased unreasonably the loser would be the company, because they will lose so many customers. Councilman Sikes said that he believed that the City should control the rates someway but also if the company is not able to make a sufficient amount of money they will get out of the business. If there is a reasonable request for an increase he does not see why the Council would not agree to it. Mr. Burnett said that the Council should bear in mind that if there is a provision in the ordinance that has rate review by the Council, that it will act to impair the ability of the company to borrow on the system for expansion. Councilman Sikes said that the Company could request a rate increase from the Council at least 60 days prior to any anticipated expansion and the Council should be able to act upon it in that length of time. Mrs. Blackwell said that she did not see any reason not to give them the right to regulate their own rates. If they get too high we can get another franchise since this is not an exclusive franchise. Councilman Rotundo said that if they provided more programming and better service then they would not have a problem if they wanted to raise their rates. Mr. Burnett said that the public had a chance to voice their opinion simply by not using the service if it does not improve or if it becomes too expensive. Councilman Sikes said that if it is a non-exclusive franchise then he is inclined to agree with Mrs, Blackwell, to a point, if this company overcharges then somebody else could come in - There was more discussion about the cities that currently regulate the rates. Councilman Sikes asked if there was any assurance that Teleprompter would not pullout of Edgewater altogether. Mayor Christy said that perhaps we should have something in the ordinance that would assure us they could not pullout of Edgewater and still use the cable to service New Smyrna Beach and cities to the North. The City Attorney said that basically, the company was requesting t~e removal of rate control, the $25,000 Bond and' the right of flrst refusal on fiscal plan, There was a discussion about the marketing techniques of Teleprompter. The Council did not feel that they had sufficiently advertised in Edgewater. The Council also wanted Telepromter to put in lines to City installations. It was the decision of the Council to have the City Attorney review the proposed ordinance and make his recommendation to the Council. The workshop was adjourned. 2