REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 12, 1993 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Hutchison, Mr. Salters and Mr. Hare.
Council staff members present were Chief Smith, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Boaman and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
Mrs. Debbie Parrish - 557 Roberta Avenue
Mrs. Debbie Parrish spoke on behalf of the residents of Schoolview, who are very upset over the lack of buffering between their development and the Tudor Industrial Park. Due to the concerns of the residents, the City of Dover Planning Commission mandated that a privacy fence be installed to buffer the industrial park from the residential neighborhood. The owner has decided to install a fence along the property line which encompasses a deep ditch. If the fence is installed in the ditch area, no more than two feet of the fence would serve to buffer the area, which is inadequate. Mrs. Parrish stated that they have also complained of trash and inadequate drainage stemming from the Tudor Industrial Park.
Council President Christiansen assured Mrs. Parrish that Mr. O'Connor and Mr. DePrima will meet with her in an attempt to resolve this issue.
Mr. Mike Sampere - 565 Roberta Avenue
Mr. Mike Sampere reiterated the concerns relayed by Mrs. Parrish. He explained that the Planning Commission required the installation of a fence to buffer the industrial park from the residential area. The residents feel that Mr. Tudor is circumventing the spirit of the Planning Commission's requirement. The ditch behind Mrs. Parrish's home is over 4' deep and if Mr. Tudor installs the fence along the ditch, the Parrish's will gain only 2' of blockage. Mr. Sampere stated that they have attempted to be good neighbors and resolve the issue without involving City Council but they have not been successful. He requested Council's intervention to mandate that the required 6½' fence be installed along a level line. Mr. Sampere also stated that installation of the fence as proposed by Mr. Tudor would kill a row of trees which was planted by Mr. Sampere (with Mr. Tudor's permission) to help buffer the two properties. Mr. Sampere reiterated that the Schoolview residents are more than willing to work with the City and Mr. Tudor in an attempt to resolve their concerns.
Council President Christiansen relayed that Mr. Sampere and other interested neighbors are invited to participate in a meeting that will be scheduled by Mr. O'Connor and Mr. DePrima.
The Open Forum adjourned at 7:27 p.m. and the official Council Meeting convened at 7:30 p.m.
The invocation was given by Pastor Coon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hare moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 27, 1993
The Minutes of the Regular Council Meeting of September 27, 1993 were unanimously approved by motion of Mr. Lambert, seconded by Mr. Hutchison and bore the written approval of Mayor Knopf.
PRESENTATIONS
Certificate of Achievement for Excellence in Financial Reporting
The Government Finance Officers' Association awarded a Certificate of Achievement for Excellence in Financial Reporting to Mike Karia for the City of Dover's Comprehensive Annual Financial Report for the fiscal year ended June 30, 1992. The Certificate is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management.
The plaque was presented to Mr. Mike Karia, Finance Director/Treasurer. Mr. Karia introduced his staff, Mrs. Rolison and Mr. Cola, stating that their team effort and diligence made the award possible and he relayed his appreciation for their many months of hard work.
Presentations - Dover Arts Council
Council President Christiansen and members of Council presented plaques to Mr. David Skocik, Ms. Marjorie Ressler and Ms. Ginger Angstadt in recognition of their dedicated service as members of the Dover Arts Council.
PROCLAMATIONS
Dover Business Women's Week
The City Clerk read into the record the following Proclamation:
WHEREAS, National Business Women's Week has been observed annually since 1928 to pay tribute to the business and professional women in the United States; and
WHEREAS, the working women in Dover maintain an outstanding record of achievement in bettering the quality of career and community life.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 17 - 23, 1993 as DOVER BUSINESS WOMEN'S WEEK in conjunction with NATIONAL BUSINESS WOMEN'S WEEK.
Breast Cancer Awareness Month
The City Clerk read into the record the following Proclamation:
WHEREAS, the American Cancer Society estimates that in 1993, 600 Delaware women will be diagnosed with breast cancer, and 175 will die from the disease; and
WHEREAS, breast cancer incidence in Delaware is comparable to the national average, death rates from the disease are among the highest in the nation; mortality is increasing, especially among African American women; and
WHEREAS, early detection could have spared as many as one third of those lives and research shows that only 66% of women over the age of fifty in Delaware are getting screening mammograms in accordance with nationally accepted guidelines; and
WHEREAS, in July, Senate Bill 142 was signed into law. This legislation provides mandatory insurance coverage for screening mammography, thereby increasing access to mammography.
NOW, THEREFORE, in recognition of the fact that mammography is the single best method for detecting breast cancer, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, do hereby proclaim OCTOBER 1993, as BREAST CANCER AWARENESS MONTH AND OCTOBER 19th as MAMMOGRAPHY DAY in the City of Dover and encourage all women to become aware that they are at risk and to check with their doctor to see whether they should get a mammogram; and urge each and every resident of Dover to make sure the women they care about participate in this program.
Air Force Appreciation Day
The City Clerk read into the record the following Proclamation:
WHEREAS, the United States Air Force Personnel and Retirees are an integral part of the Dover community; and
WHEREAS, these outstanding citizens have devoted the major portion of their lives to the preservation of our heritage and freedom; and
WHEREAS, Main Street Dover, Inc. and the downtown merchants appreciate the contributions these patriots of Dover have made to the community and will show their appreciation on October 16, 1993.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim that Saturday, October 16, 1993, be known as "AIR FORCE APPRECIATION DAY" in the City of Dover and urge all citizens to honor these members of the community on this day.
Mr. Tom Smith accepted the Proclamation on behalf of Main Street Dover, Inc.
Make a Difference Day
The City Clerk read into the record the following Proclamation:
WHEREAS, the Mayor and Council of the City of Dover recognize the financial impact a natural disaster, such as the terrible flooding along the Mississippi River, could have on a local community; and
WHEREAS, the community of Chelsea, Iowa has been adversely affected by the flooding experienced from the Mississippi River from mid-April through August; and
WHEREAS, USA WEEKEND is sponsoring "Make A Difference Day" -- a day observed nationally to encourage communities to join together in helping others; and
WHEREAS, history has taught us that government alone cannot always provide all the assistance required to repair and rebuild facilities such as pumping stations, recreational ball fields, and streets ruined by a natural disaster.
NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, do hereby proclaim October 23, 1993 as MAKE A DIFFERENCE DAY in the City of Dover, and urge all citizens to donate help to the flood stricken municipality of Chelsea, Iowa.
RESOLUTION - RETIREMENT - JOHN R. GOSCH
By motion of Mr. Lambert, seconded by Mr. Salters, Council unanimously adopted the following Resolution:
WHEREAS, John R. Gosch has been a faithful and valuable employee of the City of Dover Electric Department since May 18, 1969; and
WHEREAS, during his employment with the City of Dover, Mr. Gosch worked at the McKee Run Generating Station as a Control Room Operator, a Relief Operator and a Shift Supervisor; and
WHEREAS, Mr. Gosch has served the City of Dover faithfully and has played a vital role in the City's ability to provide electric service to its many customers; and
WHEREAS, after 25 years of dedicated and loyal service to the City of Dover, Mr. John R. Gosch has chosen to retire.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council wish John R. Gosch a happy and healthy retirement and extend their sincere appreciation for his 25 years of dedicated service to the City of Dover.
ADOPTED: October 12, 1993
Mr. Gosch will be presented with the Resolution, as well as a Dover Cup and City Plaque at a later date.
RESOLUTION - ZETA PHI BETA SORORITY
By motion of Mr. Salters, seconded by Mr. Hare, Council unanimously adopted the following Resolution:
WHEREAS, Zeta Phi Beta Sorority, Incorporated, was founded at Howard University, Washington, D.C. on January 16, 1920, on the ideals of finer womanhood, sisterly love, scholarship and community service; and
WHEREAS, the Sorority in the State of Delaware has Chapters in Dover and Wilmington, including Delaware State University and the University of Delaware and auxiliaries: Zeta Amicae, Archonettes, and Amicettes; and
WHEREAS, these Chapters in Dover and Wilmington are involved in such community activities as awarding scholarships to local high school and college students, tutorial programs, Read-Aloud Delaware, and monitoring the social and physical well-being of children and youths by contributing to Adopt-A-Family, Delaware Adolescent Program (DAPI), summer day camps, cultural arts programs, supplying thanksgiving meals to the needy, and Toys for Tots; and
WHEREAS, Zeta Phi Beta Sorority in the State of Delaware is hosting the forty-fifth Atlantic Region Leadership Conference.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover acknowledge Zeta Phi Beta Sorority Chapters in Dover and Zeta Amicae of Dover for the role they have played in fostering community service.
BE IT FURTHER RESOLVED that the Mayor and Council extend their best wishes to Zeta Phi Beta Sorority, Atlantic Region, for a successful leadership conference.
ADOPTED: October 12, 1993
The Resolution was presented to Mrs. Althea Armstrong, on behalf of the Regional and State Directors of the Zeta Phi Beta Sorority. She expressed her sincere appreciation for the recognition and good wishes and stated that the Zeta Phi Beta Sorority will continue their efforts in their state and regional areas.
SALE OF WATER AND SEWER BONDS 1993 - SERIES A - RESOLUTION
Council adopted a resolution on August 9, 1993 authorizing the sale of Water and Sewer Revenue Bonds. The bonds were sold through competitive bids and the lowest bid was received from Dean Witter Reynolds, Inc. at a true interest cost of 4.9596 and a discount of $58,419. The proposed resolution provides the details of the bond issue. The closing is scheduled for October 14, 1993.
By motion of Mr. Hare, seconded by Mr. Lambert, Council adopted the following Resolution by a roll call vote of eight (8) yes, one (1) abstention (Mr. Leary):
RESOLUTION RATIFYING AND CONFIRMING SALE OF THE CITY OF DOVER, DELAWARE $4,595,000 WATER AND SEWER REVENUE BONDS 1993 (SERIES A) AND RELATED MATTERS
WHEREAS, The City of Dover (the "City") is authorized pursuant to Chapter 111, Volume 52, Laws of Delaware, as amended, and the City Charter, Chapter 158, Volume 36, Laws of Delaware, as amended (the "Enabling Acts") to issue revenue bonds for the purpose of financing and refinancing improvements to its water and sewer system;
WHEREAS, pursuant to the Enabling Acts, the City Council (the "Council") adopted a Resolution on February 27, 1989, (the "Original Resolution") and pursuant to the Original Resolution, by Resolution adopted on August 9, 1993 (the Original Resolution as therein and herein supplemented is hereinafter referred to as the "Bond Resolution"), Council authorized the Mayor to cause the issuance of up to $4,596,000 of Water and Sewer Revenue Bonds (the "1993 (Series A) Bonds") to finance certain water and waste water capital projects.
WHEREAS, the Council desires to ratify certain actions taken by the Mayor and City Treasurer with respect to the 1993 (Series A) Bonds;
NOW THEREFORE, the Council hereby resolves as follows:
1. Defined Terms. All defined terms used herein, identified by initial capital letters and not otherwise defined herein, shall have the meanings assigned to them in the Original Resolution.
2. Authorization of 1993 (Series A) Bonds. The Council hereby ratifies and affirms the actions taken by the Mayor and City Treasurer to cause the issuance of $4,595,000 aggregate principal amount of Bonds to be designated "The City of Dover Water and Sewer Revenue Bonds, 1993 (Series A)" on the terms and subject to the conditions hereinafter set forth.
3. Payment and other Terms of Bonds; Form of Bonds.
(a) Maturities, Interest Rates. The 1993 (Series A) Bonds shall be issued in denominations of $5,000 or integral multiples thereof, shall be dated September 15, 1993, and interest will be payable on each January 1 and July 1, commencing January 1, 1994, all as set forth on Schedule 1 appended hereto.
(b) Form of Bonds. The 1993 (Series A) Bonds and the form for ordinary registration and transfer to appear thereon are to be substantially in the form set forth in the August 9, 1993 Resolution with necessary or appropriate variations, omissions and insertions as permitted or required by the Bond Resolution.
4. Optional Redemption Provisions.
The 1993 (Series A) Bonds maturing on or after July 1, 2004 shall be subject to redemption, at the option of the City, in whole or in part, in any order of maturity selected by the City, at any time and from time to time on or after July 1, 2003 at the following redemption prices, expressed as percentages of the principal amount of each Bond or portion thereof to be redeemed, plus accrued interest to the redemption date, during the following respective periods:
Redemption Periods Redemption
(Both Dates Inclusive) Price
July 1, 2003 through June 30, 2004 102%
July 1, 2004 through June 30, 2005 101
July 1, 2005 and thereafter 100
If less than all of the 1993 (Series A) Bonds of any one maturity shall be called for redemption, the particular 1993 (Series A) Bonds to be redeemed shall be selected by lot by the Trustee in such manner as the Trustee in its discretion may determine.
5. Book-Entry Form of Issue. The 1993 (Series A) Bonds shall be issued in book entry form subject to the terms and conditions of a Letter of Representations to the Depository Trust Company ("DTC") substantially in the form of Exhibit A hereto. Notwithstanding anything to the contrary in the Bond Resolution, DTC and its participants, and the beneficial owners of the 1993 (Series A) Bonds by their acceptance of the 1993 (Series A) Bonds, have agreed that the City shall not have any liability for the failure of DTC to perform its obligations as set forth in this Resolution or in the "Rules" or "Procedures" of DTC; nor shall the City be liable for the failure of any participant to perform any obligation the participants may incur to a beneficial owner of any Bond.
6. Creation of Funds and Accounts; Deposit of Bond Proceeds. The City shall establish the following funds and accounts with respect to the 1993 (Series A) Bonds and shall deposit the proceeds of the 1993 (Series A) Bonds into said funds and accounts as follows:
(a) Accrued Interest; Redemption Fund. The City shall establish a sub-account within the Redemption Fund, to be called the "Redemption Account - 1993 (Series A) Bonds". The City shall deposit in the Redemption Account - 1993 (Series A) Bonds $17,060.76 from the proceeds of the 1993 (Series A) Bonds, the accrued interest on the 1993 (Series A) Bonds to be applied to pay interest thereon on January 1, 1994. To provide for substantially equal monthly funding of the interest on the 1993 (Series A) Bonds on January 1, 1994, the amount deposited in the Redemption Account - 1993 (Series A) Bonds with respect to such interest on each of October 15, November 15 and December 15, 1993 shall be one-third of such interest then due after taking into account other funds already on deposit therein for such purpose.
(b) Debt Service Reserve; Reserve Account. The City shall establish a sub-account within the Reserve Account, to be called the "Reserve Account - 1993 (Series A) Bonds" and shall deposit therein an amount sufficient to bring the total amount on deposit in the Reserve Account up to the Maximum Annual Debt Service on all Bonds outstanding under the Bond Resolution.
(c) Construction Fund; The City shall establish a account to be called the "Construction Fund - 1993 (Series A) Bonds" and shall deposit therein the balance of the Bond proceeds to be applied to pay costs of the 1993 Projects, and the costs of issuing the 1993 (Series A) Bonds.
7. Preliminary Official Statement and Official Statement. The Council hereby ratifies the use of the Preliminary Official Statement dated September 10, 1993 and the final Official Statement dated September 21, 1993, copies of which have been presented to this meeting, and their distribution to prospective purchasers.
The Council hereby ratifies the actions taken by the Mayor and City Treasurer in executing the Official Statement in the name of The City of Dover, supervising its distribution to the Underwriters, to municipal securities information repositories and to potential purchasers and in making changes from the Preliminary Official Statement to the date of delivery to make the information contained therein not contain any untrue statement of a material fact or omit to state a material fact necessary to make any statement therein, in light of the circumstances under which it was made, not misleading.
Sale of the 1993 (Series A) Bonds. The Council hereby ratifies the form of the Notice of Sale which was published in the News Journal in Wilmington, Delaware, in the Bond Buyer in New York, New York and in the Delaware State News in Dover, Delaware on September 13, 1993 and the form of the Amendment which was transmitted by Munifacts wire on September 16, 1993.
Pursuant to the Notice of Sale, the Mayor and City Treasurer received four bids on September 21, 1993 which were publicly opened, read and considered with the bid from Dean Witter Reynolds Inc. being the bid with the lowest true interest cost as confirmed by Consolidated Financial Management, Inc., the City's Financial Advisor.
The Council hereby approves and ratifies the actions of the Mayor and the City Treasurer in awarding the sale of the 1993 (Series A) Bonds to Dean Witter Reynolds Inc.
8. Future Actions. The Mayor, Finance Director, Clerk of Council and other City officials are authorized and directed to take all actions necessary to issue the 1993 (Series A) Bonds and carry out the terms and the purposes of this Resolution, including the making of any elections and the filing of any reports with the Internal Revenue Service, and the delivery of necessary closing documents and certificates.
The Clerk of Council shall maintain an official transcript of the proceedings relating to the sale of the 1993 (Series A) Bonds including copies of the Preliminary Official Statement and Official Statement.
9. Effective Date. This Resolution shall be effective immediately upon its adoption according to law.
APPROVED by the Council of The City of Dover the ___ day of _________, 1993
City Clerk
The City of Dover
APPROVED by the Mayor of The City of Dover the ___ day of __________, 1993.
SCHEDULE 1
The City of Dover, Delaware
$4,595,000 Water and Sewer Revenue Bonds
1993 (Series A)
Maturity Principal Interest
Date Amount Rate
1995 $145,000 3.00%
1996 150,000 3.30
1997 155,000 3.60
1998 160,000 3.80
1999 170,000 4.00
2000 175,000 4.00
2001 185,000 4.20
2002 195,000 4.375
2003 205,000 4.40
2004 210,000 4.50
2005 225,000 4.625
2006 235,000 4.75
2007 245,000 4.875
2008 260,000 4.90
2009 275,000 5.00
2010 290,000 5.00
2011 305,000 5.10
2012 320,000 5.10
2013 335,000 5.20
2014 355,000 5.20
PA&C-107233
EXHIBIT A
Letter of Representations to The Depository Trust Company
ADOPTED: October 12, 1993
RESOLUTION - REGULATION OF CERTAIN CABLE RATES
On September 1, 1993, the City filed the appropriate form to secure rate control authority. The City can control the rates for basic cable service, related equipment installation and related service charges. The legal process requires the City to adopt regulations for this purpose, which are provided in the Federal Communication Commission (FCC) documents. The City can adopt the regulations by reference through adoption of a resolution. The proposed resolution adopts the FCC regulations and authorizes the Finance Director/Treasurer to sign and file the required documents with the FCC.
Mr. Lambert requested the addition of the words "and customer service regulations" after the words "Basic Service Rates and Charges".
By motion of Mr. Lambert, seconded by Mr. Salters, Council adopted the following Resolution by a unanimous roll call vote:
A RESOLUTION TO PROVIDE FOR THE REGULATION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF DOVER
WHEREAS, on October 5, 1992, Congress enacted the Cable Television consumer Protection and Competition Act of 1992 which, among other things, provided that the basic service tier rates, and the charges for related equipment, installation and services, of a cable television system (hereinafter, "Basic Service Rates and Charges") shall be subject to regulation by a franchising authority in accordance with regulations prescribed by the Federal Communications Commission (hereinafter the "FCC"); and
WHEREAS, on April 1, 1993, the FCC prescribed such regulations in the Report and Order, In the Matter of Implementation of Sections of Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket 92-266, FCC 93-177 (released May 3, 1993) (hereinafter the "FCC Rate Regulations"); and
WHEREAS, the City of Dover (hereinafter, the "City") is a franchising authority with the legal authority to adopt, and the personnel to administer, regulations with respect to the Basic Service Rates and Charges of any cable television system operating in the City, including, without limitation, the system currently being operated by ComCast Corporation, (hereinafter "the Company") pursuant to the 1975 franchise agreement as amended, (hereinafter the "Franchise