REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 22, 1991 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hare, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Fire Chief Hurley, Mr. Cregar, Mrs. Boaman and Mr. Pepper.
The invocation was given by Reverend Garnes, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
By motion of Mr. VanSant, seconded by Mr. Hare, Council unanimously accepted the agenda.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 8, 1991
The Minutes of the Regular Council Meeting of July 8, 1991 were unanimously approved by motion of Mr. VanSant, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
RESOLUTION - RON SHOMO
By motion of Mr. Lynn, seconded by Mr. Daisey, Council unanimously adopted the following Resolution:
WHEREAS, Ron Shomo has been the Dover High School Band Director for over 26 years, having begun in 1965 with only 28 students enrolled in the band and is now retiring with a marching band of 205 members; and
WHEREAS, having dedicated nearly his entire life to music, Mr. Shomo began playing the piano at the age of six and in addition to teaching music and serving as the Band Director, Mr. Shomo served as Director of the Dover Symphony Orchestra from 1969 to 1989; and
WHEREAS, during the April 1991 Fiesta-Val Competition in Williamsburg, Virginia, the Dover High School Band Music Organization received the highest award - The Grand Champion Award, and Ron Shomo received a Special Distinguished Achievement Award for Directorial Excellence; and
WHEREAS, during the course of his career, Mr. Shomo has inspired many, having helped to build a high self-esteem and confidence in people, young and old, through their achievements in the field of music; and
WHEREAS, in recognition of the retirement of Ron Shomo, a Day of Recognition has been set on Saturday, July 27, 1991, between the hours of 1:00 p.m. and 5:00 p.m. on the practice field at Dover High School and everyone is invited to participate in an afternoon of fun, reunion, honor and remembrance.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council extend their gratitude to Ron Shomo and wish him a happy and healthy retirement.
BE IT FURTHER RESOLVED that the Mayor and Council encourage the citizens of Dover, students, alumni and associates of Ron Shomo to participate in the Ron Shomo Day of Recognition in honor of his contributions to Dover High School, our children, and our community.
ADOPTED: July 22, 1991
In light of the dedication and services of Mr. Shomo which has brought honor and prestige to the City of Dover many times through the Dover High School Band, Mr. VanSant moved to recommend that Mr. Shomo be awarded the City of Dover Bronze Medal. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
As a member of the Dover High School Band Boosters, Mr. Doug VanSant expressed his appreciation to Mayor and Council for their recognition to Mr. Shomo and invited everyone to attend the Ron Shomo Day of Recognition at Dover High School.
RESOLUTION - ACME SITE
By motion of Mr. Lynn, seconded by Mr. Salters, Council unanimously adopted the following Resolution:
WHEREAS, the City of Dover's commitment and effort to revitalize and redevelop its Central Area is a primary goal established by the City Council and its community leaders; and
WHEREAS, the City of Dover has committed substantial resources including staffing and funding and aided in the establishment of the Downtown Dover Development Corporation charged with the task of directing economic development efforts in the Central Area; and
WHEREAS, one of the Downtown Dover Development Corporation's major goals is to foster an atmosphere of stabilization and growth for our mature residential neighborhoods that are a part of the Central Area; and
WHEREAS, the City of Dover in conjunction with the Downtown Dover Development Corporation is committed to enhancing the quality of life in the Central area by maintaining and providing services vital for the survival of a diverse community; and
WHEREAS, it is recognized by the community that once provided, these essential services must be protected and readily accessible; and
WHEREAS, the City of Dover recognizes that the lack of a grocery store is a deterrent to the ability of the Central Area to provide an essential service necessary to promote a thriving and prosperous environment which supports economic vitality and revitalization.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the reestablishment of a grocery store at the former ACME food store site on South Governors Avenue is critical to filling the tremendous void created by ACME relocating outside the Central Area, thereby removing an essential service from all who live and work in the City's Central Area and placing an undue burden on the elderly, the poor and the minority population who reside in this area. The City Council of Dover hereby requests the support and assistance of ACME by immediately lifting its restrictive covenant against a grocery store on the site.
ADOPTED: July 22, 1991
Mr. Salters expounded upon the need for a grocery store in downtown Dover, stating that the citizens from this area should be afforded the privilege of convenient shopping in their own community.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on July 9, 1991 with Mr. Weyandt presiding.
Basic Life Support Contract
City staff interviewed representatives of three private ambulance companies licensed to provide Basic Life Support service in the State of Delaware. The three companies interviewed: 1) Professional Ambulance Service, Inc.; 2) Medical Service Corps, Inc.; and 3) Med Star, Inc., all met the criteria staff requested.
After reviewing information on the three firms, staff recommended that the contract be signed with Med Star, Inc.
Med Star, Inc. offered to provide Basic Life Support service to the City at no subsidy as well as a one year contract with a one year automatic renewal if both parties are satisfied. Their fee structure is based on the allowable charge of insurance carriers for services provided. They have agreed to a flat maximum rate of $150 to Robbins Hose Fire District residents, but will accept the insurance amount paid and not bill the resident for the remainder of the bill.
The committee recommended that staff negotiate a contract with Med Star, Inc. and that they have a unit in place and serving the Robbins Hose Fire District as soon as possible.
Mr. Weyandt moved for approval of the committee's recommendation, stipulating that a unit be in place no later than August 1, 1991. The motion was seconded by Mr. Lynn and carried with Mr. Christiansen voting no.
Mr. Lynn moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. VanSant and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on July 9, 1991 with Chairman Daisey presiding.
Open Space Requirement - Heatherfield East
The committee reviewed a proposal for the open space requirement for Heatherfield East, a development consisting of approximately 15.76 +/- acres located along the northeasterly side of Delaware Route #8. A portion of the tract fronting on Delaware Route 8 consists of 8.79 +/- acres of land zoned R-8 (One Family Residence). The remaining 6.97 +/- acres of land situated behind the Country Club Heights Subdivision is zoned RG-2 (General Residence). The Comprehensive Plan recommends that this area be utilized for low density residential and open space purposes.
A conceptual plan for the land was reviewed by the Planning Commission which accepted the concept and authorized the developer to proceed with the preparation of a preliminary plan. The developer is considering two alternative conceptual plans for this tract and submitted two scenarios for review, as follows:
Conceptual Plan "A", proposes 34 single family lots and 24 duplex lots for a total of 58 units with a subdivision street layout involving three cul-de-sac.
Under this proposal, the main drive would exceed the 400 foot length limitation for dead-end streets set forth within the Subdivision Ordinance, which would require a waiver by Council from this regulation (Utility Committee). This plan also involves the establishment of 370 +/- foot forestry lane which would connect two of the cul-de-sacs. Although the forestry lane would provide improved ingress and egress for emergency vehicle accessibility, it would not be available for general vehicular circulation. This concept also proposes to provide 2.78 +/- acres of Neighborhood Open Space.
Conceptual Plan "B", proposes a loop street system with one short cul-de-sac. This plan proposes 22 single family lots and 38 duplex lots for a total of 60 units. This version proposes to establish 2.38 acres +/- for neighborhood Open Space.
The Recreation Department believes that Concept A represents a better opportunity to develop an active recreation area and the possibility of connecting the proposed open space for this development and the open space provided in the Fox Hall West subdivision which is adjacent to and north of this property.
The Planning Commission recommended acceptance of the following:
1) Permit the developer to continue with Conceptual Plan A. The concept was conditionally approved with the use of forestry lanes to connect the cul-de-sacs and provide for emergency access.
2) Permit the open space shown in the center of the project which totals approximately 1.3 +/- acres to be dedicated neighborhood open space and partially maintained by the City.
3) The remaining acreage of wooded and upland wetland open space would not be dedicated to the City but would remain as private open area for passive recreational purposes for the neighborhood.
4) In order for the developer to make up the difference in the dollar value for the open space dedication, Mr. Robino has agreed to improve the dedicated open space in an amount which would equal the remaining dollar value of the acreage required for open space. (This amount and the nature of the improvement to be determined by the Parks and Recreation Committee).
The committee recommended acceptance of Conceptual Plan A, as recommended by the Planning Commission.
Mr. Daisey moved for acceptance of the committee's recommendation, seconded by Mr. Levitt.
Referring to paragraph 4, Mr. Weyandt objected to approving the recommendation without having the information relative to the amount of money involved and the nature of the improvement.
In view of Mr. Weyandt's objections, Mr. VanSant moved that action on the matter be tabled until the information is available and presented to Council. The motion was seconded by Mr. Weyandt and unanimously carried.
Puncheon Run Connector
City staff informed the committee that the State Department of Transportation will hold a public meeting this fall to discuss all potential alignments (including Puncheon Run Connector), and improvements for the connection of the by-pass of Dover with U.S. Route 113 and U.S. Route 13. During this process, the Department of Transportation will work with all interested parties to discuss traffic issues, alignment and environmental studies prior to the Department reaching a decision on the final design plan and location of the connector. All information regarding the study being performed on the alignments for the by-pass has been made available to members of Council.
Mr. VanSant reiterated objections to the proposed Puncheon Run Connector and moved that Council reaffirm its opposition as stated in a 1986 letter to the Department of Transportation. The motion was seconded by Mr. Hare.
Mr. Daisey voiced concern with the motion, stating that some members of Council are not aware of the contents of the 1986 letter.
Mr. VanSant moved to amend the motion to state, "that City Council go on record as opposing the proposed Puncheon Run Connector", seconded by Mr. Hare. The motion, as amended, was unanimously carried.
Mr. Daisey moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Hare and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on July 9, 1991 with Mr. Daisey serving as Chairman in Mr. Salters absence.
One-Way Streets in Downtown Area - Robbins Hose Company
Fire Chief Hurley of the Robbins Hose Company submitted a letter outlining his request to modify Governors Avenue one-way south and State Street one-way north from Walker Road to Wyoming Avenue, feeling that one-way streets will make response from the fire department safer and faster.
Police Chief Hutchison stated that Mr. Pusey of the State Highway Department, has indicated that as the City continues to grow, a change in traffic flow will be needed in the future to accommodate increased traffic in the downtown area. Chief Hutchison concurred and stated that the traffic flow in downtown Dover does not warrant a change at this time, although changes may be needed in the future.
The committee recommended that the comments and recommendations of Police Chief Hutchison and Fire Chief Hurley be taken into consideration and that Chief Hurley's concerns continue to be reviewed and implemented at such time as Council deems necessary.
Mr. Daisey moved for approval of the committee's recommendation, seconded by Mr. Weyandt and unanimously carried.
Mr. Daisey moved for acceptance of the Safety Advisory Committee, seconded by Mr. Salters and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on July 9, 1991 with Chairman VanSant presiding.
Street Abandonment - Waters Street
The Planning Commission has reviewed the proposal to abandon the platted but unopened street running in a northerly direction from College Road, shown as Waters Street in the College Settlement, and recommended abandonment of the 35 foot wide street. A portion of this street is not in the City limits.
As with similar requests of this type, the Commission's concerns centered around the City retaining an easement for any existing or future utilities within the platted right-of-way proposed for abandonment. No concerns were raised or needs requested by departments or agencies in the Development Advisory Committee (DAC).
The Utility Committee recommended that the street be abandoned as recommended by the Planning Commission.
Noting that the name of the street is similar to a City street known as Water Street, the Utility Committee recommended that staff be authorized to pursue the possibility of changing the name of Waters Street to eliminate confusion for emergency response.
Mr. VanSant moved for acceptance of the committee's recommendation to abandon the street. The motion was seconded by Mr. Lynn and by a roll call vote Council unanimously approved the following Resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN STREET SITUATED IN THE CITY OF DOVER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1.The Council of the City of Dover favors the vacating and abandoning of the following street:
ALL that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a street running north to south, lying on the northerly side of College Road, between College Road and Jason Street and the street parallel to Conwell Street, bounded by Lots 162, 185, 186, and 163 of the College Settlement, being 35 feet wide and approximately 400 feet in length, comprising 14,000 square feet, more or less.
Section 2.The Council of the City of Dover will sit on Monday, August 12, 1991, at 7:30 p.m., in the Council Chambers at City Hall, Dover, Delaware, to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3.The Clerk of Council is hereby directed to post copies of this Resolution in five or more public places in the City of Dover and to publish the same in a local newspaper published in said City.
ADOPTED: July 22, 1991
Mr. VanSant moved that staff be authorized to pursue the possibility of changing the name of the remaining portion of Waters Street, as recommended by the committee. The motion was seconded by Mr. Levitt and unanimously carried.
Request to Waive Maximum Length of Dead-End Street - Heatherfield East
A conceptual plan for Heatherfield East was reviewed by the Planning Commission which accepted the concept and authorized the developer to proceed with the preparation of a Preliminary Plan. Under this proposal, the main drive would exceed the 400 foot length and would require a waiver by Council from this regulation.
The Comprehensive Plan recommends the development of in-fill lands. The City Planner stated his feeling that flexibility will be needed when trying to develop in-fill properties since it will be more difficult to meet the same standards utilized for development in open areas. This type of request may present limitations in regards to Public Works, but he felt that the City may need to compromise in order to develop in-fill lands.
The committee recommended acceptance of waiving the maximum length requirement of the dead-end street in Heatherfield East.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Levitt and unanimously carried.
Water Assessments
As directed by Council, staff reviewed the entire assessment policy to determine if there is a way to modify the policy to deal with situations where assessment amounts are unreasonable. Staff believes that the City's current front foot assessment approach is the best basic method of levying assessments. However, staff also believes that certain circumstances merit some mitigation provided that it can be done without impinging upon the integrity of the City's current assessment method.
If the City were to assess only a pre-set maximum average cost, it would create a maximum front foot cost for both water and sewer main assessments. If circumstances beyond the control of the property owners create an assessment charge which is out of the ordinary, the City would pay a portion of the assessment (which would ultimately be recouped through rates).
Based on recent project costs, Mr. Worley recommended that the water and sewer assessment policy be revised to provide a maximum front foot assessment of $30 per front foot for water mains and $40 per front foot for sewer mains. A formula or multiplier should be included in the policy to insure that the assessments represent typical costs on an annual basis. The negative aspect of this policy is that rates will have to share in the financing of assessment projects. An ordinance would be necessary to accommodate the changes to the policy.
The committee recommended that at the July 23, 1991 committee meeting, staff present a draft ordinance that encompasses the necessary changes to address the views and concerns expressed relative to water/wastewater assessments.
Noting that staff was unable to have the ordinance prepared in time for review at the July 23rd meeting, Mr. VanSant noted that staff will present a draft ordinance that encompasses the necessary changes as soon as possible for review by the committee.
Electric Deposits
Staff was directed to review the current residential electric security deposit requirements because of a concern that the City may not be adequately securing against bad debt loss. The last increase in the electric security deposit occurred in October 1984. The City's residential security deposit policy is $100 for electric heat and $75 for electric only for non-property owners.
In reviewing the City of Dover's electric deposit requirements, 32 electric utility deposit policies were examined. The survey revealed that most utilities do not require a deposit if proper credit references are provided. Of the 32 policies, 13 utilities (including Dover) require deposits.
While security deposits are designed to reduce the expense of bad debt, credit policies can also mitigate bad debt expense. Both Delmarva Power & Light and Delaware Electric Cooperative require credit information before service is rendered. This information is retained in an automated customer service information system. The City of Dover does require similar information from its customers; however, this information is kept manually. The manual system is cumbersome to manage and retrieve, and consequently has never been effective in collecting past due accounts.
Staff recommended that no action be taken. Dover's residential security deposits have not increased since 1984 but neither have electric rates, and Dover's bad debt expense is low when compared to national averages of similar sized utilities. Dover's deposit is comparable to the four other local public utilities with the exception of Smyrna. Dover is currently in the process of automating its customer information system. System implementation is planned in the next 12 months and should assist in reducing bad debt.
The committee recommended no change to the current Electric Security Deposit pending the report on the automation process by staff.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Lynn and unanimously carried.
Bid - Transformers Purchase
The low inventory of Amorphous Core Padmount Transformers dictates the necessity for a transformer purchase. Bids were requested, received and evaluated for (50) 25KVA padmount transformers with Amorphous Core, and (25) 50KVA Padmount Transformers with Amorphous Core. The committee recommended awarding the bid to the low bidder, Hesco Inc. in the amount of $88,650.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote.
Mr. VanSant moved for acceptance of the Utility Committee Report, seconded by Mr. Lynn and unanimously carried.
MONTHLY REPORTS - JUNE 1991
Mr. VanSant moved for approval of the following reports for the month of June, seconded by Mr. Daisey and unanimously carried:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Assessor Report
City Alderman Report
J.P. Court #7 Report
City Manager Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Internal Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Mr. Weyandt called attention to the revenue shortages in the J.P. Court #7 Report, the Alderman Report, and the Assessor's Report.
RECESS
Mr. VanSant moved that Council recess into executive session to discuss legal matters. The motion was seconded by Mr. Weyandt and carried with Council recessing into executive session at 8:45 p.m. and reconvening at 9:05 p.m.
PANDA - LETTER OF INTENT
Mr. VanSant moved that the Letter of Intent between PANDA Energy Corporation and the City of Dover, as drafted and presented to members of Council (and as on file in the Office of the City Clerk), be approved for forwarding to PANDA. The motion was seconded by Mr. Hare.
Stating his intention to vote in opposition to the motion, Mr. Daisey expressed his feeling that the Letter of Intent seems more binding than he is willing to commit to at this time.
On a call for the question on the motion by Mr. Lynn, the motion was approved by a roll call vote of seven (7) yes, two (2) no (Mr. Daisey and Mr. Pitts).
Mr. VanSant moved that staff be authorized to enter into a contract with RMI to manage the negotiations, at a cost not to exceed $70,000. The motion was seconded by Mr. Levitt and carried by a roll call vote of seven (7) yes, two (2) no (Mr. Daisey and Mr. Pitts).
LETTER OF APPRECIATION - PAYMENT IN LIEU OF TAXES - LUTHER TOWERS
City Assessor Lucas informed Council that a payment in lieu of taxes has been received from Luther Towers in the amount of $11,000. Noting that they are tax exempt, Mr. Lucas requested that he be authorized to write a letter to Luther Towers expressing the City's appreciation for their contribution towards the expenses incurred by city residents in providing services to tax exempt properties.
Mr. VanSant stated that over the years Luther Towers has been very responsive to the City in helping to defray the cost of providing services to tax exempt agencies. He requested that Council support a resolution to Luther Towers in expression of the City's appreciation.
Mr. Weyandt moved that the Assessor be authorized to write a letter of appreciation to Luther Towers for their contribution and that a Resolution be drafted for Council approval. The motion was seconded by Mr. Lynn and unanimously carried.
LETTER OF SUPPORT - LUTHER TOWERS APPLICATION FOR ELDERLY HOUSING
Luther Towers has requested the City's support of their application for funds from the U.S. Department of Housing and Urban Development (HUD) to provide subsidized housing to the low and very low income elderly of Delaware. A draft letter of support was submitted by Mayor Richter.
Mr. Weyandt moved for approval of Mayor Richter's letter of support, requesting that City Council's support be included in the letter. The motion was seconded by Mr. Lynn and unanimously carried.
COUNCIL ENDORSEMENT - HUMAN RELATIONS/DECCASA BOARD
Mayor Richter submitted an update (as on file in the Office of the City Clerk) on his recent initiatives concerning human relations in Dover and the expansion of our DECCASA program in this area. Mayor Richter requested Council endorsement of the program as detailed in the update.
Mr. VanSant moved for endorsement as requested, seconded by Mr. Weyandt and unanimously carried.
APPOINTMENTS - DOVER SUBSTANCE ABUSE PREVENTION ADVISORY BOARD
Mayor Richter submitted the following changes to the Community Advisory Board - DECCASA Project:
1. Kenneth Geckle - Replacing Alice Rasmussen
(Wesley College)
2. Dr. Delores Finger Wright - New Appointment
(Delaware State College)
Mr. Weyandt moved for approval of the appointments as submitted, seconded by Mr. Lynn and unanimously carried.
Mr. Weyandt moved to adjourn into Open Forum and then into executive session to discuss legal and personnel matters, seconded by Mr. Hare and unanimously carried.
OPEN FORUM
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.
There was no one present wishing to speak during the Open Forum.
Meeting Adjourned at 9:15 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of July 22, 1991, are hereby approved.
JOHN E. RICHTER
MAYOR
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