REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 27, 1990 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hall, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez. Fire Chief Whitham was absent.
The invocation was given by Councilman Hall, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Noting the receipt of a letter from Mr. & Mrs. Robert Faries requesting that their request for annexation be withdrawn, Mr. Weyandt moved for acceptance and that this item (#9 c-1) be deleted from the agenda. The motion was seconded by Mr. VanSant and unanimously carried.
Mr. Worley requested the addition of an executive session to discuss legal matters.
Mr. Lynn moved for acceptance of the agenda as amended, seconded by Mr. Daisey and unanimously carried.
PRESENTATIONS - RESOLUTION AND MEDAL
By motion of Mr. VanSant, seconded by Mr. Lynn, Council unanimously adopted the following Resolution:
WHEREAS, on March 31, 1990 a near tragedy occurred when two vehicles collided with one of the vehicles becoming fully engulfed in flames; and
WHEREAS, Mr. Denis Tremblay, a passenger in the other vehicle, and Mr. Charles Dailey, an uninvolved bystander, bravely rushed to the burning vehicle to save the passenger who was trapped inside; and
WHEREAS, together, the two men grabbed the passenger and pulled his burning body out the window and through a mud puddle to extinguish the fire.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council recognize that Mr. Tremblay and Mr. Dailey risked their own lives to save the life of a fellow man, jeopardizing themselves by entering a burning vehicle that could have exploded at any time.
2. The brave and quick response of these men averted what could have been a tragic loss to family, friends, and community and deserves special recognition.
3. In recognition of their heroic act, the Mayor and Council award Mr. Denis Tremblay and Mr. Dailey the City of Dover Bronze Medal for Valor, and direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of their gratitude.
ADOPTED: August 27, 1990
Mayor Richter and Council President Christiansen presented the Resolution and the City of Dover Bronze Medal of Valor to Mr. Denis Tremblay and Mr. Charles Dailey.
RESOLUTION - 13 YEAR OLD ALL STARS
By motion of Mr. VanSant, seconded by Mr. Lynn, Council unanimously adopted the following Resolution:
WHEREAS, the Dover Little League 13 Year Old All Stars recently traveled to Bennington, Vermont to participate in the Eastern Regional Tournament where they placed second; and
WHEREAS, before being eligible to participate in the Eastern Regional Tournament, the Dover Little League 13 Year Old All Stars won the titles of Kent County Champions, District I Champions, Delaware State Champions, and the Middle Atlantic Champions; and
WHEREAS, to really excel in any one sport, a young person must demonstrate, in addition to a great deal of natural ability, an outstanding spirit of dedication, enthusiasm, and hard work.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That the Mayor and Council are very proud of the Dover Little League 13 Year Old All Stars and extend their congratulations to the following team members for their hard work and accomplishments during the 1990 season:
Chris Ridgeway John Leggett
Johnny Lee Gordon Ridgeway
Daniel Gordon Mike Crump
Mike Brown Stacey Trice
B. Jason Miller Aven Purnell
Shaun Samuel Jimmy Ostertag
Lance Poore Randy Johnson
2. Congratulations are also extended to Team Coach - Leroy Poore, Team Manager - Fred Willey, League President - Dale Waite, and to the fans that accompanied the team to Vermont in expression of their faithful support.
ADOPTED: August 27, 1990
Mr. Dale Waite, President of the Dover Little League, expressed his appreciation to the City of Dover for the many years of support given to the Dover Little League.
RESOLUTION - BRUNSWICK DOVERAMA
By motion of Mr. Lynn, seconded by Mr. Hall, Council unanimously adopted the following Resolution:
WHEREAS, the Mayor and Council of the City of Dover recognize that positive leisure experiences are vital to good physical and mental health enhancing the quality of life for all individuals; and
WHEREAS, the Brunswick Doverama Bowling Lanes has made a commitment to provide a comprehensive bowling program for underprivileged youth, enhancing their overall wellness and expanding their opportunities; and
WHEREAS, participation in a structured recreational activity such as bowling can help combat the problems of juvenile delinquency, drug abuse, and general depression by highlighting a new avenue of interest.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That the Mayor and Council recognize Ace Elliott, Debbie Wicks, and the entire staff of the Brunswick Doverama for their contributions and concern for the underprivileged youth in our community.
ADOPTED: August 27, 1990
Mayor Richter presented the Resolution to Ace Elliott on behalf of the Brunswick Doverama, expressing his appreciation for their contributions to our community.
PROCLAMATION - MAYOR'S SALUTE TO STUDENTS DAY
The City Clerk read into the record the following Proclamation, issued by Mayor Richter:
WHEREAS, the need for well-educated citizens grows more pronounced as society in general and the work world in particular become more complex; and
WHEREAS, the citizens and leaders of our community recognize the importance of our local students and salute their efforts and commitment to obtaining an education which will enable them to be the most they can be; and
WHEREAS, it is fitting and appropriate that the citizens of Dover recognize the educational institution is vital contribution to the area by providing outstanding education to our young people; and
WHEREAS, in honor of our students, public attention will focus upon the importance of an education and the commitment made by every school student; and
WHEREAS, invitations have been extended to all schools in Delaware encouraging their participation in "The Mayor's Salute to Students Day"; and
WHEREAS, several schools will participate in the event by representation of bands and student groups, fire departments will participate with fire trucks, and police agencies plan participation with cars, motorcycles and mounted patrols.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DO HEREBY PROCLAIM SEPTEMBER 8, 1990 AS
"THE MAYOR'S SALUTE TO STUDENTS DAY"
and urge all citizens to join me in saluting our students for their efforts in obtaining the best education possible and their commitment for excellence on behalf of their community, their families, and themselves.
Council President Christiansen urged support of this worthwhile project.
PRESENTATION - U.S. CENSUS BUREAU
Ms. Sally Singles, District Office Supervisor, and Mr. Ron Storey, Community Awareness Specialist, were present representing the U.S. Census Bureau. Ms. Singles and Mr. Storey thanked the City of Dover, and its citizens for their assistance during the 1990 Census.
It was noted that the preliminary census data is complete and the City of Dover's population has increased from the 1980 census count. Final counts are being completed and persons that did not participate were urged to contact the City of Dover or the U.S. Census Bureau.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 13, 1990
The Minutes of the Regular Council Meeting of August 13, 1990 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Salters and bore the written approval of Mayor Richter.
FIRST READING - SECTION 15-97 OF DOVER CODE - MOTORBOATS AND JET SKIS ON SILVER LAKE
During the Council Meeting of August 13, 1990, Mayor and Council approved staff's recommendation that Section 15-97 of the Dover Code be amended to permit inboard motors. The City Solicitor has drafted the proposed amendment and submitted a draft for Council consideration.
The City Clerk synopsized the ordinance, stating that only outboard motorboats are regulated under the prior ordinance. Modern advances in the boating field have made these terms obsolete, so that the ordinance needs to be amended to regulate motor boats as an all inclusive term, including any boat with any type of motor attached to the boat or in the boat, providing it does not exceed 115 horsepower. Although a policy was followed to prohibit the use of jet skis, the present ordinance did not regulate jet skis and similar devices. This amendment would prohibit the use of these devices on Silver Lake.
This constitutes the first reading of the proposed ordinance, with the final reading and Council action to take place during the Council Meeting of September 10, 1990.
Mr. VanSant moved for acknowledgment of the first reading of the proposed ordinance, seconded by Mr. Daisey and unanimously carried.
FINAL READING - SECTION 2-193 OF THE CITY CODE
The City Clerk relayed that Section 2-193 of the General Employee Pension Plan prohibits a person who is receiving pension benefits from continuing to draw those benefits if he is re-employed by the City in any position where he receives remuneration. This would mean that a retired employee would lose his pension while he is serving as Mayor, councilman, or to an appointed position with the City of Dover for which he would receive reimbursement of expenses. This amendment would allow a retired employee to serve in these capacities without losing his pension benefits.
The first reading of this amendment was accomplished during the Council Meeting of August 13, 1990. No changes have been made to the amendment since the first reading. Unless altered by Council, this amendment will become effective upon its adoption.
Mr. VanSant moved for approval of the amendment to Section 2-193, seconded by Mr. Lynn. By a unanimous roll call vote, Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Code is amended by adding the following sentence to Sec. 2-193 as the last sentence in this paragraph:
The provisions of this Section shall not apply to any employee who receives remuneration as a result of being elected or appointed to an elective or appointed office in the City of Dover.
ADOPTED: August 27, 1990
FINAL READING - SECTION 3 OF THE CITY CHARTER
The proposed ordinance requests the General Assembly to Amend Section 3 of the City Charter that permits the City to establish a Civilian Pension Plan which has been established and is in operation. It is provided in the Charter that this Plan is entirely voluntary on the part of any employee of the City of Dover as far as participation is concerned. The Pension Board of Trustees for the Civilian Plan have determined that the Plan will be better served by making participation by all new employees mandatory. Therefore, this ordinance requests that the General Assembly approve an amendment to the Charter to make participation in the Plan by all new employees mandatory.
The first reading of this amendment was accomplished during the Council Meeting of August 13, 1990. No changes have been made to the amendment since the first reading. Upon approval of the Charter amendment by the General Assembly, an amendment to Section 2-179 of the City Code (which relates to Section 3 of the Charter) will be submitted to Council for action.
Mr. VanSant moved for approval of the following ordinance, seconded by Mr. Lynn and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the General Assembly of the State of Delaware be asked to amend the Charter of the City of Dover Sec. 3, the second paragraph, last sentence, by striking the last sentence which reads as follows:
The participation in any plan adopted shall be entirely voluntary on the part of any employee at all times.
and by inserting the following sentence:
The participation in any plan adopted shall be deemed to be mandatory by the City of Dover and made a condition of employment and continuing employment.
ADOPTED: August 27, 1990
FINAL READING - SECTION 2-70 - COMPENSATION - MAYOR AND COUNCIL PRESIDENT
This ordinance amends Sec. 2-70 of the City Code by amending paragraph one and by adding a new paragraph nine.
The City Clerk explained that since the Mayor no longer presides over Regular Council meetings, this amendment provides for reimbursement of expenses to the Mayor of $2,800 annually, to be paid on a quarterly basis. It provides for the Council President to receive per them reimbursement of expenses, to be paid quarterly, at the rate of $90 per regular or special Council meeting attended.
The first reading of this amendment was accomplished during the Council Meeting of August 13, 1990. No changes have been made to the amendment since the first reading. Unless altered by Council, this amendment will become effective upon its adoption.
Mr. Salters moved for approval of the following ordinance, seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Christiansen abstaining).
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the Dover Code is hereby amended by striking Sec. 2-70(l) in its entirety and adding a new Subsection (1) to read as follows and also by adding a new Subsection (9) to this section to read as hereinafter stated:
(1)For the Mayor for reimbursement for expenses incurred in carrying out his administrative responsibilities and presiding over the Annual Council Meeting, Quarterly Open Town Meetings, and other meetings, the sum of Two Thousand Eight Hundred Dollars ($2,800.00) annually to be paid on a quarterly basis.
(9)For the Council President for per them reimbursement for expenses to be paid quarterly for preparation and attendance at each regular or special meeting of City Council - Ninety Dollars ($90.00).
ADOPTED: August 27, 1990
Referring to the effective date of the ordinance, Mr. Christiansen suggested that the ordinance be retroactive to May 1990, when the Mayor ceased to chair Council Meetings.
Noting that Mayor Richter would receive no reimbursement of expenses for the first quarter if the ordinance were not retroactive, Mr. Lynn moved that the ordinance be retroactive to the Annual Meeting of May 14, 1990, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Christiansen abstaining).
FINAL READING - SECTION 9 OF THE CITY CHARTER - ABSENCE OF COUNCIL PRESIDENT
This ordinance requests the General Assembly to amend Section 9 of the City Charter. The City Clerk explained that currently, the Charter does not provide for the replacement of Council President in the event of his inability to serve. This ordinance requests that the General Assembly approve an amendment to the Charter that would temporarily replace the Council President with the senior member of Council in terms of length of service.
The first reading of this amendment was accomplished during the Council Meeting of August 13, 1990. No changes have been made to the amendment since the first reading. This amendment would become effective upon its approval by the General Assembly.
Mr. Lynn moved for approval of the following ordinance, seconded by Mr. Daisey and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, THAT COUNCIL RECOMMENDS THAT THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE AMEND THE CHARTER AS FOLLOWS:
Sec. 9 of the Charter is amended by adding a new paragraph after the third paragraph thereof to read as follows;
In the event of absence of the Council President, then the senior member of Council in terms of length of service as a Councilman shall assume the duties of the Council President and shall be designated Council President Acting. In the event that two or more members of Council have the same seniority in terms of length of service as a Councilman, then the members of Council shall vote and elect one of those as Council President Acting. Council President Acting shall fulfill all of the duties and responsibilities of Council President during his period of unavailability or absence.
ADOPTED: August 27, 1990
Mr. Christiansen noted that until this amendment is approved by the General Assembly, there are no provisions for a replacement in the event of his absence. For the sake of continuity in City government, he requested that Council approve a motion to implement the intent of the proposed Charter change to be effective immediately.
Mr. Salters moved to implement the intent of the proposed Charter change effective immediately, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
MONTHLY REPORTS - JULY
Mr. VanSant moved for approval of the July monthly reports as follows, seconded by Mr. Weyandt 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
UTILITY COMMITTEE REPORT
The Utility Committee met on August 14, 1990 with Chairman VanSant presiding.
Noting that the Utility Committee took no action on the following items, Mr. VanSant moved that they be approved as noted in the Utility Committee minutes. The motion was seconded by Mr. Lynn and unanimously carried:
David Bowen - 511 N. West Street - Sidewalk Replacement
Mr. David Bowen, 511 N. West Street, submitted a letter appealing the requirement to replace sidewalk recently installed as a part of the City sidewalk program.
As a homeowner, Mr. Bowen installed the new sidewalk himself. Once the sidewalk was completed, a final inspection was conducted and staff determined that the sidewalk did not conform to City specifications due to saw cut joints. Mr. Bowen does not agree with the inspection results and requested to have the sidewalk reevaluated. Further review of the situation presented an alternative to rectify the problem, by cutting grooves at the joints to reduce the possibility of chipping of the edges. Staff is working with Mr. Bowen to modify the existing sawcuts to alleviate possible chipping and cracking of the edges.
Bid - Contracting for Gas as a Fuel Source
During a previous meeting, the committee requested that staff investigate the possibility of contracting for future guaranteed gas supply and delivery. The following results have been determined:
A)Interruptible supply is less expensive, and compatible with peak load applications like ours. This supply does not use direct purchase from the wells.
B)Chesapeake has not been able to deliver all the gas we could have burned recently. This means that we should wait until their system is reinforced before we seriously consider Well Head purchases. Staff will consider these purchases for future plants.
Mr. Worley advised members that the gas purchase agreement with Eastern Shore has been signed.
The committee took no further action.
Fuel Adjustment - Oral Report
Mr. French provided committee members with a graph depicting the daily fuel oil prices for January 1, 1990 through August 14, 1990. As a result of the recent Middle East crises, the price of fuel oil suddenly increased. Mr. Worley noted, however, that the fuel oil price in January was much higher than the current price. Since the current price is below staff is projection, staff recommended that no change be made to the fuel adjustment at this time.
Mr. Worley stated that although President Bush has not placed a moratorium on price increases for bulk fuel oil, he has requested that prices be maintained.
The committee took no further action. Mr. VanSant reported that the City Manager will update Council on this matter later in the evening.
Mr. VanSant continued to present the remaining portions of the report, that require Council action, as follows:
Sidewalk Appeal - George Records - 111 Walker Road
The committee considered a letter from Mr. and Mrs. George Records, 111 Walker Road, concerning the recent installation of sidewalks in front of their property. Mrs. Records requested relief for the cost of the concrete driveway. She indicated that her driveway was in good condition and was not in need of repairs.
Mrs. Records left a note with the Public Works Department advising of her choice of the $2.70 per square feet charge for sidewalk, with the exclusion of the driveway entrance. Staff interpreted this note to mean that it was recognized that the cost of the driveway would be different, since it requires six inch concrete rather than four inch concrete, at a cost of $3.50 per square foot. It is the City's policy to replace the sidewalk portion of driveways that are asphalt with concrete for aesthetic reasons as well as durability.
Mrs. Records informed the committee that her driveway was "tar and chip". Feeling that the driveway was more than adequate, it was her opinion that she should not be responsible for the costs to replace that portion of the driveway. She advised members that the church has a driveway with no through sidewalk.
Staff advised that the driveway to the church is the size of a street and that the City allows streets to be asphalt. The City permits asphalt in driveways to commercial establishments but concrete is required in residential areas.
The committee recommended that the appeal be denied.
Mr. VanSant moved for approval of the committee's recommendation to deny the appeal, seconded by Mr. Lynn and carried (with Mr. Christiansen voting no).
Request to Close Access Road Between Woodmill Village and Deerfield
During their meeting of July 10, 1990, the committee tabled action on a petition to close the access road between the development of Woodmill Village and Deerfield, pending a recommendation from the Planning Commission. The committee also requested that staff research citizen input and rezoning concerns, which took place during a public hearing held by the Planning Commission in 1988.
The Planning office provided the committee with researched information regarding the Woodmill and Deerfield Subdivisions. In 1987, the Planning Commission reviewed the conceptual plan for Deerfield subdivision and directed the developers to design Deerfield with Woodmill Drive to traverse through Deerfield and connect with Mifflin Road. The Commission cited the need to provide the connection to serve as a "relief-valve" for traffic leaving the residential communities south and west and to provide a secondary ingress and egress for emergency apparatus. During their meeting of July 16, 1990, the Planning Commission recommended that the right-of-way of Woodmill Drive remain open.
Mr. Robert O'Hara, 1409 S. Farmview Drive - Woodmill Village, addressed the committee on behalf of the residents who signed the petition. He stated that residents have observed vehicles exceeding the 25 mph speed limit and are concerned for the safety of small children. Mr. O'Hara advised members that the residents have offered to pay additional taxes, possibly through a bond issue, to supplement the costs involved needed to close the road. As an alternative, residents also suggested that through traffic be prohibited by making the road “one-way”.
The committee recommended denial of the request to close the access road between Woodmill Village and Deerfield and to authorize the City Manager to meet with residents to formulate recommendations to be presented to the Safety Advisory Committee.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Salters and unanimously carried.
Request for Annexation - 1117 S. Bradford Street - Earl Abbott
The committee considered a request for annexation for 1117 S. Bradford Street, owned by Earl Abbott. The property is located in an island of non-city land inside the city limits. Staff polled the surrounding property owners on their interest in annexation and provided a map indicating the results of the poll and the present boundaries of the city. Property #15, adjacent to the Abbott property (#14), has indicated interest in annexation. Properties #12, #13, #17, #40, and #41 are opposed to annexation, and no response was received from property #16.
Since the annexation will be reducing an island, staff recommended that three simultaneous annexation referendums be held as follows: 1) for the Abbott property and property #15; 2) for all properties fronting on Bradford Street (#12, #13, #14, and #15); and 3) for the entire island.
The committee recommended approval of staff is recommendation to hold three simultaneous annexation referendums.
Mr. VanSant moved that three simultaneous annexation referendums be held as follows: 1) for the Abbott property and property #15; 2) for all properties fronting on Bradford Street (#12, #13, #14, and #15); and 3) for the entire island. The motion was seconded by Mr. Weyandt.
Mr. Lynn objected to holding three simultaneous referendums, feeling that the grouped parcels should be considered exclusively rather than adding group one to group two for referendum #2 and adding groups one and two to group three for referendum #3.
Mr. VanSant stated that Council has taken the stand that they do not wish to annex properties owned by persons not wishing to be annexed. The three simultaneous referendums was an effort by the committee to respond to the property owners requesting annexation and to provide the opportunity to adjacent properties owners, without forcing annexation on anyone.
On a call for the question on the motion to hold the three simultaneous referendums, Council adopted the following resolution by a roll call vote of eight (8) yes, one (1) no (Mr. Lynn):
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, within a zoning classification of R-8 for Referendums #1 & #2, and R-8 & C2-A for Referendum #3, as recommended by the City of Dover Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a special election be held for the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein:
Referendum #1
All that certain lot, piece or parcel of land being bounded on the west by Bradford Street, on the north by Lot 12 of South Dover Acres, said subdivision being recorded in the Kent County Recorder of Deeds Office in Plat Book 1, page 40, on the east by Lots 5 and 6 of South Dover Acres, and on the south by lands of G.A.R., Inc.; said lands being lots 13, 14, and 15 of South Dover Acres, consisting of 24,975 square feet.
Referendum #2
All that certain lot, piece or parcel of land with frontage on South Bradford Street, being bounded on the west by South Bradford Street, on the north by land of Delmarva Rural Ministries, Inc. , on the east by a portion of lands of Joseph and John Damico, and lots 4, 5, and 6 of South Dover Acres, said subdivision being recorded in the Kent county Recorder of Deeds Office in Plat Book 1, Page 40, and on the south by lands of G.A.R., Inc.; said lands being lots 10, 11, 12, 13, 14, and 15 of South Dover Acres, consisting of 47,475 square feet.
Referendum #3
All that certain lot piece or parcel of land being bounded on the west by South Bradford Street, on the north by lands of Delmarva Rural Ministries, Inc. and Joseph and John Damico, on the east by South State Street, and on the south by land of Robert and Gertrude Moore and G.A.R., Inc., and being lots 4, 5, 6, 10, 11, 12, 13, 14, and 15 of South Dover Acres, said subdivision being recorded in the Kent County Recorder of Deeds office in Plat Book 1, Page 40, and also including lands of William and Hazel Hutchins and lands of Stephen and Frances Reiter, said lands consisting of 105,152 square feet.
2. That the election be held on the lst day of October, 1990 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED: August 27, 1990
Sidewalk Appeal - Hazel Cohee - 511 William Street
The committee considered a letter from Ms. Hazel Cohee, 511 William Street, appealing the charges for the sidewalk repairs in front of her property. In inspecting the sidewalk, it is her opinion that the new sidewalk is of inferior material.
The appeal deadline for the 1989 Sidewalk Assessments was March 20, 1990, which was indicated in the assessment notice. Since the appeal was not received until after the deadline, staff recommended that the appeal be denied. Staff has reinspected the sidewalk and they feel the quality of work is appropriate.
On behalf of Ms. Cohee, Mr. James Thistlewood and Mr. Joseph Greco, who reside in the same area, explained that approximately 25 to 30 years ago, the City installed the curb and poured a bad mix of concrete sidewalk. Mr. Greco explained that Council set a precedent when Mr. Skweres' appeal to a sidewalk repair assessment in this area was approved.
The committee recommended that Council deny the sidewalk assessment appeal for 511 William Street.
Mr. VanSant moved for denial of the sidewalk assessment appeal by Mrs. Hazel Cohee of 511 William Street. The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote.
Sidewalk Appeal - James Thistlewood - 425 William Street
Mr. James Thistlewood submitted a letter appealing the assessment to replace the sidewalk in front of his property at 425 William Street.
On May 7, 1990, Mr. Thistlewood was sent a registered letter for sidewalk replacement as part of the City's sidewalk program. The letter provided an option for the property owner or the City's contractor to complete the sidewalk. Mr. Thistlewood elected to have the City's contractor complete the sidewalk and indicated his Intentions to appeal the assessment of the sidewalk. On July 17, 1990, the City received a letter from Mr. Thistlewood stating his desire to appeal the sidewalk assessment. On July 19, 1990, Mr. Thistlewood contacted staff to have additional sidewalk replaced at his property and was advised of the additional costs. All sidewalk is complete and meets the City's specifications. The assessment will not occur until all sidewalk in this year's program is complete, and an assessment list is approved by Council.
Mr. Thistlewood is appealing the assessment of 212 square feet of sidewalk located on his property. He explained that a portion of this sidewalk is located on Carol Street in the same general area as Mr. Skewers, whose sidewalk assessment appeal was approved by Council based on the concept of a "poor mix of sidewalk" that was poured approximately 30 years ago.
Mr. Thistlewood explained to the committee that the City required 176 square feet of sidewalk to be replaced, leaving one section of sidewalk. He stated that the remaining sidewalk was beginning to crack. Mr. Thistlewood explained that he felt it would be more advantageous to have the additional square replaced now while the other sidewalk was being replaced.
The Utility Committee recommended that the appeal be denied.
Mr. VanSant moved for acceptance of the committee's recommendation to deny the sidewalk assessment appeal by Mr. James Thistlewood of 425 William Street. The motion was seconded by Mr. Weyandt and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Christiansen).
Joseph Greco - 527 West Street - Sidewalk Replacement
Mr. Joseph Greco, 527 West Street, submitted a letter appealing the requirement to replace sidewalk recently installed in front of his property as a part of the City's 1990 Sidewalk Program.
Mr. Greco chose to have the sidewalk installed himself. Once the sidewalk was completed, a final inspection was conducted and it was determined that the sidewalk did not conform to City specifications due to improper spacing of expansion joints. Mr. Worley stated that Mr. Greco installed too many expansion joints. Due to the nature of the problem, staff is requiring the sidewalk to be replaced and recommended denial of the appeal.
Mr. Greco stated that he was not given proper specifications when the permit was issued. He advised members that the sidewalk materials used exceed the City's specifications. Mr. Greco explained that the instructions that were provided indicated that the expansion joints shall be spaced at a distance of "no greater than 20 feet". He felt that if the distance between expansion joints was
reduced, it would alleviate cracking. Since he placed expansion joints within the 20 feet requirement, it is his feeling that the sidewalk should be acceptable. Mr. Greco also stated that if the sidewalk should crack or heave, he would be responsible for having it replaced.
The Public Works Department agreed that the instructions indicate that the placement of expansion joints shall be spaced at a distance of no greater than 20 feet; however, it is assumed that they will be placed in 20 feet intervals.
The committee recommended approval of the appeal of Mr. Joseph Greco, for the replacement of sidewalk at 527 West Street and that residents be furnished with the appropriate specifications when issued a permit.
Mr. VanSant moved for approval of the committee's recommendation to approve the appeal of sidewalk replacement, seconded by Mr. Daisey and carried by a unanimous roll call vote.
Use of Electric Meter Pedestals
In the past, residential electric services have been metered with equipment attached directly to the building. Additions