REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 13, 1989 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Bartolotta, Mr. Cregar, Chief Whitham, Ms. Bittner and Mr. Rodriguez.
In the absence of Reverend J.H. Williams, Council Chaplain, the invocation was given by Mayor Richter, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
A letter from the Kent County Board of Realtors was added to the agenda by Mr. VanSant, as item #15. Mrs. Legates moved for approval of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
RESOLUTION - MODERN MATURITY CENTER
By motion of Mr. VanSant, seconded by Mrs. Legates, Council unanimously adopted the following Resolution:
WHEREAS, the growing needs of senior citizens are of the utmost importance to the Mayor and Council of the City of Dover; and
WHEREAS, the Modern Maturity Center offers an array of services to our senior citizens, enriching the lives of many that would not otherwise have tile opportunity to participate in community affairs; and
WHEREAS, the Modern Maturity Center has joined together in fellowship many senior citizens, helping them to overcome loneliness, enjoy recreational activities with friends, and participate in educational programs on health and nutrition, all of which have enriched the lives of its members; and
WHEREAS, 1989 marks the 20th Anniversary of the Modern Maturity Center, Inc. of Kent County.
NOW, THEREFORE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council highly commend the staff and volunteers of the Modern Maturity Center for their efforts in addressing the needs and concerns of our senior citizens.
2. The Mayor and Council hereby extend their best wishes in the celebration of the 20th Anniversary of the Modern Maturity Center.
3. The City Clerk is hereby directed to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of honor and recognition to the Modern Maturity Center.
ADOPTED: February 13, 1989
Mayor Richter presented the Resolution to Mr. Robert Bonniwell, Executive Director of the Modern Maturity Center, thanking him on behalf of the citizens of Dover for the efforts of the Modern Maturity Center. Mr. Bonniwell expressed his appreciation to the City for the support shown to his organization during the last 20 years.
RESOLUTION - DOVER ARTS COUNCIL
By motion of Mr. Lynn, seconded by Mrs. Legates, Council unanimously adopted the following Resolution which creates a Dover Arts Council and commended Mayor Richter on his original appointments, as attached to the Resolution.
WHEREAS, the Mayor and Council of the City of Dover recognize the importance of offering an array of cultural activities to its citizens and in order to maintain an environment that encourages cultural diversity, the Mayor and Council hereby create a Dover Arts Council to assist with the development and promotion of cultural programs; and
WHEREAS, the Dover Arts Council will seek to provide the community with quality cultural and educational entertainment experiences and fertile opportunities to explore the arts of visual displays, music, theatre, and dance performances; and
WHEREAS, the Dover Arts Council will provide the necessary coordination for lobbying for visual and performing arts funds at all levels of government in Delaware and will assist individuals and groups in the Dover area in obtaining Delaware State Arts Council, foundation, and other funds in order to carry out its mission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Dover Arts Council shall consist of 12 members and in order that terms are staggered, the initial appointments shall consist of four (4) members for a one (1) year term; four (4) members for a two (2) year term; and four (4) members for a three (3) year term; with all appointments thereafter to be three (3) year terms.
2. The Mayor shall appoint members and shall designate the chairman of a Dover Arts Council that will be responsible to organize and meet as needed, and will report all progress to Council at least annually.
3. Upon creation of the Dover Arts Council, the designated Chairman will hold an organizational meeting whereupon all members will convene to elect other officers and to adopt their organizational rules of order, and they may appoint sub-committees consisting of other interested citizens to assist them in meeting their goals.
4. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.
ADOPTED: February 13, 1989
Mayor Richter informed Council that the Arts Council will meet on February 14th.
One area that he has asked them to address is the possibility of reopening the Capital Theatre.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 23, 1989
The Minutes of the Regular Council Meeting of February 23, 1989 were unanimously approved by motion of Mr. Weyandt, seconded by Mrs. Legates, and bore the written approval of Mayor Richter.
ADOPTION OF MINUTES - OPEN TOWN MEETING OF FEBRUARY 6, 1989
The Minutes of the Open Town Meeting of February 6, 1989 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Daisey, and bore the written approval of Mayor Richter.
PUBLIC HEARING - ABANDONMENT OF ALLEY LOCATED BETWEEN LOT #47 AND LOTS #48, #49 AND #50 IN EDGEHILL
A public hearing was duly advertised for this time and place to consider abandonment of an alley located between lot #47 and lots #48, #49 and #50 in Edgehill.
The Utility Committee, during a meeting of January 10th, recommended abandonment of the alley with the property being conveyed equally to all adjacent property owners who will bear the expense for costs of conveyance. It was stipulated that the will City obtain a utility easement for the entire length and width of the alley. The Planning Commission recommended abandonment of the alley in accordance with City policy.
Mayor Richter declared the hearing open.
There was no one present to speak for or against the abandonment.
Mayor Richter declared the hearing closed.
Mr. Weyandt moved for abandonment of the alley located between lot #47 and lots #48, #49 and #50 in Edgehill, as recommended by the Utility Committee and the Planning Commission, under the conditions previously stipulated during the Council Meeting of January 23, 1989. The motion was seconded by Mr. Levitt and by a unanimous roll call vote, Council adopted the following resolution:
A RESOLUTION VACATING AND ABANDONING A CERTAIN ALLEY 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 hereby vacates and abandons the following alley:
ALL that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a public alley running east to west, lying on the northerly side of East Division Street between North Edgehill Avenue and the alley parallel to North Edgehill Avenue, being 15 feet wide and approximately 170 feet in length; comprising of 2,550 square feet, more or less.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid alley, no compensation is awarded.
Section 3. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid alley.
ADOPTED: February 13, 1989
ANNUAL REPORTS - 1988
Inspections and Planning
By motion of Mrs. Legates, seconded by Mr. Daisey, Council unanimously accepted the 1988 Inspections and Planning Annual Report as submitted.
Police Department
Chief Hutchison reviewed the contents of the Police Department Annual Report, noting that the report reflects an increase in total complaints of 1,604 over the previous year as well as an increase in arrests.
Referring to plans to move forward with National Accreditation, Mr. Weyandt questioned the need of utilizing a police officer on a full time basis for three years for this project. Chief Hutchison explained that a team of experts will completely evaluate the Police Department's standards and procedures to bring the Department up to the national standard. There are 966 points that are identified and evaluated. Chief Hutchison stated that although the Police Department consistently evaluates its procedures, National Accreditation provides an outside source for this procedure. It is his feeling that the accreditation process will not only standardize procedures, but also enhance the standards already in place.
Mr. Christiansen pointed out that other cities, having achieved National Accreditation, have become more efficient as a result of utilizing an outside source to review departmental standards and procedures. Mr. Hall added that National Accreditation would work to the City's benefit in situations where the Police Department may be involved in litigation involving procedures.
Mr. Hall moved for approval of the 1988 Annual Report of the Police Department, seconded by Mr. Christiansen and unanimously carried.
Robbins Hose Company
Fire Chief Terry Whitham informed Council that their new engine is scheduled to go on-line this week; the chassis has been delivered to Missouri and its squirt will be installed and on-line by March 20th, which will be approximately 30 days behind the engine. Hopefully, the engine should be delivered by the first of April and the squirt on the first of May.
Mr. Christiansen moved for approval of the 1988 Robbins Hose Company Annual Report, seconded by Mr. Hall and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on January 24, 1989 to hold a public hearing on the Phase I Diagnostic/Feasibility Study on Silver Lake. A complete review of the study was presented to the public and committee members by F.X. Browne Associates, Inc. A final report will be prepared and submitted at the next committee meeting.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on January 25, 1989 with Chairman Christiansen presiding.
Review of Proposed Smoke Detector Ordinance
The committee reviewed the smoke detector ordinance which was referred back to them by Council for revisions. In an attempt to clarify the language and inient of the ordinance, the committee recommended changes to subparagraph 2(d) to read as follows:
"Number of Devices Required. The recommended placement of smoke detectors should be adjacent to sleeping areas, on each habitable level. as indicated in the NFPA 74-1984 Standard for the Installation, Maintenance, and Use of House Hold Fire Warning Equipment."
Mr. Cregar detailed the specifications of the ordinance regarding installation requirements and penalties for non-compliance. Mr. Cregar stated that it is not the City's intent to fine violators, but rather to make dwellings more safe for its occupants. Required smoke detectors must be installed by December 31, 1990.
Questioning enforcement of the ordinance for rental units, Mr. Weyandt asked what proof of installation must be produced to show that a landlord abided by the requirements of the ordinance if the property should be completely destroyed by fire. He suggested that landlords should require a signed affidavit by tenants that fire detectors were installed.
The City Solicitor agreed that such a document would protect a landlord in the event of total destruction of a property. A suggestion was made by Mr. Cregar to require proof of purchase. Mr. Levitt pointed out that there are a number of ways that landlords could protect themselves in terms of verification of compliance with the ordinance.
Fire Chief Whitham informed Council that the fire department plans an elaborate educational program on the new requirements. They will be giving away in excess of 300 smoke detectors and have a commitment of $500 from a private firm towards the purchase free, give-a-way smoke detectors. Robbins Hose Company will host a press release on the specifications of the new ordinance and details on how citizens can obtain a free smoke detector.
Mr. Levitt moved for adoption of the ordinance as written, seconded by Mr. Daisey.
Mr. Hall reiterated previous opposition to the ordinance, stating that he recognizes the importance of such a safety device, but feels an ordinance mandating its installation is an evasion of a citizen's private dwelling.
On a call for the question by Mr. VanSant, Council adopted the following ordinance by a roll call vote of six (6) yes, one (1) no (Mr. Hall), and one abstention (Mr. Christiansen):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Code is hereby amended by adding a new section to be designated Sec. 7-61 to read as follows:
Sec. 7-61. Smoke Detection Requirements
(a) Installation required.
1 New Dwellings. All new structures and new dwellings shall be equipped with smoke detectors and fire protection equipment as required by the provisions of the BOCA Basic Building Code.
2. Existing Dwellings. All existing single-family dwellings, multi-family dwellings, and dwelling units, whether such dwellings are owner-occupied or tenant-occupied, shall be equipped with automatic smoke-detecting devices, which shall be approved smoke detectors of the photo-electric or ionization type or battery powered Underwriters' Laboratory or Factory Mutual Approved type, as required by subsection (b) of this section, as of the settlement date of the next immediate sale of any such dwelling; or, further, for any rental dwelling, as of the effective date of the next rental to a new tenant of such existing single-family dwellings, multifamily dwellings and dwelling units, or as of December 31, 1990, whichever first occurs. Such smoke detectors shall be installed in the number, location, and manner required by this section and the rules and regulations of the fire marshal and, when actuated, each such smoke detector shall provide an alarm suitable to warn the occupants within the dwelling. It shall be the responsibility of the seller or lessor of such existing dwellings to make such installations.
3. Unlawful Acts. In addition to and not in lieu of any other provisions of this section and of the Code, it shall be unlawful for any person responsible for the installation of a smoke detector to fail to so install it by the time required by this section. It shall be unlawful for any person to tamper with, damage, or render inoperative, such as, but not exclusively, by disconnecting electrical wiring or by removing the batteries from, any smoke detector.
(b) Type of Detection Devices. Detection devices shall be of the photoelectric or ionization type and shall be (a) electric, 110 V, A.C. or (b) battery powered smoke detectors, Underwriters Laboratory or Factory Mutual Approved.
1. Electric units shall be direct wired on a separate circuit on the line side of service equipment, immediately fused with proper size fuse. Detector wiring shall be minimum 14 g. wire. All wiring shall comply with the National Electric Code and shall be performed by registered, licensed electricians or inspected by the appropriate authority.
2. Battery powered units shall be permitted only in existing structures. Where battery powered units are permitted, the battery shall be of the type approved for the detector and shall provide a minimum of 12 months service. Battery powered units shall be equipped with an audible sounding device to alert occupants of the need for battery replacements. In rental dwelling units where battery powered devices are permitted, after installation of the detection device at the landlord's expense, in accordance with subsection (a) above, it shall be the tenant's responsibility, unless otherwise provided in the tenant's lease agreements, to (i) make periodic inspections of the unit to determine that it is in Proper working order, and
(ii) to notify the landlord of any malfunction of said detection device which the landlord shall then repair or replace at his own expense, and
(iii) to replace the batteries when necessary during the entire term of the rental agreement.
(c) Audible Signal. Detection devices shall be equipped with an audible sounding device that provides a steady signal with a minimum decibel rating of 85 decibels.
(d) Number of Devices Required. The major threat from fire in a family living unit is at night when everyone is asleep. The principal threat to persons in sleeping areas comes from fires in the remainder of the unit; therefore, smoke detector(s) shall be located between the bedroom areas and the rest of the unit. In units with only one bedroom area on one floor, the smoke detector shall be located as shown in Figure B-2.1.1 of the Appendix of the NFPA 74-1984 Standard for the Installation, Maintenance, and Use of Household Fire Warning Equipment.
In family living units with more than one bedroom area or with bedrooms on more than one floor, more than one smoke detector will be required, as shown in Figure B-2.1.2 of the Appendix of the NFPA 74-1984 Standard for the Installation, Maintenance, and Use of Household Fire Warning Equipment.
In addition to smoke detectors outside of the sleeping areas, this standard requires the installation of a smoke detector on each additional story of the family living unit, including the basement. These installations are shown in Figure B-2.1.3 of the Appendix of the NFPA 74-1984 Standard for the Installation, Maintenance, and Use of Household Fire Warning Equipment. The living area smoke detector shall be installed in the living room and/or near the stairway to the upper level. The basement smoke detector shall be installed in close proximity to the stairway leading to the floor above. If installed on an open-joisted ceiling, the detector shall be positioned relative to the stairway so as to intercept smoke coming from a fire in the basement before the smoke enters the stairway.
(e) Authority Having Jurisdiction. The Fire Marshal shall have jurisdiction for purposes of enforcing compliance with this section.
(f) Supervision of Enforcement. All general contractors, subcontractors and their agents who install electric 110 V.A.C. powered smoke detection devices shall be registered with the Office of the City Fire Marshal in order to sell, distribute, furnish or install smoke detection equipment within the City of Dover.
It shall be the responsibility of the contractor, installer or seller of said electrical 110 V.A.C. powered smoke detectors to certify in writing to the Fire Marshal that said device is in compliance with this section.
This subsection shall not apply to persons who perform the actual installation of smoke detectors in dwelling units they own; however, such installations shall still require any applicable inspections required by the Building Code.
(g) Penalties. Any violation of the provisions of this section shall render the owner or operator or agent of the owner or operator of the building, or the tenant of rental property if the rental agreement so provides in accordance with subsection (b) above, and/or the general contractor, subcontractors, or their agents, liable for suspension or revocation of any existing license to do business in the City of Dover, or, a fine of not more than $100.00 per violation, or both said penalties. Copies of this ordinance shall be made available to the public by the Building Inspector.
ADOPTED: February 13, 1989
State Department of Transportation - Revolve to Concerns of Traffic Throughout the City of Dover
Citizen concerns regarding traffic throughout the City of Dover were brought to the attention of officials of State Department of Transportation. A joint meeting was held regarding traffic and pedestrian safety on Kenton Road and Walker Road, with the City requesting that the State give consideration to sidewalks/bikeways in this area.
The Department of Transportation informed the committee that they would not be able to include funding for such a project in their Capital Improvements Plan due to other commitments. They submitted a cost estimate of $295,000, suggesting possible legislative funding.
The Safety Advisory Committee recommended that the City request legislative funding, through allocations for municipal streets, in the amount of $295,000, for the installation of a sidewalk/bikeway connecting Greentree Plaza entrance to the Hamlet entrance.
Mr. VanSant questioned the possible impact of this request on other City monies in the bond bill. Mayor Richter suggested that the request be combined with other City requests so that a total package can be submitted to the State.
Mr. Christiansen moved that the City include, in its street improvement request to the State, funding of $295,000 for the installation of a sidewalk/bikeway connecting Greentree Plaza entrance to the Hamlet entrance. The motion was seconded by Mr. Daisey and unanimously carried.
Request for Traffic Flow Study
With the completion of the Constitution Place Project, the committee recommended that the City Manager be authorized to request that the Department of Transportation conduct a complete study on traffic flow from Division Street to Water Street and Park Drive to the Railroad.
Mr. Christiansen moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.
Safety Concerns of Williams Park - Mr. Larry Sussman
The committee heard the concerns of Mr. Larry -Sussman, Vice-President of the Whiteoak/Towne Point Civic Association, relative to stones recently placed at the entrance of Williams Park. Mr. Sussman relayed concerns with the possible liability that could be incurred to pedestrians and vehicles from the loose stones. A presentation was also given on this subject by Mr. Sussman at the Open Town Meeting.
Mr. Bartolotta informed Council that since the date of the Safety Advisory Committee meeting, the City has rolled the parking lot, compacting the stones into the dirt surface. Although Mr. Sussman is still not satisfied with the stones, the City Manager stated that the surface is much harder and that most of the stones have been rolled into the dirt surface. Mr. Bartolotta stated that he will continue to monitor this situation.
Mr. Levitt moved for acceptance of the report as submitted, seconded by Mr. Lynn and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on February 7, 1989 with Chairman Weyandt presiding.
Closing of;Water/Sewer Bonds - Series 1984
The City issued Water/Sewer Revenue Bonds in November 1984 for $3,070,000 for the purpose of installing two water tanks and the contribution to the Puncheon Run and Dover Brook Gardens projects. The projects are now complete and it is estimated that an amount of $279,500 will be available in this fund, with earned interest until the account is closed.
As requested by the Finance Director, the committee recommended that the Water/Sewer Revenues (Series 1984) fund be closed and that remaining fun&, ($279,500 plus interest) be transferred to the Water/Sewer Fund.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote.
Single Audit Report - Fiscal Year 1987/88
In accordance with federal law (the Single Audit Act), Faw Casson & Company submitted the audit for year ended June 30, 1988. The report covers the evaluation of the City's internal financial controls and compliance of all federal and state grants received by the City. The cost of the audit was included in the $15,000 fee paid to Faw Casson & Company.
The committee recommended approval of the Single Audit Report for fiscal year ended June 30, 1988.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Christiansen and unanimously carried.
Letter to State of Delaware - Request for Payment of Taxes on Leased Properties
The committee reviewed a proposed letter to the State of Delaware which would request that the State make property tax payments to the City for State owned properties that are leased to private business for profit. This problem has existed in certain instances in the past but has been exacerbated by recent actions of the Department of Transportation in purchasing properties to acquire rights of way for the new by-pass. Although the State is purchasing properties for future use, the properties contain on-going businesses which then lease the property back from the State. Purchase by the State automatically removes the property from the City tax rolls. The City incurred a similar situation when the Delaware Solid Waste Authority purchased a building which was owned and occupied by a group of physicians, removing the property from the tax rolls. The property was later leased back to the physicians. It was the committee's feeling that the proportionate share of the building that is not used for the mission of the agency, should be taxed accordingly.
The letter suggests an acceptable solution whereby the State of Delaware would make a voluntary payment of property taxes for properties, or portions thereof, being leased for profit.
The committee recommended that the proposed letter be forwarded to Governor Castle.
Mr. Weyandt moved that the proposed letter, from Mayor Richter on behalf of the City of Dover, be forwarded to Governor Castle, seconded by Mr. VanSant and unanimously carried.
Letter - Senate Bills - No. 39, 41 and 43
A draft letter was reviewed by the committee that states the City's opposition to passage of S.D. No. 39, S.B. No. 41, and S.B. No. 43. The City has grave concern with respect to the three pending Senate bills which deal with Chapter 13, Title 19, Right of Public Employees to Organize. Passage of the bills will hamper the City's ability to manage the public's resources in an effective and efficient manner.
The committee endorsed the contents of the letter and recommended that it be forwarded to all Delaware legislators.
Mr. Weyandt moved that the letter be forwarded to Delaware legislators, informing them of the City's opposition to S.B. No. 39, 41, and 43. The motion was seconded by Mr. Weyandt and carried with Mr. Hall voting no. Mr. Hall stated that he was not opposed to all aspects of the letter, but was concerned with the portion relating to arbitration. It was suggested that Mr. Hall discuss his concerns with Mayor Richter prior to mailing of the letter in the event it could be revised to meet everyone's approval.
Request for Extension of Use of Temporary Structures - State of Delaware - Department of Public Health
Mr. George Hale, Secretary of Administrative Services with the State of Delaware, requested a 20 month extension of the City's approval to keep the temporary Public Health Labs on their current site. The labs were relocated adjacent to the Richardson and Robbins Building because of a serious asbestos hazard in the Jesse Cooper Building where they were formerly located.
During the committee meeting, Mr. Hale explained that initially the State anticipated construction of a new laboratory. Their plans were altered, however, when they became involved in negotiations to acquire and renovate the laboratory of Reichhold Chemicals. Negotiations were unsuccessful and the State was forced to revert back to the original plan of constructing a new laboratory. The laboratory will be constructed on the grounds of the Delaware Hospital for the Chronically Ill and should be completed by December 31, 1990.
Members of the committee expressed concern with the possibility of biological or chemical hazards to residents living in the vicinity of the laboratory, and suggested that certification from an outside agency should be obtained. Representatives of the State assured the committee that the laboratory poses no danger to the public. If an outside firm can be found to certify their laboratory, they assured the City that they would obtain the certification.
In the spirit of cooperation between the City of Dover and the State of Delaware, the committee recommended approval of the request for an extension of utilization of the temporary health laboratories until December 31, 1990, requesting that Secretary Hale assist the City in its attempts regarding negotiations with the State on payment in lieu of taxes for properties that are leased to private businesses.
Since the date of the committee meeting, a letter was received from Secretary Hale informing the City that they have contacted an independent firm, Laminar Flow Consultants, Inc., to recertify the biological safety cabinets utilized in the handling of Class 3 viral agents. The inspection and recertification is scheduled before the end of February and will be shared with the City of Dover immediately upon receipt of the report. Also submitted was a letter from the Center for Disease Control in Atlanta, Georgia which stated that no facility deficiencies have been noticed that would expose the surrounding areas to hazards that might be created by the release of microbial agents. The majority of agents that are handled at the laboratory are no more than Class 2 which do not have a tendency to aerosolize. A biological safety cabinet is utilized for the occasional handling of Class 3 viral agents. The cabinets are effective in preventing the release of infectious aerosols and should provide adequate containment if certified at least once every 12 months to assure that they are maintained and operating properly.
Mr. Weyandt moved to approve the request for extension of the temporary health laboratories until December 31, 1990, and request that Secretary Hale assist the City in its attempts regarding negotiations with the State on payment in lieu of taxes for properties that are leased to private businesses.
Mr. Daisey cautioned that the City should not grant permission for the extension until the certification has been received. Mr. Christiansen acknowledged the concerns expressed by Mr. Daisey, but stated that the State has attempted to meet the needs of the City and has assured that certification will be obtained. Under the circumstances, he felt that the City should cooperate with the State and approve the request.
On a call for the question by Mr. Lynn, the motion was approved, with Mr. Daisey voting against the motion.
Request for Permission to Utilize Temporary Mobile Unit - Delaware Technical and Community College - Terry Campus
The Terry Campus of Delaware Technical and Community College requested permission to place a mobile home on the east side of; Terry Campus for the purpose of a temporary office for a period of 24 to 36 months. Funding has been appropriated for expansion funds, but the planned expansion will not be completed for approximately two years. The temporary mobile home will afford additional office space until the expansion project is completed. Water or sewer will not be connected to the structure.
The committee recommended approval of the request for placement of the mobile home for the purpose of a temporary office, not to exceed 36 months.
Mr. VanSant suggested that an approval motion stipulate that water or sewer will not be connected.
Mr. Weyandt moved to approve the request for placement of the mobile home for the purpose of a temporary office, not to exceed 36 months, stipulating that water or sewer will not be connected to the structure. The motion was seconded by Mr. Christiansen and unanimously carried.
Trash Collection Ordinance
The Legislative and Finance Committee was asked by the Utility Committee to review the trash collection ordinance with regard to non-traditional situations which have required interpretations of the ordinance, particularly mobile homes. The committee was asked to examine the matter beyond the scope of utilities for equity in service as well as for reasonable financial responsibility for the services rendered.
Staff estimated a cost of $55 per space to cover costs of trash collection. The projected cost is the estimated current annual cost to collect for one singlefamily residence and includes the container cost spread over a ten-year period, the tipping fee and the cost of labor/administration. The City currently charges a mobile home owner a license fee of $30 per year, and the mobile home park pays a license fee of $5 per available space.
The committee spent a considerable amount of time discussing an equitable means of providing this service, receiving input from members of Council and from the general public.
It was recommended by the committee that trash containers be issued to individual mobile homes within the parks; stipulating that staff meet with mobile home park owners to devise an equitable method of payment for consideration by the Legislative and Finance Committee at their next meeting.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Christiansen.
Mr. VanSant voiced objections to the motion, stating that it does not resolve the problem. He further stated that re-instituting the service without resolving how the service will be paid for will only take care of the emotion of the moment, with very little governing for the long term dangers in the future. He suggested that if the 90 gallon containers are going to be distributed, the motion should also include the method of payment.
Mr. Christiansen concurred with Mr. VanSant and suggested that the motion be amended to include a method of payment. Mr. Weyandt pointed out that the billing procedure is inconclusive, stating that staff does not favor individual billing and the mobile home owners do not favor billing of the park owners.
A suggestion was made by Mr. Levitt that whatever billing procedure is chosen, it should be made clear that the proposed fee of $55 will be subject to change, depending upon the costs to the City to offer the service.
Mr. Weyandt and Mr. Christiansen, as the maker and seconder of the motion, agreed to alter the motion to read: Council directs the City Manager to distribute the individual 90 gallon containers to the mobile home park and that staff make a recommendation to Council on how the $55 charge will be billed to the individual mobile home owners, stipulating that the charge will be prorated for the period remaining after delivery of the containers.
On a call for the question by Mr. VanSant, the motion was carried by a unanimous roll call vote.
Community Development Block Grant Schedule for 1989/FY 89 Delaware Rental Rehabilitation Program
The committee reviewed in detail the Community Development Block Grant Program, the Housing Rehabilitation Loan Program, and the Delaware Rental Rehabilitation Program.
The committee recommended that staff be authorized to utilize the FY90 CDBG Application Schedule as a guide.
By motion of Mr. Weyandt, seconded by Mr. Lynn, Council unanimously accepted the recommendation of the committee and adopted the following schedule:
1. FY-89 CDBG Final Policy Statement Received December 20, 1988
2. Legislative & Finance Committee Meeting February 7, 1989
- Review of FY-89 CDBG Policies
- Acceptance of proposed application schedule
- Request for setting public hearing date
3. Council Meeting February 13, 1989
- Vote on Committee Action issues
4. Administrative Public Hearing February 16, 1989
5. Legislative & Finance Committee Meeting March 6, 1989
- Review 6f public hearing comments and
staff recommendation for use of FY-89
CDBG funds
6. Council Meeting March 13, 1989
- Vote on Committee Action issues
7. Preparation of Application March 14-28, 1989
8. Submission of Applicat