REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 23, 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, Mr. Karia, Ms. Bittner and Mr. Rodriguez.
In the absence of Reverend J.H. Williams, Council Chaplain, Mayor Richter declared a silent moment of prayer, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt requested an addition to the agenda, under Monthly Reports, to discuss the addition of the Assessor's monthly report to those listed on the Council agenda.
Mrs. Legates moved for approval of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
PROCLAMATIONS
Mayor Richter announced the issuance of a Proclamation relative to the declaration of Dr. Martin Luther King, Jr. Day, which was celebrated on January 16, 1989.
City of Dover Employee Appreciation Day
The City Clerk read into the record the following Proclamation:
WHEREAS, the City of Dover has over 325 employees that work diligently to offer our citizens the highest quality of service at the lowest possible tax rate; and
WHEREAS, the employees of the City of Dover strive daily, through their dedication and hard work, to promote Community Excellence Through Quality Service; and
WHEREAS, it is due to the high productivity and accomplished efforts of the entire City work force that the citizens of Dover are able to enjoy one of the lowest utility and tax rates in this region; and
WHEREAS, the City of Dover values its employees, recognizing that every member of the work force - from meter reader to engineer, laborer, to policeman, surrey driver to secretary - is an integral part of the day to day operations of the City of Dover and its success is due largely to the pride and efforts of its employees.
NOW, THEREFORE, 1, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim Wednesday, January 25, 1989, as CITY OF DOVER EMPLOYEE APPRECIATION DAY, in recognition of the dedication and hard work of City of Dover employees, and ask the citizens to participate in this event by taking a moment to thank a City of Dover employee for their outstanding service to our community.
Mayor Richter presented the Proclamation to Robert J. Bartolotta, City Manager, on behalf of all City of Dover employees. Mr. Bartolotta stated that the City of Dover is very proud of its employees and thanked Mayor Richter for proclaiming January 25th as Employee Appreciation Day. Chief Hutchison also expressed his appreciation for the recognition of City of Dover employees.
Annual Girl Scout Cookie Sale
The City Clerk read into the record the following Proclamation:
WHEREAS, Girl Scouts throughout the nation have rendered continuous service to their communities since the founding of their organization; and
WHEREAS, the Girl Scouts provide its members with a bridge to the future by developing good citizenship, teaching important skills, encouraging career exploration and increasing world understanding; and
WHEREAS, we are aware of the tremendous growth of the Girl Scout movement, which has become one of the largest organizations for girls in the world; and
WHEREAS, in an effort to raise funds, the Girl Scouts are planning their Annual Girl Scout Cookie Sale which will take place from January 14 - March 13, 1989.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim official recognition of the Annual Girl Scout Cookie Sale from January 14 - March 13, 1989, calling upon all citizens to give this organization their continued support, interest, and cooperation, in its purpose of inspiring girls with the highest ideals of character, conduct, patriotism, and service.
Councilman Christiansen presented the Proclamation to Mrs. Debra Hill and Troop #1119 of the Fairview Elementary School. In expression of appreciation, they presented Mayor Richter a complimentary box of Girl Scout Cookies.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 9, 1989
The Minutes of the Regular Council Meeting of January 9, 1989 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Lynn and bore the written approval of Mayor Richter.
MONTHLY REPORTS - DECEMBER
Referring to the Building Inspector's Report, Mr. Christiansen suggested that the Legislative and Finance Committee consider the practice of charging a fee for re-inspection of Eating House Establishments.
Questioning Mr. Bartolotta on the City Manager's Report, Mr. Weyandt requested an update on the vibration problem at McKee Run. Mr. Bartalotta stated that a final report has not yet been received. Although the problem has not been resolved, unit #3 is operating at 95 MW. Responding to Mr. Weyandt's question on installation of lights, Mr. Bartolotta stated that the County installed the fixtures at Kent AeroPark. Cable replacement in the Legislative Mall area was funded by the State.
Mr. VanSant suggested that the City Manager contact the proper State officials to inform them that the lighting around the Capital Complex is activated until 10:00 a.m. He suggested that the timing system be reset so that the lights go off automatically at daylight.
Concerning an addition to the agenda to discuss the Assessor's monthly reports, Mr. Weyandt moved that this report be listed on future Council agendas for approval by Council. The motion was seconded by Mr. Daisey and unanimously carried.
By motion of Mr. VanSant, seconded by Mr. Levitt, Council unanimously adopted the following reports for the month of December:
Chief of Police Report
Building Inspector and Fire Marshal 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
General, Water/Sewer, Electric Revenue - Receipts & Disbursements Report
UTILITY COMMITTEE REPORT
The Utility Committee met on January 10, 1989 with Chairman VanSant presiding.
Review of Trash Collection Ordinance
The Utility Committee considered certain questions that have arisen pertaining to interpretation of the new mechanized refuse collection ordinance. Specifically, the committee considered complaints of mobile home park residents that they are no longer receiving City of Dover trash collection services. The City Manager explained that the new ordinance defines the term "premise" by two conditions; a parcel with only one deed and one owner. As an example, he explained that an apartment complex having ten buildings, being legally defined as one premise, would only be entitled to two large containers, which would not service the entire complex. Thus, the complex would have to contract for private service.
Prior to adoption of the new mechanized refuse collection ordinance, the City was collecting refuse from mobile home parks. However, with adoption of the new ordinance, past inconsistencies became apparent. In an attempt to have a uniform system, the City is enforcing the ordinance which defines mobile home parks as one premise and only allows two (2) large containers per park. Since this would be insufficient for most parks, private collection is necessary.
Many residents and some members of Council expressed concern with taking a City service away from a particular group of citizens. Some mobile home residents suggested that the mobile home park owner be made to pay higher property taxes if the City feels that the amount paid is not sufficient to cover the services rendered. They also suggested that the fee charged for a mobile home license be increased to be more equitable if the City feels that insufficient income is being derived to pay for City services. Concern was also expressed for the manner in which the City notified the citizens of its intent to discontinue the service.
Mr. VanSant apologized for the manner in which the residents were notified of the City's intent to discontinue service, stating that residents were given very little notice to make other arrangements. He expressed his feeling that this is a very difficult situation that will not easily be solved.
The Utility Committee heard the concerns of many citizens, members of Council and Mayor Richter. In an effort to obtain a reasonable solution, the committee tabled action to allow staff, Council and the Legislative and Finance Committee the opportunity to examine the equity in service, as well as the reasonable financial responsibility for the services received.
Policy Change - Size of Refuse Containers
The Utility Committee considered a petition from residents of the State Street/Governors Avenue area requesting that their 300 gallon refuse containers be replaced with 90 gallon containers. After discussing this matter, the committee recommended a policy change to require that everyone be provided with 90 gallon containers until otherwise requested. If a majority of the residents within a block should desire 300 gallon containers, they may petition the City for the larger containers.
Mr. VanSant moved for approval of the policy change as recommended by the committee, seconded by Mr. Hall and unanimously carried.
Request for Abandonment of Alley Located Between Lots #47 and #48 in Edgehill
A request was considered for abandonment of an alley located between lots #47 and #48 in Edgehill. In reviewing the request, the Electric Department informed the committee that they have service lines which run across the alley and there is a possibility that an electric line will be run from the existing three-phase line in the paved alley, through the alley in question, to N. Edgehill Avenue. They, therefore, requested that an easement be retained for the entire width and length of said alley.
Since the alley in question is unimproved, the committee recommended that guidelines recently established be followed and that the property be conveyed equally to all adjacent property owners, provided that the City obtain a utility easement for the entire length and width of the alley and that all costs of conveyance be borne by the property owners.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Hall. By a unanimous roll call vote, Council adopted the following resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF 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 favors the vacating and abandoning of 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. The Council of the City of Dover will sit on Monday, February 13, 1989, 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: January 23, 1989
Kent County AeroPark - Street and Utility Acceptance
The Kent County AeroPark requested acceptance of the streets and utilities of Phase I of the Industrial Park. After inspecting the improvements, the City provided the developer with a list of repairs to be made to meet City standards. Mr. Bartolotta explained that since the County is responsible for maintaining the property, the City would be reimbursed for any work performed.
The committee recommended approval of the acceptance of the dedication of Phase I of the Kent County AeroPark with the conditions set forth in Mr. Wolfensberger's letter of December 19, 1988, as follows:
1. The Kent County Aero Park Authority accepts responsibility for any deficiencies related to the construction of infrastructure at the Industrial Park for one year from the date of acceptance of the improvements by the City of Dover.
2.We have applied to the State of Delaware (Delaware Development Office) for a $600,000 grant to furnish the Park. If those funds are granted, we anticipate finishing the project in 1989. If funds are not granted to us within the next two bond cycles (FY 190 and '91) we will install paved cul-de-sacs as requested by the City of Dover. In consideration of the above, we would like to request an exemption from building temporary paved cul-de-sacs at the end of the two Galaxy Drive stub roads.
3.Kent County will be replacing the Kent County Sewer System manhole covers within two years after acceptance of the improvements by the City of Dover. We plan to exchange the covers by ordering City of Dover sewer manhole covers for expansions of the Kent County system, If this cannot be accomplished within that time frame, we will purchase City of Dover covers at the end of the two years and replace them.
Mr. VanSant moved for approval of the committee's recommendation, with the conditions set forth in Mr. Wolfensberger's letter of December 19, 1988, as described above. The motion was seconded by Mr. Hall and carried by a unanimous roll call vote.
CATV Agreement
The Dover Franchise Agreement with General Television, Inc., specifies the joint use of Electric Department poles inside the Dover city limits. Both General Television, Inc. and Simmons CATV have recently requested agreements covering the joint use of Dover Electric Department poles outside Dover city limits.
Storer Cable has requested an opportunity to further study the agreement to clarify technical language within its contents. Rather than curtail the two companies from moving forward with the project, the City Manager suggested that the agreement be approved as an interim agreement, allowing operation until City staff has the opportunity to meet with the two companies and devise an acceptable agreement, to be presented to the committee within 30 days. The final resolution would be made retroactive.
The committee recommended acceptance of the Agreement (as on file in the City Clerk's Office), as an interim Agreement, subject to review by the City Manager, representatives of the cable company, and Mr. Levitt (representing the Utility Committee) and that a final draft report be submitted to the Utility Committee on February 14, 1989.
Mr. VanSant moved for approval of the committee's recommendation, seconded by Mr. Levitt and unanimously carried.
Constitution Place - Phase II
Action on Phase II of Constitution Place was taken during the Council Meeting of January 9, 1989. Action by Council included that expansion of Phase II of Constitution Place be placed on hold, and that the City Manager and Utility Committee be directed to budget the necessary funds in the out years of the Capital Improvement Plan for utility repairs in the area of The Green.
Due to budget constraints, two sidewalks were deleted from the Phase I project; one sidewalk located on the south side of Court Street and the other located on the east side of State Street in the middle of The Green. If the City does not proceed with Phase II of the project, then estimates should be obtained to complete the two sidewalks.
The committee recommended that staff present sketches and estimates for the two sidewalks to the Utility Committee for review and referral to the Legislative and Finance Committee for consideration.
No further action was taken by Council.
Bid - Transformer Purchase
The City's supply of pad mounted single phase transformers is low. Bids were received and analyzed by Electric Department staff. Upon evaluation of the bids, the committee recommended that a purchase order be issued to A.J.P. Electric in the amount of $31,550 for 25, 50KVA, 12470 GRDY/7200 volt primary, 240/120 volt secondary, single phase pad mounted transformers.
Mr. VanSant moved for approval of the committee's recommendation, authorizing issuance of a purchase order to A.J.P. Electric in the amount of $31,500. The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote.
Schedule Workshop on Power Supply Study
The Utility Committee scheduled a workshop for January 19, 1989 at 7:30 p.m. to discuss the Power Supply Study. The workshop has been held, with all action being deferred until the next Utility Committee meeting.
Mr. VanSant moved for approval of the Utility Committee Report as submitted, seconded by Mr. Hall and unanimously carried.
APPOINTMENTS
Two candidacies have occurred as a result of the resignation of Mr. Tom Worley. Mayor Richter submitted the appointment of Mr. Edgar C. Cregar, Jr. to fill the vacancy on the Kent AeroPark Development Authority and the appointment of Mr. Zachery Carter to fill the vacancy on the Chamber of Commerce Tourism Committee.
Mrs. Legates moved for approval of the appointment of Edgar C. Cregar, Jr. to the Kent AeroPark Development Authority, seconded by Mr. VanSant and unanimously carried.
Mrs. Legates moved for approval of the appointment of Mr. Zachery Carter to the Chamber of Commerce Tourism Committee, seconded by Mr. VanSant and unanimously carried.
SET DATE - JOINT WORKSHOP WITH COUNCIL AND PLANNING COMMISSION
In conformance with a motion approved by Council during their Regular Meeting of January 9, 1989, the City Planner suggested two possible dates (January 30th or February lst) to set a joint workshop with members of Council and the Planning Commission. The meeting will be scheduled to discuss the City of Dover Comprehensive Plan and the rezoning of residential properties.
Responding to a question from Mr. Weyandt, Ms. Bittner informed members of Council that neither of the suggested dates conflict with regularly scheduled meetings for Council members.
Mr. VanSant moved that the joint workshop be scheduled for Monday, January 30, 1989 at 7:30 p.m., seconded by Mr. Hall and unanimously carried.
Request to Hold Spring Camporee at Memorial Park in Recognition of the 25th Anniversary of the Capital Historic Trail
A request was received from the Del-Mar-Va Council, No. 81, Boy Scouts of America, for permission to hold their Spring Camporee at Memorial Park in recognition of the 25th Anniversary of the Capital Historic Trail. The Camporee would be held on April 21, 22, and 23, 1989.
Mr. VanSant moved for approval of the request, stipulating that the event be coordinated with the Chief of Police and the City Manager. The motion was seconded by Mr. Christiansen and unanimously carried.
Appeal of Sidewalk Repair Assessment - Mrs. Sarah E. Montague
A letter was received from Mrs. Sarah E. Montague of 124 N. Governors Avenue, appealing her assessment for the 1988 Sidewalk Program, feeling that charges for pruning of tree roots are excessive.
Mr. VanSant moved that an appeal hearing be scheduled for February 27, 1989 at 7:30 p.m., seconded by Mr. Lynn and unanimously carried.
Request to Install Temporary Mobile Classroom - Delaware Technical and Community College - Terry Campus
A letter was received from Delaware Technical and Community College requesting permission to install a temporary mobile classroom on the east side of the Terry Campus for the purpose of a temporary office. The request is for a period of 36 months.
Mr. Weyandt moved for referral to the Utility Committee, the Legislative and Finance Committee and the Planning Commission. The motion was seconded by Mr. Levitt and unanimously carried.
Announcement of Availability of Emergency Shelter Grant Program Allocations and Request for Letter of Intent
A letter was received from the State of Delaware, Division of Housing and Community Development, requesting a letter of intent to apply for Emergency Shelter Grants Program funds, anticipating that the available funds will be allocated to a single unit of government which can effectively comply with federal regulations, provide the necessary matching funds, and obligate the grant funds by April 30, 1989. The letter of intent to apply must be submitted by January 31, 1989.
Due to the time frame constraints, staff was unable to submit the request to the Legislative and Finance Committee. In order to qualify for the grant monies, the City or the agency for which the funds are being sought must provide matching funds. The City has a letter from the Dorsey Relief Shelter stating their commitment to provide the matching funds according to the guidelines.
In view of the Ruth N. Dorsey Relief Shelter services to the homeless, its state of disrepair, and the commitment for matching funds, City staff recommended that the Community Development staff be authorized to apply for $23,000 in Emergency Shelter Grant funds on behalf of the Ruth N. Dorsey Relief Shelter.
Mr. Weyandt moved to authorize City staff to apply for $23,000 in Emergency Shelter Grants funds on behalf of the Ruth N. Dorsey Relief Shelter. The motion was seconded by Mr. Christiansen and unanimously carried.
Alluding to the lack of time for proper referral to the Legislative and Finance Committee, Mr. VanSant stated his feeling that the State of Delaware should plan for earlier notification of the program to eligible communities.
Mr. Lynn moved for adjournment into open forum, seconded by Mr. Christiansen and unanimously carried.
Meeting Adjourned at 8:16 P.M.
OPEN FORUM
Mayor Richter 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.
DEBRA J. BITTNER
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of January 23, 1989, are hereby approved.
JOHN E. RICHTER
MAYOR
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