REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on November 9, 1987 at 7:30 p.m. with Mayor Carroll presiding. Members present were Councilmen Richter, Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant.
Staff members present were Assistant Inspections Director/Planner Cregar, City Manager Bartolotta, Assessor Lucas, Chief of Police Klenoski, City Clerk Bittner and Solicitor Rodriguez.
The invocation was given by the Reverend J. H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Richter requested that two items be added to the agenda as follows:
13A - Announcement - Utility Committee Meeting Date 15A - Action on Voter Registration Report by City Clerk
Mayor Carroll requested agenda additions to consider correspondence from the following:
18E - Michael Malkiewicz
18F - Martha Woodfolk
18G - William K. Frase
18H - S. Michael Thompson - Kent County
18I - Kermit H. Justice, Secretary - Dept. of Transportation
18Ji - Datrina Butler
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. VanSant and unanimously carried.
PROCLAMATIONS
Great American Smoke Out
The City Clerk read into the record the following Proclamation:
WHEREAS, the Great American Smokeout is a lighthearted effort to encourage cigarette smokers to give up their habit for 24 hours on Thursday, November 19th; and
WHEREAS, the American Cancer Society will sponsor its 11th annual Great American Smokeout, a nationwide "holiday" for smoking; and
WHEREAS, the health benefits of not smoking are substantiated and well-known; and
WHEREAS, there are additional civic benefits such as a reduction of the risks of accidental fire and illnesses related to "passive smoking".
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim Thursday, November 19, 1987 as the day of the Great American Smokeout in Dover, and in so doing urge all cigarette smokers in the Community to demonstrate to themselves and their friends that they can quit if they wish.
Councilman Irving Levitt accepted the Proclamation on behalf of the Kent County Unit of the American Cancer Society.
Adoption Week
The City Clerk read into the record the following Proclamation:
WHEREAS, adoption is a viable method of building a family; and
WHEREAS, each year many Delaware families begin or add to their families through adoption; and
WHEREAS, many "special needs" children in Delaware become part of a permanent family through the commitment of adoption; and
WHEREAS, the Department of Services for Children, Youth and their Families is committed to finding families for children still in need of adoptive homes; and
WHEREAS, the Adoption Information Network, composed of private adoption agencies, parent groups and community organizations, is a voice advocating for these children and for the needs of adoptive families; and
WHEREAS, the week of Thanksgiving has been recognized as National Adoption Week for over a decade.
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the week of November 22-28, 1987 as
ADOPTION WEEK IN DOVER
and encourage the citizens to consider the challenge of adopting a "special needs" child.
RESOLUTION - COUNTY ASSISTANCE WITH PARAMEDIC PROGRAM
As directed by Council during the Council Meeting of October 26, 1987, the following Resolution was prepared and read into the record by the City Clerk:
WHEREAS, the City of Dover provides an outstanding paramedic service which offers highly skilled medical assistance to its recipients and has proven its immeasurable worth numerous times by the saving of lives due to the quick and efficient medical assistance rendered at the time of an emergency; and
WHEREAS, the cost of the paramedic service for just the past three years has grown from $308,460 for fiscal year 1985/86 to a budget of $419,801 for the 1987/88 fiscal year, which is subsidized exclusively by the City of Dover, with a nominal grant from Kent County amounting to $3,650 for fiscal year 1987/88; and
WHEREAS, this lifesaving service is paid for by the taxpaying residents of the City of Dover, although the service covers the outlying districts of Kent County; and
WHEREAS, exclusive financing of this program is becoming a financial burden to the City of Dover and its residents who are required to pay both City and County taxes with no tax relief from the County for any duplication of services; and
WHEREAS, the City of Dover's taxpaying citizens should not be expected to continue paying for the entire cost of a paramedic program that also serves residents of Kent County without some financial reimbursement from the County for the services provided to County residents by the City's taxpayers.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover would like to offer this life-saving service at an affordable charge to its users and hereby request that the Levy Court for Kent County grant funds to help subsidize the cost of operations for the paramedic program which could possibly result in the lowering of fees for all users of the paramedic service.
2. The Mayor and Council hereby request the Levy Court for Kent County to contribute a fair and equitable share of the costs of the paramedic program so that residents of the City of Dover are not bearing the complete expense of furnishing City services to residents outside of the taxpaying base of the City of Dover.
3. The Mayor and Council direct the City Clerk to furnish this Resolution to the Levy Court for Kent County, asking for their urgent action and written response to the City's request for financial assistance in providing this lifesaving service to residents of the County.
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: November 9, 1987
Mr. VanSant moved for adoption of the Resolution, seconded by Mr. Lynn and unanimously carried.
Mr. Weyandt suggested that a copy of the Resolution be sent to Kent General Hospital, with a cover letter requesting financial support from the hospital as well as from Kent County Levy Court.
Mr. Levitt voiced his strong support for the contents of the Resolution, stating that the City is providing top quality service that is saving the lives of many citizens and that members of the Levy Court have an obligation to the taxpaying citizens of the County to assist in subsidizing this program.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 26, 1987
The City Clerk requested that page 6, paragraph 5, of the Council Minutes of October 26, 1987 be amended to reflect that $57,750 will be utilized for the 1978 ambulance replacement. The minutes reflected an incorrect figure of $57,799.
The Minutes of the Regular Council Meeting of October 26, 1987 were unanimously approved, as amended, by motion of Mr. Christiansen, seconded by Mrs. Legates and bore the written approval of Mayor Carroll.
ADOPTION OF MINUTES OF QUARTERLY OPEN TOWN MEETING OF NOVEMBER 2, 1987
Mr. Richter expressed his appreciation to the public for their participation in the Quarterly Open Town Meeting, feeling that citizens communicated their problems and feelings very openly and candidly.
Mr. Weyandt moved for approval of the Minutes of the Quarterly Open Town Meeting of November 2, 1987 as submitted, seconded by Mrs. Legates and unanimously carried.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON THE EAST SIDE OF EDGEMONT AVENUE BETWEEN SPRING GARDEN AND MAPLE PARKWAY
A public hearing was duly advertised for this time and place to consider rezoning property located on the east side of Edgemont Avenue, between Spring Garden Lane and Maple Parkway, owned by Thomas E. Burton.
Mayor Carroll informed the public and members of Council that a letter was received from the owner of the property requesting that the rezoning be withdrawn.
Mr. Lynn moved to acknowledge receipt of the request for withdrawal, seconded by Mr. Christiansen and unanimously carried.
PUBLIC HEARING - PROPERTY LOCATED ON ROUTE #13, SOUTH OF ROOSEVELT AVENUE - HARRY S. DION
A public hearing was duly advertised for this time and place to consider rezoning property located on Route #13, south of Roosevelt Avenue, owned by Harry S. Dion.
Mayor Carroll declared the hearing open.
Mr. Norbert J. Schreckengast, President of H & L Realty, Inc., was present on behalf of his firm who is the equitable owner of the property. He explained that their original request would have rezoned approximately 16 acres from RG-3 to RG-2. After Planning Commission review, the request was modified to rezone from RG-3 to RG-2 only the westerly end of the parcel, containing approximately 8.05 acres. Mr. Schreckengast stated that the surrounding property is zoned RG-2.
The City Clerk reported that no correspondence was received relative to the rezoning request.
Mayor Carroll declared the hearing closed.
Mr. VanSant and Mr. Richter questioned Mr. Cregar on the exact divisional line on the portion of land recommended for rezoning by the Planning Commission. Mr. Cregar explained that the area to be rezoned is the westerly portion of the property, containing approximately 8.05 acres. A plan of the site is on file in the Planner's office.
It was suggested that maps depicting proposed rezoning sites be more definitive in the future.
Responding to questions by Mr. Richter, Mr. Cregar stated that entrances and exits will be from Roosevelt Avenue.
Mr. Weyandt moved for approval of the request to rezone approximately 8.05 acres of land located on the westerly end of Roosevelt Avenue, in conjunction with the recommendation of the Planning Commission. The motion was seconded by Mr. Christiansen and by a unanimous roll call vote, Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON ROUTE 13, SOUTH OF ROOSEVELT AVENUE (WESTERLY PORTION OF ROOSEVELT AVENUE CONTAINING APPROXIMATELY 8 ACRES).
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-3 to RG-2.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
I. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-3 to RG-2 on that property located on Route 13, South of Roosevelt Avenue (westerly portion of Roosevelt Avenue containing approximately 8.05 acres), owned by Harry S. Dion, M.D.
ADOPTED: November 9, 1987
PUBLIC HEARING - REZONING OF PROPERTY LOCATED AT THE NORTHEAST INTERSECTION OF MIFFLIN ROAD AND HAZLETTVILLE ROAD - CHARLES F.R. MIFFLIN AND WALKER F. MIFFLIN, JR.
A public hearing was duly advertised for this time and place to consider rezoning property located at the northeast intersection of Mifflin Road and Hazlettville Road, owned by Charles F. R. Mifflin and Walker F. Mifflin, Jr.
Mayor Carroll declared the hearing open.
Attorney Herman Brown was present representing the equitable owner, Frank Robino Associates, Inc. Mr. Brown stated that approximately 23 acres of the parcel is presently zoned R-8, with approximately nine (9) acres being presently zoned as IPM. The request is to rezone the entire parcel, approximately 32 acres, to a zoning category of RG-2.
The equitable owner has met with the Mifflin Road Civic Association in an attempt to eliminate any concerns they may have had in conjunction with development of the property. As a result, the equitable owner has agreed to deed restrict, as private open space, that portion of the property presently zoned as R-8 which will buffer the Mifflin Road homes from the industrial zone. Mr. Brown stated that residents of Mifflin Road are in favor of the proposed development by Frank Robino Associates, Inc.
Referring to the City of Dover Comprehensive Plan, Mr. Brown stated that a great deal of industrial zoning is located in the general area of the parcel requested for rezoning. He stated that there are 450 acres available for the IPM zoning category in Dover and it is his feeling that there is ample industrial property in the City of Dover. He further explained that the portion of the project proposed for apartments would be a continuation of the present Woodmill Apartments and would establish improved access for emergency vehicles.
Mr. Weyandt referred to the agreement to deed restrict, as open space, 23 acres of land, and questioned the necessity of rezoning if the land is to remain as undeveloped open space. Mr. Weyandt also objected to the homes being built with no buffer between the property proposed to be zoned as RG-2 and the property presently zoned as IPM. This would place the burden of providing a buffer on the developer of the IPM zone. It was Mr. Weyandt's feeling that Robino Associates should be required to provide a buffer between the residential property and the property zoned as IPM.
Mr. Brown stated that the requirement for a buffer would be known to the purchaser of the IPM property prior to development. He also stated that the same situation would exist on the R-8 parcel even if the property was not rezoned to RG-2.
Members of Council questioned the City Solicitor on the legality of the deed restriction and its possible affect on the City of Dover. Mr. Rodriguez stated violation of a deed restriction is a civil matter between the involved parties. The City of Dover would have no involvement in the proposed deed restriction.
Referring to Mr. Weyandt's question on the City's requirement for park land, or money in lieu of park land, as provided for in the Subdivision Regulations, Mr. Brown stated that it was the developer's feeling that the City of Dover would not be interested in maintaining another vacant piece of property. Mr. Cregar stated that there is a provision in the Subdivision Regulations, through the Site Plan review process, that provides for either dedicated land or payment in lieu of land. Mr. Brown felt that the residents would prefer that the land remain as vacant open space rather than having it developed into a park.
Responding to a question by Mr. Daisey on the necessity of rezoning the parcel of land which will be deed restricted to remain as open space, Mr. Brown stated that the parcel was not excluded because of the possibility of the appearance of contractual zoning. Since the parcel will remain as open space, it really makes no difference to the owner how the property is zoned.
Reverend Jonathan Seda, President of the Mifflin Road Civic Association, addressed Council on the proposed rezoning request. He stated that representatives of the Association have met with the equitable owners and that the Association supports the rezoning request. The concerns of the Association have been addressed and the residents are satisfied with the proposal. Relating to the aforementioned deed restriction, Reverend Seda stated that the residents are aware that any violation of the restriction would become a civil matter between the residents and the developer.
Mr. VanSant congratulated the developer and the Mifflin Road Civic Association on working together towards the directional growth of their community.
The City Clerk reported that no correspondence was received relative to the rezoning request.
Mayor Carroll declared the hearing closed.
Mayor Carroll reminded members of Council that a motion for approval could not include any reference to the deed restriction since the City of Dover has no enforcement power for deed restrictions.
Mr. Lynn referred to the following vote of the Planning Commission and questioned the legality of a motion declared carried, with only four (4) of the members voting affirmatively.
"Mr. Holt made the recommendation that this property be rezoned from its IPM and R-8 to RG-2. Seconded by Mr. Holmes. Voice vote was mixed. A roll call vote was conducted, four votes favored, three opposed (Mr. McKenna, Mr. Still and Mr. Hayes). Mr. Massey recorded as not voting. Chairman Houston declared the motion to recommend the rezoning carried."
He asked the Solicitor if the Chairman of the Planning Commission was considered as voting in the affirmative since he declared the motion as having passed.
Mr. Rodriguez stated he would research the rules governing voting procedures for the Planning Commission, although in this case, he would assume that the Chairman's vote was in the affirmative.
Mr. Richter reminded Council that the Planning Commission only makes recommendations to Council and felt that the point was moot, Mr. Richter also voiced objections to the rezoning since it does not coincide with the Comprehensive Plan, feeling that the City of Dover needs industry in this area and he felt it unfair to place the burden of a buffer on new industry.
Mr. Levitt requested that future reports by the Planner on rezonings contain the rationale behind negative votes.
Mr. VanSant moved to approve the rezoning request as recommended by the Planning Commission, with the understanding that the Chairman of the Planning Commission voted in the affirmative. The motion was seconded by Mr. Lynn.
Mr. Daisey moved to amend the motion to exclude from approval of the rezoning that portion of land that is presently zoned as R-8, seconded by Mr. Richter,
Mr. VanSant objected to the amendment, feeling that such exclusion comes very close to contractual zoning.
The amendment failed by a roll call vote of four (4) yes, four (4) no (Mr. Christiansen, Mr. Levitt, Mr. Weyandt and Mr. VanSant).
On a call for the question by Mr. Christiansen, the main motion to approve the rezoning request failed by a roll call vote of five (5) no, three (3) yes (Mr. Daisey, Mr. Christiansen and Mr. VanSant).
REZONING - PROPERTY LOCATED AT THE NORTHEAST INTERSECTION OF WEBBS LANE AND S. STATE STREET - JOHN KONSCHAK ESTATE
A public hearing was held on July 13, 1987 to consider a request for rezoning property located at the northeast intersection of Webbs Lane and S. State Street, owned by the John Konschak Estate. At that time, Council denied the request until such time that the City has a definite sewage plan for the area. The City Solicitor ruled that since the denial was conditional upon the submission of an acceptable sewage plan, the request could be reconsidered if the sewage plan problem is resolved.
Members of City staff met with Mr. George Chabbott, an equitable owner of the property, in an attempt to resolve the problem. Although a definite sewerage plan has not been agreed upon, there are acceptable alternatives available.
Mr. Christiansen moved to bring the Konschak Estate rezoning request back on the floor for discussion, seconded by Mrs. Legates and unanimously carried.
Mr. George Chabbott addressed Mayor and Council, stating that the original request was for a zoning category of C-1A. The zoning category was modified to RG-O by the Planning Commission and was agreed to by the owners. This parcel of land was annexed into the City a long time ago with the idea that both water and sewer would be available from the City. The original plans for development fell through and the property was subdivided per a submitted conceptual plan. City water was made available to the properties, although properties developed since annexation were forced to utilize individual septic systems since City sewerage was not available. Plans for the Route #13 by-pass have intervened in developmental plans for the parcel, with only eight (8) acres left from the old Rudnick Tract property, in addition to the six (6) acres of the Konschak Estate.
Two possible sewerage alternatives for the properties include extending an existing County sewer line from McDaniel Road, or to develop the parcel utilizing individual septic systems. If the first alternative was chosen, the developer would be required to extend the County sewer line, at their expense. In addition, it may be necessary to either install a metering installation in order to measure quantities of sewerage going into the County system, or work out an alternative utilizing water meter flows. Mr. Chabbott stated that the second alternative would be a very expensive option, for absorption by only five (5) lots. If the owners are forced to tie into the County, Mr. Chabbott feels that it should be done by a shared cost agreement with the City. Mr. Chabbott also voiced concern of the present 8" sewer line being large enough to serve the area. Mr. Chabbott reminded Council that their requirement for submittal for sewerage plans has been met. The actual decision of which plan will be chosen should take place at the time of Site Plan approval. Mr. Weyandt asked if it would be possible for the City to install the necessary sewer lines and assess the adjoining property owners, eliminating the need for individual septic systems. Mr. Bartolotta stated that the City could perform the work as a special assessment project and assess property owners. However, there are four or five new businesses in this area that would have to pay for a sewer system that they cannot use since they installed septic systems at the time of construction. Also, staff does not recommend extending a sewer line for an undeveloped parcel of land (remaining undeveloped eight acres of Rudnick Tract).
Mr. Weyandt moved to approve the request for rezoning to RG-O as recommended by the Planning Commission, with the sewage plan to be considered during Site Plan approval. The motion was seconded by Mr. Daisey.
Mr. Richter objected to approving the rezoning request prior to approval of an acceptable sewage plan.
By a roll call vote of four (4) yes, four (4) no (Mr. Richter, Mr. Lynn, Mr. Christiansen and Mr. Levitt), the motion failed for approval of the rezoning request.
1987/88 BUSINESS LICENSE LISTINGS
The Building Inspections Director/Planner submitted a listing of the 1987/88 City of Dover business licenses. Mayor Carroll reminded members of Council to inform Mr. Roe's office of any persons known to them that may be operating a business in the City without the proper licenses.
Mr. Weyandt moved for acceptance of the 1987/88 Business License Listings, seconded by Mrs. Legates and unanimously carried.
PARKS AND RECREATION COMMITTEE REPORT
The Parks and Recreation Committee met on October 27, 1987 with Chairman Legates presiding.
Long Range Recreation Plan
Members of City staff presented the first of three proposed workshops dealing with a Long Range Recreation Plan for the City of Dover. The first workshop covered the philosophy and history behind the City's recreation programs, beginning with the 1929 Charter to the present recreation program maintained by the City.
Mrs. Legates invited all members of Council to attend future workshops. The material to be covered will assist Council members in making decisions on the future direction of the Parks and Recreation program.
Mr. Lynn moved for approval of the Parks and Recreation Committee Report as submitted, seconded by Mr. Levitt and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on October 27, 1987 with Chairman Legates presiding.
Parking on Legislative Avenue - Between Duke of York and Loockerman Streets - Earl McGinnes
The Safety Advisory Committee considered a request by Earl McGinnes to eliminate parking spaces on the northbound side of Legislative Avenue, between Duke of York and Loockerman Streets, due to increased traffic in this area.
It was the opinion of Police Department staff that elimination of the parking spaces would serve no real purpose except to speed up traffic, creating an even greater safety problem. The right turn will accommodate 14 vehicles, which the Police Department feels is adequate.
Based on the recommendation of the Police Department, the Safety Advisory Committee recommended that the request be denied.
Mrs. Legates moved for acceptance of the committee's recommendation to deny the request for elimination of parking spaces on the northbound side of Legislative Avenue, between Duke of York and Loockerman Streets. The motion was seconded by Mr. Daisey and unanimously carried.
Parking on Queen Street - In Front of Queens Manor Apartments - Patrick Knight
Mr. Patrick Knight requested that the committee consider elimination of parking spaces in front of Queens Manor Apartments, on the east side of S. Queen Street, between Bank Lane and Dupont Street. Mr. Knight feels that vehicles entering or crossing S. Queen Street have inadequate visibility of on-coming vehicles.
Captain Hutchison explained to the committee that the streets in this area are very wide. The present yellow curbing in front of Queens Manor Apartments is marked very clearly, leaving 38' from Bank Lane to the first parking space on S. Queen Street. It is the feeling of Police Department staff that the present restriction is sufficient, recommending that motorists enter this intersection with caution, as with all other intersections.
Based on the recommendation of Police Department staff, the Safety Advisory Committee recommended that Mr. Knight's request be denied.
Mrs. Legates moved for approval of the committee's recommendation to deny the request of Mr. Patrick Knight to eliminate additional parking in front of Queens Manor Apartments. The motion was seconded by Mr. Lynn and unanimously carried.
Request for Stop Sign - Morris Drive and Orchard Avenue - Nick Pedano
A request was considered by The Committee from Mr. Nick Pedano for the placement of a stop sign at the intersection of Morris Drive and Orchard Avenue.
Captain Hutchison voiced support for the request, explaining that this area has grown considerably over the past several years, with no present traffic control devices. The need for a stop sign at this intersection has developed and he recommended approval.
The Safety Advisory Committee recommended approval of the request by Mr. Pedano for a stop sign at Morris Drive and Orchard Avenue.
Mrs. Legates moved for approval of the committee's recommendation to place a stop sign at the intersection of Morris Drive and Orchard Avenue, seconded by Mr. Daisey and unanimously carried.
Mr. Weyandt moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on November 2, 1987 with Chairman Weyandt presiding.
Proposed Amendment to Personnel Policy - Required Prior Notice of Intent to Retire
Section 22 (d) of the Personnel Policy states that "In order to qualify for Terminal Leave, an employee must request leave a minimum of six months prior to the employee's retirement date, unless waived by either the Civilian or Police Pension Committee." Terminal leave, which consists of accumulated unused sick and vacation days, can be in excess of six months for some employees. An employee with six months of Terminal Leave to their credit could give little or no notice and still be in compliance of the Personnel Policy.
It was recommended by the Police and Civilian Pension Committees and by the Legislative and Finance Committee that Section 22 (d) of the Personnel Policy be stricken and that a new paragraph be inserted to read as follows: "An employee must request retirement a minimum of forty-five (45) days prior to the last day worked unless waived by either the Civilian or Police Pension Committee."
Mr. Weyandt moved for approval of the change as recommended by the Police and Civilian Pension Committees and the Legislative and Finance Committee, seconded by Mr. VanSant. The motion was carried by a unanimous roll call vote.
Review of Demolition Ordinance
By request of the Legislative and Finance Committee, the City Solicitor rendered an opinion on the present demolition ordinances and possible changes to require interior repairs within a designated time frame.
In summary, the Solicitor recommended that Council not amend the Dangerous Building Ordinance to require an owner, who has complied with the required repairs so that the building is no longer a dangerous building under the Ordinance, to further be required to bring the building up to Code standards within a set period of time so that a certificate of occupancy can be issued. It is Mr. Rodriguez's feeling that such an amendment would not meet the required constitutional tests.
Based on the opinion of the City Solicitor, the committee recommended no further action on the proposal.
Referring to property located on Loockerman Street, owned by Aleck Taylor, Mr. Christiansen questioned the Solicitor on the steps of litigation taken by the City for demolition of the structure.
Mr. Rodriguez stated that he would research the circumstances surrounding the Aleck Taylor condemnation.
Municipal Lien Docket - Recording of Liens
The committee discussed the City's present practice of recording City liens in the Municipal Lien Docket. Upon property transfers, realtors and/or attorneys are supposed to contact the City to verify that a lien is not placed against the property prior to settlement. The liens are not presently recorded with the Kent County Recorder of Deeds.
Mr. Weyandt informed the committee of a personal experience where he purchased a property and was totally unaware of an existing City of Dover lien. Since municipal liens are not recorded with the Recorder of Deeds, Mr. Weyandt feels that liens outlined in the Municipal Lien Docket are sometimes forgotten when a lien search is performed.
The committee directed the City Solicitor to investigate the City's present practice of recording liens in the Municipal Lien Docket and the possibility of having municipal liens recorded with Kent County.
Mr. Weyandt stated that an opinion has been rendered by the Solicitor which will be considered by the committee during their December committee meeting.
Mr. Lynn moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mrs. Legates and unanimously carried.
AMENDMENT TO DEMEC INTERCHANGE AGREEMENT
During the Council Meeting of October 26, 1987, Council considered proposed amendments to the DEMEC Interchange Agreement and directed the City Manager to submit the formal Amendment for Council approval.
Mr. Richter moved for approval of the following Amendment to the DEMEC Interchange Agreement effective October 1, 1987. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote:
AMENDMENT TO POWER PURCHASE AGREEMENT BETWEEN THE CITY OF DOVER
AND THE DELAWARE MUNICIPAL ELECTRIC CORPORATION
This Amendment made and entered into this day of A.D. 1987, by and between the CITY OF DOVER, a municipal corporation of the State of Delaware, hereinafter referred to as "Dover," and the DELAWARE MUNICIPAL ELECTRIC CORPORATION, a corporation of the State of Delaware, hereinafter referred to as "DEMEC."
W I T N E S S E T H
WHEREAS, Dover and DEMEC entered into a Power Purchase Agreement dated June 23, 1986, and whereas, said Agreement has been implemented since said date; and
WHEREAS, the parties desire to amend said original Agreement in two respects;
NOW, THEREFORE, the parties hereby mutually agree to amend said Agreement as follows:
1. Article 3, Section 3.1, is amended by adding the following:
DEMEC shall schedule its maximum amount of capacity it expects to take during the following month and the City will indicate its willingness to supply up to and including that amount of capacity as it has in the past. Once scheduled, as aforesaid, the actual billing demand for the month will be based on the maximum hourly demand scheduled by DEMEC dispatchers during the month, which capacity may be scheduled on an hourly basis in addition to the monthly schedule.
2. Article 7, Section 7.3, is amended by striking the twenty percent (20%) surcharge and inserting in its place an eighteen percent (18%) surcharge.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written.
CITY OF DOVER
BY:
CRAWFORD J. CARROLL, Mayor
ATTEST:
City Clerk
DELAWARE MUNICIPAL ELECTRIC CORPORATION
BY:
President
ATTEST:
Secretary
NOTICE OF DATE CHANGE FOR DECEMBER UTILITY COMMITTEE MEETING
Mr. Richter, Chairman of the Utility Committee, informed members of Council that the December Utility Committee Meeting has been scheduled for December 15, 1987. It was necessary to reschedule the meeting from the normal meeting date due to conflicting commitments of the chairman.
SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY
City Manager Bartolotta submitted the semi-annual inspection of the Robbins Hose Company. Mr. Bartolotta reported on current projects of the fire department, emphasizing that the Fire Department operations were found to be in excellent shape.
Mr. Lynn moved for acceptance of the report as submitted, seconded by Mrs. Legates and unanimously carried.
PROPERTY REVALUATION PROJECT UPDATE
City Assessor Lucas reported that the property revaluation project, undertaken by his office, has progressed well and that they are now ready to print and mail the forms to property owners. He requested approval to begin the mailing process for notices.
Mr. Weyandt objected to the mailing of notices before members of Council have an opportunity to review the methodology utilized by the Assessor in the revaluation. Other members of Council noted that they have visited the Assessor's office to familiarize themselves with the proposal. If the City goes forward with mailing the notices without additional Council review, Mr. Weyandt feels that Council will be gravely sorry. He cited the current economy and present tax laws, on top of increased property taxes from the City of Dover, as reasons for confusion and dissatisfaction by our citizens.
Questioned by Mr. Christiansen, Mr. Lucas stated that he feels very comfortable with the revaluation project and figures. He reminded Council that citizens will have the right of appeal on assessment.
Mr. VanSant stated that although property values have increased, the tax rate will be set according to the needs of the City and would probably be lowered.
Mr. Richter voiced his opinion that revaluations should be performed every year to eliminate excessive increases in property values which occurs when a revaluation is held off for too many years.
Mr. Richter stated two reasons for tax assessment: one being equity among taxpayers so that everyone, pays a fair share; and the second is to obtain a value of the City of Dover. He stated the importance of taxpayer equity and of keeping the value of the City as current to its actual value as possible. The tax rate is set dependent upon the amount of money needed and he felt that the 1988 tax rate would be lowered, based upon the new figures derived from the revaluation project.
Questioned by Mr. Christiansen on a ceiling of increased revenues, Mr. Lucas stated that the City can generate no more than a 15% increase in revenue over the previous year before reassessment, excluding any building permit activity during that year.
Mr. Daisey suggested a thirty (30) day delay to allow members of Council an opportunity to further review the contents of the revaluation project.
Mr. Richter objected, feeling that nothing could be accomplished by a delay since all possible information on the revaluation project has already been made available to members of Council.
Mr. Levitt moved to authorize the City Assessor to move forward with the printing and mailing of notices of new values to City property owners. The motion was seconded by Mr. Richter and carried with Mr. Weyandt and Mr. Daisey voting no.
VOTER REGISTRATION SYSTEM
The City Clerk submitted a memorandum to members of Council containing information on the recent merger of voter registration records between the City of Newark, Delaware and the New Castle County Board of Elections. The memorandum contained general information on the merger, along with a copy of the formal agreement between the two parties. The City Clerk requested Council authority to partake in discussions with the Election Commissioner's Office and with Kent County Board of Elections relative to the possibility of single registration for the City of Dover.
Mr. Richter commended the City Clerk on the report and moved that Council endorse the concept of single registration, directing the City Clerk to proceed with discussions in an attempt to bring an agreement before Council for consideration. The motion was seconded by Mr. Levitt.
Mr. Weyandt voiced his support for Mr. Richter's motion, but suggested that this matter be referred to the Legislative and Finance Committee for consideration along with other possible Charter changes.
As makers of the motion, Mr. Richter and Mr. Levitt agreed to amend the motion, referring the matter to the Legislative and Finance Committee for discussion during their November 17, 1987 meeting which is scheduled for the purpose of discussing proposed Charter changes. The motion, as amended, was unanimously carried.
REZONING REQUEST - PROPERTY LOCATED ON THE EASTERLY SIDE OF U.S. ROUTE