REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on August 24, 1987 at 7:30 p.m. with Vice Mayor Richter presiding. Members present were Councilmen Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant. Mayor Carroll was absent.
Staff members present were Inspections Director/Planner Roe, Assistant City Manager Worley, City Assessor Lucas, Chief Klenoski, Solicitor Rodriguez and City Clerk Bittner.
The invocation was given by the Reverend J. H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Vice Mayor Richter requested additional agenda items under correspondence to consider letters from the National League of Cities and from Ms. Ruth Tee.
Mr. Weyandt requested that item #8 (a) be added to the agenda to discuss a proposal on vacant City properties.
Mr. Weyandt moved for approval of the agenda as amended, seconded by Mr. VanSant and unanimously carried.
ADOPTION OF MINUTES
Mr. VanSant requested that the Regular Counci1 Meeting Minutes of August 10, 1987 reflect that his negative vote, under the City Planner's request for vacation, was cast with "tongue in cheek".
Mr. Christiansen moved for approval of the minutes of the Regular Council Meeting of August 10, 1987, with Mr. VanSant's request so noted. The motion was seconded by Mr. Lynn and by unanimous vote the Minutes of August 10, 1987 were approved and bore the written approval of Mayor Carroll.
MONTHLY REPORTS - JULY
By motion of Mr. Weyandt, seconded by Mrs. Legates, Council unanimously adopted the following monthly reports for July:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager Report
J.P. Court #7 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
Mr. Weyandt requested that the Parking Authority report be listed on Council agendas, under monthly reports, so that Council can discuss the contents of the report during their meeting.
WHITEOAK ROAD ANNEXATION RESULTS
As certified by County Election officials, the City Clerk reported an annexation referendum vote for properties on Whiteoak Road, as follows:
Referendum #1 (Delmarva Broadcasting Property Only)
- 1 Vote FOR Annexation
- 0 Votes AGAINST Annexation
Referendum #2 (Delmarva Broadcasting Property and Others)
- 12 Votes FOR Annexation
- 0 Votes AGAINST Annexation
Mrs. Legates moved for approval of the annexation referendum results, seconded by Mr. Lynn and unanimously carried.
Mr. VanSant reiterated previous objections to annexing property into the City that creates an island of City property. He also voiced his feelings that the City is not treating all annexation applicants equitably.
Mr. Christiansen moved that Delmarva Broadcasting Property and Others, as approved in Referendum #2, located on Whiteoak Road, be annexed into the corporate limits of the City of Dover, seconded by Mr. Lynn and by a roll call vote of six (6) yes, one (1) no (Mr. VanSant), Council adopted the following resolution:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous of the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held during the 127th General Assembly, Special Session 1973 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment of the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory' within the limits of the City of Dover, the Council shall thereupon adopt the resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area situated in Little Creek Hundred, Kent County, state of Delaware and more particularly described and bounded therein shall be annexed to and included within the limits of the City of Dover:
All that certain parcel of lands lying on the north side of White Oak Road in the Little Creek Hundred, Kent County, State of Delaware, and being more particularly described as follows:
Beginning at a point in the northerly line of White Oak Road, said point being located approximately 255.68 feet southwest of the intersection of White Oak Road and Long Point Road, thence with the northerly line of White Oak Road in a southwesterly direction a distance of 1076.61 feet to a point in the northerly line of White Oak Road at a corner for lands of Ethel and Parent Deshields, thence running in a northwesterly direction a distance of 181 feet to a point in the centerline of a ditch, thence with said ditch in an easterly direction a distance of 64 feet to a point at a corner for lands of Delmarva Broadcasting Services, thence with said lands in a northwesterly direction a distance of 474.74 feet to a point at a corner for this parcel in line of lands of Sunshine Builders, thence with said lands in a northeasterly direction a distance of 1028.73 feet to a point at a corner for lands of George Massey in line of lands of Ervin Voshell, thence with said lands of Voshell in a southeasterly direction a distance of 565.41 feet to the point and place of beginning. Containing 14.675 acres, more or less.
2. That the certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 25th day of August, 1987 at 12:01 a.m. o'clock.
ADOPTED: August 24, 1987
REQUEST FOR TAX EXEMPTION - PRESBYTERIAN HOMES, INC.
Mr. Weyandt moved that the matter of a request for tax exemption by Presbyterian Homes, Inc. be removed from the table for discussion. The motion was seconded by Mr. VanSant and unanimously carried.
Mr. Weyandt stated that further discussions are required with the City Solicitor in an executive session and moved that action be tabled and that an executive session be added at the end of the meeting to enable Council discussion on this matter with the City Solicitor. The motion was seconded by Mr. VanSant.
In view of the fact that representatives of Presbyterian Homes, Inc. were present at the meeting, Mr. Christiansen suggested that Council recess into executive session to discuss the tax exemption request and that official action be taken on the matter upon reconvening of the normal Council Meeting.
Mr. VanSant objected to Mr. Christiansen's proposal, feeling that normal Council business should be completed prior to convening in executive session.
Mr. Lynn suggested that representatives of Presbyterian Homes, Inc. be given some information on Council's discussion at the end of the executive session. Presbyterian Homes' representatives agreed to the suggestion and Vice-Mayor Richter invited them to remain in the building until Council discussions are complete.
On a call for the question by Mr. Weyandt, the motion to table action on the request and to hold an executive session upon adjournment of the Regular Council Meeting to discuss the matter was approved with Mr. Christiansen voting no.
PROPOSAL BY PARKS AND RECREATION COMMITTEE - LONG RANGE RECREATION PLAN
Mrs. Legates stated that during the Parks and Recreation Committee meeting of July 28, 1987, Mr. Lynn suggested that the City give thought towards a Long Range Recreation Plan so that staff could have some sense of direction from Council in planning future recreational programs. It was recommended by the committee that a program be devised for a Long Range Recreation Plan, as called for in Section 6.8 and 6.9 in the Comprehensive Plan.
Mr. Lynn elaborated on his recommendation, feeling that an in-house long range recreation plan is necessary and should include information on the cultural needs of the community as well as recreational needs.
Mr. Richter suggested that a scope of work be performed to define the needs of the Plan to facilitate staff in performing the in-house study.
Mr. Lynn moved that staff be directed to work with members of the Parks and Recreation Committee to devise a Scope of Work for a Long Range Recreation Plan for the City of Dover. The motion was seconded by Mr. VanSant and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on August 12, 1987 at the McKee Run Power Plant with Mr. Richter presiding.
Streets - Mayfair/Crossgates Area
The City Manager updated information on the schedule for resurfacing of streets in the Mayfair/Crossgates area, noting that the City plans to resurvey all streets during the winter of 1987/88 since some of the street conditions may have changed since the last survey. He also informed the committee that weeds growing in cracks of streets have been sprayed during the past two weeks.
The committee recommended no action on the matter.
Available Funds in Street Resurfacing Project for Edgehill Avenue
As directed by the Utility Committee, the City Manager offered the following funding plan for the proposed street resurfacing project which includes Edgehill Avenue and miscellaneous curb work:
G.O. Bond Issue $400,000
1986/87 Encumbered Funds 56,500
1987/88 Budgeted Curb Funds 22,000
Additional Municipal Street Aid 15,540
Additional Revenue Sharing 5,340
Delay Hiring Street Position - 6 Months9,208
Reduce Budgeted Surplus 15,153
Total $523,741
The committee endorsed the funding program and recommended that it be referred to the Legislative and Finance Committee for budgetary purposes.
Mr. Christiansen voiced objections to requiring citizens to move their vehicles for street sweeping purposes when the streets are only being swept sporadically. He suggested that parking prohibitions for street sweeping be suspended until the program is back in full operation.
Mr. Weyandt moved to direct the City Manager to submit to the Utility Committee a full report on the schedule for street sweeping and on how closely the schedule has been adhered to. The motion was seconded by Mr. VanSant and unanimously carried.
Acceptance of Streets and Utilities in Heatherfield, Phase I
City staff has inspected the streets and utilities in Heatherfield - Phase I, and required repairs have been made by the developer with the exception of the wastewater pumping station. The pumping station is in need of cleaning and a fence will be constructed around the pumping station with a housing constructed over the station itself.
Based on the recommendation of staff, the committee recommended acceptance of the streets and utilities in Heatherfield - Phase I, with the exception of the pumping station.
Mr. Weyandt moved to accept the streets and utilities in Heatherfield - Phase I, with the exception of the pumping station. The motion was seconded by Mrs. Legates and carried by a unanimous roll call vote.
Mr. Richter reported having inspected the streets in Heatherfield, feeling that they are very well constructed and commended the Public Works Department on the new street standards.
Mayfair Apartments - Private Utilities
The committee considered a request by Mayfair Apartments for the City to accept their private utilities. It is the current policy of the City not to allow private mains, regardless of whose property it is on. In the case of apartment complexes or condominiums, the City is provided an easement, allowing access to the mains when necessary. The property owner continues to maintain all service
lines between the main and the building.
In order for the City to have complete control of all mains and any required connections for Mayfair Apartments, the Utility Committee recommended that the City accept the water utility mains serving Mayfair Apartments.
Mr. VanSant moved that the City accept the water utility mains, exclusive of service lines, serving Mayfair Apartments. The motion was seconded by Mr. Levitt and carried by a unanimous roll call vote.
Kent County Industrial Park - Request to Waive Sidewalk Requirements
The Kent County Industrial Park Development Authority requested that the City waive sidewalk requirements for the Kent County Industrial Park to be located on Horsepond Road.
City staff felt that there would be very little pedestrian traffic between sites at the Industrial Park and, therefore, recommended that the request to waive the sidewalk requirement be approved.
It was the recommendation of the Utility Committee that the requirement for sidewalks be waived for the Kent County Industrial Park, located on Horsepond Road, stipulating that the City Manager inform the Kent County Industrial Park Development Authority that the City could require the installation of sidewalks in the future.
Mr. Weyandt moved for approval of the recommendation of the Utility Committee to waive the requirement for the sidewalks, stipulating that the City can require the installation of sidewalks in the future. The motion was seconded by Mr. Lynn and carried by unanimous roll call vote.
Bids - Relay Design and Drafting Services - General Scott Substation
Detailed drawings are required for the interconnection of General Scott distribution substation with the North Street transmission substation. Approximately 20 drawings are required for the relaying and control with five more for the Supervisory (SCADA) connections. If the drafting and design work is performed by City staff, completion of the project will be delayed for at least a year.
The new substation is designed to relieve some of the load from the west Dover area which is where the major growth of the City is taking place.
Due to previous work performed for the City, Downes Associates is very familiar with the North Street Substation. During the 1983 blackout, Downes Associates performed extensive rewiring, but they were not requested to prepare "as built" drawings. This organization has been paid $20,000 to assemble the data and prepare preliminary drawings. It has been decided that City staff can complete the SCADA drawings, but the remaining work, in the amount of $24,000, should be performed by Downes Associates.
It was the recommendation of the committee that a contract be awarded to Downes Associates in the amount of $24,000 to complete the design drawings for General Scott and North Street Substations, stipulating that City staff attempt to better plan for projects so that change orders and additional funding will not be necessary in the future.
Mr. VanSant reiterated concerns of committee members that, in the future, staff should plan better for projects of this nature.
Mr. Weyandt moved for approval of the committee recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote.
Bid - Gasoline and Fuel Oil
The City's contract for regular and unleaded gasoline, #2 diesel and #2 fuel oil expires on August 31, 1987. Bids were received from Carl King and Edward West. Bids were based on a verifiable tank wagon price on a specified date, less constant discount, plus local delivery charge. Tank wagon prices are variable with constant local delivery charges. The specifications stated that the City reserves the right to reject any or all bids and may elect to purchase under the State of Delaware contract. Therefore, State of Delaware contract prices were also compared in the bid evaluation.
It was noted by staff that prices are variable and will change throughout the life of the contract.
Upon staff review of all bids and the State contract prices, it was the recommendation of the committee that approval be given to purchase unleaded gasoline for the Warehouse from Carl King and that regular gasoline, #2 diesel and #2 fuel oil be purchased under the State of Delaware contract.
Mr. VanSant moved for approval of the recommendation of the committee, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Amendment to Electric Service Handbook
Due to changes in procedures, staff felt it necessary to update certain sections of the Electric Service Handbook. The policies are not being changed, but the proposals are for the purpose of clarification.
It was the recommendation of the committee that the following changes be made to the City of Dover Electric Service Handbook:
1. Addition of Dover Service Area map.
2. Addition of Electric Service Coordinator/location and phone number.
3. Page 27 - Addition
R. SENSITIVE ELECTRONIC EQUIPMENT
497 Sensitive electronic equipment (computers, industrial process controller, etc.) should be protected from electrical noise and power surges. Since many of these power disturbances are not controllable (lightning, static electricity, etc.) it is recommended that power conditioning equipment is used to insure product reliability.
REASON: Protecting the City from liability for damaged electronic equipment caused by power surges.
4. Page 30 - Addition also Page 32, C. 530
B. METER LOCATIONS
515aEach meter socket in a multi-meter installation area must have distinct, clearly visible identification as to the location to which service is supplied. Meters shall not be installed by the City until identification is completed.
REASON: The Electric Department must know which meter socket serves the respective apartments, office, store, etc.
5. Page 31 - Additions
B. METER LOCATIONS
521 Customer's primary service extension will be underground, installed and maintained totally at the customer's expense.
522 Customer will provide an approved padmounted enclosure to house the metering equipment. Customer will mount the metering equipment (supplied by the City) in this enclosure.
523 In an overhead distribution area, the city may, as an exception, approve the installation of an overhead poleline as the customer's primary service extension, installed and maintained totally at the customer's expense. The City, in this case, may elect to install the metering equipment on the City's last pole at the Customer's service point. Otherwise the customer will provide the structure necessary for installation of metering facilities.
REASON: This is a more explicit description of what the current City policy states.
Mr. VanSant moved for approval of the above changes to the City of Dover Electric Service Handbook as recommended by the committee, seconded by Mr. Lynn and unanimously carried.
Insurance Claim - The Nuts Restaurant
Mr. Richter informed Council that the City Manager was instructed to report back to the Utility Committee on the decision of the City's insurance carrier relative to a claim for electrical damages by The Nuts Restaurant. The Nuts Restaurant incurred damage to air conditioner units resulting from low voltage. The City's rules and regulations require that businesses have phase protection which The Nuts does not have. The insurance carrier has denied coverage for other similar claims because the business did not have phase protection.
The committee discussed the fact that City employees were opening and closing switches near The Nuts on the morning of the incident which could have had some bearing on the claim. Based on this information, the insurance company has agreed to review the claim a second time. The committee also suggested that City staff make an attempt to better inform the public of the requirement for phase protection equipment.
Sidewalk Replacement Program Update
The City Manager updated the committee on the sidewalk replacement program, stating that property owners in the target area for sidewalk replacement program were given a choice of one of the following methods for repairs/replacement:
(1) Replacement of brick sidewalks on concrete by the City with costs assessed to property owner
(2) The property owner can elect to install a regular concrete sidewalk
(3) The property owner can replace the brick sidewalk on a sand bed
Property owners were given thirty (30) days to have the work completed or to have a signed contract for the necessary work. If the requirements are not met by the thirty (30) day deadline, the City will perform the work and the property owner will be charged.
The City intends to change the specifications for future sidewalk programs to allow the City to replace brick sidewalks on a sand bed as well as the present practice of replacement on concrete.
Power 2000 Planning Process
The City Manager presented the first of five workshops in the Power 2000 Planning Process. The purpose of the workshops is to familiarize Council with key issues concerning the electric system as they relate to future planning. Four additional workshops are scheduled and all members are urged to attend the workshops.
Mr. VanSant commended staff on the presentation of the Power 2000 Planning Process Workshop and he encouraged members of Council to participate in future workshops.
Mr. Weyandt moved for approval of the Utility Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
VACANT CITY PROPERTIES
A second list of vacant City properties has been submitted for review by the City Assessor. Mr. Weyandt requested that members of Council examine the list and stated that a meeting of the Committee of Committees will be scheduled during the month of September for final review of all vacant City properties.
CORRESPONDENCE
Permission to Use Temporary Mobile Classroom Unit - Faith Elementarv School - Bennie L. Smith
A letter was received from David N. Jones, Administrator of the Faith Elementary School, requesting permission to utilize a mobile classroom trailer to be utilized for kindergarten and first grade students at their school which is located at 1790 N. duPont Highway. This property is owned by Bennie L. Smith, who also wrote a letter giving his permission for the request on a temporary basis. Faith Elementary School is in the process of building a new, larger building for their school for future years and is requesting permission for the mobile classroom for the 1987-88 school year only.
Mr. Roe explained that he was forced to deny the request because of City Code requirements, but that Council could waive the Code requirements and make a special exception if they so desired.
Mr. Weyandt moved that the City Planner be authorized to approve the request, under the same conditions that were set for approval of a similar request by the Capital School District, stipulating that approval is given for the 1987/88 school year only, and that the trailer must be properly screened. The motion was seconded by Mr. Daisey and carried by a unanimous roll call vote.
Request to Display Banner on Governors Avenue - Robbins Hose Company
Douglas DeGraves, Fund Drive Committee for the Robbins Hose Company, requested permission to display the Robbins Hose Company Fund Drive banners across Governors Avenue from September 21st through October 30th. The banners will be attached at their yellow/red flashing light locations.
Mr. Weyandt moved for approval of the request, stipulating that requirements for liability coverage must be met. The motion was seconded by Mr. Lynn and carried with Mr. Christiansen not voting.
Children Playing on City Lot in Towne Point - Robert and Carolee Pocius
Mr. & Mrs. Robert Pocius of 206 Nimitz Road wrote to Council expressing their opposition to children being permitted to play on a City owned parcel of land located on the east side of Nimitz Road, near Whiteoak Road, feeling that the play activities of children should be directed to utilization of the Williams Park or the Dover Park. In addition to the objections to the noise and trash generated by the children, Mr. & Mrs. Pocius are also concerned with the safety of children playing so close to vehicular traffic and the potentially dangerous buildings, fences, etc. found on this lot.
Mr. VanSant moved for referral to the Parks and Recreation Committee, seconded by Mr. Christiansen and unanimously carried.
Clean Air Working Group - Request for Council's Support of Opposition to Proposed Clean Air Bill
A letter was received from Earl W. Mallick, Chairman of the Clean Air Working Group, requesting Council's support for opposition to the proposed Clean Air Bill. His organization agrees that something must be done to prevent unjustified sanctions of the current law from being imposed and to put in place a policy which allows cities to make continuing progress toward meeting clean air standards without disrupting the social and economic fabric of the community. Mr. Mallick urged the Mayor and Council to contact their senators to express opposition to the legislation in its current form.
Mr. VanSant moved to refer the request to the City Manager for his review and recommendation, seconded by Mr. Lynn and unanimously carried.
Quality of Life Legislation - Information Only
Inspections Director/Planner Roe submitted copies of Quality of Life Legislation and the status of the various House Bills for Council's information. Mr. Roe stated that the list contains House Bills that could impact planning and land use.
Mr. VanSant suggested that the Planner continue to keep Council informed of the status of any legislation that could impact the City concerning planning or land use.
City of Dover Code Violations - Ms. Ruth Tee
Ms. Ruth Tee addressed a letter to Mayor and Council reiterating concerns of City Code violations in the Edgehill area; i.e. flatbed truck parked on Whiteoak Road obstructing vision at Greenhill Avenue, insufficient and improper trash collection, City cutting overgrown bushes in alleys which she feels should be done by property owners, Code violations of the Johnson property on Whiteoak Road, and placement of a shed on a lot fronting Edgehill Avenue behind Slaughter's Cars Sales.
Mr. Christiansen suggested that a member of Council work with Ms. Tee to assist her in working with staff to resolve the problems outlined.
Mrs. Legates moved that the matter be referred to the City Manager for appropriate action, seconded by Mr. VanSant and unanimously carried.
National League of Cities - Second Annual Cable Television City Videos Competition
A letter was received from Alan Beals, Executive Director of the National League of Cities inviting the City to participate in the Second Annual Cable Television City Videos Competition. This is an opportunity for our local cable television company officials and the City telecommunications professionals to work together to promote our City. The deadline is January 31, 1988 to produce a five (5) minute video tape capturing the spirit of our City. Portions of the video from winning entrants will be shown on the Arts and Entertainment Network in 1988 to commemorate the Bicentennial of the U.S. Constitution and the American Spirit.
Mr. Worley stated notification of interest is required by September 1, 1987 and that Mayor Carroll would like Council's support in allowing staff to complete the entry form which is a request for updated, detailed information.
Mr. Levitt moved that Council support the concept and that the matter be referred to the Utility Committee for detailed review and proposed coordination of the project with Storer Cable Communications. The motion was seconded by Mr. Lynn and unanimously carried.
Mr. Weyandt moved for adjournment into executive session, seconded by Mr. VanSant and carried with Mr. Christiansen voting no.
Meeting Adjourned at 8:35 P.M.
DEBRAH J. BITTNER
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 24, 1987, are hereby approved.
JOHN E. RICHTER
VICE MAYOR
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