REGULAR MEETING
The Regular Meeting of Council was held an March 23, 1987 at 7:30 p.m. with Mayor Carroll presiding. Members present were Councilmen Richter, Legates, Lynn, Christiansen, Weyandt, and VanSant. Mr. Ambruso and Mr. Witt were absent.
The invocation was given by the Reverend J. H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Richter requested an additional agenda item for an executive session immediately following adjournment of Council to discuss personnel matters.
Mayor Carroll noted additional information received and requested adding letters and petitions concerning the parking ban on S. State Street; a letter from Whatcoat Social Services concerning the Ruth N. Dorsey Relief Shelter; and correspondence from Mrs. Margaret Storey with the First State Bicentennial Chorus.
Mr. VanSant requested an additional agenda item to consider a letter written by Councilman Christiansen concerning the electric service charge now shown on electric bills.
Mr. Weyandt moved to approve the agenda as amended, seconded by Mr. Christiansen and unanimously carried.
RESOLUTION - SPRING CLEAN UP
By motion of Mr. Weyandt, seconded by Mr. Lynn, Council unanimously adopted the following Resolution (with Mr. Ambruso and Mr. Witt absent):
WHEREAS, the Mayor and Council desire to place special emphasis on a clean and beautiful City, and
WHEREAS, traditionally in May there is a period set aside to honor the past and heritage of the City and
WHEREAS, the annual Old Dover Days will be celebrated May 2rd 1987.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The period of April 12th - 19th, 1987 be designated Spring Clean Up Week for the City.
2. All citizens are encouraged to clean up and beautify their premises and to place any trash or debris that they may have at the curb for pickup during said Spring Clean Up Week.
3. During said Spring Clean Up Week, City of Dover crews will pick up any debris or trash removed by citizens and placed at curbside on a non-scheduled basis and as needed in the area.
4. The City Clerk of the City of Dover is hereby directed to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: March 23, 1987
PROCLAMATION - WEEK OF THE YOUNG CHILD
Mayor Carroll submitted the following Proclamation:
WHEREAS, in recognition of the importance of our society's future of the nation's Youth, the "Week of the Young Child" will be recognized during April 6 - 10, 1987; and
WHEREAS, this celebration has been sponsored since 1970 by the National Association for the Education of Young Children. In Dover, the Early Childhood Laboratory School of Delaware State College is extending an invitation to all people to take part in this year's observance; and
WHEREAS, the "Week of the Young Child" is observed each year to focus attention on the needs of young children and their families through public information activities. A commitment to improve the opportunities available to this city,s young children will be made only if our citizens are challenged to become involved.
NOW, THEREFORE, I. CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, issue this Proclamation designating April 6 - 10, 1987. as "The Week of the Young Child" in the City of Dover. It is hoped that this observance will heighten the awareness of our citizens to the needs of our City's youth.
PROCLAMATION - FAIR HOUSING MONTH
Mayor Carroll submitted the following Proclamation:
WHEREAS, the year 1987 marks the nineteenth anniversary of the passage of Title VIII of the Civil Rights Act of 1968, commonly preferred to as the "Fair Housing Act", declaring it is a national Policy that housing throughout the United States should be made available to all citizens on the basis of equality and fairness; and
WHEREAS, the Federal Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; and
WHEREAS, fairness is the foundation of our way of life and reflects the best of our traditional values. Invidious discrimination housing practices are abhorrent to the American sense of fair play; and
WHEREAS, in this nineteenth year since the passage of the Fair Housing Act, Americans should continue to work together to uphold the Fair Housing Act and the principle of equal opportunity on which it is based.
NOW, THEREFORE, I. CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim April 1987 as
FAIR HOUSING MONTH
in the City of Dover, Delaware, and urge that all residents of the City practice the principles of equal opportunity housing.
ADOPTED: March 23, 1987
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 9, 1987
The Minutes of the Regular Council Meeting of March 9, 1987 were unanimously approved by motion of Mr. Weyandt, seconded by Mrs. Legates and bore the written approval of Mayor Carroll.
MONTHLY REPORTS - FEBRUARY
The following reports for February were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Lynn:
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
Parking Fund Report (Information Only)
UTILITY COMMITTEE REPORT
The Utility Committee met on March 11, 1987 at 7:30 p.m. with Chairman Richter presiding.
Wallace McFaul - Sewer Repair Bill
The committee considered a request from Mr. Wallace McFaul of 181 Crescent Drive to reimburse $244 in plumbing bills, contending that on three separate occasions the services of a plumber were necessary to unclog his sewer lateral.
Mr. McFaul’s request was based on the fact that he has experienced backups in his basement on three separate occasions. A final analysis by City crews revealed that roots in the system had infiltrated at the sewer tap into the main.
Mr. McFaul also stated that the City installed a faulty joint which contributed to his blockage problems.
On December 19, 1985, Mr. McFaul received a bill from Enco in the amount of $72 but did not notify the City of any sewer problem. In July and September of 1986, Mr. McFaul experienced additional sewer blockages and received bills from Al Gillis Plumbing totaling $172. The City was notified of the blockage prior to calling a plumber.
The committee felt that the City should share in the Al Gillis Plumbing bill of $172.
The Utility Committee recommended that the City reimburse Mr. McFaul half of the amount of the two Gillis bills ($172), for a total reimbursement of $86, stipulating that the reimbursement would have no bearing on the present City policy regarding sewage blockages and would not be considered precedent setting.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. VanSant. The motion was approved by a vote of four (4) yes, two (2) no (Mr. Christiansen and Mr. Weyandt).
Bid - Annual Turbine Overhaul
Bids were received to perform the annual turbine overhaul with East Coast Management, Westinghouse Electric Corporation, and General Electric Company responding. The bids involved the five year maintenance and inspection, disassembly inspection, cleaning, realignment, and reassembly. General Electric withdrew their bid due to errors in calculation.
The Utility Committee recommended awarding the bid to East Coast Management in the amount of $156,150, stipulating authorization to perform extra work as needed up to a maximum budgeted amount of $265,000.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. VanSant and carried by a unanimous roll call vote (Mr. Ambruso and Mr. Witt absent).
Bid - Division Street Water Line
In conjunction with the 1986 Water and Sewer Revenue Bond Issue, the City solicited bids to install approximately 2,300 linear feet of 16" water line in Division Street from West Street to State Street. Teal Construction, the only bidder, submitted a bid of $639.170.50.
Staff advised the committee that the water line project on Division Street should be completed by late summer so that the State can overlay Division Street. Noting that only one bid was submitted, staff suggested that the City proceed with the project due to the planned resurfacing of Division Street.
The committee recommended awarding the bid to Teal Construction, Inc., in the amount of $639,170.50.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. VanSant and carried by unanimous roll call vote (Mr. Ambruso and Mr. Witt absent).
Mr. Richter noted that the committee also recommended that the bidding policy of the City be revised to require a bid bond on all bids and a user fee that would require contractors to pay the City for bid documents.
Mr. Richter moved that staff be directed to submit revised bid regulations to include a bid bond and user fee for bid documents. The motion was seconded by Mr. Weyandt and unanimously carried.
Electric Bills as Liens Against Property
The City Solicitor reviewed Chapter 25 Del. Code concerning the feasibility of the City of Dover placing liens against properties for delinquent electric bills. Mr. Rodriguez advised the committee that the statute does not specifically refer to electric charges, as it does for taxes, sewer, water and garbage collection, but it is assumed that the term "other such services" covers electric charges. The Code also states that the lien would cover any real estate owned by the customer in Kent County. The disadvantage of placing a lien for delinquent electric bills is that tenants do not own the property and the billing is placed in the tenant's name. To effectively initiate a policy to lien properties for delinquent bills, the billing would also be placed in the owner's name.
It was the committee's opinion that the City has an excellent record of onequarter of 1% uncollectible electric bills. Realizing the difficulties in placing liens on tenant-occupied property, they recommended that the City not consider changing the present policy.
Miscellaneous Electric Billings - Write-off
The matter of writing off $59,027.50 in miscellaneous electric billings was tabled by Council for review by the City Solicitor.
Mr. Richter moved to remove miscellaneous electric billings from the table, seconded by Mr. VanSant and unanimously carried.
Mr. Richter explained that the $59,000+ amount reflects damage to an electric pole and attached power line and accessories, totaling $93,673.32. The truck involved In the collision was being operated by a person other than the owner and the insurance company of the owner offered a settlement of $34,645.82.
The City Solicitor suggested that Council accept the maximum settlement of the truck owner's policy of $34,645.82 due to the circumstances of the accident and the difficulty in proving negligence on the part of the owner who loaned the truck.
Mr. Richter moved to write off $59,027.50 in miscellaneous electric billings, seconded by Mr. VanSant and carried by a vote of five (5) yes, one (1) no (Mr. Christiansen) with Mr. Ambruso and Mr. Witt absent.
Sidewalk Program
Mr. Richter advised that staff has submitted a proposal that would replace necessary sidewalks in certain areas in the next five years. Certain areas of the City are affected each year, with the first year covering Loockerman Street to Division Street, to include Division Street from the Conrail tracks on the west to the St. Jones River on the east. The projected schedule for 1987 is a walking survey in mid-March; advertise and bid in April; Council approval of contractor in May; letters to owners in June; and commencement of construction in mid-July.
Staff has estimated the cost of a 4" thick concrete sidewalk, 5' wide, at $20 per linear foot; bricks on a concrete base, 51 wide, at $44.50 per linear foot; and a brick sidewalk, 5' wide, on a sand base at $26.00 per linear foot.
The committee recommended that brick sidewalks within the core area of Constitution Place not be assessed to the property owner. Mr. Richter noted that the cost of replacing sidewalks in the core area will be shared by the State and the City of Dover. He also noted that the committee was not in complete agreement on this matter. Mr. Levitt felt that property owners having sidewalks in the core area that do not meet City standards should share in the expense of replacement with bricks.
Mr. Richter moved that brick sidewalks within the core area of Constitution Place not be assessed to the property owner, seconded by Mr. VanSant.
Mr. Weyandt disagreed with subsidizing property owners in the core area of Constitution Place to replace sidewalks. He stated that if his sidewalk was in need of replacement, he as the owner, would be charged through assessment.
Mayor Carroll and Councilman VanSant noted that subsidizing sidewalks in the core area is not unlike the replacement of sidewalks in the downtown area during renovations on Loockerman Street. These sidewalks were considered a cost item of the project. In addition, the widening of Route #8 will entail curbs and sidewalks furnished by the State which is essentially taxpayer's money.
By a roll call vote of five (5) yes, one (1) no (Mr. Weyandt), with Mr. Ambruso and Mr. Witt absent, the recommendation to replace brick sidewalks within the core area of Constitution Place without assessment to property owners was approved.
Mr. Richter spoke to the vast area in the City of Dover that is considered the historic zone by mandate of City ordinances. Due to the cost difference of concrete and brick sidewalks, the committee recommended that the core area of Constitution Place be considered as the area in the historic zone where brick sidewalks are required.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. VanSant and carried by unanimous roll call vote with Mr. Ambruso and Mr. Witt absent. (It was noted that areas outside the core area of Constitution Place would have an option between bricks or concrete sidewalks.)
Mr. Richter moved to direct the City Manager to proceed with the five year sidewalk program as proposed. The notion was seconded by Mr. Christiansen and unanimously carried.
Mayfair/Crossgates/Wedgewood Civic Association - Street Repaving Priority List
A letter from Mr. Benjamin P. Bowings, containing signatures of residents of Mayfair, Crossgates and Wedgewood, disagreed with the priority listing for street repaving in the City.
Mr. Richter stated that the committee agrees with the observations of the Civic Association and has referred the list and Mr. Bowing's letter to staff for an adjustment in the priority list.
Capital improvement Plan - Silver Lake Dam Rehabilitation
Mr. Richter noted that the committee has reviewed the Capital Improvement Plan for fiscal year 1987/88 that will include rehabilitation of Silver Lake Dam and the installation of a new flood valve.
CIP - Streets
Street repairs, under the Capital Improvement Plan, was reviewed by the committee and it was recommended that this program be stepped up by increasing the number of streets to be repaired each year. Mr. Richter expressed personal satisfaction In this decision, noting that a 20 year cycle encompasses excessive repair time since many of the streets in the City need immediate maintenance.
Mr. Richter moved for approval of the Utility Committee Report, seconded by Mr. Christiansen and unanimously carried.
ANNEXATION REFERENDUM RESULTS - HAROLD AND NANCY HAINES - 1273 E. DIVISION STREET
The City Clerk submitted the following annexation results for property owned by Harold and Nancy Haines, located at 1273 E. Division Street:
2 Votes for Annexation - 0 Votes Against Annexation
Mr. VanSant moved to accept the annexation referendum results as submitted, seconded by Mr. Christiansen and unanimously carried.
Mr. Weyandt moved to annex 1273 E. Division Street, owned by Harold and Nancy Haines into the corporate limits of the City of Dover, seconded by Mr. Christiansen and by unanimous roll call vote (Mr. Ambruso and Mr. Witt absent), 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 north and east 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 East Dover 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 piece, parcel and lot of land situate, lying and being in East Dover Hundred, Kent County and State of Delaware, on the north side of the concrete highway leading from Dover to Little Creek, known as the North Little Creek Road, bounded on the north by land now or late of George Richardson and noted as Parcel 5A on a plot of Lots, titled "Dover Heights" Block F, on the east by other lands now or late of George H. Kahl, on the south by the aforesaid Concrete Highway and on the west by Willis Road. This parcel being a part of Lots Nos. One, Two, Three, and Four as noted in the Subdivision plan entitled "Dover Heights" and the west portion thereof and more particularly described as follows, to-wit:
Beginning at a stone set along the north right of way of the said Concrete Highway, know as North Little Creek Road, said stone being the southwest corner for Lot No. four at the southeast corner of said Willis Road, thence running with the east side of said Willis Road, North 24 degrees 30 minutes West 180 feet to another stone along the east line of said Willis Road a corner for land now or late of George Richardson and noted as Parcel 5A in said subdivision, thence running therewith North 65 degrees 30 minutes East 150 feet to another stone at a corner for this parcel, in line of lands now or late of George B. Kahl, thence with said lands South 24 degrees 30 minutes East 277.5 feet to another stone set at a corner for this parcel in the north line of said Concrete Highway, thence running therewith, toward Dover, and the arc of a curve therein a distance of 178.18 feet back to the beginning and containing .7877 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 24th day of March 1987 at 12:01 a.m. o'clock.
ADOPTED: March 23, 1987
AUTHORIZATION FOR CITY SOLICITOR TO PREPARE AMENDMENT TO ZONING CODE PERTAINING TO NOTIFICATION REQUIREMENTS FOR ZONING HEARINGS
Mr. VanSant moved that the City Solicitor prepare an amendment to the Zoning Code that would standardize notification requirements to property owners at 200'. The present zoning hearing notification requires properties within 150'. Conditional Use and Board of Adjustments requires 200". In addition, Mr. VanSant moved to set a public hearing on the Zoning Code amendment on May 11, 1987 at 7:30 p.m. The motion was seconded by Mr. Lynn and unanimously carried.
DISCUSSION - SNOW REMOVAL ORDINANCE - SECTION 19-5 OF CITY CODE (COUNCILMAN RICHTER)
Mr. Richter reported various conversations with citizens concerning nonenforcement of Section 19-5 of the City Code that states, "It shall be unlawful for the owner or occupant of any premises abutting upon a sidewalk to permit or allow snow or ice to remain thereon for longer than six (6) hours of daylight after it has ceased snowing."
It was Mr. Richter's opinion that the City does not enforce the snow removal from sidewalks ordinance. Citizens have expressed concern that they clean their sidewalks, but their neighbor ignores the ordinance due to non-enforcement by the City. Many areas in the City experience heavy pedestrian sidewalk traffic and non-removal of snow presents hazardous conditions.
Mr. Richter moved to refer Section 19-5 of the City Code (snow removal ordinance) to the Safety Advisory Committee for their review and recommendations, establishing provisions that will afford fair but firm enforcement. The motion was seconded by Mr. VanSant and unanimously carried.
CORRESPONDENCE
Dr. T. Noble Jarrell - Improvements to Former REA Building - Saulsbury Road
A letter from Dr. T. Noble Jarrell, III, noted that many thousands of dollars have been spent on the old REA building on Saulsbury Road since the limited rezoning that was approved by Council two years ago. Improvements include maintenance of grounds, a tap into the Dover water system, new plumbing and heating systems, electrical upgrading, insulation, repairs to the roof, and replacement of the old unsightly warehouse doors.
Mr. VanSant moved that a letter be devised to Dr. Jarrell. under the signature of Mayor Carroll, expressing Council's appreciation for improvements to the building as promised by the owner during consideration of a limited rezoning. The motion was seconded by Mr. Weyandt and unanimously carried.
North Dover Civic Association - Prohibit Truck Traffic on Walker Road between State Street and Saulsbury Road
A letter from Jack Fisher, President of the North Dover Civic Association, noted that improvements to State College Road are nearly complete. Mr. Fisher requested an ordinance declaring Walker Road, between State Street and Saulsbury Road, off limits to truck traffic, except for local deliveries.
Mr. Weyandt moved for referral to the Safety Advisory Committee, seconded by Mr. VanSant and unanimously carried.
Proposed Parking Ban - S. State Street between Water Street and Loockerman Street - Steven Schwartz, John O. Snyder, J. Carroll Brown, John S. Grady, Bryan K. Sterling, and Petitions
A letter from Attorney Steven Schwartz requested that Council rescind the parking ban on S. State Street, north of The Green, pointing out hardships to persons requiring services from this area, interruption of traffic flow, and possible relocation of offices.
Similar letters and petitions were received from Attorney John Snyder, J. Carroll Brown, John S. Grady, Bryan K. Sterling, O.D., and a petition containing 31 names.
Mr. VanSant moved for referral to the Safety Advisory Committee, seconded by Mr. Christiansen.
It was Mr. Weyandt's opinion that the Safety Advisory Committee cannot handle the matter at this time since Council has made a decision to remove parking from State Street in relation to Constitution Place. It was Mr. Weyandt's opinion that the parking ban on S. State Street is depriving professionals and business establishments of access for their patrons.
Mayor Carroll stated that some years ago, when parking was banned from the west side of State Street, a small group of objectors used the same argument and no adverse side affects developed from the parking ban.
Mr. VanSant pointed out that discussions at the Safety Advisory Committee will at least afford a forum for those citizens objecting to the parking ban.
Mr. Richter suggested that the forum be held in April to afford time for preparation of the discussion.
Mr. VanSant's motion for referral to the Safety Advisory Committee was unanimously carried.
Whatcoat Social Services - Commitment to Ruth N. Dorsey Shelter
Ms. Gloria Houston, President of the Whatcoat Social Services, noted a contribution of $1,299 from their organization towards the rehabilitation of the Ruth N. Dorsey Relief Shelter and reiterated their support of the project.
Mrs. Legates moved to acknowledge receipt of the letter, seconded by Mr. Christiansen and unanimously carried.
First State Bicentennial Chorus - Margaret S. Storey
A letter from Mrs. Margaret S. Storey thanked Mayor Carroll and members of City Council for a grant of $800 that will be used toward expenses of the First State Bicentennial Chorus.
Mr. VanSant moved to acknowledge receipt of the letter, seconded by Mr. Christiansen and unanimously carried.
ELECTRIC SERVICE CHARGE - COUNCILMAN CHRISTIANSEN
A letter to Mayor and Council members from Councilman Christiansen requested that the City reconsider the customer service charge on electric utility bills since its appearance as a separate bill implies that this is a new fee. It was Mr. Christiansen's opinion that the charge should be returned to its former position and the basic charge should be explained in more detail to the consumer.
Mr. VanSant moved for referral to the Utility Committee, seconded by Mr. Christiansen and unanimously carried.
Mayor Carroll pointed out that an article has been written concerning the customer service charge, explaining in depth the reasoning for the necessity of this part of the billing.
Mrs. Legates moved for adjournment into executive session to discuss personnel matters, seconded by Mr. VanSant and unanimously carried.
Meeting Adjourned at 8:30 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of March 23, 1987, are hereby approved.
CRAWFORD J. CARROLL
MAYOR