REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on August 26, 1985 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Ambruso, Boaman, Bulley, Christiansen, Witt, Weyandt and Shevock.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll requested additional agenda items to consider a letter from Councilman Ambruso concerning abandoned automobiles and tractor trailers parked on the side of the road.
Mayor Carroll also noted a letter from Officer John R. Teare, Jr., of the City Police Department, appealing termination of his wages while collecting workman's compensation.
The agenda was unanimously approved as amended.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 12, 1985
The Minutes of the Regular Council Meeting of August 12, 1985 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.
RESOLUTION - APPOINTMENT OF BICENTENNIAL COMMITTEE
Mr. Witt moved for approval of the following resolution, seconded by Mr. Christiansen
WHEREAS, on December 7, 1787 Delaware ratified the Constitution of the United States, thus Delaware becoming the First State, and
WHEREAS, the year 1987 is one of great historical significance for Delaware, it being our Bicentennial, and
WHEREAS, the State of Delaware plans many programs and events in celebration of our Bicentennial and wishes to coordinate the programs to coincide with local celebrations, and
WHEREAS, the City of Dover recognizes the need for coordination and proper planning of celebrations throughout the State for the 1987 Bicentennial.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Friends of Old Dover be appointed to serve as the official "City of Dover Bicentennial Committee", to work in behalf of the City of Dover with the State of Delaware and other interested parties in planning for the upcoming Bicentennial celebrations.
ADOPTED: August 26, 1985
PUBLIC HEARING - REZONING OF LAND LOCATED ON THE EAST SIDE OF THE KENTON ROAD, NORTH OF ENTRANCE TO GREENTREE VILLAGE CENTER - DOVER HUNT LAND COMPANY
A public hearing was duly advertised for this time and place to consider rezoning land located on the east side of the Kenton Road, north of the entrance of Greentree Village Center, owned by Dover Hunt Land Company.
Mayor Carroll declared the hearing open.
Mr. Byron Anstine, one of the owners of the land to be rezoned, noted the absence of Councilman Boaman and requested that the public hearing be continued since Councilman Boaman's absence would represent a "no" vote.
Mayor Carroll advised that technically the public hearing must be held on the rezoning, noting that all preliminary legal procedures have been followed and the rezoning advertised for a specific time and date. Council, if they so desire, may table a final decision on the matter following the public hearing.
Mr. Henry Heller of 1310 Forest Street was present to speak for the senior citizens, residents and taxpayers of the City of Dover. Mr. Heller advised of serving for five years on the Commission of Aged and is serving his third year as Secretary to the Commission, thereby giving him a knowledge of the wishes and needs of senior citizens in the City of Dover.
Mr. Heller stated that to his knowledge the proposed apartments, to be constructed by Mr. Anstine, is the first complex oriented towards the needs of older citizens in that the location will be accessible to the everyday needs of the elderly. Mr. Heller pointed out that a supermarket, drug store and bank will be located in the vicinity of the apartments, contributing to the essentials that are important for the needs of senior citizens.
Mr. Heller pointed out that the opposition seems to think the apartments will create traffic problems in the area. It was his opinion that the possibility of Mr. Anstine expanding his commercial development would create many more traffic problems than the construction of an apartment complex. Mr. Heller stated that if the residents of the area had conducted a survey based upon the needs of the community rather than circulating a petition opposing the apartment complex, he felt that they would have arrived at a much different answer.
Ms. Tessie Domingue of Bicentennial Village was present representing 60 to 80 residents in the community. It was their opinion, after a traffic survey was conducted, that the apartment complex would generate much less traffic than further commercial development. The residents of Bicentennial Village also voiced their opposition to spot zoning and the possibility of additional apartment complexes in the area which would add to the traffic problem. Mrs. Domingue advised that residents of the area are very willing to meet with the Safety Advisory Committee to further discuss this matter.
Mrs. Domingue introduced Mr. David Reynard who conducted a survey from Walker Road to Route #8.
Mr. Reynard's survey showed an average family of 3 .47 per household, 65% of the children in the area were 10 years old or younger. The survey placed the number of children at 170 for 116 homes. Mr. Reynard stated that if The Greens of Dover was also included, the number of children would amount to approximately 300.
Ninety-eight percent of the residents oppose an entrance on Independence Boulevard to accommodate the shopping center and apartment complex.
Relating to an independent traffic survey conducted by Mr. Anstine, Mr. Reynard stated that commercial development would increase traffic two to three times more than the proposed apartment complex would generate. He stated resident's concern that accommodations are needed for senior citizens and stated that his steering committee favors the apartment complex over expansion of the commercial property.
Mr. Witt advised Mr. Reynard of a Safety Advisory Committee meeting to be held on September 10, 1985 and of his willingness to conduct a workshop with residents to discuss their concerns on traffic in their development.
Mr. William Garfinkel of Bicentennial Village pointed out submitted petitions from property owners within 150' of the proposed apartments and a petition from the residents of The Greens of Dover and Bicentennial Village. He also stated that he was representing the members of Kent Swimming Club. All of the aforementioned were stated as being opposed to the proposed apartments. It was Mr. Garfinkel's opinion that those residents present who approved of the apartment complex have been given an ultimatum by Mr. Anstine to either accept the apartments or expansion of the commercial complex will be a reality. He felt that Mr. Anstine's statement that the apartment complex would be a buffer between residential and commercial property was slightly misleading since, in his opinion, an apartment building would be something to be buffered from residential property. Property owners in the area are concerned that they will be encircled by apartment complexes and commercial development.
Mr. Garfinkel urged that the petition for rezoning be defeated and that a moratorium immediately be placed on medium and high density construction until such time as the Comprehensive Plan of the City of Dover is updated.
Mr. Tom Clark of Old Flint Circle expressed his concern with what is happening to the character of the neighborhood and safety for children due to increased traffic.
Mr. Witt and Mr. Boaman pointed out that the rezoning application would be upgrading the zoning category and if the apartment complex is allowed, traffic could be funneled onto the Kenton Road rather than Independence Boulevard. If the present commercial zoning category is maintained, traffic will have access to Independence Boulevard.
Mrs. Dee Mears of 36 Lamplighter Lane spoke to the excess population in The Greens of Dover due to new construction and future plans to build additional apartment complexes surrounding the area.
Mrs. Linda Zankowsky of Green Blade Drive was present stating her preference of expansion to the present commercial facility rather than construction of an apartment complex. Mrs. Zankowsky's property backs up to the present commercial property.
Mr. Michael Hofmeister suggested that all entrances to Independence Boulevard and Kenton Road be closed to the commercial property and an entrance and exit be constructed Off of Route #8 with proper traffic signals.
Mr. Mark Pavlica of 5 Freedom Drive was present to voice his disapproval of the proposed apartment complex.
Mr. James Stuart of 220 Green Blade Drive, immediately adjacent to the commercial development off Route #8, spoke in disfavor of the apartment complex stating that he would rather see further development of the commercial property. He also alluded to speeding on Independence Boulevard and suggested speed bumps.
Mr. Barry Anstine, developer of the proposed complex, stated that the issue before Council is a zoning matter and a public hearing to consider upgrading the present zoning of the site. He submitted a traffic study conducted by E.H. Richardson Associates that compared the amount of traffic that would be generated by a 100 unit apartment complex versus additional commercial development on the site. The traffic study also took an actual traffic count of vehicles generated by English Village which is approximately 100 units and comparable to the proposed apartment complex. The results of the study indicated that 100 apartment units would generate 1/6 of the traffic that would be generated by 78,400 square feet of available retail space if the same site was used for commercial development.
Mr. Anstine pointed out that the land use for his proposed site is not incompatible with other development in the area in that the apartment complex is medium density. He also expressed his company's concern for the traffic problems on Independence Boulevard and pledged his support in any attempt to correct the situation.
In deference to the manner which other apartment complexes are maintained, Mr. Anstine stated that all of his properties such as apartments are managed by his company and visited each week to assure perpetual upkeep and tenant surveillance.
In summary, Mr. Anstine stated that if the zoning request is rejected, then his company would be left with a parcel of SC-2 (commercial) land which would have to be developed under that category. He felt that the apartment complex is much more suitable for the area.
Mrs. Peggy Zink of 6 Freedom Drive stated that she would prefer the commercial development but suggested that the entrances and exits be constructed on Route #8.
Mr. Michael Zankowsky of 224 Green Blade Drive expressed his preference for further commercial development rather than the apartment complex. It was his opinion that Mr. Anstine would not be able to lease further commercial units in the Greentree Village shopping center, but the apartment complex would be a reality if Council approved the zoning request.
Mayor Carroll declared the hearing closed.
Mr. Richter moved for approval of the rezoning, seconded by Mr. Boaman.
Mr. Weyandt moved to amend the motion, stipulating that the final site approval for the apartment complex be submitted to Council for a final decision before a building permit is issued and that a public hearing be held.
Mr. Shevock disagreed with having the site approval come back before the Council since the Planning Commission is the appointed body to handle these matters. He also disagreed with a second public hearing on the rezoning, which in his opinion indicates preferential treatment.
Mr. Bulley advised of information recently received that several other apartment complexes are being planned in various locations of the City, some being in close proximity to the proposed development of Mr. Anstine. He stated his displeasure after receiving this information.
Speaking to the arguments concerning entrances onto Independence Boulevard, Mr. Shevock reminded those present that Independence Boulevard was specifically constructed to be a main thoroughfare between Walker Road and Route #8. After construction of the road, he could not understand why there are adamant objections to any entrances on Independence Boulevard.
Questioned by Mr. Christiansen, Mr. Roe stated that a vote by Council on the rezoning must be by a 3/4 majority of those elected if 20% of the property owners living within 100' of the proposed site signed a petition.
Noting that the petitions submitted by residents had not been checked to determine if 20% of the signers lived within 100'of the parcel of land to be rezoned, Mr. Boaman objected to any vote on the issue until such time that this particular question is settled.
Mayor Carroll advised that the amendment to the main motion could be voted on and the main motion for rezoning tabled until the petition is reviewed.
By a roll call of five (5) yes, three (3) no (Mr. Richter, Mr. Bulley and Mr. Shevock), Mr. Weyandt's amendment to refer the final site approval and a public hearing was carried.
Mr. Christiansen called for the question on the main motion to consider the rezoning.
The City Clerk called the role with a result of five (5) yes, three (3) no (Mr. Bulley, Mr. Christiansen and Mr. Shevock).
Members of Council requested that Assistant Tax Assessor Lucas retire to his office to determine if 20% of the petition signers live within 100' of the proposed site for rezoning.
Mr. Witt moved for a five minute recess, seconded by Mr. Bulley and carried.
Following the recess, Mayor Carroll declared the session of Council reconvened.
MONTHLY REPORTS - JULY
Under the Building Inspector and Fire Marshal's report, Mr. Boaman moved to approve a request by Mr. Roe for vacation, seconded by Mr. Chris tiansen and unanimously carried.
Under the City Manager's report, Mr. Shevock questioned the construction of handicapped parking to give access to the jogging/walking trail through Silver Lake parking area.
City Manager Bartolotta explained that the trail is now being used by handicapped persons in wheelchairs and has developed into a regular use by that entity.
Mr. Shevock moved to refer the matter to the Safety Advisory Committee, seconded by Mr. Boaman and unanimously carried.
By request of Mr. Christiansen, Mr. Bartolotta reported that a small regulator at McKee Run Power Plant was lost by fire approximately two weeks ago. Some oil from the regulator spilled, but was quickly contained and stored in drums. The City has been in contact with the EPA, noting that the oil did contain some PCB's. The oil will be stored in drums and disposed of through a hazardous waste landfill in accordance with federal regulations. It will not be necessary to replace the regulator since sufficient regulation is now in effect at the plant.
Mr. Witt pointed out a possible error in the fuel adjustment report under estimated fund total and accumulative fuel total which the City Manager agreed to review.
By motion of Mr. Boaman, seconded by Mr. Christiansen, the following reports for July were unanimously approved:
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 Report
General Fund, Budget Report
Water/Sewer Fund, Revenue Report
Water/Sewer Fund, Budget Report
Inter-Governmental Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue Report
Electric Revenue Fund, Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on August 21, 1985 at 7:30 p.m. with Chairman Boaman presiding.
Delaware League of Local Governments - 134 E. Water Street Facility
The committee discussed a lease renewal for the City's property at 134 E. Water Street, housing the Delaware League of Local Governments. The Building Inspector submitted a report listing all violations of the City's Code.
A letter from Mr. Leon DeValinger, Executive Director of the League of Local Governments, advised that the executive board of the League were generally favorable to a suggestion that the League bring the structure up to Code and agree to begin work on the heating and electrical systems as soon as the lease is approved and signed. Speaking to the expenditure that will be necessary to renovate the building, the League felt that a minimum lease period for ten years, with an option to renew, would be acceptable. The League also agreed to accept responsibility for all utilities. In the event the City desires to sell or utilize the property before termination of the lease, the League suggested that the City reimburse the organization on an amortized basis for the leasehold improvements.
The committee recommended that a lease be prepared for the League of Local Governments stipulating that renovations to the building must be completed within six months from the signing of the lease. The committee also recommended that the lease be for a period of ten years.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Christiansen and carried by a roll call vote of six (6) yes, one (1) no (Mr. Richter) with Mr. Bulley absent.
Central Delaware Chamber of Commerce - Itinerant Vendors
Mr. David Outten, Vice-President of Community Affairs of the Central Delaware Chamber of Commerce, was present to speak to the committee members concerning itinerant vendors selling merchandise out of mobile units and suggested that the City of Dover adopt restrictive ordinances prohibiting this type of activity. The Chamber pointed out that a customer dealing with an itinerant vendor has little or no recourse in case of defective merchandise and the practice is unfair to local merchants who pay taxes and support the community.
The committee recommended that a resolution be forwarded to the Kent County Levy Court, suggesting a standard code for the county, state and municipalities, restricting itinerant vendors.
Mr. Boaman moved for the recommendation of the committee and that the City of Dover endorse a standardized law that would control itinerant vendors within the county, state and municipalities. The motion was seconded by Mr. Shevock and by a unanimous roll call vote (Mr. Bulley absent), Council adopted the following resolution:
WHEREAS, the Mayor and Council of the City of Dover are concerned with the recent influx of itinerant vendors who sell their wares within and outside the corporate limits of the City; and
WHEREAS, itinerant vendors operating from mobile units or leasing facilities for short periods of time experience insignificant overhead expenses, contribute nothing to the community, but siphon off a measurable portion of the local retail market; and
WHEREAS, our local established merchants contribute to the tax base and are essential to the economic growth of the City and County, assuming financial responsibility for their products and service.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council perceive the problem of itinerant vendors as a matter to be approached by all municipalities, counties, and the State of Delaware.
2. The Mayor and Council hereby extend their vigorous support to legislation that would create a standard code to be utilized by all governmental agencies in the State of Delaware, placing restrictive prohibitions on the activities of itinerant vendors.
3. The Mayor and Council direct the City Clerk to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: August 26, 1985
Senior Citizen Property Tax Exemption Ordinance
By motion of Mr. Boaman, seconded by Mr. Shevock, Council by unanimous roll call vote (Mr. Bulley absent), adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
This ordinance is adopted to implement Title 22, Chapter 10 of the Delaware Code, as amended, granting exemptions from municipal taxation on real property for persons 65 years of age or over. Compliance must be made with this Chapter and this ordinance in order to qualify for such exemption.
The exemption shall be for real property owners 65 years of age or over. If qualified, their real property shall be exempt from municipal taxation to the extent of the first $13,500 of assessed valuation. This exemption shall be subject to the following qualifications:
1. If the income of a property owner who resides alone exceeds the sum of $7,000 for the income tax year immediately preceding the date of making an application for the exemption, then the exemption shall not be granted.
2. If the income of a property owner and spouse who reside together exceeds the sum of $12,000 for the income tax year immediately preceding the date of making an application for the exemption, then the exemption shall not be granted.
3. In computing income of the property owner in order to determine entitlement for the deduction, social security benefits and railroad pensions shall not be considered as income.
4. The real property must be located within the limits of the City of Dover and must be used exclusively for residential purposes.
5. The real property must be the legal residence of, and be occupied in whole or in part by, the property owner.
6. The property owner must be the owner of record of said real property as of December 31 of the calendar year immediately preceding the date of making application for the exemption.
7. The property owner must have attained the age of 65 by March 1 of the year in which the exemption application is filed.
8. Applications for exemption shall be filed in accordance with regulations adopted by the Dover City Council and for cause shown. The City Assessor may accept and act upon applications received after any established application filing date.
9. The City assessor is empowered to refund taxes paid by a qualified applicant who is entitled to an exemption and successfully files for same.
10. The City Assessor's office shall be authorized to require any applicant to submit evidence substantiating income reported for receipt of the exemption. The City assessor may deny applications where requested income verification is not submitted by the applicant.
11. Appeals from denial of exemptions by the City Assessor and any other complaints regarding the exemption process may be appealed by the taxpayer directly to the Tax Appeals Committee established annually in April to hear taxpayer appeals. The Tax Appeals Committee shall have the power to affirm, overrule or remand the decision of the City Assessor.
12. Qualified senior citizens who fail to exercise their property tax exemption shall not be entitled to any interest payments on said exemption amount; nor shall unexercised property tax exemptions be retroactive beyond the current tax year.
13. Penalties, assessed to delinquent property tax accounts that are eligible for a senior citizen exemption that has not been exercised, shall not be excused.
ADOPTED: August 26, 1985
Surplus - 1984/85 Fiscal Year Budget - Contingency Fund
Mr. Boaman advised that the 1984/85 fiscal year budget surplus is $262,500 after providing for approximately $80,000 for uncollectible paramedic fees. A second deduction of $90,000 is budgeted as a beginning balance. This would leave a surplus of $172,500. He explained that the Contingency Fund can be replenished by the 1984/85 fiscal year budget surplus or as designated by Council in a former meeting. The Contingency Fund can be replenished by revenue sharing funds.
The committee recommended to keep $262,500 as the undesignated fund balance and put $127,740 in the Contingency Fund from the Revenue Sharing Grant as mandated by previous Council decisions.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Shevock.
Mr. Weyandt moved to amend the motion, stipulating that if revenue sharing funds do not materialize, the Contingency Fund is to be replenished by the 1984/85 fiscal year surplus. The motion was seconded by Mr. Christiansen and unanimously carried.
Mr. Boaman's main motion was carried by a unanimous vote.
Medical Funds - Police Pension Plan - (a) City Reimburse Plan (b) Re-write Plan Definitions
Mr. Boaman advised that the City has been paying medical payments for retired employees out of the Police and Civilian Employee Pension Funds. This practice is in violation of our present ordinances since the Civilian and Police Pension ordinance do not provide for this type of expenditure. According to Mr. Al Pike of E.H. Friend Company, the City's acturary, the Civilian and Police Pension Funds should be reimbursed for this type of payment and the Plans should be funded for future years expenditures.
As chairman of the Pension Boards, Mr. Shevock emphasized the importance of a decision by Council that will rectify the problems related to future funding of the Plans to compensate for medical payments. He added that this should also be a consideration during future negotiations with the Police and Civilian employee negotiating bodies. He requested that members of Council devote some thought to the matter and forward any suggestions they may have to the Pension Committees and the Legislative and Finance Committee.
The committee recommended that the matter be submitted to both Pension Boards and negotiating boards for a report back to the Legislative and Finance Committee for a future recommendation to Council.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Electric Uncollectible Receivables
Mr. Boaman advised that the City’s auditor has recommended that the City write off bad debts in the Electric Fund. Reserves have been created for bad debts to circumvent any budgetary impact. The balance available in the reserve account is $542,261.23, as of June 30, 1985. Bad debts amount to $417,330.17.
The committee recommended that uncollectible electric debts in the amount of $417,330.17 be cancelled against the uncollectible reserve account as suggested by the auditor.
Mr. Boaman moved for the recommendation of the committee, stipulating that the uncollectible electric debts in the amount of $417,330.17 be cancelled against the uncollectible reserve account as suggested by the auditor. The aforementioned figure encompasses uncollectible debts up to June 30, 1984 and effective as of June 30, 1985. One year of uncollectible debts from June 30, 1984 to June 30, 1985 will be maintained as active accounts. The motion was seconded by Mr. Shevock and carried by a vote of six (6) yes, one (1) no (Mr. Christiansen), with Mr. Bulley absent.
Mr. Weyandt moved that the City Manager submit a quarterly report showing names, amounts and addresses of delinquents and that the report be on an accumulative basis each quarter so that the uncollectible debts can be taken care of annually. Accounts on the report should be shown only after standard procedures of the administrative departments have been followed in an attempt to collect same. The motion was seconded by Mr. Ambruso and unanimously carried.
Insurance - Pre-Qualification Proposals
A total of eight proposals were received for City of Dover employees life, accident and short term disability benefit coverages. Mr. Boaman advised that the insurance coverage will be bid on a three year bidding cycle.
In reviewing the resolution setting guidelines for pre-qualification and assignment of companies, the committee recommended that the indicated example in paragraph three of the resolution stating "insurance markets not receptive to formal quotations" be eliminated.
To circumvent any difficulties that may arise in the future, the committee also suggested that only "A" rated companies be acceptable.
Under "pre-qualification and assignment of companies", it was recommended that the City qualify eight agents only and assign markets.
Under bid specifications, the committee recommended approval of the specifications as presented by the City Manager's Office.
Mr. Boaman stated that quotations will be submitted by October 3, 1985 and presented at the October meeting of the Legislative and Finance Committee.
Mr. Boaman moved to approve the pre-qualification proposals as amended by the committee, seconded by Mr. Witt and carried by unanimous roll call vote, with Mr. Bulley absent.
Day Associates - Request to Meet with Individual Council Members - Comprehensive Plan
The committee felt that it would be beneficial for individual members of Council and Planning Commission to meet on a personal basis with Mr. Norman Day of Day Associates who is conducting the Comprehensive Plan update. This would afford an opportunity for specific suggestions based on the changes that have taken place within the City in the past 10 years.
Mr. Roe advised that he would like to contact Mr. Day to set up meetings. The extra time that would be spent by the company is not a part of the original contract and he requested guidance from the committee in case additional charges are involved.
Mr. Roe stated that he has contacted Mr. Day and that Wednesday, August 28, 1985 at 4:00 p.m. has been set for the first meeting. Mr. Weyandt also suggested a second meeting prior to the first Council Meeting in September. Council set a date of September 9, 1985 at 4:00 p.m. as the second meeting time, noting that there will be no additional charges above the contract price.
Mr. Richter moved for approval of the dates as set, seconded by Mr. Weyandt and unanimously carried.
Zoning Moratorium - RG-3 (Townhouses)
During the committee meeting, Mr. Witt suggested that a moratorium be placed on the townhouse zoning of RG-3 until such time as the Comprehensive Plan is updated and adopted. This would apply to future rezoning applications and not to any zoning that has been approved.
The committee suggested that the matter be discussed at the next Regular Council Meeting for referral to the Planning Commission.
Mr. Weyandt suggested that it might be beneficial to place a moratorium on all rezonings until the Comprehensive Plan is adopted.
Mr. Boaman stated that the committee had discussed this point but felt that some rezonings might be presented that would be beneficial to the City.
Noting that Council is the legislative body of the City, Mr. Witt disagreed with a referral to the Planning Commission.
It was Mr. Boaman's opinion that Planning Commission members should be given an opportunity for input as well as members of Council.
Mr. Boaman moved that the question of the moratorium be referred to the Planning Commission, seconded by Mr. Ambruso and carried with Mr. Christiansen voting no.
Fire Station - West Dover
Mr. Boaman advised of a letter from Robbins Hose Company mentioning their desire to build a fire station on the City's tract of land at the intersection of Walker and Kenton Roads which is also the selected location for a water storage tank. The committee suggested that members of Council arrange a meeting with Fire Chief Hutchison for an update on their ideas and future plans.
Mr. Boaman suggested that the City Manager contact the Fire Chief to arrange a date and time for the meeting.
Mr. Weyandt moved for acceptance of the Legislative and Finance Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on August 14, 1985 at 7:30 p.m. with Chairman Richter presiding.
Bid - 69kV Line Construction Contract
Bids were received to construct the first 3½ miles of a 69kV loop line from Horsepond Substation to a point north of Whiteoak Road. Mr. French advised the committee that a steel stress pole has been eliminated which would have been an additional cost of $35,000. This involved altering the original route of the 69kV line.
A low bid of $130,178.50 was submitted by C.W. Wright.
Mr. Richter moved that the low bid submitted by C.W. Wright be approved, seconded by Mr. Ambruso and carried by unanimous roll call vote (Mr. Bulley absent).
Bid - Three Substation Capacitor Banks
Mr. Richter advised that the committee recommends approval of the purchase two 3600kvar capacitor banks for General Scott and Mid City Substations at a low bid by McGraw Edison in the amount of $25,214, and one 2400kvar capacitor bank for St. Jones Substation to Dover Supply in the amount of $11,060.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Boaman and carried by unanimous roll call vote (Mr. Bulley absent).
Engineering Services for City Park Water Tower
The City Manager advised the committee that engineering services for a one million gallon elevated water storage tank along Walker Road was awarded to Whitman, Requardt and Associates for a hydraulic analysis and design. It was recently determined that a water storage tank was needed on the east side of the City, requiring a contract for the design of the tank. He proposed that this project be added to the existing contract with Whitman, Requardt and Associates. The proposal for the contract for both water storage tanks was (a) design - $50,000 (b) Construction Management $15,000 (c) Construction Inspection - $50,000.
As suggested by the City Manager, the committee recommended approval to award both contracts to Whitman, Requardt and Associates at a total price of $115,000.
Mr. Richter moved for approval of the committee's recommendation, seconded by Mr. Ambruso and carried by unanimous roll call vote (Mr. Bulley absent).
Power Plant Operator Training
The City Manager advised the committee of the dire need for personnel safety at the Power Plant and noted that on the job is not sufficient to properly school plant personnel. An amount of $50,000 was budgeted for the development of operator training manuals, the preparation of plant systems description, and the provision of consultant conducted operator training.
Power Safety International developed a formal course for the turbine operator position at a cost of $8,479. Mr. Richter stated that the City Manager was very pleased with the performance of Power Safety International and wishes to extend the contract at a cost of $39,994.75.
Mr. Richter advised that the Utility Committee recommended approval of the expenditure and moved for the recommendation of the committee, seconded by Mr. Ambruso.
Mr. Weyandt stated that he would not like to see the City of Dover become a training ground for personnel who terminate their employment with the City for employment with another company. He felt that some stipulation should be made with the employee which would mandate that he continue his employment with the City for a certain period of time after training.
Mr. Richter advised that the committee has discussed this matter and requested that the City Manager submit facts and figures to the committee for consideration.
The committee's recommendation to expend $39,994.75 for an extension of Power Safety International's present contract was unanimously approved by a roll call vote (Mr. Bulley absent).
Mr. Weyandt moved for approval of the Utility Committee Report as submitted, seconded by Mr. Witt and unanimously carried.
COAL CONVERSION SECOND OPINION CONSULT NT SUPPORT - BURNS AND ROE
Mr. Bartolotta noted correspondence from Burns and Roe, Inc. estimating costs that their company will incur to interface with R.W. Beck and Middlewest Service Company, who are performing second and third party opinions regarding the coal conversion at McKee Run Generating Station. He has advised Burns and Roe that any additional expenditure will have to be approved by Council. The lump sum estimated cost submitted by Burns and Roe is $5,750.
Mr. Weyandt disagreed with any additional charges by Burns and Roe, stating that they should forward any information available to the second and third party companies involved at no charge.
Mr. Shevock disagreed, noting that the City of Dover is asking Burns and Roe to perform duties over and above their original contract which will involve time on their part.
Mr. Bartolotta stated that the basic contract with Burns and Roe was to perform a feasibility study which was submitted November 1, 1984. Since that time they have given the City of Dover support for the past ten months and have visited the City at least six times. They have also spent time responding to the second opinion parties, R.W. Beck and Middlewest Service Company. The type of information being requested by the second opinion companies is very detailed which involves Burns and Roe explaining each assumption in the study and the computer modeling in the possession of Burns and Roe. Mr. Bartolotta stated that Burns and Roe will not withhold information from the second opinion companies, but they are incurring costs related with time spent with the companies.
Mr. Weyandt called for the question on the expenditure of $5,750 and by a roll call vote of three (3) yes (Mr. Richter, Mr. Boaman and Mr. Shevock), four (4) no, with Mr. Bulley absent, the motion was defeated.
REZONING - PROPERTY LOCATED ON SOUTH SIDE OF WALKER ROAD BETWEEN BURGER CONSTRUCTION COMPANY AND SAULSBURY ROAD - MCBROCK, INC. (c/o BROCKSTEDT AND ASSOCIATES, INC.)
A request was received to rezone property located on the south side of Walker Road, between Burger Construction Company and Saulsbury Road, owned by McBrock, Inc. (c/o Brockstedt and Associates, Inc.)
Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Weyandt, seconded by Mr. Witt, Council referred the matter to the Planning Commission and adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the south side of Walker Road, between Burger Construction Company and Saulsbury Road, are presently zoned for RG-3 use, and
WHEREAS, it is necessary to hold a public hearing prior to