REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on June 10, 1985 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Ambruso, Boaman, Bulley, Christiansen and Witt. Councilmen Weyandt and Shevock were absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll requested additional agenda items to add a resolution concerning House Bill 203, compensation to volunteer fire companies through a percentage of state insurance premiums. Under correspondence, a letter from Robert Berglund, President of the Central Dover Business Association, a letter from Ms. Marian Penn regarding a Council district re-apportionment proposal, and a letter from Mr. MacLeish concerning a buffer zone on the perimeter of Schoolview development were added to the agenda.
Council unanimously adopted the agenda as amended.
PROCLAMATION - BIG BROTHERS/BIG SISTERS WEEK IN DOVER
Mayor Carroll submitted the following Proclamation:
WHEREAS, many children who reside in the State of Delaware are living in single parent homes; and
WHEREAS, many of these children need and desire the attention and friendship of a mature adult from outside of their home environment; and
WHEREAS, Big Brothers/Big Sisters of Delaware has been organized in this State since 1964 for the primary purpose of establishing and sustaining personal relationships between adult volunteers and children from single parent homes; and
WHEREAS, the men and women who volunteer and dedicate themselves to these children perform a valuable community service, and by so doing, provide these children with friendship, trust, emotional support, and new learning experiences which they need in order to mature healthfully, toward the end of becoming well-adjusted adults, thereby leading happier and more meaningful and productive lives; and
WHEREAS, the need for additional volunteers continues to exist; and
WHEREAS, the City of Dover wishes to encourage and promote additional volunteers to the service of Big Brothers/Big Sisters of Delaware; and to acknowledge the efforts of those volunteers who are presently making a contribution.
NOW, THEREFORE, be it resolved that I, Crawford J. Carroll, Mayor of the City of Dover, do hereby proclaim the week of June 9-15th, 1985 as Big Brothers/Big Sisters Week in Dover.
RESOLUTION - HOUSE BILL 203 - COMPENSATION TO VOLUNTEER FIRE COMPANIES PROVIDING AMBULANCE AND/OR RESCUE SERVICES
By motion of Mr. Witt, seconded by Mr. Christiansen, Council by unanimous roll call vote (Mr. Weyandt and Mr. Shevock absent), adopted the following resolution:
WHEREAS, Mayor and Council of the City of Dover, having initiated the first paramedic service in Kent County, recognizes 'the absolute necessity of life support ambulance and rescue services furnished by volunteer fire companies and other non-profit organizations, and
WHEREAS, the cost of supplying these necessary services increases each year, placing additional financial burdens on volunteer fire companies, non-profit organizations and municipalities, and
WHEREAS, Mayor and Council wish to point out the outstanding service rendered by the Robbins Hose Volunteer Rescue Squad that is dispatched within and outside the corporate 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. The Mayor and Council unanimously support House Bill 203 which will establish a fund from a percentage of gross premiums of life and/or health coverage received by insurance companies and agents within the State.
2. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover.
ADOPTED: June 10, 1985
ACCEPTANCE OF BID - GENERAL OBLIGATION BONDS ISSUE - SERIES 1985
Mr. Bartolotta informed Council of a bid opening, held at 12:00 noon on June 10, 1985, concerning General Obligation Bonds - Series 1985 in the amount of $655,000. The bonds will be utilized to pay for the cost of library expansion and storm sewer construction. Moody's Investor Service, Inc. rated the bonds A-1.
Government Finances, Inc. prepared an analysis of the bids and recommended that the bid go to A. Webster Dougherty Co., Inc., submitting a true interest cost of 7.69105%.
Mr. Bartolotta advised that the bonds will be issued for a 15 year period with rates on each individual coupon ranging from 5.25% to 8.2% based on the maturity schedule. He recommended that A. Webster Dougherty Co., Inc. be awarded the bond bid.
By motion of Mr. Richter, seconded by Mr. Witt, Council by unanimous roll call vote (Mr. Weyandt and Mr. Shevock absent) adopted the following resolution:
WHEREAS, the Council has approved the construction renovations of the library and the storm sewer projects of Bradford Street/Wyoming Avenue/Governors Avenue/Walker Road to Woodcrest Drive, west tar ditch, Silver Lake dam and the financing thereof by the issuance of its General Obligation Bonds Series 1985 in the amount of $655,000 pursuant to Bond Resolution of May 13, 1985 to gather with other financing sources, and
WHEREAS, a notice of Bond Sale was published on May 23, 1985 in the "Morning News" Wilmington, Delaware, the "Delaware State News" Dover, Delaware and the bond buyer, New York, New York and preliminary official statement dated May 23, 1985 was made available to prospective purchasers, and
WHEREAS, bids for the purchase of the bonds were received up to 12:00 noon on June 10, 1985 and were publicly opened, read and considered, with the bid attached here to being the bid with the lowest time interest cost.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Council approves the sale of the City's $655,000 General Obligation Bonds, Series 1985, pursuant to its Bond Resolution of May 13, 1985 and to the notice of Bond Sale and the official bid form attached here to as exhibit A and the preliminary official statement attached hereto as exhibit B. The Council modifies Section 18 of the Bond Resolution to provided for at least twelve rather than twenty days of prior public publication of the notice of sale.
2. The Council awards the sale of the bonds to A. Webster Dougherty & Co., Inc. and accepts the bid for the purchase thereof as set forth in the signed official bid form attached hereto as exhibit C.
3. The City officials are authorized and directed to take all actions necessary to issue the bonds and carry out the terms and purposes of the financing, including the delivery of an official statement and of the necessary closing documents and certificates.
ADOPTED: JUNE 10, 1985
ADOPTION OF MINUTES - REGULAR MEETING OF MAY 28, 1985
The Minutes of the Regular Council Meeting of May 28, 1985 were unanimously approved by motion of Mr. Bulley, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.
ADOPTION OF MINUTES - SPECIAL MEETING OF JUNE 5, 1985
The Minutes of the Special Council Meeting of June 5, 1985 were unanimously approved by motion of Mr. Witt, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.
PUBLIC HEARING - PROPOSED RESOLUTION TO ABANDON LOTS #227 - #234 - SUSSEX AVENUE IN CAPITOL GREEN
A public hearing was duly advertised for this time and place to consider the abandonment of lots #227 - #234, located on Sussex Avenue in Capitol Green.
Mayor Carroll declared the hearing open.
There was no one present to speak for or against the abandonment and no correspondence.
The Utility Committee recommended approval of the abandonment.
Mayor Carroll declared the hearing closed.
Mr. Richter moved for approval of the abandonment, and that the land be transferred by quit claim deed. He further moved that all cost related to the land transfer be borne by the Capitol Green Housing Corporation, the land remain as park space not to be sold off or used for any other purpose without permission from the City of Dover and utility easements will be maintained by the City. The motion was seconded by Mr. Bulley and Council by unanimous roll call vote (Mr. Weyandt and Mr. Shevock absent) adopted the following resolution:
A RESOLUTION VACATING AND ABANDONING CERTAIN LOTS SITUATED IN A DEVELOPMENT KNOWN AS CAPITOL GREEN, IN THE CITY OF DOVER
Be It Resolved by the Council of the City of Dover:
Section 1. The Council of the City of Dover hereby vacates and abandons the following lots laid out upon a plot of Capitol Green, as recorded in the office of the Recorder of Deeds of Kent County, Delaware, as follows:
BEGINNING at a point in the southerly line of Sussex Avenue, where this line intersects the easterly line of a 15' public alley, thence running with the southerly line of Sussex Avenue in an easterly direction for approximately 195 feet to a corner for lots 234 and 235 of the Capitol Green Subdivision, thence running with said lots as a dividing line in a southerly direction for a distance of approximately 105 feet to a corner for these lots in the northerly line of said public alley, thence running with said alley in a westerly direction for approximately 150 feet to a corner for lot 227 and the public alley, thence running with the easterly line of the alley with a curve to the right in a northerly direction for a distance of approximately 115 feet to the point of beginning.
Containing .417 acres more or less.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid lots no compensation is awarded.
Section 3. This resolution shall be effective upon the filing of a revised plot plan of the development dedicating the lots as aforesaid.
ADOPTED: JUNE 10, 1985
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on June 5, 1985 at 7:10 p.m. with Chairman Boaman presiding.
Interviews - Audit Services - Fiscal Year 1985/86
The committee conducted interviews with five auditing firms who submitted bids on the City's 1985/86 audit.
The committee felt that a review of the firm's references should be conducted. This will be a part of the June 19th Legislative and Finance Committee agenda.
Dover Housing Authority - Co-operation Agreement
Ms. Susan Ramsey, Executive Director of the Dover Housing Authority, was present at the committee meeting to discuss an application to the Department of Housing and Urban Development for 50 additional units to be constructed in the City. In order to obtain approval of the additional units, Mr. Boaman explained that it will be necessary for the City to sign a co-operation agreement between the Authority and the City of Dover. The co-operation agreement provides that the City will not tax the Authority property but will receive 10% of the shelter rent.
Ms. Ramsey noted that HUD has reduced the number of the units to be built from 50 to 25.
Mr. Boaman stated that the committee noted the fact that the Dover Housing Authority has owed the City of Dover $16,858.25 for a long period of time and no payments have been made. He advised that the City received a check for $2,000 in payment on the account on June 4, 1985. They also agreed to pay $2,000 each month to the City until the debt is paid in full.
The committee recommended that the co-operation agreement not be signed by the City of Dover until such time that the $16,858.25 is paid in full by the Housing Authority.
Mr. Boaman advised that a check was received for payment in full by the Housing Authority and moved that the City of Dover sign the co-operation agreement with the Dover Housing Authority. The motion was seconded by Mr. Witt and carried by a unanimous roll call vote (Mr. Weyandt and Mr. Shevock absent).
Discussion - Re-apportionment of Council Districts
In a previous meeting, the Legislative and Finance Committee narrowed down to three the choice of maps re-apportioning the four Council districts. There was also discussion at the committee level on the possibility of delaying action by Council on Council district boundaries until the Charter Review Committee has an opportunity to submit a recommendation.
Mr. Boaman advised that the committee felt that they were asked to submit a recommendation before the end of the fiscal year, in time to submit legislation to the General Assembly.
In reviewing the University of Delaware reapportionment plans that took into consideration the shift in population in each of the districts, the committee recommended that map #5 be selected as the recommended district boundary lines.
Mr. Boaman moved that the proposed Council district boundaries, as shown on map #5, be approved and a resolution be prepared for submission to the General Assembly. The motion was seconded by Mr. Richter.
It was Mr. Witt's feeling that a change in Council district boundaries should not be initiated during the period of time that the Charter Review Committee is preparing to submit recommendations to Council.
Mr. Witt moved that the matter be tabled until such time that the Charter Review Committee comes back to the City with recommendations. The motion was seconded by Mr. Christiansen and carried by a vote of four (4) yes, two (2) no (Mr. Richter and Mr. Boaman) with Mr. Weyandt and Mr. Shevock absent.
Finance Director - Council Appointee
The committee spent considerable time discussing the merits of placing the Finance Director under the Mayor and Council as an appointee versus being an employee of the City Manager.
The committee recommended that the matter of the Finance Director being a Council appointee and the City Assessor reporting directly to the City Manager be referred to the Charter Review Committee.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.
Authorization to Submit Library Grant
The committee recommended authorization to submit an application for $100,000 of State Library Grant Funds to be designated towards the mechanical systems of the City library.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried by a roll call vote with Mr. Weyandt and Mr. Shevock absent.
Mr. Boaman advised that a check for $25,000 was also received from the Longwood Foundation and congratulated those persons responsible for obtaining the grant.
Mr. Bartolotta stated that the City will not be permitted to bid the library renovation project until such time that the State makes a decision on the grant. This will probably delay the bid process by approximately six weeks. The $25,000 grant from the Longwood Foundation hopefully can be utilized for finishing the basement of the library.
State Housing Loan Program - Guidelines
The City of Dover has been allocated $125,000 from the Delaware Housing Development Fund for the purpose of providing Housing Rehabilitation Loans to eligible owner occupants and investor-owners for the purpose of improving their units in accordance with the City Housing Code.
Staff recommended that the following options be adopted into the operation of the City's Housing Rehabilitation Loan Program:
1. Designate the entire City of Dover as the target area eligible to apply for the loan funds.
2. Enable both owner-occupant and investor-owned properties to apply for loan funds, with the understanding that loans will be awarded on "eligible" first come first serve basis; and limiting investor to obtaining no more than two loans.
3. The Community Development Division would retain control over the construction component as a result of its having to disburse the funds from established escrow accounts. The CD inspector would be responsible for conducting periodic inspections of the property to insure compliance with all applicable codes.
4.Require all properties assisted to be brought up to the City of Dover Housing Code.
The committee recommended approval of the guidelines with the exception of #2 which will be amended, placing emphasis on owner-occupied residences. In addition, the committee recommended that #2 stipulate that the loans be opened up to any owner-occupied residence in the City but investor-owned properties would only be allowable within the designated housing rehabilitation target area.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Witt and carried by a unanimous roll call vote, with Mr. Weyandt and Mr. Shevock absent.
Old Age Tax Exemption
A letter from Mr. & Mrs. John E. Azzolini, Sr. of 476 Fiddlers Green, submitted to the Legislative and Finance Committee by Mr. Witt, stated their lack of knowledge concerning the old age tax exemption. Other senior citizens have complained to members of Council that they did not receive proper notice of the tax exemption in time to submit an application to the Assessor's Office.
The committee noted the workload of the Assessor's Office due to the tax re-evaluation project and the fact that the exemptions could not be made public until adoption by the State General Assembly which left very little time for notification to eligible senior citizens.
After discussing the matter, the committee recommended that the Assessor's Office compile a plan for committee review that would extend the old age tax exemption privileges to all eligible residents within the City. Those eligible citizens who have paid their taxes would be reimbursed.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Bulley and unanimously carried.
Bond Rating
Mr. Boaman advised Council of notice Moody Investors Services that the City's General Obligation Bonds have been rated A-1 which is an excellent rating.
City Insurance Coverage - Review of Proposals - Special Meeting
Mr. Boaman gave notice of a special meeting of the Legislative & Finance Committee on June 19, 1985 at 7:30 p.m. to review bids from various insurance companies proposing coverage for the City of Dover.
Mr. Boaman moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Witt and unanimously carried.
PROPOSED POSITION - ASSESSOR'S OFFICE - ASSESSMENT ADMINISTRATOR
Mr. Boaman advised of an executive session following the Legislative and Finance Committee Meeting to discuss re-organization of the Assessor's Office. The proposal would create a new position entitled "Assessment Administrator" and carry a classification of G-16 on the wage scale. Mr. Lucas of the Assessor's Office requested that this position be filled effective July 1, 1985 to allow a training period prior to the retirement of Mr. McDowell. Attached to the proposal was a statement of duties of the position and job qualification description.
Mr. Boaman moved for approval to create a new position in the Assessor's Office, to be known as Assessment Administrator with wage classification of G-16, effective July 1, 1985. The motion was seconded by Mr. Witt and carried by unanimous roll call vote (Mr. Weyandt and Mr. Shevock absent).
KENT COUNTY TAX RELIEF
Mr. Boaman stated that it has been brought to his attention that the long meetings that the City Council Sub-committee has conducted with the Kent County Levy Sub-committee in regards to the tax relief sought by the City of Dover and other municipalities, has failed in the attempt to initiate amendments to the Kent County home rule legislation. The Kent County Levy Court is submitting a home rule bill to the General Assembly during the week of June 9th, containing no amendments in regards to the City of Dover protection of assets provisions or duplication of services reimbursement.
In light of this, Mr. Boaman stated that he felt it pertinent to submit a resolution to the General Assembly accompanied by a local service function budget that is identical to the home rule bill approved by the General Assembly for New Castle County.
Mr. Boaman submitted a resolution to members of Council for their review.
Mr. Boaman suggested that the resolution, along with the local service function budget legislation and a cover letter, be mailed to all legislators.
Mr. Witt also suggested that the legislation and resolution be mailed to other municipalities in Kent County requesting their support.
The City Clerk read into the record the following resolution:
WHEREAS, the City of Dover provides many local service functions to its residents that are duplicated by Kent County; specifically, planning, zoning, engineering, assessments, mapping, code enforcement and parks and recreation; and
WHEREAS, the City of Dover also provides many other local service functions to its residents not furnished by Kent County such as police protection, fire protection, health inspection, licensing, street maintenance, street cleaning, street lighting, snow removal, trash collection, ambulance/paramedic services, and library; and
WHEREAS, these local service functions provided by the City of Dover are financed almost exclusively by taxation of real property within the corporate limits of the City of Dover; and
WHEREAS, Kent County also assesses and collects real property taxes from residents of the City of Dover and does not offer any relief from county taxation because of local service functions provided by the City of Dover which are financed by the same taxpayers; and
WHEREAS, double taxation of property owners in the City of Dover for similar or same functions is inequitable, unjust, and in violation of the equal protection laws; and
WHEREAS, the City of Dover has sought to have the Levy Court of Kent County to give recognition to the local services concept and give tax relief to residents of the City; and
WHEREAS, the General Assembly of the State of Delaware has granted New Castle County local service function legislation that provides relief to taxpayers of municipalities.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council respectfully urge the passage of legislation in the form of a local service function concept granting relief to residents and taxpayers of the City of Dover from County taxation and recognizing duplicate services provided by the City and other services not furnished by Kent County.
Mr. Witt moved for approval of the resolution, seconded by Mr. Bulley and carried by a unanimous roll call vote (Mr. Weyandt and Mr. Shevock absent).
REZONING REQUEST - PROPERTY LOCATED ON SOUTHEAST CORNER OF RIVER ROAD EXTENDED AGNES WILLEY ESTATE
A request was received to rezone property located on the southeast corner of River Road Extended, owned by the Agnes Willey Estate.
Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Christiansen, Council unanimously adopted the following resolution and referred the request to the Planning Commission (Mr. Weyandt and Mr. Shevock absent):
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 southeast corner of River Road Extended are presently zoned for R-10 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on July 22, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-10 to C-4 that property located on the southeast corner of River Road Extended, owned by the Agnes Willey Estate.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: JUNE 10, 1985
CORRESPONDENCE
Central Delaware Chamber of Commerce - Request for Pledge for Independence Day Celebration - July 4, 1985
A letter from the officers of the Central Delaware Chamber of Commerce requested a $500 pledge from the City of Dover to assist in financing the July 4th celebration to be held on Thursday evening.
Mr. Witt moved for approval of the request, seconded by Mr. Bulley and unanimously carried.
United Way of Delaware - Mr. Edward Hagemeyer, Central Delaware Executive Chair United Way of Delaware - Request for Workshop with City Council
A letter from Mr. Edward W. Hagemeyer, United Way of Delaware Executive Board Chairman, advised of a donation involving an office building. Mr. Hagemeyer stated that they wish to locate the building within the City and proposed a joint meeting of Council and Board Members of United Way on June 19th or 20th.
Mr. Richter moved that the matter be referred to the Legislative and Finance Committee, the Planning Commission, and the Parks and Recreation Committee, stipulating that a workshop with Council be held on June 24, 1985 just prior to the Regular Council Meeting. The motion was seconded by Mr. Witt and unanimously carried.
Robert D. Springer, Maior General USAF - Letter of Appreciation
A letter from Major General Robert D. Springer, Dover Air Force Base, expressed appreciation for the Mayor's letter of thanks concerning the Air Base participation in Old Dover Days.
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Christiansen and unanimously carried.
Gail A. Brown Light, President - Presidential Courts Homeowners Association - "NO Outlet Sign"
A letter from Ms. Gail A. Brown Light, President of the Presidential Courts Homeowners Association requested a "No Outlet" sign on George Washington Drive to prevent confusion with motorists who think that the street is a thru street.
Mr. Witt moved for referral to the Safety Advisory Committee, seconded by Mr. Christiansen and unanimously carried.
Notice of Retirement - Glendon McDowell - City Assessor
A letter from City Assessor Glendon McDowell announced his request for retirement, effective October 15, 1985.
Mr. Boaman moved for approval of the request and requested that a resolution be drafted. The motion was seconded by Mr. Christiansen and unanimously carried.
Request for Sidewalk Sale - Robert Berglund, President of Central Dover Business Association
A request was referred from Mr. Robert M. Berglund, President of the Central Dover Business Association, that store owners in the downtown area be permitted to conduct a sidewalk sale on June 14 and 15, 1985.
Mr. Witt moved for approval of the request, seconded by Mr. Christiansen and unanimously carried.
Re-apportionment Proposal - Marian Penn
A proposal was received from Ms. Marian Penn outlining plans for re-apportionment of the Council districts.
Mr. Christiansen moved for referral to the Legislative and Finance Committee and to the Charter Review Committee, seconded by Mr. Witt and unanimously carried.
Buffer Zone - Schoolview - Mr. Thomas MacLeish
A letter was received from Mr. Thomas MacLeish advising that a buffer zone should be erected between Schoolview and an adjacent commercial development.
Mayor Carroll suggested referral to the Planning Commission since the Commission originally reviewed the plans of the commercial development and have knowledge of what was agreed upon at that time.
Mr. Witt moved for referral to the Planning Commission, seconded by Mr. Christiansen and unanimously carried.
Council adjourned into executive session to discuss personnel matters at 8:12 p.m.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of June 10, 1985, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
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