Regular City Council Meeting
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Jan 28, 1985 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Meeting of Council was held on January 28, 1985 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Bulley, Christiansen, Weyandt and Shevock. Mr. Witt was absent.

The invocation was given by the Reverend J.H. Williams, Council Chaplain.

AGENDA ADDITIONS/DELETIONS

Mr. Boaman requested additional agenda items under the Legislative and Finance Committee Report to consider the appointment of the City Auditor for fiscal year 1984/85 and a police personnel wage study that would involve patrolman through sergeant.

Mayor Carroll requested additional agenda items to consider a letter from the Division of Historical and Cultural Affairs concerning parking by the Liberty Bell on Federal Street, and a letter from the Kent County Levy Court requesting a meeting with Council.

PRESENCE OF BOY SCOUT TROOP #632

Mr. Gary Patterson introduced members of the Boy Scout Troop #632 who were in attendance for the purpose of earning their Citizenship of the Community merit badge. Co-leaders of the troop Dan Marsh, Jeff Reed and Gordy Johnson were also present.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 14, 1985

The minutes of the Regular Council Meeting of January 14, 1985 were unanimously approved by motion of Mr. Bulley, seconded by Mr. Shevock, and bore the written approval of Mayor Carroll.

MONTHLY REPORTS - DECEMBER 1984

By motion of Mr. Weyandt, seconded by Mr. Bulley, the following monthly reports for December 1984 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

ANNUAL REPORT - INSPECTIONS AND PLANNING

Mr. Roe submitted a detailed report for the departments of Inspections and Planning for calendar year 1984 that incorporated comparisons from the year 1978 to 1984 inclusive.

Mr. Bulley moved for approval of the report as submitted, seconded by Mr. Christiansen and unanimously carried.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on January 16, 1985 at 4:00 p.m. with Chairman Boaman presiding.

Payment for Services in Lieu of Taxes - State and County Property

Mr. Boaman advised Council that City Solicitor Rodriguez has devised a proposed Act to provide for payment to municipalities by the State of Delaware and various County properties to compensate municipalities for loss of tax revenue.

The committee recommended approval of the Act that will be submitted to the General Assembly of the State of Delaware.

Mr. Boaman moved for approval of the committee's recommendation, seconded by Mr. Christiansen.

Mr. Boaman explained that Representative E. Stuart Outten had submitted a bill during the General Assembly's session last year. This bill proposed a different methodology in collecting revenue for State and County properties than that proposed in the Act devised by Solicitor Rodriguez. He therefore moved to amend the main motion that the Act be submitted to Representative Outten for his review and report back to the Legislative and Finance Committee before final submission to the General Assembly. The amendment was seconded by Mr. Bulley and unanimously carried.

A vote on the main motion to submit the Act to the General Assembly was carried unanimously.

Old Age Tax Exemption

By enlightenment of Mr. Richter, it was found that a proposed adjustment in property tax exemptions for the elderly was in violation of State Code. Mr. Boaman advised Council that Representative Bennett is submitting a bill for the purpose of changing state statutes so that the City may initiate the proposed old age tax exemptions. It is hoped that the proposed changes in state statutes will be completed in time to include the exemptions in the City of Dover tax structure this year.

Nimlo - Request for Code Book and Mailing of Supplements

Nimlo, who maintains a national library of municipal codes, has requested an updated copy of the City of Dover Charter and Ordinances on a complimentary basis. Mr. Boaman stated that the City usually sells these copies in the amount of $150.

Recognizing that the City Solicitor utilizes Nimlo and their legal staff for research in devising ordinances for the City of Dover, it was the committee's recommendation that the City Clerk mail an up-to-date copy of the Charter and Ordinances to the company and furnish future supplements.

Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.

City Clerk - Funds to Program Voter Registration

The City Clerk submitted a request for $600 to engage Custom Softwares for the purpose of writing a computer program for voter registration. The committee recommended approval of the request since the program will afford various methods of extracting eligible voters from the list.

Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.

Rental Rehabilitation Program

The committee discussed available funds from the State for rental property rehabilitation. This program was turned down by Council in August 1984 due to the small amount of funds, cost of administrating the program, and a general feeling that investment property should not be involved in receiving grants.

The committee recommended that the City of Dover not accept any of the rental rehabilitation funds.

Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Shevock and unanimously carried.

Proposed Charter Changes - Councilman Christiansen

Mr. Boaman advised that the committee deferred most of the items on proposed Charter changes submitted by Councilman Christiansen since Mr. Christiansen was not in attendance when the items were brought on the floor at the Legislative and Finance Committee meeting. The deferred items will be a part of the agenda at the next committee meeting.

Re-apportionment, which has been discussed many times in the past was reviewed with the committee recommending that prices be obtained from the University of Delaware, College of Urban Affairs and Public Policy.

Mrs. Phyllis Rabb, Manager of Census and Data at the University, submitted a four point proposal which would include population counts of Council districts, five alternative plans from which to choose, a computer printout showing 1980 census tracts and census blocks within each Council district, and a short technical report describing the procedures used in certifying the accuracy, at a cost to the City of $1,500.

Mr. Boaman moved to engage the University of Delaware to do a re-apportionment study immediately; said study incorporating the four points included in the proposal. The motion was seconded by Mr. Bulley.

Mr. Tudor questioned the advisability of proceeding with the re-apportionment prior to the opportunity afforded to Mr. Christiansen to present his points of view.

After some discussion, Mr. Christiansen stated that the study would have no affect on any material or recommendations that he may Wave to present to the committee.

Mr. Bulley called for the question.

By a roll call vote of six (6) yes, one (1) no (Mr. Weyandt), with Mr. Witt absent, the proposal from the University of Delaware was accepted.

Appointment - City Auditor - 1984/85 Fiscal Year

After a general discussion in executive session, members of Council felt that the appointment of an auditor for fiscal year 1984/85 should be accomplished so that certain aspects of the audit procedure can begin immediately.

Mr. Boaman moved that the firm of Manter, Lafferty and Mitten be appointed as auditors for fiscal year 1984/85, seconded by Mr. Bulley and carried by a roll call vote of seven (7) yes, one (1) absent (Mr. Witt).

Mr. Weyandt moved that the Legislative and Finance Committee be directed to obtain a proposal from all interested auditors; said proposals to be presented to Council by June 30, 1985 for the purpose of conducting the 1985/86 fiscal year audit. The motion was seconded by Mr. Tudor.

As chairman of the Legislative and Finance Committee, Mr. Boaman stated that he would not like to be saddled with a date for presentation of proposals to Council. He stated that the committee would initiate the process of obtaining proposals as quickly as possible but also as professionally as possible.

By a voice call vote of five (5) yes, two (2) no (Mr. Boaman and Mr. Christiansen), with Mr. Witt absent, the motion was carried.

Police Department Classification Study - Patrolman, Private, Corporal and Sergeant

A request was received from Chief Klenoski to perform a classification pay study for the positions of Patrolman, Private, Corporal and Sergeant. The study will be consistent with the last pay study conducted by the University of Delaware and adopted by Council. The cost of the study is $900.

Mr. Boaman moved for approval of the pay study by the University of Delaware, seconded by Mr. Bulley and unanimously carried.

Mr. Boaman moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.

CORRESPONDENCE

James T. Vaughn, Jr. - Attorney Representing Mr. & Mrs. Eugene Moore - 48 S. Governors Avenue - Appeal of Denial for Curb Depression

A letter from attorney James T. Vaughn, Jr., representing Mr. & Mrs. Eugene Moore, advised that they wish to purchase a lot on Governors Avenue, just north of Reed Street, said lot being 27' wide.

A request submitted by Mr. & Mrs. Moore to the City Manager for a depressed curb was denied. The depressed curb was for a proposed parking lot off Governors Avenue. Mr. & Mrs. Moore are appealing the City Manager's denial.

Mr. Weyandt moved for referral to the Safety Advisory Committee, seconded by Mr. Shevock and unanimously carried.

Capital School District - Request for Rail Guards at Silver Lake on Bridge Causeway

A letter from Ciprian Jesus Clemente suggested guard rails along the perimeter of Silver Lake at the bridge to prevent vehicles out of control from entering the lake.

Mr. Weyandt moved for referral to the Safety Advisory Committee, seconded by Mr. Shevock and unanimously carried.

Division of Historical and Cultural Affairs - Parking Tuesday through Friday - Liberty Bell on Federal Street - April through June

A letter from Winifred H. Talemal, Supervisor for Kent County Museums - Division of Historical and Cultural Affairs, requested three (3) parking spaces at the Liberty Bell on Federal Street, Tuesday through Friday, during the months of April, May and June.

Chief Klenoski stated that the State of Delaware presently has a request before the Safety Advisory Committee to remove six (6) parking spaces in the Capitol Complex for the handicapped. If the request is honored, this would eliminate a total of nine (9) parking spaces.

Mr. Richter moved for referral to the Safety Advisory Committee, seconded by Mr. Shevock and unanimously carried.

Kent County Levy Court - Request for Meeting with Council

Mayor Carroll advised of receiving a letter from the Kent County Levy Court proposing a meeting between members of Levy Court and Council. He suggested that this be referred to the Legislative and Finance Committee to coordinate the meeting and topic to be discussed.

Mr. Shevock moved for the Mayor's recommendation, seconded by Mr. Weyandt and unanimously carried.

Meeting Adjourned at 7:55 P.M.

                                                                                    WILLIAM H. WILLIS 

                                                                                    CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of January 28, 1985, are hereby approved.

                                                                                    CRAWFORD J. CARROLL

                                                                                    MAYOR

February 1, 1985

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