REGULAR MEETING
October 24, 1983
The Regular Meeting of Council was held on October 24, 1983 at 7:30 p.m. with Mayor Carroll presiding. Councilmen present were Messrs. Richter, Tudor, Boaman, Hardcastle, Christiansen, Witt, Weyandt and Shevock.
Mayor Carroll declared a minute of silent prayer for those servicemen who were injured and killed in the recent bomb blast in Beirut.
INVOCATION
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Councilman Boaman requested that an item under correspondence concerning a request by Delaware Technical and Community College, to use portable classrooms on Terry Campus, be moved to an item following the Legislative and Finance Committee Report.
Mayor Carroll requested that a public hearing be added to the agenda, concerning an amendment to Article 3, Section 10.15 of the Zoning Code, related to firearm ranges.
PROCLAMATION - UNITED STATES AIR FORCE BAND DAY
Mayor Carroll submitted the following Proclamation:
WHEREAS, the United States Air Force Symphony Orchestra is an official musical representative of the United States Air Force, and
WHEREAS, is has traveled in all fifty states and in most of the countries of the world representing the United States Air Force, and
WHEREAS, it has earned the title of “America’s Musical International Ambassadors”, and
WHEREAS, Dover is pleased that it has selected our City for a performance on October 26, 1983 to be held in the Central Middle School Auditorium at 8:00 p.m.
NOW, THEREFORE, I, CRAWFORD J. CARROLL, Mayor of the City of Dover, do hereby proclaim this day, Wednesday, October 26, 1983 as “UNITED STATES AIR FORCE BAND DAY” throughout the City of Dover.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 26, 1983
The Minutes of the Regular Council Meeting of September 26, 1983 were unanimously approved by motion of Mr. Boaman, seconded by Mr. Shevock and bore the written approval of Mayor Carroll.
PUBLIC HEARING - REZONING - PROPERTY ON WEST SIDE OF NEW BURTON ROAD - MABEL S. GRIFFITH AND EUGENE G. & MARLENE G. AUEN
A public hearing was duly advertised for this time and place to consider rezoning property on the west side of New Burton Road (West Street), owned by Mabel S. Griffith and Eugene G. & Marlene G. Auen. The equitable owner is Dover Rent All, Inc.
Mayor Carroll declared the hearing open.
There was no one present to speak for or against the rezoning and no correspondence.
Mayor Carroll declared the hearing closed.
Mr. Weyandt moved for approval of the rezoning, seconded by Mr. Christiansen, and by unanimous roll call vote (Mr. Hardcastle absent) Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE WEST SIDE OF NEW BURTON ROAD (WEST STREET).
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-1 to C-3.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-1 to C-3 on that property located on the west side of New Burton Road (West Street), owned by Mabel S. Griffith and Eugene G. & Marlene G. Auen.
ADOPTED: OCTOBER 24, 1983
PUBLIC HEARING - REZONING - J.G. SMITH ESTATE - KINGS HIGHWAY N.E. - LUTHER TOWERS OF DOVER, INC.
A public hearing was duly advertised for this time and place to consider rezoning a parcel of land on Kings Highway N.E., adjacent to the present Luther Towers highrise and Silver Lake.
Mayor Carroll declared the hearing open.
Attorney Joshua Twilley was present representing the applicant, stating his willingness to answer any questions that might be presented.
There was no correspondence. Mayor Carroll declared the hearing closed.
Mr. Witt moved for approval of the rezoning, seconded by Mr. Christiansen and by unanimous roll call vote (Mr. Hardcastle absent), Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON KINGS HIGHWAY N.E.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-4 to RG-2.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from C-4 to RG-2 on that property located on Kings Highway, N.E., owned by J.G. Smith Estate (Luther Towers of Dover, Inc. - equitable owners).
ADOPTED: OCTOBER 24, 1983
PUBLIC HEARING - 1984 COMMUNITY DEVELOPMENT BLOCK GRANT
A public hearing was duly advertised for this time and place to consider allocation of funds to be granted by the State Department of Community Affairs, Division of Housing, under the Delaware Block Grant Program. The federally funded program provides grants amounting to 1.5 million dollars to support Community Development activities in eligible local governments in Kent and Sussex Counties. The public hearing is for the purpose of providing any interested citizen the opportunity to comment on the proposed projects to be included in the municipality’s application.
The City Clerk read into the record the following statement as it appeared in the public hearing notice:
“The City of Dover, Delaware in cooperation with the State Department of Community Affairs, Division of Housing (DOH) will hold a public hearing on Monday, October 24, 1983, at 7:30 p.m. during the regularly scheduled Mayor and Council Meeting in the Mayor and Council Chambers, located in City Hall, Dover, Delaware for the purpose of providing any interested citizen the opportunity to comment on the proposed projects to be included in the municipalities application for funds under the Delaware Block Grant Program and to answer questions relative to the program.
This federally funded program will provide grants amounting to 1.5 million dollars to support Community Development activities in eligible local governments in Kent and Sussex Counties.
For further information on this hearing, please contact Mr. Nadab O. Bynum at 736-7095.”
Mayor Carroll declared the hearing open.
Mr. Jamie O’Spina of 16 South New Street, stated that he ha initiated a civic organization in the rehabilitation target area in an attempt to determine the wishes and needs of the people. One of the main concerns of the citizens was some type of recreation facility for children.
Speaking in relation to the park area located on the corners of Slaughter and Loockerman Streets as one of the parks to be upgraded with grant monies, he felt that an improved park in the area of Mary Street would be much more feasible since the park on the corner of Slaughter Street is influenced by adult activities on Kirkwood Street. Mr. O’Spina also mentioned the necessity of improving curbs, gutters and sidewalks in areas where homes have been rehabilitated.
Ms. Emily Morris praised members of Council for the progress shown in rehabilitating housing in the target area of the City of Dover. She reminded members of Council that the grant monies also include other eligible activities other than rehabilitating houses. Ms. Morris related to activities such as public facilities and those projects that will enhance economic development such as the Capitol Green Day Care Center that handles up to 200 children per day from 6:30 a.m. until 2:00 a.m. She requested that Council consider some of these eligible activities for future appropriations.
Mr. George Sorden of 8 South Queen Street expressed his appreciation for the rehabilitation that has taken place in his neighborhood and stated that the improvements have assisted in making residents more aware of the appearance presented by their properties.
Mayor Carroll declared the hearing closed.
Since the 1984 Community Development Block Grant was considered by the Legislative and Finance Committee during a meeting of October 19, 1983, Mayor Carroll and Committee Chairman Boaman agreed that the report of the committee should be given at this time for consideration by Council.
Mr. Boaman referred to Mr. Nadab Bynum, Director of the City of Dover Block Grant Program, for a report on the recommended appropriations for the 1984 Grant.
Mr. Bynum reviewed rehabilitation accomplished in past Block Grant Programs and advised Council that the City of Dover will be applying for a total grant of $300,000 for the 1984 grant. The grant will encompass rehabilitation of 20 units at a cost of $200,000. For the fist time, Mr. Bynum stated that the City will apply for $60,000 in public works improvements such as curbs, gutters and sidewalks; $35,000 will be earmarked for administrative costs; $5,000 for park improvements.
Questioned by Mr. Christiansen, Mr. Bynum stated that in 1982 (through comments by citizens) the Division of Housing has made rental properties eligible for rehabilitation. In the past, the City of Dover has concentrated on owner-occupied units since many of the homes in the target area fall under this category. Rehabilitation of rental properties includes certain guidelines; one of those being that the rent cannot be escalated within a certain period of time and regulated by a certain allowable percent of increase in rent.
Mr. Bartolotta stated that staff has considered making loans available to owners of rental properties instead of an outright grant. These loans would have to be repaid along with the stipulations that rents could not be increased or the property could not be sold within a certain period of time. It is planned that this concept be studied in the future, incorporating the aforementioned constraints.
Mr. Weyandt alluded to the fact that the Legislative and Finance Committee had discussed removal of substandard housing in the target area, a majority of those being rental units. There are approximately 11 homes in the target area where one-quarter of a million dollars has been spent for rehabilitation that are uninhabitable. A portion of the grant could be set aside for demolition if the City could not recoup the cost through liens if this could not be accomplished through enforcement of existing ordinances. He requested that this be a part of the motion for appropriating the grant, noting that this is an eligible activity under the grant guidelines.
Mr. Christiansen stated that he was uncomfortable with the idea of improving the Slaughter Street playground when the Mary Street facility seemed to attract more participants.
Mr. Boaman moved that the 1984 Community Development Block Grant funds be utilized in the following manner:
$200,000 - for housing rehabilitation
60,000 - for public works improvement
such as curbs, gutters & sidewalks
35,000 - for administrative costs
5,000 - for park improvements
The motion was seconded by Mr. Hardcastle.
Mr. Weyandt moved to amend the motion, setting aside an amount not to exceed $5,000 for demolition of those uninhabitable units in the target area where the money for demolition cannot be recouped by the City of Dover through the process of a lien as provided by existing ordinances. The amendment was seconded by Mr. Witt.
By a unanimous roll call vote, the amendment to the main motion was unanimously carried.
By a unanimous roll call vote, the 1984 Community Development Block Grant Program was approved as amended.
PUBLIC HEARING - ZONING ORDINANCE AMENDMENT - ARTICLE 3, SECTION 10.15 - FIREARM RANGES - CONDITIONAL USE
By motion of Mr. Boaman, seconded by Mr. Witt, Council by unanimous roll call vote, adopted the following zoning ordinance amendment:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Zoning Ordinance of the City of Dover is hereby amended by adding a new subsection to be designated Article 3, Section 10.15 to read as follows:
“10.15 Firearms ranges as a conditional use subject to the approval of the Planning Commission under the provisions of Article 10, Section 1.”
ADOPTED: OCTOBER 24, 1983
MONTHLY REPORTS - SEPTEMBER
Under the Building Inspector’s and Fire Marshal’s Report, Mr. Roe pointed out a request for vacation.
By motion of Mr. Richter, seconded by Mr. Weyandt, Mr. Roe’s vacation was approved.
Referring to the City Alderman’s Report and J.P. Court #7 Report, Mr. Weyandt requested that future reports incorporate a year-to-date accumulation of fines collected, showing a comparison with the previous year.
Mr. Witt point out that the General Fund, Cash Receipts Report, indicates taxes received in the amount of $2,067,978, in comparison to the City Assessor’s Report, indicating an amount collected of 2.157 million dollars.
Mr. Karia explained that the difference reflected in the two reports is relative to discounts or actual cash collected.
Mr. Witt suggested that future reports be coordinated to reflect discounts.
By motion of Mr. Hardcastle, seconded by Mr. Weyandt, the following monthly reports for September 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 and Budget Report
Electric Revenue Fund, Revenue and Budget Report
Electric Divisions Report
Municipal Street Aid Fund, Cash Receipts/Disbursements Report - July, August & September
Parking Fund (Bradford Street Lot) Cash Receipts & Budget Report - July, August & September
Police Grants Fund, Cash Receipts & Budget Report - July, August & September
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on October 5, 1983 at 4:00 p.m. with Chairman Hardcastle presiding.
Traffic and Trash Complaint - Edith Miller - Alley from Division Street to Loockerman Street - Behind Edgehill Shopping Center
The committee discussed a complaint from Mrs. Edith Miller, 620 E. Division Street, concerning trash and heavy traffic in the alley running from Division Street to Loockerman Street, behind Edgehill Shopping Center.
A report submitted by Captain Hutchison of the Police Department indicated approximately 18 to 20 automobiles in the alley during the lunch hour. There were no incidences of trash being thrown from the vehicles.
The Police Department recommended that the alley be left as is, a public alley for thru traffic, stipulating that the alley would be closely observed in the future and recommendations submitted to the committee if necessary.
The committee agreed with the Police Department’s recommendation that no change in the alley be initiated at this time.
Traffic Lights Throughout the City - Dr. Joel Temple
Dr. Joel Temple appeared before the committee requesting that State Street and Governors Avenue traffic lights be coordinated to eliminate the necessity of stopping at each intersection; that the light on Loockerman Street and Legislative Avenue, and on Walker Road and Pear Street be modified for flashing during off traffic hours; left turn arrows on traffic lights be eradicated, leaving the left turn lanes for vehicles to utilize when the intersections are clear; and overpasses and underpasses at key streets along Route #13.
Mr. Bartolotta informed the committee that steps will be taken to put the traffic lights located at Legislative Avenue and Loockerman Street on blinker during off-peak traffic hours.
Mr. Temple was informed that the State Highway Engineering Department has conducted a study of the traffic signals throughout the City that resulted in the present installations and coordination of all lights for the most efficient traffic flow.
Although the committee took no action, Captain Hutchison stated that he would run a recheck to determine if any of the lights in the City are out of coordination in terms of the way they were originally set.
Request for Handicapped Parking Spaces - 21 & 23 South New Street
A letter from Ms. Patricia Hemphill requesting Handicapped Parking Only for the convenience of two elderly ladies living at 21 & 23 South New Street was considered by the committee.
The committee agreed on the recommendation of the Police Department to deny the request feeling that it would start a poor precedent for residential areas.
Mr. Hardcastle stated that he had informed Ms. Hemphill of the committee’s action and that the Police Department plans to closely monitor illegal parking in the area.
Traffic Signal - State and Water Streets
Mr. Hardcastle presented to the committee a proposal that would install a left turn signal at State and Water Streets travelling north and south. After discussing the matter, it was pointed out that the same condition exists at other intersections within the City. The committee suggested that the City Manager coordinate a study with the Police Department concerning left turn signals at various intersections throughout the City. A report will be submitted to the committee at later date.
Update - Walker Road, Governors Avenue and State Street Intersection
As requested by Mr. Christiansen, Mr. Roe informed Council of a meeting with the Department of Highways on September 15, 1983 at 1:30 p.m. The meeting included Mr. Raymond Richter of the Highway Department and other engineers, representatives of Richardson Associates and members of Krapf and Crompton organizations. Preliminary plans of the intersection were reviewed and approved in preparation for reconstruction of the intersection. The meeting did not incorporate any discussion on the traffic lights to be situated at Walker Road, State Street and Governors Avenue.
Mr. Roe contacted Mr. Raymond Richter on October 24t and was advised that after the September 15th meeting, Engineer Raymond Richter was directed by Mr. Dick Bewick, of the Highway Department, to devise an agreement on traffic light at the intersection to be presented to Krapf and Crompton, the developers. The agreement stipulated certain costs to the developers of Silver Lake Plaza. Krapf Associates and Mr. Crompton rejected the agreement. Since that time the agreement has been rewritten, reducing the cost of the traffic light installations at Walker Road, Governors Avenue and State Street.
Mr. Roe pointed out that the City of Dover has cooperated and accomplished everything that was requested for further completion of the intersection. The responsibility now lies specifically with the Highway Department and negotiations with the developer. He also pointed out to those involved that it would be foolish to tear up the intersection at this time of the year due to the oncoming inclement weather of winter.
Mr. Hardcastle moved for acceptance of the Safety Advisory Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on October 18, 1983 at 7:30 p.m. with Chairman Richter presiding.
Step I Sewer Facility Plan - Terraqua Report
Mr. Richter advised Council of a study that is being conducted by Terraqua Resources Corporation who is preparing a Step I Wastewater Treatment Facilities Plan for Dover Brook Gardens, State College Road and Whiteoak Road, known as EPA Project #100265-01. Following completion of the study, the City will go before the EPA for a grant for the construction.
Mr. Richter advised Council that the preliminary plans submitted by Terraqua did not consider future expansion in these areas and it was the committee’s opinion that it would be foolish to initiate construction without accommodating possible future development. The committee requested that Terraqua submit additional plans that would consider future growth and include cost comparison figures.
Since federal guidelines state that future development in an area cannot be considered for grant monies, Mr. Richter stated that the City might be 100% financially responsible for this segment of the program.
Cable Television - Channel 4 - Dover Report
Mr. Richter informed Council of a proposal by Mr. Levitt of the Utility Committee that would initiate a 30 minute live television show called “The Dover Report”. The program would afford an opportunity for members of staff and Councilmen to discuss and air any subject matter pertinent to the affairs of the city. The committee suggested that Mr. Levitt continue his discussions with Storer Cable Television and felt that the program was an excellent idea.
Since the committee meeting, Mr. Richter was informed by Mr. Levitt that the first program will probably take place in November or December of this year.
Side Loader Refuse Collection Truck
Mr. Richter advised Council that the 1983/84 fiscal budget included $73,000 for the purchase of an additional side loading refuse collection truck. The budget, which included funds for the purchase of an additional truck, was approved under the condition that additional background information on the side loader by complied by the City Manager before approval of the purchase came before Council. This information was submitted by the City Manager’s Office and staff to members of the Utility Committee who voted to recommend that an additional side loading refuse collector vehicle not be purchased. Mr. Richter stated that defeat of the purchase now leaves $73,000 in the budget.
Mayor Carroll advised that these funds will be spent partially by the necessity of hiring additional men and equipment.
Manchester Square - Primary Electric Billing
Mr. Richter explained a request by the Dover Housing Authority that would change their electrical billing from primary to a commercial rate. The Dover Housing Authority has expressed concern that a primary rate billing incorporates a minimum demand charge of 300 kilowatt hours when the present demand at Manchester Square is in the range of 57 to 71 kilowatt hours each month. The change to a commercial rate would mean that Manchester Square would only be charged for the actual demand. He also explained that primary rate customers own their own equipment such as necessary transformers. In the case of commercial rate customers, the City owns the equipment.
The committee discussed the matter and expressed concern that the City would have to purchase the equipment at Manchester Square without knowledge of how the equipment was installed or present condition of that equipment.
The Utility Committee recommended to change the service classification rate tariff to include the following: “If a customer who is on the primary service classification wishes to switch to commercial and industrial classification, he may do so at the customer’s choice. However, a change in classification cannot be allowed more than once in any twelve month period. If such a change occurs, all equipment will continue to be owned and operated by the customer.”
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Christiansen.
Questioned by members of Council, Mr. Richter stated that a change in the service classification rate tariff would allow similar installations as Manchester Square to apply for a commercial rate. If Council approves the suggested addition to the rate tariff, then it would be to the discretion of the City Manager to handle each case individually as requests are received. The City Manager is continuing discussions with Dover Housing Authority as to the disposition of customer owned equipment at Manchester Square. In addition, the 300 kilowatt demand minimum under the primary electric billing will be reviewed for possible adjustment, but Mr. Richter advised Council that this would take an in depth study before the change would be initiated.
Mr. Tudor expressed some concern that a study has not been conducted that would reveal other primary customers who would desire a change to the commercial rate. In addition, the stipulation in the rate tariff amendment that states “all equipment will continue to be owned and operated by the customer” would mean that those who changed from a primary to commercial billing would still own their own equipment yet other commercial accounts in the City would be operating with City of Dover owned equipment.
Mayor Carroll explained that the rate tariff modification would give immediate relief to Dover Housing Authority for Manchester Square. Noting that the City Manager is now studying the question of primary and commercial rate customers, the rate tariff change could be modified or amended if the study reveals any problems with the wording.
By a roll call vote of seven (7) yes, one (1) no (Mr. Tudor), the electric service classification rate tariff was amended as recommended by the Utility Committee.
Water Quality - Treatment
Stemming from a request by a citizen of Bicentennial Village, the committee discussed methods of eliminating an odor that exists in the City of Dover water, known as hydrogen sulfide gas. This usually occurs in water mains where the demand on the main is not sufficient to cause a constant flow or in a main that is not looped and a deadend exists.
The committee was advised by staff that a small amount of chlorination in the City of Dover water system would eliminate the hydrogen sulfide gas odor. This would involve equipment to chlorinate on 14 wells in the City and a capital expenditure of $115,000. Chlorination of each well would cost approximately $2,000 per year.
Mr. Richter stated that this would be a matter that would have to be considered in the operating and CIP budgets for fiscal year 1984/85.
The committee recommended that Council consider chlorination to eliminate the hydrogen sulfide smell only.
It was noted during the committee meeting that the hydrogen sulfide gas odor exists in various locations throughout the City. The City attempts to reduce this condition by blowing off specific areas through a fire hydrant. This increases the flow of water in the mains and results in a temporary solution only.
Mr. Weyandt circulated a diagram of the water mains in and around Bicentennial Village and pointed out that Lamplighter Lane, specifically, is a deadend line. He recommended that City staff make every possible effort to loop the water mains in the Bicentennial area and felt that this would alleviate the hydrogen sulfide gas odor.
Mr. Witt suggested that the question of chlorinating City of Dover water be put to a question during the April 1984 municipal election.
Huebner Farm Lease
Mr. Richter informed Council that the Huebner Farm lease has terminated and it will be necessary to rebid the lease for agricultural use.
The committee recommended that the Huebner Farm be leased for a three year period for agricultural use on a competitive bid basis.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Mrs. Edward Clevenger - Schoolview - Adjacent Property Development
The committee considered a letter from Mrs. Edward Clevenger of the Schoolview Development that expressed a concern for the development of land adjacent to Schoolview, that is zoned C-3 (commercial). She also mentioned a possible overloading of the present sewer system in Schoolview due to planned construction on the land. It was also her opinion that C-3 development would be detrimental to the value of Schoolview property.
After fully discussing the matter, the committee informed Mrs. Clevenger that the City could do nothing about the zoning of the adjacent property since it is in the flight pattern of Dover Air Force Base and zoning is restricted under the Air Installation Compatible Use restrictions. Staff also assured Mrs. Clevenger that the pumping station and sewer lines in that area receive a high priority of attention by the City since most of the homes in Schoolview have basement drains connected directly to the sewer.
Although no action was taken on the matter, Mr. Richter stated that the committee did hear Mrs. Clevenger’s complaints and concerns and afforded her an opportunity to respond. The committee also clarified the permitted uses of C-3 zoning.
Questioned by Mr. Witt, Mr. Richter stated that drains in the basement, connected directly to the sewer, were permitted at the time of the development of Schoolview. Since that time, ordinances prohibit this type of installation.
Mr. Richter moved for approval of the Utility Committee Report as submitted, seconded by Mr. Hardcastle and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on October 19, 1983 at 3:00 p.m. with Chairman Boaman presiding.
Escrow Account - Monies Delivered to the City of Dover Police Department Through Superior Court
Mr. Boaman advised Council of a request by Chief Klenoski of the Police Department to establish an escrow account for monies received from the Superior Court as a result of confiscation by the Police Department through various types of raids. The escrow account would be utilized for the purchase of special equipment and other needs of the department. The Chief of Police would administer the funds in the account.
After discussing the matter, the Legislative and Finance Committee recommended that a separate account be established in the General Fund, with a cap or maximum of $10,000, derived from confiscated monies through police action. Any monies over the maximum of $10,000 allowed will revert to the unfunded portion of the Police Pension Fund. If no unfunded portion exists in the Police Pension Plan, then the monies would revert to the unfunded portion of the Civilian Pension Plan. The recommendation stipulates that no more than $10,000 per year can be expended by the Police Department from the designated account.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Shevock.
It was Mr. Richter’s opinion that such action would be increasing the Police Department’s budget by $10,000.
After additional discussion, Mr. Richter was assured that the monies are used mainly for investigative purposes within the department.
By unanimous roll call vote, the motion was carried as recommended by the Legislative and Finance Committee.
Gift Catalog
Mr. Boaman explained that the City Manager’s Office has initiated a proposal that the City compile a gift catalog. The gift catalog would indicate needs of all the departments of the City of Dover and be distributed to businesses and/or individuals who, through the catalog, could contribute various items as listed, such as bullet proof vests for the Police Department, minor office equipment, etc.
The committee recommended that Council authorize the City Manager to formulate a gift catalog for printing and distribution.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt, and carried with Mr. Richter voting no.
Employee Pay Plan Update
Mr. Boaman pointed out that the 1981 Yarger Report, which established the City’s current pay plan, recommended review and update every two years. Expressing concern that the pay plan may be in need of adjustment, the City Manager recommended that the City contract with the Delaware Public Administrative Institute, an affiliation of the University of Delaware, to review and update the pay plan. The survey would not involve classifications, but merely update the pay scale.
The committee recommended that the City Manager acquire a complete proposal from the Delaware Public Administrative Institute outlining precisely what the survey would incorporate, coupled with cost figures, to be presented to the Legislative and Finance Committee at their next regular meeting.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Shevock and unanimously carried.
Proposed Funding Civic Center Feasibility Study
Mr. Boaman informed Council that the committee has reviewed the current fiscal year 1983/84 budget and found that the franchise fee revenue was underestimated. Staff had estimated a budget of $21,600 in revenues and the actual amount of the franchise revenue received in the last month amounts to $31,640. This has resulted in an additional revenue income of $10,040 that was not foreseen when the budget was prepared.
The committee recommended that $10,000 of the franchise fee surplus be set aside for a civic center feasibility study with Mr. Weyandt voting no.
Mr. Boaman emphasized the fact that a vote in favor of the feasibility study is not necessarily a vote for construction of a civic center.
Mr. Christiansen moved to remove the question of a civic center feasibility study would not impact the budget, taxes, or services, and the Legislative and Finance Committee voted three (3) to one (1) in favor of same, Mr. Boaman moved to allocate $10,000 from the General Fund, with regard to the underestimated Storer Cable Television franchise fees, to the civic center feasibility study if matched by the county. The motion was seconded by Mr. Richter.
By request of Mr. Boaman, the City Clerk advised Council that letters were received from Pittsburg Plate & Glass Industries, Terry Campus, Scott Paper Company, ILC Industries, Diamond State Telephone Company, Vice-President of the Dover Hotel Motel Association, Playtex Corporation and a resolution from the Central Dover Chamber of Commerce; all pointing out the needs for a civic center in the City of Dover and requesting Council’s favorable consideration of a feasibility study.
Mr. Tudor expressed surprise that none of the aforementioned letters from industry contained a contribution towards the feasibility study and intimated an outside influence that prompted the writings. He also expressed concern that he has seen no contract indicating what the feasibility study would cost. In addition, as mentioned during a previous Council Meeting, he felt that the Chamber of Commerce should offer a contribution towards the study.
Mr. Boaman pointed out that Chamber members, through volunteers, have traveled to many states to observe civic centers and talk to administrative personnel. He felt that the Chamber has already contributed immeasurably by obtaining the tract of land for the center which probably has a value in excess of one-half million dollars.
It was Mr. Boaman’s opinion that it would be most unwise to vote negatively on the question of a feasibility study without the facts that would be available from that study.
Mr. Richter stated that he is not prepared to vote for a civic center at this time, but he felt that it is imperative that Council obtain the facts through a feasibility study in order to make an intelligent decision.
Mr. Weyandt stated that he could not vote for a feasibility study for a civic center at this time since it has not been proven that the center would be financially stable or self-supporting. He did not feel that the area around Dover could support such a facility.
Mr. Witt called for the question.
By a roll call vote of four (4) yes, and four (4) no (Mr. Tudor, Mr. Christiansen, Mr. Witt and Mr. Weyandt voting no) the question of a feasibility study for the civic center was defeated.
Mr. Boaman moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Hardcastle and carried.
DELAWARE TECHNICAL AND COMMUNITY COLLEGE - REQUEST FOR PORTABLE CLASSROOMS ON TERRY CAMPUS
Mr. Boaman informed Council that a representative from Delaware Technical and Community College was present in support of a request to place portable classrooms from the Red Clay School District in New Castle on Terry Campus.
Mr. Roe explained that the request involves a waiver of Council on zoning provisions that prohibit trailers in the City of Dover. The portable classrooms would be of a temporary nature until such time that funds are appropriated by the General Assembly for permanent construction. He stated that the portable classrooms that will be utilized have been approved by the Fire Marshal in New Castle County.
Mr. William C. Pfeifer, Vice-President and Campus Director of Terry Campus, was present informing Council that he now has access to one portable classroom but is in need of at least five. He requested approval of at least five portable classrooms so that it would not be necessary to return to Council for approval on each individual portable unit. Mr. Pfeifer stated that they are now actively seeking funds for permanent facilities from the General Assembly and hopefully this will become a reality within the next fiscal year.
Mr. Richter expressed concern that the request was not submitted in a time frame that would have allowed referral to a committee for discussion.
Mr. Pfeifer stated that he has been made aware of the availability of portable classrooms from another school district in the last ten days who indicated that a quick decision on the request must be made since other school districts are interested in the units.
Questioned by Mr. Richter, Mr. Pfeifer stated that the portable classrooms would be placed in a manner that they would be aesthetically acceptable to the campus.
Mr. Boaman moved that Delaware Technical and Community College, Terry Campus, be allowed to install five portable classrooms for a period of five years. The motion was seconded by Mr. Weyandt and carried by a vote of seven (7) yes, with Mr. Shevock abstaining. (Mr. Shevock abstained from voting because the request was submitted in such a manner as to not allow consideration and discussion on the committee level.)
APPOINTMENT - TWO JUDGES - ROBBINS HOSE COMPANY ELECTION - NOVEMBER 21, 1983
Mr. Witt and Mr. Tudor volunteered their services as judges for the Robbins Hose election to be held November 21, 1983, with Mr. Weyandt and Mr. Boaman as alternates.
ROBERT LOUIE PROPERTY - LACK OF PROGRESS
Mr. Roe reported that the Robert Louie property on Holly Drive is completely cleaned up on the outside. There was a delay in progress since the City would not haul what was determined to be construction material, necessitating Mr. Roe’s office to hire a private concern to complete the job.
The mortgage holders are bringing the property to the attention of the court and the Sheriff’s office has the legal papers to be served.
Since members of Council were concerned about an open swimming pool in the back of the property, Mr. Roe stated that he would have snow fence installed around the pool until such time as the property is settled.
CORRESPONDENCE
Capitol Park - Security Lights and Electric Service
A letter was received from Ms. Regina Dickey, Secretary of the Capitol Park Civic Association, stating that Capitol Park has a high crime rate and some residents installed security lights for safety reasons. Since the initial installation, the City’s monthly fee has risen from $4.50 per month to $10.74. The letter requested a reduction in the rate to approximately $5.00 per month. In addition, they suggested that their area be given more attention concerning tree trimming around power lines that contributes to electrical outages.
Mr. Weyandt moved for referral to the Utility Committee, seconded by Mr. Hardcastle and unanimously carried.
General Foods Corporation - Rate Increase - Dover Ambulance Service
A letter was received from Mr. James E. Malloy, Benefits and Services Supervisor at General Foods, expressing concern over the dramatic increase of the City of Dover ambulance service and the impact on General Foods’ operational cost and related costs of negotiated benefit plans.
Mr. Weyandt moved for referral to the Legislative and Finance Committee, seconded by Mr. Hardcastle and unanimously carried.
International Playtex, Inc. - Paramedic and Ambulance Service
A letter was received from Clyde J. Luton, Jr. , Manager of Safety and Health of International Playtex, Inc., requesting that the present paramedic and ambulance service fee be considered for reduction.
Mr. Weyandt moved for referral to the Legislative and Finance Committee, seconded by Mr. Boaman and unanimously carried.
Denise D. Tuck - Bike Path - State College Road
A letter from Ms. Denise D. Tuck of 538 Troon Road, requested that a bike path be installed on State College Road, noting the danger of joggers and bicyclists and the fact that there are no useable shoulders.
Mr. Witt moved for referral to the Safety Advisory Committee, seconded by Mr. Christiansen and unanimously carried.
Capitol Park Annexation Request
A letter was received from Mrs. Regina Dickey, Secretary of the Capitol Park Civic Association, with 81 signatures attached, requesting annexation of Capitol Park into the corporate limits of the City of Dover.
Mr. Witt moved for referral to the Utility Committee and Planning Commission, seconded by Mr. Weyandt and unanimously carried.
Petition - Residents of Queens Manor - Unsightly Condition of Two Houses on DuPont Street
A petition was received from residents of Queens Manor, containing 38 names, complaining of the deplorable condition of houses on DuPont Street and the presence of cats and squirrels living in and around the property.
Mr. Weyandt moved to refer the matter to the Chief Inspector’s Department, seconded by Mr. Shevock and unanimously carried.
Meeting Adjourned at 10:00 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 24, 1983, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
October 31, 1983
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