REGULAR MEETING
June 13, 1983
The Regular Meeting of Council was held on June 13, 1983 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Tudor, Boaman, Hardcastle, Christiansen, Witt, Weyandt and Shevock. Councilman Richter was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Boaman requested an additional item to recognize a letter from Luther Towers concerning their pending grant application for funds to construct additional senior citizen housing.
Mayor Carroll felt that a letter from Joshua M. Twilley, Commissioner with the State Public Service Commission, concerning electric rates should be made a part of the minutes and also a letter from citizens of Cherry Hill Manor who have written concerning a parking problem.
Councilman Boaman requested a brief verbal report on the operation of the new one man trash truck.
Mr. Christiansen reported an additional agenda item to discuss a letter from citizens on Oak Drive concerning the Louie property.
Mr. Roe requested an additional agenda item to set a public hearing for June 27th on three properties owned by David Harmon that are in violation of the Dangerous Building Code.
RESOLUTION - SENATE BILL 240
Mr. Witt moved for adoption of the resolution concerning Senate Bill 240, seconded by Mr. Weyandt, and included in his motion a suggestion by Mr. Boaman that all members of the House of Representatives, the Senate, Lt. Governor, and Governor duPont, receive copies of the resolution.
Mr. Witt’s motion was unanimously carried with Mr. Richter absent, and Council adopted the following resolution:
WHEREAS, Senate Bill 240 presently before the General Assembly for consideration would permit the Levy Court Commissioners of Kent County to fix the tax rate upon assessed real property in the County and would grant unto the Commissioners General Home Rule Power; and
WHEREAS, Senate Bill 240 although giving the Levy Court Commissioners the power to set the County tax rate on real property does not direct the Commissioners to establish a Local Service Function Budget or to consider a reduction in real property taxation for residents in municipalities which furnish local services paid for out of municipal revenues; and
WHEREAS, similar legislation enacted in New Castle County directed the New Castle County government to establish a Local Service Function Budget; and
WHEREAS, unless the Levy Court Commissioners are directed to establish a Local Service Function Budget by the General Assembly at the same time they are given the power to establish the tax rate it is apparent that residents of municipalities in Kent County who are currently paying substantial municipal real property taxes for services performed and paid for by the municipalities and also paying substantial county real property taxes for duplicating services or no services at all furnished by the County will receive no relief from this inequitable double taxation on their real property.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. On behalf of the real property owners in the City of Dover who pay City of Dover real property taxes and the full amount of taxes assessed by the Kent County government without any reduction for services furnished by the City of Dover, the Mayor and Council oppose the passage by the General Assembly of Senate Bill 240 which would give the Kent County government the power to set real property taxes without establishing a Local Service Function Budget.
2. The Mayor and Council of the City of Dover request that the General Assembly amend Senate Bill 240 to adopt the Local Service Function Budget similar to the legislation enacted in New Castle County directing the Kent County government to consider Local Service Functions provided by municipalities in Kent County as a reduction of Kent County real property taxation for these residents of municipalities.
ADOPTED: JUNE 13, 1983
ADOPTION OF MINUTES - ANNUAL COUNCIL MEETING OF MAY 9, 1983
The Minutes of the Annual Council Meeting of May 9, 1983 were unanimously approved by motion of Mr. Witt, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.
SPECIAL COUNCIL MEETING OF MAY 31, 1983
Mr. Witt referred to the seventh paragraph of page two in the minutes, requesting that the contents reflect his objection to Mayor Carroll’s ruling that Mr. Weyandt’s amendment to the main motion was out of order.
Mr. Weyandt’s amendment to the main motion that would authorize the manpower staff in the Electric Department of 106 incorporated an addition that would provide for no hiring below top level management until such time that a need is determined; said need to be first referred to Council for discussion.
Mr. Witt moved for approval of the Special Council Meeting minutes of May 31, 1983 as amended, seconded by Mr. Weyandt and unanimously carried. The minutes bore the written approval of Mayor Carroll.
PUBLIC HEARING - REZONING - PROPERTY WEST SIDE OF NEW STREET BETWEEN DOVER AND WATER STREETS - DR. MICHAEL L. AND JANE A. MATTERN
A public hearing was duly advertised for this time and place to consider rezoning property located on the west side of New Street, between Dover and Water Streets, consisting of .9536 acres of land owned by Dr. Michael L. and Jane A. Mattern.
Mayor Carroll declared the hearing open.
Attorney John Hindman was present representing Dr. and Mrs. Mattern, stating that Dr. Mattern’s practice has expanded over the years and he is considering an associate. He felt that the rezoning is conducive to the area and therefore requested Council’s approval.
There was no one else to speak for or against the rezoning and no correspondence.
Mayor Carroll declared the hearing closed.
By motion of Mr. Boaman, seconded by Mr. Witt, Council by unanimous roll call vote (Mr. Richter absent) 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 STREET BETWEEN DOVER AND WATER STREETS, CONSISTING OF .9536 ACRES.
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 RG-0.
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 RG-0 on that property located on the west side of New Street between Dover and Water Streets, consisting of .9536 acres, owned by Dr. Michael L. and Jane A. Mattern.
ADOPTED: JUNE 13, 1983
PUBLIC HEARING - REZONING - 1027 S. GOVERNORS AVENUE - LOTS #29 & #30 - ABRAHAM MERSKY
A public hearing was duly advertised for this time and place to consider rezoning 1027 S. Governors Avenue, lots #29 & #30, owned by Abraham Mersky. The equitable owner is Ciriaco G. Bongalos, Jr. M.D. The request is for the purpose of a proposed residence and office.
Mayor Carroll declared the hearing open.
Mr. Mike Foster of Alpha Realty was present to represent Dr. Bongalos, advising Council that the proposed construction would be a residence and office.
There was no one else to speak for or against the rezoning and no correspondence.
Mayor Carroll declared the hearing closed.
By motion of Mr. Witt, seconded by Mr. Christiansen, Council by unanimous roll call vote (Mr. Richter absent) 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 AT 1027 S. GOVERNORS AVENUE (LOTS 329 & #30).
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 R-20 to RG-0.
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 R-20 to RG-0 on that property located at 1027 S. Governors Avenue (lots #29 & #30), owned by Abraham Mersky.
ADOPTED: JUNE 13, 1983
PUBLIC HEARING - REZONING OF .9107 ACRES - LAND ADJOINING LUTHER TOWERS, KINGS HIGHWAY NE - OWNED BY LUTHER SENIOR SERVICES OF DOVER, INC.
A public hearing was duly advertised for this time and place to consider rezoning .9107 acres of land in back of and adjoining the present Luther Towers for a proposed senior citizen facility. The land is owned by Lutheran Senior Services of Dover, Inc.
Mayor Carroll declared the hearing open.
Attorney Josh Twilley was present representing Lutheran Senior Services of Dover, Inc. Mr. Twilley explained that the land is adjacent to the present Luther Towers and bound by Silver Lake. He felt that the land use should be compatible with the present facilities.
Mayor Carroll declared the hearing closed.
There was no one else to speak for or against the rezoning and no correspondence.
By motion of Mr. Weyandt, seconded by Mr. Witt, Council by unanimous roll call vote (Mr. Richter absent) adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF .9107 ACRES OF LAND IN BACK OF AND ADJOINING THE PRESENT LUTHER TOWERS, KINGS HIGHWAY NE.
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-4 on that property located in back of and adjoining the present Luther Towers, Kings Highway NE, owned by Luther Senior Services of Dover, Inc.
ADOPTED: JUNE 13, 1983
LUTHER TOWERS LETTER - REQUESTING SUPPORT OF AN APPLICATION FOR SECTION 202/8, DIRECT LOAN PROGRAM FOR HOUSING
Mr. Boaman presented a letter from Reverend Raymond C. Best, President of Luther Senior Services of Dover, Inc., and Reverend Arthur Kringel, Vice-President, which was copied to Governor du Pont, Mayor Carroll, Mr. Bartolotta, US Senators and Representatives, and local General Assembly members, requesting City of Dover support on their HUD application by contacting the HUD Regional Office in Philadelphia.
Mr. Boaman moved that the letter be made a part of the official record and those that were copied (Mayor Carroll and City Manager Bartolotta) devise an appropriate response. The motion was seconded by Mr. Witt and unanimously carried.
CORRESPONDENCE FROM JOSHUA M. TWILLEY, COMMISSIONER - PUBLIC SERVICE COMMISSION - MONTHLY REPORTS OF COST COMPARISONS - DELAWARE ELECTRIC SYSTEMS
Mayor Carroll recognized Mr. Joshua M. Twilley, Commissioner for the Public Service Commission, who submitted a monthly report prepared by the Commission which gives cost comparisons of the Delaware Electric Systems. Mr. Twilley’s letter mentioned that the City of Dover has consistently compared well with other rates and asked if members of Council would like to receive a copy each month.
Mr. Twilley stated that the Commission maintains a continued study of comparative electric rates in Delaware. Mr. Witt moved that the Public Service Commission be informed that Mayor, Council and City Staff would be interested in receiving the monthly comparable rate figures of the Delaware Electric Systems. The motion was seconded by Mr. Weyandt and unanimously carried.
DISCUSSION - REZONING OF LUNA I. MISHOE PROPERTY - STATE COLLEGE ROAD
Referring to the public hearing held on April 25, 1983 in consideration of rezoning property owned by Luna I. Mishoe on State College Road, Mayor Carroll recommended that the matter of the rezoning remain tabled. He referred to a letter from Dr. Mishoe and Joseph W. Burden, requesting consideration of annexing land in his present development known as Jason Street and lots #177 and #178, and suggested that the matter be referred to the Utility Committee and Planning Commission.
Mr. Weyandt moved for Mayor Carroll’s recommendation, seconded by Mr. Boaman and unanimously carried.
At this point, Mayor Carroll suggested that the public hearing to consider adoption of the Electric Fund Budget be moved, as an agenda item, after the Legislative and Finance Committee Report.
Mr. Weyandt moved for approval of the agenda change, seconded by Mr. Shevock and unanimously carried.
MONTHLY REPORTS - APRIL
By motion of Mr. Boaman, seconded by Mr. Weyandt, the following reports for the month of April were approved as submitted:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager Report
J.P. Court #7 Report
General Operating Fund, Cash Receipts Report
General Operating Fund, Budget Report
Water/Sewer Fund, Cash Receipts Report
Water/Sewer Fund, Budget Report
Inter-Governmental Service Fund, Revenue and Budget Report
Electric Revenue Fund, Cash Receipts Report
Electric Revenue Fund, Budget Report
Electric Improvement & Extension Budget, Cash Receipts & Disbursements Report
LEGISLATIVE AND FINANCE COMMITTEE REPORT - COUNCIL WORKSHOP - MAY 18, 1983
The Legislative and Finance Committee met in Council Workshop on May 18, 1983 with Chairman Boaman presiding. Councilman Boaman advised Council that each of the department budgets under the Inter-governmental Service Funds were discussed in detail by the committee and other members of Council and adjusted in some cases where it seemed necessary.
Mr. Boaman moved that the Inter-Governmental Service Fund Budget for fiscal year 1983/84 be approved in the amount of $1,283,820. The motion was seconded by Mr. Witt and unanimously carried.
Municipal Street Aid Fund Budget
Mr. Boaman moved that the Municipal Street Aid Fund Budget for fiscal year 1983/84 be approved in the amount of $246,300. The motion was seconded by Mr. Weyandt and unanimously carried.
Police Grants Fund Budget
Mr. Boaman moved that the Police Grants Fund Budget for fiscal year 1983/84 be approved in the amount of $66,130. The motion was seconded by Mr. Shevock and unanimously carried.
Community Development Grants Fund Budget
Mr. Boaman moved that the Community Development Grants Fund Budget for fiscal year 1983/84 be approved in the amount of $277,520. The motion was seconded by Mr. Hardcastle and unanimously carried.
Parking Fund Budget (Bradford Street Lot)
Mr. Boaman moved that the Parking Fund Budget for fiscal year 1983/84 be approved for an estimated income of $5,200 and a debt service interest and principal deficit of $9,040. The motion was seconded by Mr. Shevock and unanimously carried.
Electric Fund Budget - Fiscal Year 1983/84 - Staffing Resolution
Mr. Boaman stated that the committee recommended approval of the resolution authorizing the City Manager flexibility in action necessary to reorganization and reclassification and change of procedures in the Electric Department. It was noted that Mr. Weyandt voted no.
Mr. Boaman moved for approval of the Legislative and Finance Committee Workshop Report of May 18, 1983 as submitted, seconded by Mr. Weyandt and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT - JUNE 1, 1983
The Legislative and Finance Committee met in Council Workshop on June 1, 1983 with Mr. Boaman presiding.
City Solicitor Fees
Mr. Boaman advised Council of the committee’s recommendation of adjusting the City Solicitor’s fees to a rate of $60 per hour and a retainer fee of $12,000 per year. This was in accordance with a request from City Solicitor Rodriguez.
Mr. Boaman moved for approval of the fee structure, seconded by Mr. Weyandt and unanimously carried; said fee structure to become effective July 1, 1983.
Electric Fund Budget - Fiscal Year 1983/84
As recommended by the committee, by a vote of two (2) to one (1), with Mr. Weyandt voting no, Mr. Boaman moved that the Electric Fund Budget for fiscal year 1983/84 be set in the amount of $49,594,510. The motion was seconded by Mr. Shevock.
By a roll call vote of two (2) yes (Mr. Boaman and Mr. Shevock) and five (5) no (with Mr. Richter absent) the motion for adoption of the Electric Fund Budget was defeated.
Mr. Shevock moved to approve the Legislative and Finance Committee Report of June 1, 1983 as submitted, seconded by Mr. Boaman and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT - JUNE 7, 1983
The Legislative and Finance Committee met on June 7, 1983 with Chairman Boaman presiding.
Bid Results - Property Reassessment
Mr. Boaman stated that the apparent low bidder for the property revaluation of the City is Cleminshaw, a Division of Cole, Layer and Trumble, in the amount of $128,500. A bid was also submitted for all properties except exempt, in the amount of $117,300. The bid also offered a computer option of an additional $23,800.
City Assessor McDowell advised the committee of some dissatisfaction within the contract provisions and requested that no action be taken until such time that these provisions are reworded to the satisfaction of both parties. If necessary, a special meeting of the Legislative and Finance Committee will be held to review the document.
Library Employees - Pension
The committee deferred any action on a request by Mrs. Batton and Mrs. Geasland related to the possibility of buying into the City of Dover Pension Plan, retroactively to the date of their first employment with the Library, until such time as a written report is received from E.H. Friend Consultants.
Blue Cross Charges - Report from E.H. Friend Consultant
The committee discussed the report from E.H. Friend Consultants, engaged to analyze the proposed rate increase by Blue Cross/Blue Shield.
The report indicated that the City of Dover should renew their contract with Blue Cross/Blue Shield and outlined specific financial advantages to the City.
The committee recommended acceptance of the report from E.H. Friend Company as presented by Mr. John Perreca and Mr. Reed Joiner, representatives.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Shevock and carried by a unanimous roll call vote (Mr. Richter absent).
Ordinance - Special Assessments - New Chapter 18.7-1 through 18.7-8
By motion of Mr. Boaman, seconded by Mr. Christiansen, Council by a unanimous roll call vote (Mr. Richter absent) adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That a new Chapter is hereby added to the Dover Municipal Code to be designated Chapter 18.7 to read as follows:
Section 18.7-1. Cost of municipal special improvements to be assessed against benefitting property owners.
Whenever by authority of the City Council municipal work or improvements other than municipal replacement, relocation or repair work or improvements, accrue to certain special property owners in a limited and determinable area, its costs shall be assessed against the abutting properties by ordinance, subject to the conditions set forth in this Chapter.
Section 18.7-2. Notice of assessable municipal work or improvements.
Whenever the City Council has performed any municipal work or improvements that accrue to certain special property owners in a limited and determinable area, the City Manager shall cause the descriptions of all abutting properties and the names of those property owners to be entered on the Municipal Lien Docket. This shall be considered notice of the proposed project to all property owners and subsequent purchasers that the abutting properties shall be assessed for the work or improvements under the provisions of this Chapter.
Section 18.7-3. Determination of individual assessments.
Within sixty (60) days after the completion of construction on any municipal improvement or work, the City Council shall determine the actual cost of the improvement or work and the share assessable against the abutting properties.
Section 18.7-4. Basis for assessments and deferred assessments.
Assessments shall be based on the enhanced value of the property subsequent to the municipal improvement or work over and above the value of the property prior to the municipal improvement or work. When the improvement or work abuts only a portion of the property, the rule for determining enhanced value shall be applied in determining the amount of assessment. In determining enhanced value, the City Council shall not be limited to a consideration of the actual use of the property at the time of the improvement or work, but may also consider customary and available uses.
If Council determines that there is not immediate benefit to the property with respect to which the improvement or improvements abut or if the improvements do not specifically enhance the value of the abutting property or when the cost of such improvements are approximately equal to the market value of the land which they abut, then Council in its discretion instead of levying an assessment against the abutting property, may defer the assessment until a time when building permits are issued for lots abutting the improvements or when Council determines that the assessment should be levied. Council may also choose to defer assessments for abutting property when the improvements or work is for the benefit of the City at large and located on undeveloped property. Council may choose to make the assessment when building permits are issued for the undeveloped property or at such other time as Council deems appropriate.
Section 18.7-5. Entry of assessment liens; satisfaction.
Whenever an abutting property is assessed for municipal improvements or works, there shall be a notation of the lien for the assessment noted on the Municipal Lien Docket. When the assessment is deferred pursuant to Section 18.7-4, an appropriate notation shall be made on the Municipal Lien Docket.
When the liens are satisfied by payment in full, there shall be entered on the Municipal Lien Docket the date of payment and the words “Satisfaction in Full”.
Section 18.7-6. Assessments due and payable within 60 days; interest added to delinquent payments.
Municipal improvement and work assessments shall be due and payable within sixty (60) days after mailing the assessment notices to the owners of the properties affected at the time of the enactment of the assessment ordinance. Assessments not paid within the prescribed time shall bear interest in favor of the City at a rate to be determined by Council at the time of the assessment; said rate shall not be less than 6% per annum.
Section 18.7-7. Appeal of assessments.
Any person owning property or having an interest in property which is assessed under the provision of this Chapter may file a written notice of appeal of the assessment with the City Council within thirty (30) days after the mailing of the assessment notice. Within sixty (60) days after the filing of the appeal, the City Council shall fix a time for the hearing and notify the appellant.
At the appeal the City Council shall hear all relevant evidence and shall decide the reasonableness of the assessment as soon as may be convenient. The Council may impose whatever terms or conditions on its decision that it considers appropriate in view of the purposes of this Article. The Council may affirm or modify the assessment on the property in question to reflect any increased value of the property as a result of the municipal improvement or work.
Should the final disposition of the appeal extend beyond the date that the assessment is due and payable, the assessment shall be due and payable on the date set and any modification of the assessment that causes a lower assessment shall result in a rebate of that part of the assessment considered by the Council to be excessive.
Section 18.7-8. Chapter not applicable where Subdivision Code applies.
The provision of this Chapter relating to municipal work or improvements shall have no application where the procedure for causing work or improvements to be done or made is specified in the Subdivision Code.
ADOPTED: JUNE 13, 1983
Ordinance Amendment - Voter Absentee Ballots - Section 2.43 - Subsections (a) and (b)
The committee approved a recommendation of the City Clerk to amend Section 2.43 of the City Code that would allow a vote absentee affidavit to be dated ninety (90) days prior to the date of an election instead of thirty (30) days, as now provided.
By motion of Mr. Boaman, seconded by Mr. Witt, Council adopted the following amended ordinance by unanimous roll call vote (Mr. Richter absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 2-43 of the City of Dover Code is hereby amended as follows:
1. Sec. 2-43 of the City of Dover Code is stricken in its entirety and a new section is hereby adopted, to be worded as follows:
Sec. 2-43. Affidavits required of persons applying for absentee ballots.
(a) Any voter desiring to receive an absentee ballot because of sickness or physical disability shall cause an affidavit to be filed with the elected official subscribed and sworn to before an officer authorized by law to administer oaths, by a person authorized to practice medicine or surgery under the laws of this state, and dated not more than ninety (90) days prior to the next election, to the effect that such voter is unable to go to the polling place at the forthcoming election because of sickness or physical disability, or that the sickness or physical disability of such voter will make it dangerous to the life or health of such voter to go to the polling place at the forthcoming election. Such affidavit shall be filed with the elected officials before the elected officials shall mail or deliver to such voter the official ballot, envelopes, or instructions as provided in this division.
(b) Any voter desiring to receive an absentee ballot because of his business or occupation shall cause an affidavit to be filed with the elected official subscribed and sworn to before an officer authorized by law to administer oaths, by his employer, if any, or by the voter himself if he is self-employed, and dated not more than ninety (90) days prior to the election, stating the nature of his business or occupation, the reason why he cannot be at the polls on the day of election, his expected location including his address and telephone number to be used for the purpose of challenge on election day, and that by reason of his business or occupation he cannot and will not be present in the city on the day of the election. Such affidavit shall be filed with the election officials before the election officials shall mail or deliver to such voter the official ballot, envelopes, or instruction as provided in this division.
ADOPTED: JUNE 13, 1983
Mr. Boaman moved for approval of the Legislative and Finance Committee Report of June 7, 1983 as submitted, seconded by Mr. Christiansen and unanimously carried.
PUBLIC HEARING - ADOPTION OF ELECTRIC FUND BUDGET
Mr. Weyandt moved that further discussion on the Electric Fund Budget be tabled until such time that a Special Meeting can be held by the Legislative and Finance Committee with all Councilmen present to afford time to resolve questions that members of Council may have. The motion was seconded by Mr. Christiansen and carried with Mr. Boaman voting no.
Mr. Christiansen stated that he voted negatively on adoption of the Electric Fund Budget because of some unanswered questions that he might have for conveyance to his constituents.
UTILITY COMMITTEE REPORT - MAY 11, 1983
The Utility Committee met on May 11, 1983 with Chairman Richter presiding.
In the absence of Chairman Richter, Mayor Carroll designated Councilman Tudor to present the report.
Interest on Outstanding Trash Collections
Mr. Bartolotta advised the committee that the City discontinued trash collection fees effective October 1, 1982. The trash fee ordinance includes provisions for a 10% interest charge for uncollectables. Although the City has vigorously attempted to collect overdue fees, Mr. Bartolotta suggested that the 10% penalty clause be discontinued as of June 1, 1983.
The committee was advised that approximately one-third of the uncollectables have moved out of state.
The committee recommended that the 10% penalty clause be discontinued, effective June 1, 1983.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Christiansen, and by a unanimous roll call vote (Mr. Richter absent) the motion was approved.
Mr. Tudor advised the Council of various other items in the Utility Committee Report which were strictly informational with no action required. Some of the items covered an interim report by Betz, Converse and Murdoch on the water supply study; a report from the City Manager on bids and completion date of the new cooling tower for Unit #3 due to the one destroyed by fire; a report from Stone and Webster Consultants on the superheater of Unit #3; further information on the Robert J. Roswell annexation request where the City Manager was directed to prepare a list of advantages and cost figures to be relayed to citizens of the area; and a briefing by Mr. Levitt on federal legislation concerning cable television.
By motion of Mr. Witt, seconded by Mr. Boaman, the Utility Committee Report for May 11, 1983 was approved as submitted.
UTILITY COMMITTEE REPORT - MAY 31, 1983
The Utility Committee met on May 31, 1983 with Chairman Richter presiding.
Puncheon Run Bids - Pumping Station and Interceptor and Force Main
Mr. Tudor explained that a report was given on the bid opening for the Puncheon Run pumping station and interceptor and force main where a report was given by the City Manager that the bid may be in violation of State Code.
Mr. Tudor advised Council that since the meeting of May 31, 1983, all bids were rejected and the process of rebidding the project has already begun.
Mr. Witt moved for approval of the Utility Committee meeting of May 31, 1983 as submitted, seconded by Mr. Christiansen and unanimously carried.
PARKS, PLAYGROUNDS AND TREES COMMITTEE REPORT
The Parks, Playgrounds and Trees Committee met on June 6, 1983 with Chairman Hardcastle presiding.
New Street Ballfield - Report on Use of Restricted Flight Ball
Mr. Hardcastle reported that a restricted flight softball is now being utilized at the New and Dover Streets ballfield due to a complaint from a property owner that balls were being hit over the fence, causing damage to his property. The new restricted flight balls seems to have corrected the condition and the committee recommended deferral of the matter until such time as additional information is received on further damage.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Tree - East Loockerman Street - Charles Breme
Mr. Hardcastle briefed a complaint from Mr. Charles Breme of 772 E. Loockerman Street concerning a tree planted on City property that has caused extensive damage to his lawn due to the root system. It was also noted that the tree will possibly damage the depressed curbs and also the roadway.
The committee recommended removal of the tree since it also presents a safety hazard to traffic on E. Loockerman Street.
Mr. Hardcastle recommended approval of the committee’s recommendation, seconded by Mr. Witt and unanimously carried.
Request for Mulch - Delaware State College - Victory Park
The committee, in considering a request by Mr. Phillip McGinnis, working through the Chamber of Commerce, for mulch to finish a project to construct Victory Park on Delaware State College Campus, recommended approval of the request stipulating that the mulch which is located at the City of Dover landfill will be transported by vehicles other than City of Dover trucks.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Witt, with Mr. Christiansen voting no.
Recreational Grant - Land and Water Conservation Fund
The City Manager advised the committee that a $3,500 recreational grant is available from the Land and Water Conservation Fund monies. The funds will be on a basis of a 50/50 match by the City and will be used for the Capital Improvement Five Year Plan that includes such items as repairing fence at the New Street ballfield, replacement of basketball backboards and other installations.
The committee recommended that City staff continue to pursue steps necessary to receive the grant.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Small Business Association - Tree Planting Grant
The committee was advised that the U.S. Small Business Administration has made $1,000 available through the Jobs Bill to the City of Dover for planting trees and shrubs in public parks and recreation areas. No matching monies will be necessary. The grant requires only that unemployed persons be hired to plant the trees and shrubs. Mr. Bartolotta estimated that 16 to 20 trees at 10' to 12' could be purchased with the total funds and recommended approval of the grant. The committee recommended to authorize the City Manager to apply for the grant and expend any grant funds obtained in accordance with the grant conditions and established City policies.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Witt.
Questioned by Mr. Shevock, Mr. Bartolotta stated that the unemployed persons that would be involved in the planting will be with the City for no more than two weeks.
By a unanimous voice call vote, the recommendation was approved.
Mr. Witt moved for approval of the Parks, Playgrounds and Trees Committee Report as submitted, seconded by Mr. Hardcastle and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on June 6, 1983 with Chairman Hardcastle presiding.
Paint Curbs Yellow - Driveway Entrance - Albert Holmes - 724 S. State Street
A request was received from Mr. Albert Holmes of 724 S. State Street to paint the curbs on each side of his driveway entrance yellow to prevent patrons of Kent General Hospital blocking his driveway or otherwise parking close to the entrance causing a safety problem when entering or backing onto S. State Street.
Mr. Weyandt stated that he had surveyed South State Street, from Sackarackin Avenue north to South Street and from South Street back to Sackarackin Avenue, and found all driveway entrances painted yellow with the exception of Mr. Holmes and that of the Catholic Rectory.
Due to the precedent set by painting all other driveway entrances, with the exception of Mr. Holmes, and the hazard while entering or leaving his residence, the committee recommended that all of the driveways in the area of the hospital be painted yellow 10' each side.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Witt and by a unanimous roll call vote, (Mr. Richter absent) the motion was approved.
Mr. Hardcastle moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.
ELECTRIC FUEL ADJUSTMENT CLAUSE
Mr. Shevock related to various discussions in committee on the electric fuel adjustment clause, stating his feeling that the fuel adjustment varied specifically in relation to the cost of fuel for use at McKee Run. In the past committee discussions on fuel adjustment, Mr. Shevock stated that it appears that other costs to produce electric are also taken into consideration when calculating the fuel adjustment clause. He suggested that the calculations include only the variance in the cost of fuel and not other costs experienced by the plant.
Mr. Shevock moved that the fuel adjustment calculations only consider the variance in fuel cost to the plant, seconded by Mr. Christiansen.
Mr. Boaman stated that he could not support the motion as worded and felt that the subject warrants considerable discussion before restricting the basis of figuring fuel adjustment. He suggested that Mr. Shevock withdraw his motion and a meeting be arranged with Mr. Al Ward of Middle West Company, along with a representative from D P & L to afford time for further study on the matter and enlighten members of Council who do not fully understand the method of calculating the fuel adjustment clause.
Mr. Shevock withdrew his motion as did Mr. Christiansen his second.
Mr. Shevock moved that the City Manager arrange a meeting with Mr. Al Ward and a representative of D P & L; said meeting to be held prior to the last Regular Council Meeting in June and refer the subject of fuel adjustments to the Utility Committee for a report back to full Council. The motion was seconded by Mr. Witt and unanimously carried.
APPOINTMENT - LIBRARY COMMISSION - FIVE YEAR TERM - PEGGY SWYGERT
Mayor Carroll submitted the name of Peggy Swygert to be reappointed for a five year term on the Library Commission.
Mr. Boaman moved to approve the appointment, seconded by Mr. Hardcastle and carried by a unanimous roll call vote (Mr. Richter absent).
REZONING REQUEST - LUTHER SENIOR SERVICE OF DOVER, INC. - LAND SOUTHEAST OF OAK LANE - ADJACENT TO LUTHER TOWERS
A request was received to rezone land situated northeast of Luther Senior Service of Dover, Inc., known as Luther Towers, and southeast of Oak Lane, owned by Luther Towers of Dover, Inc. The request was for the purpose of an apartment building. 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 by unanimous roll call vote (Mr. Richter absent) adopted the following resolution and referred the request to the Planning Commission:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AN DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located northeast of Luther Senior Services of Dover, Inc., known as Luther Towers, and southeast of Oak Lane are presently zoned for C-4 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 11, 1983 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from C-4 to RG-2 that property located northeast of Luther Senior Service of Dover, Inc., known as Luther Towers, and southeast of Oak Lane, owned by Luther Senior Service of Dover, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: JUNE 13, 1983
REZONING REQUEST - MONROE TERRACE - WILLIAM G. BUSH, III
A request was received to rezone property located on Monroe Terrace, owned by William G. Bush, III. The equitable owner is Frank Robino Associates, Inc. The request is for the purpose of constructing townhouses.
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. Weyandt, Council by unanimous roll call vote, adopted the following resolution and referred the request to the Planning Commission:
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 Monroe Terrace are presently zoned for R-8 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 11, 1983 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-8 to RG-3 that property located on Monroe Terrace, owned by William G. Bush, III.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: JUNE 13, 1983
SET PUBLIC HEARING - DAVID HARMON PROPERTIES - APARTMENT - SOUTH GOVERNORS AVENUE/BULK PLANT - DIVISION AND WEST STREETS/PROPERTY ON WHITEOAK ROAD
Mr. Roe informed Council that he has been working with Mr. David Harmon for approximately one year on three of his properties involving an apartment house next to the Acme on S. Governors Avenue, the bulk plant on Division and West Streets (adjacent to the railroad), and a property located on the Whiteoak Road, that are in violation of the Dangerous Building Code. He recommended that Council set a public hearing for June 17, 1983 for the purpose of having Mr. Harmon appear before Council to explain why the buildings are not in compliance with the City Code.
Mr. Witt moved for the recommendation of the Chief Inspector, seconded by Mr. Christiansen and unanimously carried.
CORRESPONDENCE
North Dover Civic Association - Request to Use City Seal on License Plates
A request was received from Mr. Fred W. Vetter, Jr., Executive Board of the North Dover Civic Association, requesting that the City permit the use of the City Seal for production and sale of a front license plate. The funds derived from the sale will be used to finance a neighborhood crime watch.
Mr. Witt moved for referral to the Legislative and Finance Committee, with legal input from the City Solicitor, seconded by Mr. Hardcastle and unanimously carried.
Kirk Cannon - T/A Shore Map Company - Graphic Illustration of Dover
A letter was received from Mr. Kirk Cannon of Shore Map Company advising Council of his plans to prepare a full color picture size graphic illustration of Dover. He advised that the City would receive 200 free copies to use for whatever purpose is desired.
Mr. Witt moved for referral to the Legislative and Finance Committee, seconded by Mr. Weyandt and unanimously carried.
Wesley United Methodist Church - Request to Hold Yard Sale
A letter was received from Mr. George C. Godfrey, Senior Minister of the Wesley United Methodist Church, requesting permission to block off the area immediately in front of the Wesley Church Educational Center on Loockerman Street Plaza for the purpose of a yard sale to be held on Saturday, September 17, 1983 from 8:30 a.m. to 1:00 p.m.
Mr. Witt moved for approval of the request, with all activities to be coordinated with the City Manager, Chief of Police and Health Inspector. The motion was seconded by Mr. Hardcastle and unanimously carried.
Cherry Hill Manor Civic Association - Barrister Place - Parking Problem
A letter was received from Mr. Jeff Daniels, Jr., President of the Cherry Hill Manor Civic Association, advising of a parking problem in the area. He requested that the Safety Advisory Committee assess the parking on Barrister Place for the purpose of setting guidelines for enforcement.
Mr. Witt moved for referral to the Safety Advisory Committee, seconded by Mr. Weyandt and unanimously carried.
Louie Property - Oak Drive
A petition form of letter was received from residents on Oak Drive complaining that a property owned by Mr. Louie is not properly maintained.
Mr. Roe advised Council that he has met with Mrs. Richter and residents of Oak Drive. Although the property is not in a condition that would warrant any violation of the Dangerous Building act, there are some ordinance violations, including tall grass. Mr. Roe has been in tough with the City Solicitor and it is his intention to serve notice on Mr. Louie of several code violations. If these violations are not corrected, he plans to bring Mr. Louie before the Council to explain why the property is not in compliance with City Code.
Before his office takes any harsh action against Mr. Louie, Mr. Roe wants to contact all lien holders.
Mr. Christiansen stated that it was his desire to have the complaint appear as an official record in the minutes in recognition of the petition submitted by citizens.
Petition Objecting to Proposed Annexation - Area East of Dover, Including Nixon Lane, Acorn Lane, North Little Creek Road and Fox Road
Mayor Carroll referred to a petition from property owners in the area of Nixon Lane, Acorn Lane, North Little Creek Road and Fox Road, objecting to a proposed annexation. This matter is now being considered by the Planning Commission and the Utility Committee.
REPORT ON NEW ONE MAN TRASH TRUCK
Mr. Boaman requested a short report on the new one man trash truck recently purchased by the City.
Mr. Bartolotta advised that this will be an item on the Utility Committee agenda for June 15th.
Questioned by Mr. Boaman, Mr. Bartolotta stated that the second one man trash collector has not been purchased. Preliminary reports indicated that the present truck is very successful and details of the findings will be reported during the committee meeting.
Mr. Witt moved for adjournment, seconded by Mr. Weyandt and unanimously carried.
Meeting Adjourned at 8:45 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of June 13, 1983, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
June 20, 1983
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