ANNUAL MEETING
May 9, 1983
The Annual Meeting of Council was held on May 9, 1983 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Hardcastle, Carey, Witt, Weyandt and Shevock.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 25, 1983
Under the Safety Advisory Committee Report and heading of “Reduce Speed Limit in Vicinity of Silver Lake Cemetery - North State Street”, Mr. Hardcastle pointed out that a 25 mph speed limit was established for northbound traffic from William Street to Pennsylvania Avenue. The minutes reflect the speed zone from Pennsylvania Avenue to Silver Lake.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF APRIL 30, 1983
The Minutes of the Special Council Meeting of April 30, 1983 were unanimously approved by motion of Mr. Witt, seconded by Mr. Carey and bore the written approval of Mayor Carroll.
OATH OF OFFICE - COUNCILMEN-ELECT
The Honorable William G. Bush, III, Judge of the Superior Court, administered the oath of office to the following Councilmen:
Councilman - First District - John E. Richter
Councilman - Second District - Robert H. Tudor
Councilman - Third District - Charles L. Witt
Councilman - Fourth District - Robin Christiansen
As a new member of Council, Mayor Carroll presented Mr. Christiansen with his lapel pin, embossed with the seal of the City of Dover.
RESOLUTION - COUNCILMAN FRED B. CAREY, SR.
By motion of Mr. Witt, seconded by Mr. Christiansen, Council unanimously adopted the following resolution:
WHEREAS, Fred B. Carey, Sr. has served as Councilman of the Fourth District for the City of Dover from February 14, 1977 to May 9, 1983; and
WHEREAS, during his tenure as Councilman, Fred B. Carey, Sr. has been a member of the Parks, Playgrounds and Trees Committee and the Safety Advisory Committee for which he has served six consecutive years; and
WHEREAS, Fred B. Carey, Sr. was appointed as the Liaison Member of the Chamber of Commerce in 1982; and
WHEREAS, Fred B. Carey, Sr. has devoted his time and attention to the important functions of the City of Dover and has played an important role in resolving the problems which have been encountered during his years of service.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover express their extreme appreciation to Fred B. Carey, Sr. for the untiring devotion to his duties as City Councilman.
2. The Mayor and Council of the City of Dover extend their best wishes to Fred B. Carey, Sr. in his future endeavors.
3. The Mayor and Council of the City of Dover direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in expression of their appreciation to Fred B. Carey, Sr.
ADOPTED: MAY 9, 1983
Following the reading of the resolution by the City Clerk, Mayor Carroll expressed his appreciation for the years of service contributed to the City by former Councilman Carey and presented to him a plague containing the City of Dover seal which depicted his years of service.
RESOLUTION - CONSOLIDATED RAIL CORPORATION
By motion of Mr. Witt, seconded by Mr. Weyandt, Council unanimously adopted the following resolution:
WHEREAS, Consolidated Rail Corporation has requested a Resolution from the Mayor and Council of the City of Dover concerning the installation of a 69KV electric transmission line - College Road to General Metalcraft - along the lands and across the roadways and tracks of the Delmarva branch of Consolidated Rail Corporation from College Road to General Metalcraft; and
WHEREAS, an Agreement between the Consolidated Rail Corporation and the City of Dover for the execution of this project has been prepared.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET;
1. That the Mayor and Council hereby authorize an Agreement be entered into with the Consolidated Rail Corporation for the installation of said transmission line across and along the property of Consolidated Rail Corporation.
2. That the Mayor ad Council authorizes the Mayor of the City of Dover to execute the aforesaid Agreement.
ADOPTED: MAY 9, 1983
MAYOR CRAWFORD J. CARROLL - REMARKS
Mayor Carroll presented the following remarks for the newly sworn and members of Council, and the citizens of Dover:
“First of all I wish to congratulate the newly elected members of Council and welcome them to this administration. I am looking forward to working with all eight Council Members during the next twelve months. With dedication and cooperation within this Council Chamber all of the citizens of Dover will be better served.
There are a few areas of concern I would like to mention tonight that should be addressed this year. I will not elaborate in detail, but ask that this Council give serious thought on the following suggestions:
The Dover Power Plant and Distribution System is the single largest investment the City of Dover has in its inventory. I urge this Council not to continue to delay authorizing the City Manager the necessary funds and manpower to do the job he was hired to do. Income to the City is at stake and poor service to our customers already exists.
The next area I wish to call to your attention is the problem that now exists as a result of the present date of elections. January elections within the City of Dover worked well for more than fifty years and since the change, taxes have continued to rise and services rendered.
Because of the April election date the newly elected members of Council are deprived of having input in developing the budgets for the new fiscal year. For the last two years the Council has delayed voting on a tax rate until one week after the election which makes it possible to have four out-going members setting a tax rate that the newly elected must live with for twelve months.
Setting of the tax rate is very important, but adopting the General Fund Budget should come first. Council should first determine what services and Capital Improvements must be included in the Budget to meet the needs of the City and adopt that Budget. The next step is to set a tax rate and fee schedule that guarantees adequate revenues to maintain a balanced Budget.
I would also like to request that Council have the Charter changed to re-instate the Mayor’s tie breaking vote. As it now stands a tie vote is a no vote. Any four members of Council voting yes on a motion may be just as correct as those voting no. When a tie vote does arise it should be the responsibility and obligation of the Mayor to break this tie. As long as the Mayor of Dover is elected by the majority of the people and no appointed, then he or she should be required to break the tie vote.
The other matters we need to continue to pursue are reassessment and tax relief from Kent County Levy Court. We must also continue to request some added revenues from the State of Delaware in lieu of taxes. These requests are justified because every citizen of Dover is also a resident of Kent County and the State of Delaware. The City of Dover is the State Capital with 52% of non-taxable properties.
There will be many new issues to be considered this year that the Council will have to deal with. I am confident that we will meet each issue with open minds and come to the right decision.
Thank you.
Crawford J. Carroll
Mayor”
RECESS
Mayor Carroll called a short recess for photographs.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll reconvened Council and requested additions or deletions to the agenda.
The City Clerk requested the following to be added under “correspondence”:
1. Kent County Board of Realtors - Transfer Tax
2. Rapid Roof Company - Business in Residential Area
3. Roger D. Kelsey - Permission to Use City Seal
Mr. Roe advised Council of a meeting with Mr. David Harmon, who was given notice by his office of non-compliance with the Dangerous Building Code. If Mr. Harmon has not compiled by the next Regular Council Meeting, Mr. Roe stated that he would place Mr. Harmon’s facility, on Division and West Streets, and a house on Whiteoak Road, as a part of the agenda for public hearing.
Mr. Boaman requested that a letter from Schmittinger and Rodriguez be placed under “correspondence”.
Council unanimously accepted the agenda additions as submitted.
ELECTION OF OFFICERS - 1983/84
Vice-Mayor
Mr. Witt moved to designate Councilman Hardcastle as Vice-Mayor, seconded by Mr. Boaman and unanimously carried.
City Solicitor
Mr. Boaman moved that Nicholas H. Rodriguez be appointed as City Solicitor, seconded by Mr. Christiansen and unanimously carried.
Deputy City Solicitor
Mr. Boaman moved that Douglas Catts, with the law firm of Schmittinger and Rodriguez, be appointed as Deputy City Solicitor, seconded by Mr. Weyandt and unanimously carried.
Chaplain
Mr. Hardcastle moved that the Reverend J.H. Williams be designated as Council Chaplain, seconded by Mr. Witt and unanimously carried.
Fire Marshal
Mr. Witt moved that Jack T. Roe be appointed as Fire Marshal for the year 1983/84, seconded by Mr. Weyandt and unanimously carried.
City Clerk
Mr. Hardcastle moved that William H. Willis be appointed as City Clerk for the year 1983/84, seconded by Mr. Weyandt and unanimously carried.
Deputy City Clerk
Mr. Boaman moved that Debrah J. Bittner be appointed as Deputy City Clerk for the year 1983/84, seconded by Mr. Weyandt and unanimously carried.
City Treasurer
Mr. Weyandt moved that William H. Willis be appointed as City Treasurer for the year 1983/84, seconded by Mr. Boaman and unanimously carried.
Deputy City Treasurer
Mr. Boaman moved that Debrah J. Bittner be appointed as Deputy City Treasurer for the year 1983/84, seconded by Mr. Witt and unanimously carried.
City Alderman
Mr. Boaman moved that William H. Willis by appointed as City Alderman for the year 1983/84, seconded by Mr. Hardcastle and unanimously carried.
Deputy City Alderman
Mr. Boaman moved that Debrah J. Bittner be appointed as Deputy City Alderman for the year 1983/84, seconded by Mr. Hardcastle and unanimously carried.
COMMITTEE APPOINTMENTS
Building, Plumbing, Mechanical and Fire Prevention Code Appeals Committee
Mayor Carroll appointed Councilman Charles Witt as chairman of the Building, Plumbing, Mechanical and Fire Prevention Code Appeals Committee, with Councilman Tudor and the City Manager serving as members.
Chamber of Commerce and County Government Committee
Mayor Carroll appointed Councilmen Boaman and Richter to serve on the Chamber of Commerce and County Government Committee.
Legislative and Finance Committee
Mayor Carroll appointed Councilman Boaman as Chairman of the Legislative and Finance Committee, with Councilmen Shevock and Weyandt and Mr. Sherman Townsend to serve as members.
Parks, Playgrounds and Trees Committee
Mayor Carroll appointed Councilman James C. Hardcastle as Chairman of the Parks, Playgrounds and Trees Committee, with Councilmen Christiansen and Weyandt to serve as members and former Councilman Fred B. Carey, Sr. to serve as a citizen member.
Pension Committee - Civilian Pension Board of Trustees
Mayor Carroll appointed Councilman Shevock and Witt to serve on the Civilian Pension of Trustees.
Pension Committee - Police Pension Board of Trustees
Mayor Carroll appointed Councilman Shevock and Witt to serve on the Police Pension Board of Trustees.
Safety Advisory Committee
Mayor Carroll appointed Councilman Hardcastle as Chairman of the Safety Advisory Committee with Councilman Weyandt and Christiansen to serve as members.
Utility Committee
Mayor Carroll appointed Councilman Richter as Chairman of the Utility Committee, with Mayor Carroll, Councilman Tudor and Mr. Irving Levitt to serve as members.
Mr. Weyandt moved to approve Mayor Carroll’s appointments, seconded by Mr. Hardcastle and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on May 4, 1983 at 7:30 p.m. with Chairman Boaman presiding.
Library Employees - Pension - Mrs. Batton and Mrs. Geasland
Mr. Boaman advised of a request from Mrs. Batton and Mrs. Geasland, of the Dover Library, to become a part of (or buy into) the City of Dover Pension Plan.
A written opinion from the City Solicitor was received with a recommendation that the City deny the request.
The library employees did not come under the City of Dover Pension Plan until complete takeover by the City in 1975. Mrs. Batton’s and Mrs. Geasland’s request seeks credit for time employed under the old system that funneled funds through the school district to an appointed commission.
After thoroughly discussing the matter, the committee recommended that the consultant firm of E.H. Friend, Actuarial Consultants to the City of Dover, be asked to determine the cost factors involved to the City and employees under the perimeters of the request.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Anti-Trust Legislation
Mr. Boaman advised Council that the City of Dover has received copies of proposed legislation that protects municipalities from anti-trust suits. The City of Newark and the City of Wilmington initiated the proposed legislation and Dover must determine if they will participate in backing and document and also sharing in the cost of its preparation.
The Legislation and Finance Committee recommended approval of the proposed bill.
Mr. Boaman moved to adopt the following resolution supporting anti-trust legislation, seconded by Mr. Hardcastle and carried by a unanimous roll call vote.
WHEREAS, the City of Dover has been made aware of the recent United State Supreme Court decision ruling that municipalities may be liable under the Sherman Anti-Trust Act and of other Court decisions ruling that municipalities may be liable for monopolies under the Federal and State Anti-Trust laws; and
WHEREAS, the Mayor and Council deem it to be within the public interest of citizens of the City of Dover that the City be permitted to create monopolies in certain areas, such as cable television, electrical power and energy, water and sewer, and other areas; and
WHEREAS, the City of Dover has joined with the cities of Wilmington and Newark in having proposed legislation prepared permitting municipalities in the State of Delaware to create monopolies in certain areas for the benefit of the public without liability under Federal or State Anti-Trust legislation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That the Mayor and Council deem it to be within the public interest of the citizens of the City of Dover to have the General Assembly of the State of Delaware pass proposed legislation permitting municipalities and the City of Dover, to create monopolies for the benefit of citizens of these municipalities free from the threat of violation of the Anti-Trust laws both State and Federal.
2. That the Mayor and Council of the City of Dover approve the legislation proposed and request that the General Assembly of the State of Delaware pass this legislation for the benefit of all municipalities in the State of Delaware and all residents of these municipalities.
ADOPTED: MAY 9, 1983
Massachusetts Mutual Insurance Company Contract - Civilian and Police Pension Funds
Mr. Boaman relinquished the floor to Mr. Shevock, Chairman of the Civilian and Police Pension Boards of Trustees, to explain action taken by the two bodies to withdraw all funds from the present company, Massachusetts Mutual Insurance Company, that invests and administers funds from the two plans.
Mr. Shevock stated that in recent meetings with the two boards, it was unanimously voted to withdraw all City pension funds from Massachusetts Mutual Insurance Company. However, the contract with the insurance company stipulates that funds can be withdrawn in six equal payments over a five year period or withdrawn in one lump sum, which involves substantial penalties.
Mr. Shevock, Mr. Bartolotta and Mr. Karia met with Mr. Sherman Townsend and representatives of Wilmington Trust Company, thoroughly discussing the options in the contract with Massachusetts Mutual and concluded that the City should withdraw in one lump sum.
Mr. Shevock advised Council that once the funds are removed from Massachusetts Mutual, they will be invested in short term instruments until such time that a professional money manager is engaged to administer and invest the funds. The ultimate money manager will be decided through a bid process.
Mr. Shevock moved that all funds of the Civilian and Police Pension Plans be withdrawn in one lump sum from Massachusetts Mutual Insurance Company, to be invested in short term instruments until such time that a professional money manager is engaged. The motion was seconded by Mr. Witt and carried by unanimous roll call vote.
Mr. Bartolotta stated that the City Manager’s Office would notify Massachusetts Mutual immediately of Council’s action and it was thought that the City would receive the funds within at least thirty (30) days.
Adoption of Revenue Sharing Expenditures
Mr. Boaman moved that the question of revenue sharing allocations be removed from the table, seconded by Mr. Witt and unanimously carried.
Questioned by Mr. Witt and Mr. Richter, Mr. Bartolotta stated that the May 4, 1983 listing of revenue sharing allocations conforms with the proposed General Fund budget for fiscal year 1983/84.
Those allocations are as follows:
FUNCTIONS/DEPARTMENT
FINANCIAL AND GENERAL ADMINISTRATION
City Clerk’s Office
Tax Assessor’s Office
Computer Center
LIBRARY
Library Service
HEALTH
Ambulance Service
Ambulance Service
ROADS
Street Department
Street Department
POLICE
Police Department
Police Department
Police Department
FIRE
Fire Department
Fire Department
Fire Department
OTHER SANITATION
Sanitation Department
Sanitation Department
PARKS AND RECREATION
Recreation Department
OTHER SERVICES
Senior Surrey Service
TOTAL EXPENDITURES
ITEM
Micro Processor
Re-evaluation
Programs
Planning
Operating Expenses
Ambulance
Front-End Loader
Street Resurfacing
Automobiles
Gas Tank
Canopy
Payment on Ladder Truck
Pagers
Automobiles
Garbage Truck
Dump Truck
Parks Improvements
Operating Expenses
ESTIMATES
$ 7,500
75,000
2,040
8,000
149,590
24,000
50,000
134,900
62,300
6,290
5,510
60,000
5,500
9,000
73,400
43,000
13,200
33,270
$ 762,500
Mr. Boaman moved that revenue sharing be extended in detail per the May 4, 1983 listing from the City Manager; total amount being $762,500. The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Adoption of General Fund Budget - Fiscal Year 1983/84
Mr. Boaman moved to remove the subject of the General Fund Budget from the table, seconded by Mr. Witt and unanimously carried.
Mayor Carroll opened the floor for discussion to consider adoption of the General Fund Budget for fiscal year 1983/84 that includes revenue sharing requests.
Mr. Boaman stated that the General Fund Budget is being considered in accordance with an update, dated May 6, 1983, that incorporates a total budget of $5,943,430.
Mr. Boaman moved that the General Fund Budget for fiscal year 1983/84, in the amount of $5,943,430, be adopted and per the Legislative and Finance Committee recommendation, that said adoption include stipulations that (1) prior to the purchase of a second new trash truck in the amount of $73,000, a report be submitted to Council on the operation of the first truck that is already on order - (2) delay the purchase of a paramedic vehicle chasis until further Council approval - (3) delay the purchase of pagers for the Robbins Hose Company until a report is submitted to Council based on new information concerning an audible fire siren system. The motion was seconded by Mr. Weyandt.
By unanimous roll call vote, Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Five Million, Nine Hundred Forty Three Thousand, Four Hundred and Thirty Dollars ($5,943,430) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 1983 and ending June 30, 1984.
BUDGET ITEMS
Department Expenditures:
City Clerk & Treasurer’s Office
Ambulance Service
Senior Surrey
Fire Department
Fire Marshal’s Office
Health Inspections
1983/84
PROPOSED
$ 73,490
275,540
139,440
209,810
21,300
19,360
BUDGET ITEMS - Continued
Public Inspections
Mayor and Council Office
Recreation Department
Planning Commission
Police Department
Public Works - Administration
- Building & Grounds
- Street Department
- Sanitation Department
Tax Assessor’s Office
Library Service
ALLOCATED EXPENSES:
City Manager’s Office
Engineering Office
Computer Center
Finance Department
Maintenance Shop
Stores Department
SUBTOTALS
Health and FICA Costs Reserve
Debt Service - Principal & Interest
TOTALS
REVENUE SHARING FUND
General Operating Fund - Capital Items and Other
Expenditures (as outlined on pages seven and eight)
1983/84
PROPOSED
$ 177,050
31,370
150,320
3,780
2,270,050
39,580
371,670
595,830
511,540
166,800
239,270
115,840
30,390
49,860
132,330
104,320
5,720
$ 5,734,660
27,880
180,890
$ 5,943,430
762,500
2. The City Manager is hereby authorized without further approval of the City Council to make interdepartmental transfers of up to 10% of the amount hereinafter appropriated to any department.
ADOPTED: MAY 9, 1983
WATER AND SEWER FUND BUDGET - 1983/84
Mayor Carroll opened the floor for discussion on the Water and Sewer Fund budget for fiscal year 1983/84.
Mr. Boaman moved that the Water and Sewer Fund budget, in the amount of Two Million, Seven Hundred Eighty Three Thousand, Nine Hundred and Ten Dollars ($2,783,910) be adopted for fiscal year 1983/84. The motion was seconded by Mr. Witt.
Mr. Richter pointed out that the adoption of the Water and Sewer Fund budget includes more than the amount mentioned in Mr. Boaman’s motion. The budget also takes into consideration capital expenditures and tentative plans have been discussed concerning issuing bonds.
By a unanimous roll call vote, Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Two Million, Seven Hundred and Eighty Three Thousand, Nine Hundred and Ten Dollars ($2,783,910) or so much as may be necessary are hereby appropriated from current revenues for the use of the Water and Sewer Department of the City of Dover for the fiscal year beginning July 1, 1983 and ending June 30, 1984.
DIRECT EXPENSES
Water Department
Sewer Department
County Sewer Fees
Public Works Adminis.
ALLOCATED EXPENSES
City Manager’s Office
Engineering Office
Computer Center
Finance Department
Maintenance Shop
Stores Department
Subtotals
OTHER APPROPRIATIONS
Debt Service - Principal & Interest
Debt Service & Capital
General Fund
Financing - Previous Year’s Deficit
Totals
1983/84
PROPOSED
$ 627,620
210,240
630,000
40,880
51,820
91,170
29,920
57,420
10,840
17,500
$ 1,767,410
-
966,500
50,000
-
$ 2,783,910
2. The City Manager is hereby authorized without further approval of the City Council to make interdepartmental transfers of up to 10% of the amount hereinafter appropriated to any department.
ADOPTED: MAY 9, 1983
Mr. Boaman moved for adoption of the Legislation and Finance Committee Report as submitted, seconded by Mr. Hardcastle and unanimously carried.
AUTHORIZED MANPOWER AND SALARIES - POLICE DEPARTMENT
Mr. Boaman moved to authorize a personnel strength of sworn police officers in the Police Department totaling 56 and the approval of salaries in accordance with established pay scale. The motion was seconded by Mr. Witt and carried by unanimous roll call vote.
REZONING REQUEST - .9107 ACRES - LAND IN REAR OR AND ADJACENT TO LUTHER TOWERS - LUTHERAN SENIOR SERVICES OF DOVER, INC
A request was received to rezone .9107 acres of land in the rear of and adjacent to Luther Towers, owned by Lutheran Senior Services of Dover, Inc. for the purpose of a senior citizen facility. 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. Shevock, 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 Kings Highway (.9107 acres behind and adjoining the present Luther Towers premises on Silver Lake) 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 June 13, 1983 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from C-4 to RG-4 that property located on Kings Highway (.9107 acres behind and adjoining the present Luther Towers premises on Silver Lake), owned by Lutheran Senior Services of Dover, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: MAY 9, 1984
COUNCIL MEETING - MAY 23, 1983 - POSSIBLE LACK OF QUORUM
Mayor Carroll advised Council that a number of members will be absent on May 23, 1983 which is a regularly scheduled Council Meeting date.
Mr. Boaman stated that the meeting could be set for May 31, 1983 which falls on Tuesday. He reminded Council that the Legislative and Finance Committee will be holding workshops on the Electric Budget and at this point could not project the number of meetings necessary before a final decision can be reached.
It was also noted that two public hearings for rezonings are scheduled for May 23, 1983. Mr. Roe stated that the rezonings are not so pressing that they could not be cancelled and a new date set.
Mr. Richter moved that the May 23, 1983 Regular Council Meeting be cancelled, seconded by Mr. Witt and unanimously carried.
Mr. Boaman advised Council that there is a Legislative and Finance Committee meeting set for May 18, 1983. He set a tentative date of June 1, 1983 for an additional committee meeting, with the thought that discussions on the Electric budget will warrant more than one meeting.
CANCELLATION OF ZONING PUBLIC HEARINGS ON MAY 23, 1983
Mr. Witt moved to cancel the zoning public hearings concerning properties owned by Abraham Mersky and Michael & Jane Mattern, which were scheduled to be held on May 23, 1983, rescheduling the public hearings for June 13, 1983 at 7:30 p.m. The motion was seconded by Mr. Boaman and unanimously carried.
CORRESPONDENCE
B.A. Bruner - Fire Damage - Finish Line Tavern
A letter date April 28, 1983 from Mr. B.A. Bruner extended apologies for not attending a hearing on April 25, 1983. The hearing was scheduled under the Dangerous Building Code for property owned by Mr. Bruner on N. DuPont Highway that was involved in fire damage. Mr. Bruner advised Council of an engineering study that has been completed on the fire damaged buildings and requested an opportunity to address Council on what he termed “salvageable portions of the building”.
Mr. Roe explained that Mr. Bruner is appealing his decision for demolition of the fire damaged buildings.
Mr. Weyandt moved that the action by Council that has taken place thus far, remain as approved, seconded by Mr. Boaman and unanimously carried.
Joan M. Kepfer - 55 Forest Creek Drive - Electric Service
A letter was received from Joan M. Kepfer of 55 Forest Creek Drive, requesting permission to speak to Council on stated problems with the service extended by the Electric Department.
Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Christiansen and unanimously carried.
State of Delaware - Division of Highways - James M. Keller - Right-of-Way Entry on City Owned Land - U.S. Rote #113 and Kitts Hummock Intersection - Dualization of U.S. Route #113
A letter was received from Mr. James M. Keller, Department of Transportation, Division of Highways, State of Delaware, that enclosed a right-of-entry contract for City owned land located at the intersection of U.S. Route #113 and Kitts Hummock Road, relative to dualization of U.S. Route #113. Mr. Keller’s letter stated that the request is being made in advance of the normal acquisition process because of the Department’s need for an early contract advertisement and award of the roadway phase of this project. He also stated that the Department has commenced the process of having a real estate appraisal prepared to determine the fair market value of the City site.
Mr. Witt moved for referral to the Utility Committee with staff input, seconded by Mr. Boaman.
Mr. Weyandt suggested that consideration be given to the City trading the land for property within the City of Dover, rather than having money involved.
Mr. Tudor suggested that the matter be referred to the Utility Committee and the Legislative and Finance Committee.
Mr. Richter advised that the land in question has been discussed by Council in the past and the Department of Transportation indicated desire to purchase same. Now it appears that Council is undecided about the position of the City owned property.
Mayor Carroll felt that a committee should review the facts before and definite commitment to the Department of Transportation and noted that the end result could be that the Department could initiate condemnation procedures if necessary.
Mr. Richter advised that the Department desires to obtain the right-of-entry on the property to expedite necessary construction procedures. Negotiations on how the land is transferred will come later.
It was the general feeling of Council that a committee should review the facts concerning the acquisition of the land, but in this process not delay the Department of Transportation concerning a right-of-entry.
Mr. Witt pointed out that provisions in the right-of-entry state that “the right-of-entry does not jeopardize in any way future negotiations for the ultimate acquisition of the property nor any rights to which the City of Dover is entitled otherwise by state of federal law”.
Mr. Bartolotta stated that referral to committee would make the matter a moot point because the appraisal process by the State has already begun. Those results will be coming to Council in three to four weeks. What the State of Delaware wants, at this point, is a right-of-entry so that they can proceed with construction since the project is presently ahead of schedule. From a staff perspective, the right-of-entry could be very advantageous to the City since the City would be relieved of any maintenance on the plot of land. This would not preclude any right to negotiate a settlement on the property.
Mr. Witt agreed to include in his motion to grant the State of Delaware a right-of-entry on the City owned land, in conjunction with referral of the matter to the Legislative and Finance Committee and Utility Committee. Mr. Boaman, as seconder of the main motion, agreed to the inclusion.
As agreed upon by Council, Mr. Richter abstained from voting due to a conflict of interest.
The motion for referral to the Utility Committee and Legislative and Finance Committee and the granting of a right-of-entry to the State Department of Transportation was carried by a roll call vote of seven (7) yes.
Kent County Board of Realtors - Real Estate Transfer Tax
In a letter to Mayor Carroll, Randy E. Marvel, President of the Kent County Board of Realtors, advised of the Board’s opposition to any increase in the present 2% real estate transfer tax. Mr. Marvel was referring to proposed legislation that would levy an additional tax to be paid to counties and municipalities.
Mr. Witt moved to acknowledge receipt of the correspondence, seconded by Mr. Boaman and unanimously carried.
Rapid Roof - 10 Loockerman Circle - Operating Business Out of Residence and Truck Parked on City Streets - Mildred Labaw - 846 E. Loockerman Street
A letter was received from Mildred Labaw of 846 E. Loockerman Street, complaining that Rapid Roof is being operated out of 10 Loockerman Circle, which is a residential area. In addition, a truck affiliated with the business is parked on City streets 24 hours per day. She also stated that there is no state or city licenses issued for the business.
Mr. Witt moved for referral to the City Solicitor for a written statement to Mrs. Labaw, seconded by Mr. Weyandt and unanimously carried.
Roger D. Kelsey - Permission to Use City Seal on a Regular Sized Envelope
A letter from Mr. Roger D. Kelsey of 146 Crescent Drive, requested permission to reproduce the City Seal on a regular sized envelope to commemorate 300 years of progress of the City of Dover. It was his intention to produce a limited edition of approximately 300 which will be cancelled at the Dover Post Office on June 11, 1983.
Among other projects, Mayor Carroll stated that Mr. Kelsey has done a great deal of research on the history of the City of Dover in commemoration of the 300 year history of the City.
Mr. Boaman moved for approval of Mr. Kelsey’s request with the stipulation that the City Seal be utilized only as stipulated in the correspondence. The motion was seconded by Mr. Weyandt and unanimously carried.
Schmittinger and Rodriguez
By motion of Mr. Witt, seconded by Mr. Boaman, confidential financial correspondence from the law firm of Schmittinger and Rodriguez was referred to the Legislative and Finance Committee.
Senator Joseph R. Biden, Jr. - Revenue Sharing Bill S.41
A letter from Senator Joseph R. Biden, Jr. advised Mayor Carroll that he has sponsored a bill to extend the General Revenue Sharing Program for three years. Revenue Sharing Bills S.41 would extend the program to fiscal year 1986 at the current level of 4.6 billion dollars.
Mr. Witt moved to acknowledge receipt of the letter, 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 May 9, 1983, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
May 16, 1983
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