City of Dover, Delaware - Regular City Council Meeting

Regular City Council Meeting

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Feb 28, 1983 at 12:00 AM

REGULAR MEETING

February 28, 1983

The Regular Meeting of Council was held on February 28, 1983 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Hardcastle, Carey, Witt, Bonar and Shevock.

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

RESOLUTION - ROBERT M. BERGLUND

Mayor Carroll presented the following resolution to Mr. Robert M. Berglund, stating that a City of Dover plaque is forthcoming:

WHEREAS, Robert M. Berglund has served as a member of the Dover Planning Commission from July 1975, when he was appointed to fill an unexpired term to the present time; and

WHEREAS, Robert M. Berglund, for the last eight years, has devoted his time and attention to the important functions of the Planning Commission to the benefit of the residents of the City of Dover by taking an active part in the careful planning of the City; and

WHEREAS, during his tenure, the Planning Commission was faced with several difficult and far-reaching decisions to which Mr. Berglund applied himself completely.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. The Mayor and Council express their appreciation to Robert M. Berglund for devoting his time and attention to the duties of the Planning Commission.

2. The Mayor and Council wish Robert M. Berglund success in the future.

3. The Mayor and Council 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 Robert M. Berglund.

ADOPTED: February 28, 1983

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 14, 1983

Mr. Witt moved for adoption of the minutes of the Regular Meeting of February 14, 1983, seconded by Mr. Carey.

Mr. Hardcastle stated that page four of the minutes speaks to the issue of parking around The Green. During that meeting, it was stated that the presented parking regulations were in force due to Council action and not by request of the employees and/or workers. He stated that since the date of the meeting, research has indicated that the free parking on the inner circle and regulated two hour parking on the outer circle was placed in effect due to a petition requesting same by the employees and/or workers of The Green.

Mr. Hardcastle moved to amend the motion to include that his findings be made a part of the Official Minutes. The motion was seconded by Mr. Carey and unanimously carried.

By unanimous vote, Council adopted the motion to approve the Regular Minutes of February 14, 1983, as amended. The Minutes bore the written approval of Mayor Carroll.

PUBLIC HEARING - REZONING - PROPERTY KNOWN AS THE GREENS, SITUATED EAST AND WEST OF INDEPENDENCE BOULEVARD - NLS CORPORATION

A public hearing was duly advertised for this time and place to consider rezoning property known as The Greens, situated east and west of Independence Boulevard, consisting of 29.4 and 9.4+ acres respectively, owned by NLS Corporation.

Mayor Carroll declared the hearing open.

Mr. Louis Karins, an engineer and planner, from 4115 Concord Pike, Wilmington, Delaware, was present representing the equitable owners, Frank A. Robino, Jr. and Village Builders, and the owner, NLS Corporation. Mr. Karins displayed a plan depicting the proposed plans for the two parcels of land.

He stated that originally a park, known as Continental Park, which is three acres plus or minus, was located directly behind the lots that front on Freedom Drive. This parcel is now included in that property being requested to be rezoned. To allow for more houses to be built, utilizing the land where the proposed park was to be, he is proposing that the park be located on a parcel of land on the south end of the site, where a new detention pond is scheduled to be located.

In response to a question by Mayor Carroll, Mr. Roe stated that the original plot plan, which shows the parkland to be behind the lots fronting on Freedom Drive, was recorded by the Kent County Recorder of Deeds, but has not been accepted by the City of Dover.

Responding to a question by Mr. Boaman, Mr. Karins agreed that it is their proposal that the new proposed parkland is to be located at the same site as the proposed detention pond.

Mrs. Sally Hollingsworth of 53 Freedom Drive, addressed Council stating that the parkland was on the original plans for Bicentennial Village, as well as on the plans of The Greens. This plan has been recorded as such with the Kent County Recorder of Deeds. She felt it unfair that the developer be permitted to change the location of the parkland at this late date. Many residents purchased their homes based on the location of the parkland as shown on the original plan.

Mr. Richard J. Dorazil of 22 Freedom Drive was present stating that in his conversations with neighbors he has not found any real opposition to not having the Continental Park where it was originally planned. He felt that the people who oppose the moving of the park are only a small portion of the residents. The remainder of the home owners either do not oppose it or have no opinion on the matter.

Mr. Dorazil stated his feeling that the City of Dover does not need another parcel of parkland to maintain when the City is presently trying to dispose of unwanted parkland which is costly to maintain.

Mrs. Robert Hadgraft of 62 Freedom Drive stated that her deed reads that her southern border is Continental Park. She bought her home on the premise that her home would border Continental Park and she is very much opposed to the idea that the parkland could be moved now to allow the owners to build more homes on this parcel of land. She disagreed with Mr. Dorazil in his feeling that most of the home owners do not have an opinion on this matter. She has personally spoken to many of the residents and has found that nearly everyone is opposed to moving the parkland.

Mr. Lawrence Rasmussen of 44 Freedom Drive addressed Council, stating that his property abuts the detention pond that now exists. He stated that it is the developers intention to fill in this pond and move it, along with the proposed parkland, to the south end of the site.

Mr. Rasmussen stated that the present pond is a health hazard, attracting bugs and snakes, and is far from something that should be located on a children’s park. He further reiterated that he purchased his home on the premise that his child would have a nice park to play in.

Attorney Glenn Hitchens, representing Village Builders, stated that the plan has been recorded with the intent to dedicate the parkland to the City of Dover. That parkland, has not, however, been accepted and deeded to the City of Dover.

Mr. Hitchens further stated that the only matter before Council is if the proposed property should be rezoned. The question of a park, where it should be located, etc., is not involved with the question of rezoning. Mr. Hitchens referred to the Planning Commission’s recommendation to approve the request for rezoning with the exception of the three acre parkland plot. The decision on consideration of the park would be made at the time of request for new subdivision approval.

Mr. Roe, in replying to a question by Mr. Boaman, stated that the City of Dover has signed and recorded the original plot (including the park in its original location), but we have not actually accepted the deed to the park.

Mayor Carroll declared the hearing closed.

Mr. Boaman moved for approval of the request to rezone the property from RG-3 to RM-1, excluding the 3.0 acres originally designated as parkland, known as Continental Park. The motion was seconded by Mr. Hardcastle and by a unanimous roll call vote, the following ordinance was adopted:

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED IN THE GREENS (AREA EAST OF INDEPENDENCE BLVD. - 29+ ACRES AND AREA WEST OF INDEPENDENCE BLVD. - 9.4+ ACRES) EXCLUDING THE 3.0 ACRES ORIGINALLY DESIGNATED AS PARKLAND, KNOWN AS CONTINENTAL PARK.

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-3 to RM-1.

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-3 to RM-1 on that property located in The Greens (area east of Independence Blvd. - 29+ acres and area west of Independence Blvd. - 9.4+ acres) excluding the 3.0 acres originally designated as parkland, known as Continental Park, owned by NLS Corporation.

ADOPTED: FEBRUARY 28, 1983

MONTHLY REPORTS - JANUARY

By motion of Mr. Witt, seconded by Mr. Bonar, the following reports for the month of January were unanimously approved:

Chief of Police Report

Building Inspector and Fire Marshal Report

City Alderman Report

City Manager’s 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

UTILITY COMMITTEE REPORT

The Utility Committee met on February 16, 1983 with Chairman Richter presiding.

Muriel Schwartz - Special Assessment

The committee considered a request by Muriel Schwartz to waive interest on a special assessment charge for the installation of water and sewer lines along her property. The lines were installed in 1970-71. According to City ordinance, those billed were given five years to pay the obligation in full at the rate of 6% per annum interest on the unpaid balance if not paid within the first year. Ms. Schwartz was billed for her 600' frontage on N. State Street Extended which amounts to $4,800.

No payments were made on the Schwartz account until 1977 when they began to pay sporadically. This matter has been scheduled to go court in February. Ms. Schwartz is now requesting that the City of Dover waive interest charges on this assessment since it is her feeling that she neither requested the water and sewer lines nor had any use for them.

Based on staff’s recommendation, it was the recommendation of the committee that the request be denied and that the matter be allowed to proceed through the court. It was noted that the interest charge was clearly stated in the ordinance adopted by Council on January 11, 1971 and mention of the interest was made in every payment reminder sent to Schwartz’s. It was also noted that waiving of interest in this case would set a precedent for similar assessments already made or to be made in the future.

Mr. Richter moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.

Capital Improvement Plan

The committee recommended approval of the Five Year Capital Improvement Plan, with the following changes:

Page Project

29 Replace 3 deep wells Change from 83/84, 85/86, 86/87 to 84/85, 86/87, 87/88

33 8" water line Loockerman St. Delete

55 Backhoe 514 Replacement Change $30,000 to $50,000

55 Hyd. Excavator Delete

33-41 Add to all project sheets a statement

45-53 indicating project depends upon annexation. Also add general policy statement to beginning of each of these sections.

Storm sewers and streets should be added in next year’s program.

Efforts should be made to remove the equipment replacement from the program.

Mr. Richter moved for approval of the Five Year Capital Improvement Plan, including the aforementioned changes. The motion was seconded by Mr. Bonar and carried by a unanimous roll call vote.

Water and Sewer Rate Study

In an attempt to make the water/sewer fund a true enterprise fund, the Utility Committee recommended adoption of the following rate increase in water and sewer rates, to become effective July 1, 1983. It is noted that with the new rates the combined water/sewer bills will increase by approximately 20%.

Within City

Water 78¢ per 1,000 Gallons - No Minimum Charge

Sewer 82¢ per 1,000 Gallons - No Minimum Charge

Outside City

Water $1.16 per 1,000 Gallons - No Minimum Charge

Sewer $1.23 per 1,000 Gallons - No Minimum Charge

Industrial Users

Water 78¢ per 1,000 Gallons - No Minimum Charge

Sewer 82¢ per 1,000 Gallons - No Minimum Charge

Industrial users subject to the following rate formula

where the strength of their waste exceeds normal.

BOD ppm SS ppm

F = .71 + .12 ( 300 ppm) + .17 (350 ppm)

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

All users subject to Kent County Sewer Adjustment Charge

based on actual cost to Kent County for conveyance and

treatment. Rate of 34¢ per 1,000 gallons as a base in above

sewer rates.

Mr. Richter explained that this recommendation also assumes that the 5% discount for payment within 30 days will be eliminated. In its place it is proposed that all bills be paid within 30 days of billing and that a 5% penalty be attached for all delinquent accounts over 30 days.

Mr. Richter moved for adoption of the proposed increase in water and sewer rates, to become effective July 1, 1983. The motion was seconded by Mr. Bonar.

Mr. Witt moved to amend the motion to require that a public hearing be held on March 28, 1983 prior to approval fo the proposed rate increase. The motion was seconded by Mr. Hardcastle. The motion to amend failed by a roll call vote of four (4) yes, four (4) no (Mr. Richter, Mr. Boaman, Mr. Bonar and Mr. Shevock).

By a roll call vote of six (6) yes, two (2) no (Mr. Hardcastle and Mr. Witt) the motion to approve the recommended increase in water and sewer rates, effective July 1, 1983, (as shown above) was approved.

Mr. Richter stated that there was conversation during the committee meeting on the present billing procedure of the City for water and sewer bills. Staff is reviewing this matter and a report will be made at the next committee meeting.

Consolidated Rail Corporation Agreement

The location of the proposed Puncheon Run Sewer Interceptor requires crossing under the Delmarva branch of Consolidated Rail Corporation in the vicinity of the intersection of New Burton Road and Blue Beach Drive, 1.25 miles south of the station of Dover.

In order to construct the sewer interceptor under the railroad, it was the committee’s recommendation that Council adopt a resolution authorizing the execution of an Agreement between the Consolidated Rail Corporation and the City of Dover.

By motion of Mr. Richter, seconded by Mr. Boaman, the following resolution was adopted by unanimous roll call vote:

WHEREAS, Consolidated Rail Corporation has requested a Resolution from the Mayor and Council of the City of Dover concerning the installation by the City of Dover of a 30" sanitary sewer interceptor through the lands and under and across the roadway and tracks of the Delmarva branch of Consolidated Rail Corporation in the vicinity of the intersection of New Burton Road and Blue Beach Drive, 1.25 miles south of the Station of Dover; 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 sewer interceptor across the property of Consolidated Rail Corporation.

2. That the Mayor and Carroll authorizes the Mayor of the City of Dover to execute the aforesaid Agreement.

ADOPTED: FEBRUARY 28, 1983

Delaware Municipal Electric Corporation

Mr. Bartolotta reported to the committee that the Delaware Municipal Electric Corporation has approached the City of Dover concerning the possibility of purchasing peak capacity in order to benefit the members of the Association and the City. They are proposing to pay for the cost of generating whatever capacity they buy and in addition to that they would pay some type of shared savings between the cost of our generation and the cost that they have to pay in a demand charge.

The committee instructed the City Manager to pursue the possibility of the proposal to determine the advantages/disadvantages of same and report to the committee at a later date.

Barrister Place Update

Mr. Richter informed Council that the City has the necessary signed easements across Dover East and we own the pumping station and the sewer lines to the pumping station. The City is now maintaining all streets, rights-of-way and utilities at Barrister Place.

Electric Program for Future - Coal Conversion

Resulting from recommendations of several electrical consultants, the committee discussed the feasibility of having a consultant prepare a study on the possibility of converting to coal and any possible cost savings to the City.

With so many major electric companies converting to coal, Mr. Richter felt it imperative that the City look into the possibility of converting from oil to coal since it could result in substantial savings to the City. He suggested that the committee authorize the City Manager to inquire about costs for such a study from various consultants.

Mr. Tudor disagreed with pursuing this matter at the present time, feeling that there is a possibility that oil costs will drop in price, suggesting that the City take a “wait and see” stand on this matter.

It was the recommendation of the committee that the staff be authorized to prepare a detailed “Request for Proposals” and that this be sent to various consulting firms for follow-up.

Mr. Richter moved to authorize the City Manager to prepare a “Request for Proposals” to various consulting firms to prepare a study to determine the feasibility of converting our existing power plant from oil to coal to provide for more economical power to the residents of the City. The motion was seconded by Mr. Boaman.

There was considerable discussion on the advantages/disadvantages of converting from coal to oil. It was noted by Mr. Richter that the motion is only to approve the committee’s recommendation that a “Request for Proposals” be prepared and sent out to consultants so that Council can consider the possibility of initiating a study on the feasibility of converting from oil to coal. Action to initiate such a study would come at a much later date.

Mr. Tudor reiterated his disagreeance with this proposal, feeling it a waste of money to the City of Dover.

Mr. Bonar called for the question.

The motion to authorize the City Manager to prepare a “Request for Proposals” to various consulting firms to prepare a study to determine the feasibility of converting our existing power plant from oil to coal was approved by a voice call vote of seven (7) yes, one (1) no (Mr. Tudor).

Mr. Richter moved for approval of the Utility Committee Report as submitted, seconded by Mr. Boaman and unanimously carried.

REZONING REQUEST - LOTS #20, #22 & #24 S. BRADFORD STREET - DR. BASILIO N. BAUTISTA

A request was received to rezone Lots #20, #22 & #24 S. Bradford Street, owned by Dr. Basilio N. Bautista, for the purpose of a professional building.

Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.

By motion of Mr. Boaman, seconded by Mr. Hardcastle, Council unanimously referred the matter to the Planning Commission on March 21, 1983 and adopted the following resolution:

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 at Lot #20, #22 & #24 South Bradford Street 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 March 28, 1983 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-8 to RG0-0 that property located at Lots #20, #22 & #24 South Bradford Street, owned by Basilio N. Bautista.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED: FEBRUARY 28, 1983

REZONING REQUEST - WILLIS ROAD - YOUNG MEN’S CHRISTIAN ASSOCIATION, INC. OF SOUTHERN DELAWARE

A request was received from the Young Men’s Christian Association, Inc. of Southern Delaware to rezone property located on Willis Road for the purpose of townhouses.

Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.

By motion of Mr. Bonar, seconded by Mr. Witt, Council unanimously referred the matter to the Planning Commission on March 21, 1983 and adopted the following resolution:

WHEREAS, certain lands located on Willis Road are presently zoned for RG-2 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 March 28, 1983 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-2 to RG-3 that property located on Willis Road, owned by the YMCA of Southern Delaware.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED: FEBRUARY 28, 1983

PLANNING COMMISSION APPOINTMENTS

Mayor Carroll submitted the names of the following persons to be appointed to the City of Dover Planning Commission. The appointments are for three year terms, expiring in 1986.

1. D. Julian Massey 2. John McKenna 3 Courtney Houston

By motion of Mr. Hardcastle, seconded by Mr. Bonar, Council by a unanimous roll call vote approved the appointments.

Due to the vacancy created by Mr. Berglund, Mayor Carroll submitted the name of Mr. William Hayes to fill a seat on the Planning Commission for a two year term, expiring in 1985.

By motion of Mr. Hardcastle, seconded by Mr. Bonar, Council approved the appointment by unanimous roll call vote.

PLANNING COMMISSION REQUEST TO REZONE LAND LOCATED ON PEAR STREET

A request was received from the City of Dover Planning Commission to rezone property located between Teal Construction Company and Clara Street on Pear Street and the property between Brown Street and William Street on Pear Street.

Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.

By motion of Mr. Boaman, seconded by Mr. Hardcastle, Council unanimously adopted the following resolution:

WHEREAS, certain lands located between Teal Construction Company and Clara Street on Pear Street and the property between Brown Street and William Street on Pear Street 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 March 28, 1983 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from R-8 to C-3 that property located between Teal Construction Company and Clara Street on Pear Street and the property between Brown Street and William Street on Pear Street, by an administrative request of the City of Dover Planning Commission.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED: FEBRUARY 28, 1983

PLANNING COMMISSION REQUEST TO AMEND THE MOBILE HOME PARK ZONING

FROM SINGLE OWNERSHIP BY ADDING A PROVISION TO ALLOW FOR CONDOMINIUM MULTIPLE OWNERSHIP

The City of Dover Planning requested that Council set a public hearing to consider amending the Mobile Home Park zoning from single ownership by adding a provision to allow for condominium multiple ownership.

Mr. Boaman moved to set a public hearing for March 28, 1983 at 7:30 p.m. to consider the request of the Planning Commission. The motion was seconded by Mr. Hardcastle and unanimously carried.

CHARTER CHANGE - BONDING - SECTION 50 OF CITY OF DOVER CHARTER

Stemming from a request of the Legislative and Finance Committee, the firm of Potter, Anderson & Corroon submitted a proposed change to Section 50 of the City of Dover Charter, dealing with bonding.

Mr. Richter moved for adoption of the following resolution, seconded by Mr. Boaman. By unanimous roll call vote, the following resolution was adopted:

BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

WHEREAS, the Mayor and Council of the City of Dover have worked extensively in attempting to revise the Charter of the City of Dover so that it will be updated and in conformity with the modern complex form of municipal government and financing; and

WHEREAS, the Mayor and Council of the City of Dover have approved recommended changes concerning the bonding provisions of the Charter and ask that the General Assembly of the State of Delaware amend the Charter accordingly.

THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER THAT THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE IS HEREBY ASKED TO REVISE THE CHARTER OF THE CITY OF DOVER IN CONFORMITY WITH THE AMENDMENT PROPOSED BY AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER AS SUBMITTED.

ADOPTED: FEBRUARY 28, 1983

AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER CHAPTER 158, VOLUME 36 LAWS OF DELAWARE AS IT MAY HAVE BEEN AMENDED FROM TIME TO TIME RELATING TO THE ISSUANCE OF GENERAL OBLIGATION BONDS, SPECIAL ASSESSMENT REVENUE BONDS, TAX ANTICIPATION NOTES AND BOND ANTICIPATION NOTES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (two thirds of all members elected to each house thereof concurring therein).

Section 1. Amend Section 50, Chapter 158, Volume 36, Laws of Delaware as amended by Section 4, Chapter 318, Volume 49 Laws of Delaware, Section 1, Chapter 112, Volume 2 Laws of Delaware and Section 4, Chapter 96, Volume 54 Laws of Delaware by striking said section in its entirety and substituting in lieu thereof the following:

Section 50 Debt Limit

(a) Whenever the needs of the City shall require more money than is at the time in the City Treasury from current receipts, the Council shall be authorized and empowered to anticipate current revenue by borrowing such sums as shall be needed not in excess of one (1%) percent of the total taxable assessment for a general tax. The amount so borrowed shall be paid back out of current revenue received thereafter.

To exercise the power aforesaid the Council shall adopt a resolution to that effect, which resolution shall require the affirmative vote of at least three-fourths of all the members of Council, and the approval of the Mayor. The indebtedness created under this Section shall be evidenced by the bond, or note, of the City, and the faith and credit of the City shall be deemed to be pledged thereby.

(b) The Mayor and Council is hereby authorized and empowered to borrow from time to time on the faith and credit of The City of Dover sums of money for such purposes as may by deemed necessary and proper by the Mayor and Council of the said City which purpose shall be consistent with the powers conferred upon the Mayor and Council of The City of Dover by the Charter thereof, as amended, for the management and maintenance of the said city and for these purposes the Mayor and Council shall have full power and authority to issue bonds of the said “The City of Dover”.

The aggregate of the amounts so borrowed together with all other bonded indebtedness for which the full faith and credit of The City of Dover has been pledged shall not at any time exceed a sum equal to 25 percent of the total assessed value of real property situate within the bounds of The City of Dover as such boundaries shall from time to time appear.

The said bonds shall be issued in one or more series, shall bear such date or dates, shall mature at such time or times shall bear interest at such rate or rates, shall be payable at such time or times, and at such place or places, shall be in such denominations, and shall contain such other provisions as the Mayor and Council may provide and shall be set forth in the said bonds. Said bonds may or may not be coupon bonds and may be registered or otherwise as the Mayor and Council deem advisable.

The Mayor and Council shall direct and effect the preparation and sale of said bonds at such time or times, at such price or prices, and upon such terms as the said Mayor and the Treasurer of The City of Dover and sealed with the corporate seal thereof. Facsimile signatures of the Mayor and Treasurer and a facsimile of the Corporate seal may be imprinted upon such bonds and any coupons attached to said bonds in lieu of the signatures of the said Mayor and Treasurer in their own handwriting and of the affixing of the corporate seal itself.

Said bonds of The City of Dover shall be exempt from all State, County and Municipal taxes.

The Mayor and Council of The City of Dover are hereby authorized and required to levy and raise by taxation in each and every year such sums of money as may be required to pay the interest accrued on said bonds while all or any of said bonds while all or any of said bonds remain unpaid, and the said Mayor and the City Council are further authorized and required to levy and raise by taxation, from time to time such sum or sums of money as shall be needed to establish such sinking fund as the said Mayor and the City Council may at their discretion authorize for the redemption of said bonds, or any of them, at or before redemption of said bonds shall be levied and raised as taxes for general municipal purposes in the said City are levied and raised and shall be in addition to those levied and raised for any and all other municipal purposes.

A statement appearing in the bonds issued under the provisions of this section to the effect that the bonds have been duly authorized shall be deemed and held to be conclusive evidence in favor of the lawful holder of any such bonds that the terms and conditions of this section have been fully met and complied with.

(c) Bonds issued pursuant to Subsection (b) hereunder to finance public storm sewer, streets and appurtenances may be authorized without a referendum vote by a resolution of the Council which shall have the affirmative vote of three-fourths of the members thereof and the approval of the Mayor. Bonds authorized pursuant to this Subsection (c) shall not exceed the sum of $1,000,000 for any single issuance nor a total of one (1%) percent of the total taxable assessment for a general tax in the aggregate outstanding at any time.

(d) Except for bonds issued pursuant to Subsection (c) hereof, all bonds issued under the provisions of subsection (b) shall first be approved by a referendum vote of the qualified voters (as herein defined) of the City of Dover.

Notice of the holding of such referendum election shall be authorized by resolution of the Mayor and Council, published once a week, for at least three consecutive weeks in at least one newspaper circulated in The City of Dover, Delaware. Such notice shall set out in summary form the amount and purposes of such bond issue, the date and place of holding the referendum election and the hours the polls will be open.

At said referendum election “qualified voter” shall mean every natural person who is a resident or a non-resident taxable of the City, of the age of eighteen years or upwards. Each qualified voter shall be entitled to vote and shall have one vote.

The Mayor and Council shall, prior to the date of the referendum election, appoint one judge and two clerks to pass upon the qualifications of each voter and to conduct the election and a majority of the election officers present at the opening of the polls shall fill any vacancy among the election officers. A majority of the election officers shall be sufficient to decide the qualifications of the voters. The Mayor and Council, prior to the date of the referendum election, shall designate either the City Manager or other City employee familiar with the City assessment and tax payment records to attend the election with the last City assessment and tax payment records for the inspection of the election officers. The referendum election shall be held at such suitable place in the said City as the Mayor and Council shall designate in said published notice. The polls shall be open from 11 o’clock A.M. (local time), and shall close at 8 o’clock P.M. (local time). The Judge of the election shall, in the case of a tie vote on the bond issue cast the deciding vote, otherwise he shall refrain from voting, bu the election clerks may vote.

The election clerks shall each keep a separate tally sheet and their tally sheets shall be compared and must agree as to the total votes cast for and the total votes cast against the bond issue. Both tally sheets shall then be certified as correct by at least two of the election officials and be delivered to the Mayor, or to the Clerk of Council immediately after the tally sheets are compared, are in agreement and have been certified.

The Mayor and Council shall at the next regular meeting after the election, or at a special meeting, receive the results of the referendum election and make the same a part of the minutes of said meeting, whereupon if a majority of the votes cast were for the bond issue bonds herein provided for may be issued and sold as in Subsection (b) provided, but if at such referendum election the majority of the votes cast were against the bond issue, then no bonds shall be issued nor shall any money be borrowed pursuant to the resolution submitted to the referendum.

(e) In addition to the power otherwise granted in this Section, the Mayor and Council may issue special assessment revenue bonds to finance those public projects for which the City may levy and collect special assessment pursuant to Section 28 (36 Del. Laws Chapter 158, as amended by 37 Del. Laws Chapter 152 and 56 Del. Laws Chapter 49, and as may be amended from time to time) of this Chapter. Such bonds shall not obligate the faith and credit of the City, but shall be payable solely from the proceeds of the special assessments which are pledged to the payment thereof. Such bonds shall be authorized without a referendum vote by a resolution of the Council which shall have the affirmative vote of three-fourths of the members thereof and the approval of the Mayor.

(f) After authorization of the sale of bonds as provided in this Section and in anticipation of the sale and issuance of said bonds, the Mayor and Council may borrow money and issue notes of the City for the purpose and to the extent of the amount of bonds authorized to be sold, less the amount of any bonds theretofore issued under such authority. The said borrowing shall be authorized by a resolution of the Council which shall have the affirmative vote for three-fourths of the members thereof and the approval of the Mayor, and the note or notes thereby authorized shall be signed by the Mayor and Treasurer of the City. When issued and signed in accordance with this Subsection (f), faith and credit of the City shall be deemed to be pledged for the repayment of all said notes, except those issued pursuant to Subsection (e) hereof.

The note or notes issued in anticipation of a bond issue may be renewed from time to time, but the proceeds of the sale of such bonds shall, to the extent necessary, be first used to pay and retire such notes. Said notes may be redeemed at par and accrued interest at any time prior to their maturity if the right so to do shall have been reserved.

Synopsis:

This act makes the following changes in the City of Dover Charter:

1. Changes voter eligibility to conform to Delaware Supreme Court decision by repealing weighted vote eligibility and providing for one vote for each property owner.

2. Makes certain technical changes in the form and authorization of bonds.

3. Provides for special assessment revenue bonds.

SET PUBLIC HEARING - PROPOSED USE OF REVENUE SHARING

The City Manager requested that a public hearing be set for March 14, 1983 at 7:30 p.m. for the proposed use of revenue sharing and a second public hearing be set for March 28, 1983 at 7:30 p.m. for a revenue sharing budget hearing.

Mr. Bonar moved for approval of the request of the City Manager and that the public hearings be set for March 14, 1983 and March 28, 1983 at 7:30 p.m. The motion was seconded by Mr. Carey and unanimously carried.

CORRESPONDENCE

Councilman David L. Bonar - Statement

Mr. David L. Bonar, in a letter addressed to Mayor and Council and dated February 28, 1983, submitted a letter of resignation from the Second District of the Council of the City of Dover. Mr. Bonar cited his decision as being criterion for new employment and requested that his resignation be accepted immediately.

Mr. Bonar stated his pleasure in serving as a Councilman of the City of Dover and his appreciation to City staff and fellow Councilmen for making his job much easier.

Mr. Carey moved to accept the resignation of Councilman David L. Bonar, seconded by Mr. Boaman and unanimously carried.

PROPOSED SCHEDULE FOR FILLING VACANCY OF SECOND DISTRICT

Due to the resignation of Councilman Bonar, the City Clerk requested that the Special Election be held to coincide with the Regular Municipal Election, to be held on April 18, 1983. Also, it was suggested that the filing time for this seat be set for March 1, 1983 through March 11, 1983 at 4:00 p.m.

Mr. Richter moved for acceptance of the proposed schedule, as suggested by the City Clerk. The motion was seconded by Mr. Hardcastle and carried by a unanimous roll call vote.

Kent County Levy Court Correspondence

Mr. Boaman requested that the Official Minutes reflect the fact that to date, no correspondence has been received from the Kent County Levy Court in response to inquiries regarding county-wide reassessment of all real property, assuming full responsibility of ambulance and paramedic services or contributing substantially to costs involved, and recognizing the City’s local service functions by initiating tax relief for citizens of municipalities.

Meeting Adjourned at 8:50 P.M.

DEBRAH J. BITTNER

ASSISTANT CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of February 28, 1983, are hereby approved.

CRAWFORD J. CARROLL

MAYOR

March 7, 1983